Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 3287

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

AN ACT
LIMITING THE CONSECUTIVE HOURS OF WORK BY NURSES

EXPLANATORY NOTE

The Constitution, Article 13, Section 11, para. 1, provides:

The State shall adopt an integrated and comprehensive
approach to health development which shall endeavor to make
essential goods, health and other social services available to all

the people at affordable cost.

Filipino nurses take a lead role in ensuring public health development, especially in rural
areas. However, the country continues to be saddled with a poor healthcare sector caused
primarily by the low ratio of nurses as duly licensed nurses opt to bring their services to
greener pastures abroad or to other relatively lucrative sectors which do not involve the

practice of their profession.

Ina research conducted by the HHS Public Access, it has documented that hospitals in
which a higher proportion of nurses experience “burnout” because of consecutive
working hours have lower patient satisfaction. Extended shifts undermine nurses’ well-
being, may result in expensive job turnover, and can negatively affect patient care.
Policies regulating work hours for nurses, similar to those set for resident physicians,
may be warranted. Nursing leaders should also encourage workplace cultures that
respect nurses’ days off and vacation time, promote nurses’ prompt departure at the end

ofa shift, and allow nurses to refuse to work overtime without retribution.


‘This measure ensures the dignity of Filipino nurses and assume responsibility for the
protection, respect and improvement of the nursing profession by instituting measures
that will ensure the adaption of just and humane conditions of work and the promotion
of professional growth. This bill also aims to ensure that mandated benefits are provided
to encourage them to work in the country instead of going abroad.

Thus, the immediate passage of this measure is earnestly sought.

‘RED VARGAS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session

House BILLNo, 3287

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

AN ACT
LIMITING THE CONSECUTIVE HOURS OF WORK BY NURSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress Assembled:

SECTION 1. Definition of Terms. - As used in this Act, the following terms shall be
defined as follows:

A. “Emergency” is defined as an unforeseen event that could not be prudently

planned for and does not regularly occur in the facility;

B. “Health Care Employer” shall mean any individual, partnership, association,
corporation, or any person or group of person acting directly or indirectly on
behalf of or in the interest of the employer, which provides Health care services in
a facility licensed to operate as such including any facility operated by the State, a

Political Subdivision or a Public Corporation;

C. “Nurse” shall mean a registered professional nurse as certified by the

Professional Regulatory Board;

D. “Regularly Schedule Work Hours” shall mean those hours a nurse has agreed to
work and is normally scheduled to work pursuant to the budgeted hours allocated
to the nurse’s position by the health care employer; and if no such allocation
system exists, some other measure generally used by the health care employer to
determine when an employee is minimally supposed to work, consistent with the

collective bargaining agreement, if any;

SECTION 2. Prohibition of Excessive Work Hours. - Not withstanding any other
provision of law:

‘A. No health care employer shall require a nurse to remain an duty for a
period longer than eight consecutive hours, or forty hours ina seven
day work week, exceptas consistent with the nurse's regularly schedule

work hours; and


B. No health care employer shall require a nurse to work more than that
nurse's regularly schedule work hours, except pursuant to subdivision
three of this Act.

SECTION 3. Exceptions to the Prohibition. —The Limitation provided for in this section
shall not apply in the case of:

A. Health care Disaster such as a natural or other type of disaster that
increases the need for health care personnel, unexpectedly affecting the
country; or

B. A declaration of emergency in effect in the region in which the licensed
health care employee is employed; or

C. Where a health care employer determines there is an emergency
necessary to provide safe patient care, in which case the health care
provider shall, before requiring an on-duty employee to remain, make
a good faith effort to be have overtime covered on a voluntary basis,
including, but not limited to, calling per diems, agency nurses, assigning
floats, or requesting an additional day off work from off-duty
employees;

SECTION 4. No Prohibition Against Voluntary Overtime. - Nothing in this Act shall
prohibit a nurse from voluntarily working overtime.

SECTION 5. Penalty. - The Health Care Employer found guilty of violating this Act shall
be fined the amount of One Hundred Thousand pesos (P100, 000) in addition
to other damages that shall be imposed by the imposed court.

SECTION 6. Separability Clause. - If any provision of this Act is held invalid or
unconstitutional, the same shall not affect the validity and effectivity of the
other provision hereof.

SECTION 7. Repealing Clause. - All laws, decrees, order, and issuances, or portions
thereof, which are inconsistent with the provisions of this Act, are hereby
repealed, amended or modified accordingly.

SECTION 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in Two (2) newspapers of general
circulation.