Republic of the Philippines

HOUSE OF REPRESENTAT!
Quezon City

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SEVENTEENTH CONGRESS we:
First Regular Session

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REGISTRATION UNF
BILLS AND INDEX SERVICE

House Bil No, 1974

Introduced by Representatives
Estrellita B. Suansing and Horacio P. Suansing, Jr.

EXPLANATORY NOTE

‘The first five years of a child’s life is critical to their development, success and
performance throughout life. That is why this phase is called the formative years.
‘This is said to be the best window of opportunity that we need to seize or forever lose
the potential innate in each child.

The role of women has significantly changed over the years. Women are now
as equally educated as men and are contributing to the family’s finances.
‘Traditionally, women in the Philippines are homemakers, and one of their primary
responsibilities is to look after their children. Nowadays, more and more mothers

become part of our labor force as they help augment their family’s financial
situation.

‘Thus, these working mothers’ children are left to the guidance and
supervision of the day care workers. These noble workers play a crucial role in the
character molding and personality development of the children entrusted to their
care. In spite of the dedication these courageous individuals have shown, they
receive a measly monthly allowance of five hundred pesos (P500.00) as provided for
by Republic Act No. 6972, which is not enough to compensate for their hardships.

Aside from their meager salary, these noble heroes do not have security of
tenure, overtime pay, leave and other benefits that they duly deserve.

This proposed measure, a re-file of House Bill No. 6410 during the 16
Congress and approved on Third Reading on May 23, 2016, seeks to improve the
general welfare of our unsung day care workers by providing them the compensation
and benefits they earnestly warrant.

In view of the foregoing, immediate passage of this bill is earnestly sought.

n fu An
LITA B. SUANSING HORACIO“. SUANSING, JR.

1* Distric, Nueva Ecij: 2e4 District, Sultan Kudarat



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No, 1971

Introduced by Representatives
Estrellita B. Suansing and Horacio P. Suansing, Jr.

AN ACT
INSTITUTING THE MAGNA CARTA FOR DAY CARE WORKERS

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

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

SECTION 2. Declaration of 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 (EYA)”, 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.

SECTION 5. Recruitment and Selection/Creation of Special Selection
Board. - Upon publication and posting by the local Human Resource Management
Office (HRMO) 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 submit the same to the
HRMO for preliminary evaluation: Provided, That all qualified incumbent day care
workers hired under casual, contractual, and job order employment status shall


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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 Development Officer (LSWDO) 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):

a. 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;

b. 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 two (2) years within which to
complete equivalent training to be able to continue in the service, in
accordance with Section 9 of this Act. The necessary training courses
shall be prescribed by the Department of Social Welfare and
Development (DSWD);

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

d. Must not have been convicted by final judgment of any crime; and

. Must not have a pending case in relation to Republic Act No. 7160,
otherwise known as the “Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act”.

A day care 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 Eight (8).

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


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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 Section 12 hereof;

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.

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.

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

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/paternity, sick, and
vacation leaves as provided for by existing laws.


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SECTION 9. Training, Education and Skills Enhancement. - The
DSWD, in connection with the Department of Education (DepED), Commission on
Higher Education (CHED) and the Technical Education and Skills Development
Authority (TESDA), shall 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 learning 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 Nongovernment Organizations (NGOs). —
Nongovernment 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 Early Childhood Care and Development
Council (ECCDC), 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 the 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 the Department of Interior and Local Government (DILG), in
consultation with the CSC and 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 concerned: Provided, That
the national government shall provide subsidy for at least one (1) day care worker
per center in the fourth, fifth, and sixth class municipalities. A portion of the
contribution of the Philippine Amusement and Gaming Corporation (PAGCOR) as
provided under Republic Act 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.


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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.

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. Repeating Clause. - Republic Act No. 6972, otherwise known
as the “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,