ay) Senate

SEVENTEENTH CONGRESS OF THE REPUBLIC) + ottie ofthe Secretary
OF THE PHILIPPINES )
Third Regular Session ) .
18 AUG -9 A948
SENAT}
S.B. NO. F926

"Toa _:

Introduced by Senator Maria Lourdes Nancy S. Binay

AN ACT
GRANTING THE MAGNA CARTA FOR DAY CARE WORKERS.

EXPLANATORY NOTE

Article II, Section 12 of the 1987 Philippine Constitution provides:
“The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall
equally protect the life of the mother and the life of the unborn from
conception. The natural and primary right and duty of parents in the
rearing of the youth for civic efficiency and development of moral

character shall receive the support of the Government.”

Article II, Section 18 of the 1987 Philippine Constitution provides:
“The State affirms labor as a primary social economic force. It shall
protect the rights of workers and promote their welfare.”

In November 1990, Republic Act. No. 6972, otherwise known as the Barangay-
level Total Development and Protection of Children Act was enacted. This law
calls for the establishment of a day care center in every barangay and of the
Total Development and Protection Program.

After 10 years, December 2000, Republic Act No. 8980, otherwise known as the
Early Childhood Care and Development (ECCD) Act was legislated, This law seeks
to promulgate a comprehensive policy and national system for Early Childhood
Care and Development (ECD).



These measures promote and safeguard the rights of children against all forms
of neglect, abuse, cruelty, and other conditions prejudicial to their development.
More importantly it recognizes the critical development stage of childhood from
birth to six (6) years of age.

Daycare workers assist parents by tending to the needs of their children while
they work by preparing meals for children, monitoring them for health,
behavioral, and emotional concerns, maintaining their hygiene and ensuring that
children are learning and socializing. They also ensure that the children are in a
safe and clean environment. In this light daycare workers play a vital role in child
development.

The proposed bill seeks to provide daycare workers security of tenure,
appropriate living wage, and humane working conditions.

MARIA LOURDES ICY S. BINAY
Senator



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SEVENTEENTH CONGRESS OF THE REPUBLIC) ©. ihe @eccetre
OF THE PHILIPPINES

Third Regular Session )

18 AUG -9 A948

sB.nNo. 1926

REC L

Introduced by Senator Maria Lourdes Nancy S. Binay

AN ACT
GRANTING THE MAGNA CARTA FOR DAY CARE WORKERS

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

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

Sec. 2. Declaration of Policy. - It is the State’s responsibility to defend the
right of children to assistance, including proper care and nutrition, and special
protection from all forms of neglect, abuse, cruelty, exploitation and other
conditions prejudicial to their development. It is also the State's concern and
responsibility to provide adequate remuneration for day care workers to enhance
their general welfare with the end in view of fulfilling the state policy of
defending the right of children.

Sec. 3. Coverage. - This Act shall cover all persons providing Early
Childhood Care and Development in all government-run day care centers and
non-stock, non-profit day care centers run by volunteers, people's organizations,

associations and non-government organizations.

Sec. 4. Definition of Terms. - For the purpose of this Act, the following
terms shall mean:



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Early Childhood Care and Development (ECCD) - the full range of
health nutrition, early education and social service programs that
provide for basic holistic needs of young children from birth to age six
(6), to promote their optimum growth and development through
home-based and center-based program;

Day care centers - public, private or non-profit centers providing
ECCD service to Republic Act no. 8980 or The ECCD Act.

Sec. 5. Qualifications. - A day care worker must be of legal age and had
received adequate training in Early Childhood Care and Development from the
Department of Social Welfare and Development or its accredited organizations
and institutions. Under no circumstances may a day care worker applicant be
discriminated on the basis of gender, religion, age, status, ethnic groups,
educational attainment or political affiliation.

Sec. 6. Security of Tenure. - Stability on employment and security of
tenure shall be assured the daycare worker as provided under existing laws.

Incumbent day care workers not meeting requirements, specifically
training in ECCD, shall not be disqualified but will be required to finish a day care
worker training course to be administered by the Department of Social Welfare
and Development within one (1) year from the effectivity of this Act.

Regular day care workers shall not be terminated for cause provided by

law and after due process:

Provided, that if a day care worker is found by the Civil Service
Commission to be unjustly dismissed from work, the day care worker shall be
entitled to reinstatement without loss of seniority rights. Back wages with twelve

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percent (12%) interest computed from the time compensation was withheld from
the time of reinstatement shall also be awarded.

Sec. 7. Criteria for Salaries. - Daycare workers’ salaries shall correspond

to the following criteria:

(a)they shall compare favorably with those paid in other
occupations requiring equivalent or similar qualifications,
trainings and abilities; and

(b) they shall be such as to insure teachers a reasonable standard
of life for themselves and their families.

Sec. 8. 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 municipality/city social welfare officer may require a day care worker to
render service beyond working hours during emergency situations such as

calamities.

Sec. 9. Benefits. - Day care workers shall be provided with the following
benefits:

Philhealth - all day care workers shall be enrolled in the National
Insurance Program to be able to access personal health services;

Social Security - all day care workers shall be enrolled in the
Government Service Insurance System or the Social Security
System to be able to avail of retirement, disability, funeral and
other benefits;



Cost of Living Allowance ~ Daycare workers’ salaries shall, at the
very least, keep pace with the rise in the cost of living by the
payment of a cost-of-living allowance which shall automatically
follow changes in a cost-of-living index. The Secretary of Social
Welfare and Development shall, in consultation with the proper
government entities, recommend to Congress, at least annual, the
appropriation of necessary funds for the cost-of-living allowances of
the daycare workers.

Hazard Allowance ~ day care workers in both urban and rural
places, exposed to situations and conditions with foreseeable but
unavoidable danger or risks such as strife-torn areas and areas
under a state of calamity shall be compensated with hazard
allowance to be determined by the local government unit.

Over time work - where exigencies of the so require, any public
health worker may be required to render service beyond the normal
eight (8) hours a day. In such a case, the workers shall be paid an
additional compensation in accordance with existing laws and

prevailing practices.

Retirement benefits — all day care workers will receive retirement
benefits once they have reached the age and fulfilled service

requirements under existing laws.

Free legal assistance — in case of political-motivated or work-related
harassment, government will provide free legal assistance to day
care workers to uphold and protect their rights.



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Sec. 10. Right to Self-Organization. - Day care workers shall have the
right to freely form, join or assist organizations or unions in order to defend and
protect their mutual interests and to obtain redress of their grievances.

Sec. 11. Married Day Care Workers. - Whenever possible the proper
authorities shall take steps to enable married couples, both of whom are day
care workers, to be employed or assigned in the same municipality.

Sec. 12. Participation Fee. - Day care workers shall in on way be required
to shell out their own money to spend for electricity and rent of their center. If
the participation fee set by the local government is inadequate, it is the LGUs
responsibility to pay for necessary utilities required to operate the day care
center.

Sec. 13. Training, Education and Career Enhancement. - The Department
of Social Welfare and Development, in coordination with the Department of
Education and other concerned government agencies and non-government
organizations, shall organize training and education programs as well as provide
opportunities for scholarships and continuing education.

Sec 14, Implementing Rules and Regulations. - The Department of Social
Welfare and Development (DSWD), in consultation with the Department of
Budget and Management (DBM) and the Department of Education (DepEd), shall
promulgate the necessary rules and regulations to implement this Act.

Sec. 15. Appropriations. - The budget needed to implement provisions of
this Act shall be included in the annual General Appropriations Act. Training costs
shall be appropriated under the DSWD.

Sec. 16. Penal Provisions. - Any person who shall willfully interfere with,
restrain or coerce any day care worker in the exercise of his/her rights or shall in

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any manner violate any provision of this Act, upon conviction, shall be punished
by a fine of less than Twenty thousand pesos (P20,000.00) or imprisonment of
not more than one (1) year or both at the discretion of the court.

Sec. 17. Constitutionality. - Should any provision of this Act be declared
invalid or unconstitutional, the validity or constitutionality of the other provisions
shall not be affected thereby.

Sec. 18. Repealing Clause. - All laws, decrees, letters of instructions,
resolutions, orders, ordinances or parts thereof which are inconsistent with the
provisions of this Act, are hereby repealed, amended, or modified accordingly.

Sec. 19. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in two (2) newspapers of general circulation.

Approved,