Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.0920

Introduced by DIWA Party-list Representative Hon. Michael Edgar Y. Aglipay

EXPLANATORY NOTE

‘The first few years of life are crucial for the development and education of children.
While the primary responsibility for the care and well-being of children falls to their parents
and family, a task as important and difficult as raising a child at times requires outside
assistance. In order to provide that assistance, the State has mandated the establishment and
provision of Day Care Centers in Republic Act Nos. 6972 and 10410. This bill, a re-filing of
House Bill 748 of DIWA Party-list file during the 17" Congress, seeks to further buttress
these centers by providing a magna carta for Day Care Center Workers.

MICHAEL E! . AGLIPAY
Representative, DIWA Party-list

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HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No) 520

Introduced by DIWA Party-list Representative Hon, Michael Edgar Y. Aglipay

AN ACT INSTITUTING THE MAGNA CARTA OF DAY CARE WORKERS AND
PROVIDING FUNDS THEREFOR

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

SECTION. 1. Title. - This Act shall be known as the “Magna Carta of Day Care
Workers”,

SECTION 2. Declaration of State Policy.—The State recognizes the vital role of
children and youth in nation-building and shall promote and protect their physical, moral,
spiritual, intellectual, and social well-being. Towards this end, the State shall adopt policies
that will improve the social and economic welfare of day care workers who provide pre-
school education and social development services to children.

SECTION 3. Coverage— This Act covers all day care workers, also referred to as
Child Development Workers in Republic Act No. 10410, otherwise known as The Early
‘Years Act (EY), herein defined as persons primarily engaged in the provision of early child
development services and programs such as care, social development, education, protection,
and other needs of children aged four (4) years old and below in all government-sponsored
day care centers.

SECTION 4. Plantilla Positions and Security of Tenure in Day Care Centers. —
At least one (1) Day Care Worker I and one (1) Day Care Worker II plantilla positions shall
be created in all day care centers nationwide. As plantilla position holders, day care workers
shall be appointed under permanent status and shall be protected and governed by Civil
Service rules and regulations. No day care worker shall be removed or transferred from office
without just cause, due process, or prior consultation with the concerned day care worker.

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SECTION 5. Recruitment and Selection/Creation of Special Selection Board —
Upon publication and posting by the local Human Resource Management Office (HMRO) of
vacant permanent day care worker positions in particular day care centers, all qualified
applicants shall submit their application together with complete requirements to the Punong
Barangay who shall forthwith transmit the same to the HMRO for preliminary evaluation

Provided, That all qualified incumbent day care workers hired under casual, contractual, and
job order employment status shall automatically be considered candidates and given priority
for appointment to permanent day care worker positions.

A Special Personnel Selection Board (SPSB) for day care worker positions shall be
created to screen candidates and create a pool of ten (10) qualified applicants for possible
appointment to the subject positions. The SPSB shall be composed of the Local Social
Welfare and Development Officer as chair, the Punong Barangay, Local Health Officer,
Human Resource Management Officer, and local government unit (LGU) first level
employees’ representative as members.

The Local Chief Executive, as the appointing authority, shall exercise sound
discretion in selecting from the SPSB-recommended pool the most qualified for appointment
to the day care worker position in a particular day care center.

SECTION 6. Qualifications, Positions and Salary Grade. —A day care worker
possessing the following qualifications shall be hired to the position of Day Care Worker I,
and entitled to Salary Grade Six (6):

1) Must be of legal age: Provided. That day care workers legitimately serving as such
upon the passage of this Act who are above seventeen (17) years old but below
eighteen (18) years old, shall continue to serve as such and are qualified to be
covered under this Act; Provided further, That their retention had been
recommended by their direct supervisor.

2) Must have completed at least two (2) years of college education: Provided. That
day care workers who have no college education upon the effectivity of this Act
shall be given three (3) years within which to complete equivalent training to be
able to continue in the service, in accordance with Sec. 9 of this Act. The
necessary training courses shall be prescribed by the Department of Social
‘Welfare and Development (DSWD).

3) Must be certified by the DSWD or DSWD-deputized entities to have complied
with existing requisites and trainings in early childhood care and development;

4) Must not have been convicted by final judgment of any crime; and,

5) Must not have a pending case in relation to Republic Act No. 7610, otherwise
known as Special Protection on Children Against Child Abuse.

A daycare worker who possesses all the above qualifications, has at least five (5)
years of working experience as such, and has completed more than twelve (12) hours of
relevant training, shall be hired as Day Care Worker II, and entitled to Salary Grade Bight
(8),

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Qualifications and exceptions applicable to this Section shall be subject to conditions
imposed by the Civil Service Commission (CSC),

SECTION 7. Additional Compensation and Allowances. ~ Day care workers shall
be provided with the following additional compensation, whenever applicable:

a. Overtime pay — for services rendered beyond the required working hours as
prescribed in Sec. 12 hereof,

b. Hazard Allowance ~ for being exposed to situations, conditions, or factors in the
workplace which adversely endanger the workers’ health or life, or increase the
danger or risk in the exercise of their duties. Such risk or danger shall be
determined by the local Sangguniang Barangay concerned; and

©. Subsistence Allowance ~ for services rendered within the premises of isolated day
care centers equivalent to the meals they take in the course of their duty, which
shall be computed in accordance with prevailing circumstances as determined by
the local Sangguniang Barangay concerned.

SECTION 8. Other Benefits and Privileges. ~ Day care workers shall be entitled to
the following additional benefits and privileges:

a. Married Day Care Workers.- Whenever possible, married couples who are both day
care workers shall be assigned in the same municipality or city.

b. Right to Self-Organization. —Day care workers shall have the freedom to organize
themselves and under no circumstance may be dismissed from work on the basis of
membership in such organization:

c. Free Legal Services— The Public Attomey’s Office (PAO) shall represent day
care workers in cases filed against them in connection with the performance of
their duties.

4d. Free Medical Examination and Treatment Annual medical examinations shall be
provided by government hospitals, free of charge, to all day care workers. Day care
workers suffering from work-related ailments shall be treated without cost in
government hospitals

¢. Preferential Access to Livelihood. Loans, Grants, and Skills Enhancement— The
DSWD and the LGUs, in coordination with other concerned government agencies,
shall provide organized day care workers with a mechanism for accessing
livelihood, loans, grants, and skills enhancement services.

£ Other Benefits—All day care workers shall automatically become members of the
Government Service Insurance System (GSIS), PAG IBIG, and PHILHEALTH,
subject to premium payments by both employers and employees, and shall be
entitled to maternity/paterity, sick, and vacation leaves as provided for by existing
laws.

SECTION 9. Training, Education and Skills Enhancement The DSWD, in
coordination with Department of Education (DepEd), Commission on Higher Education
(CHED) and the Technical Education and Skills Development Authority (TESDA), shall

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provide for a system of continuing education and skills training and knowledge enhancement
programs for day care workers

‘An equivalency system of education, which shall provide for the recognition of the
actual work experiences and prior leaming of day care workers, shall be adopted by the
DepEd, CHED, and TESDA for possible accreditation into formal academic or training units.

SECTION 10. Support from Non-Government Organizations (NGOs). - Non-
government organizations or private volunteer organizations are hereby encouraged to assist
or support the government in the implementation of programs and projects for day care
workers. As such, all day care centers are allowed to accept any assistance or support from
NGOs.

SECTION 11. Code of Conduct of Day Care Workers.-Within six (6) months upon
approval of this Act, the ECDC, in consultation with a national organization of day care
workers, shall formulate a Code of Conduct for Day Care Workers. Each day care worker
shall be provided with a copy of the Code at the expense of government.

SECTION 12. Working Hours. — A day care worker is required to render eight (8)
working hours a day or a total of forty (40) working hours a week; Provided, That the local
social welfare officer may require day care workers to render services beyond their required
working hours during emergency situations such as natural and man-made calamities.

SECTION 13. Implementing Rules and Regulations. - The DSWD, ECCDC, and
Department of the Interior and Local Government (DILG), in consultation with the CSC and
a national organization of day care workers, shall formulate the rules and regulations
necessary to implement the provisions of this Act within six (6) months from its effectivity.

SECTION 14. Appropriations. — The amount necessary to cover the salaries and
benefits of day care workers shall be charged from the Internal Revenue Allotment (IRA) and
the Special Education Fund of LGUs concemed. Provided, That the national government
shall provide subsidy for at least one (1) daycare worker per center in the fourth, fifth and,
sixth class municipalities. A portion of the contribution of Philippine Amusement and
Gaming Corporation (PAGCOR) as provided under R.A. No. 10410 as well as additional
funds generated from donations, fees, and contributions collected by the ECCDC from
whatever source shall also be set aside for the purpose.

SECTION 15. Penal Provisions. — Any person who violates any provision of this
Act shall be punished with a fine of not less than Five thousand pesos (P5,000.00) or
imprisonment of not less than one (1) month but not more than two (2) months, or both, at the
discretion of the court.

If the offender is a public official, the offender shall, in addition to the penalties stated
above, be dismissed from government service and shall be perpetually disqualified from
assuming any public office.

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SECTION 16. Separability Clause.- If any provision of this Act or any part thereof,
is declared unconstitutional, the same shall not affect the validity and effectivity of the other
provisions.

SECTION 17. Repealing Clause. — Republic Act No. 6972, otherwise known as
Barangay-Level Total Development and Protection of Children Act, and all laws, decrees,
rules and regulations, and executive orders contrary to or inconsistent with this Act, are
hereby repealed or modified accordingly.

SECTION 18, Effectivity — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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