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

EIGHTEENTH CONGRESS
First Regular Session

4010

House Bill No.

Introduced by HON. HENRY R. VILLARICA
4™ DISTRICT, BULACAN

EXPLANATORY NOTE

As caretakers of children in the absence of their parents who work during the day or even
beyond the call of duty, day care workers deserve only the best treatment by the State. In their
hands are the future leaders and foremost personalities in Philippine politics, business, science
and technology, culture and the arts, Day care workers must effectively discharge their duties
and responsibilities. These can only be achieved if the State equips them with the appropriate
incentives and benefits in addition to the training they have to undergo.

Presently, however, day care workers across the country are bereft of the appropriate
salary and other appurtenant benefits, making them less efficient in performing their functions.
This proposed bill seeks to address this issue.

During the 16" Congress, a substitute bill on this subject was approved on 2™ Reading by
the House Plenary. After this bill was re-filed in the 17" Congress the House of Representatives
Plenary approved it on 3" Reading. Due to time constraints, however, no further action was
taken on the bill by the Senate. This bill is re-filed for the consideration of the 18 Congress.

Support for the enactment of this measure is eamestly requested. |

REP. HENRYR- ARICA


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

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.__ 4010

Introduced by HON. HENRY R. VILLARICA
4TH DISTRICT, BULACAN

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”.

SEC. 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.

SEC. 3. Coverage. — This Act covers all day care workers, also referred to as child development
workers in R.A. 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 the children aged four (4) years
old and below in all government-sponsored day care centers. ,

SEC. 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 governed by civil service rules and regulations. No day care worker shall be removed or
transferred without just cause, due process, or prior consultation with the concerned day care worker.

SEC. 5. Creation of Special Personnel 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 chairperson, the punong barangay, local health
officer, human resource management officer and local government unit (LGU) first level employees’
representative as members.


SEC. 6. Recruitment and Selection. ~ Upon publication and posting by the local human resource
management office of vacant permanent day care workers 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 local human resource management office 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
appointing from the SPSB-recommended pool, a day care worker in a particular day care center.

SEC. 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, and entitled to Salary Grade Six (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;

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
the “Special Protection of Children against Child Abuse, Exploitation and Discrimination Act”.

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
fare 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 Eight (8) must possesses the same above
qualifications mentioned in paragraph (a) of this section including five (5) years working
experience and at least twelve (12) hours of relevant training.

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 the 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.

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
under Section 8 hereof

(b.) Hazard Allowance — for being exposed to situations, conditions or factors in the workplace
which endanger the workers’ health or life and or increase the danger or risk thereto. Such risk or
danger shall be determined by the local Sangguniang Barangay concerned; andy

(c.) Subsistence Allowance — for meals taken in the course of their duty within the premises of
isolated day care centers, the amount of which shall be computed in accordance with prevailing
circumstances as determined by the local Sangguniang Barangay concerned.

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
jin 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; and

(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 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 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.

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 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. Pursuant thereto, all
day care centers may accept any 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
(SEF) of LGUs concemed. 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 shalll also be set aside for the purpose.

SEC. 15. Implementing Rules and Regulations. - The DSWD, the ECCDC and the Department
of the Interior and Local Government (DILG), in consultation with the CSC and the 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 thereof, 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” 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,