Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. _1945

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

EXPLANATORY NOTE

‘This bill seeks to set the fundamental rights and privileges of day
care workers in the country.

Day care workers are tasked in providing quality early education
and opportunities for social development among our children. In
recognition of the role played by our day care workers, this bill provides
for a framework of their rights and privileges. This bill provides for
security of tenure, humane working conditions and living wage for day
care workers. With the protection of the rights of day care workers, the
State thus ensures the availability and enhancement of the quality of
early childhood care and education in the country, thereby upholding its
mandate to defend and protect children’s rights as well as promoting the
rights of all its workers.

The Bill provides for the creation of plantilla positions as well as
overtime pay, hazard and subsistence allowances to qualified day care
workers. It likewise provides for the right to self-organization, legal and
medical assistance and other benefits. The measure also provides for
training and professional development opportunities for day care workers
in order for them to constantly upgrade their knowledge and skills
consistent with current trends and demands of early childhood care and
education.

A similar measure was approved on Third and Final Reading by the
House of Representatives in the 17% Congress. It is prayed that in the
18th Congress, this measure is finally passed and approved into law.

In view of the foregoing considerations, the immediate approval of
this bill is most earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 1945

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

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

Be it enacted by the Senate and the House of Representatives 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 (EYA) of 2013”, 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 removed or
transferred from office without just cause, due process, or prior
consultation with the concerned day care worker.

Section 5. Creation of Special Selection Board. - 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


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Management Officer, and local government unit (LGU) first level
employees’ representative as members.

Section 6. Recruitment and Selection. 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 requirement to the Punong Barangay who shall forthwith
transmit 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 automatically be
considered candidates and given priority for appointment to permanent
day care worker positions.

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 7. Qualifications, Positions and Salary Grade. - A
day care worker possessing the following qualifications shall be hired to
the position of:

(a) Day Care Worker I, with Salary Grade 6, must possess the

following qualifications:

(1) Must be of legal age;

(2) Must have completed at least two (2) years of college

education;

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

Must not have been convicted by final judgement of any
crime; and

Must not have pending case in relation to Republic Act No.
7610, otherwise known as the “Special Protection of
Children Against Child Abuse, Exploitation and
Discrimination Act”.

(4)

(5)

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, That their
retention had been recommended by their direct supervisor.

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 12 of this Act. The necessary training
courses shall be prescribed by the DSWD.

(b) A Day Care Worker II, with Salary Grade 8, must possess the
same qualifications mentioned in paragraph (a) of this section
including five (5) years of working experience and at least
twelve (12) hours of relevant training.


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

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 local social welfare and development officer
(LSWDO) may require day care workers to render services beyond their
required working hours during emergency situations such as natural and
man-made calamities.

SEC. 9. 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 worker shall be provided with a copy of the
Code at the expense of the government.

SEC, 10. 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 8 hereof;

(b) Hazard allowance - for being exposed to situations, conditions,
or factors in the workplace which endanger the workers’ health
or life, or increase the danger or risk thereto. Such risk or
danger shall be determined by the Sangguniang Barangay
concerned; and
Subsistence allowance - for meals taken in the course of their
duty with the premises of isolated day care centers, the amount
shall be computed in accordance with prevailing circumstances
as determined by the local Sangguniang Barangay concerned.

(ce)

SEC. 11 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) 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.

(c) 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.

(d) 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.

(e) 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


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

SEC. 12. Training, Education and Skills Enhancement. - The
DSWD, in coordination with the Department of Education (DepEd),
Commission on Higher Education (CHED), and 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.

The DepEd, CHED, and TESDA shall adopt an equivalency system
of education that shall recognize and duly credit the actual work
experiences and prior learning of day care workers as formal academic or
training units.

SEC. 13. 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, Pursuant
thereto, all day care centers may accept such assistance or support from
NGOs.

SEC. 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 be set aside for the purpose.

SEC. 15. 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. .

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

SEC. 17, Repealing 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.

SEC. 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,