Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

8011

HOUSE BILL NO.

Introduced by Manila Teachers Representative
VIRGILIO S. LACSON

INTRODUCTORY NOTE

The lack of employment opportunities for nurses in the country makes nursing interns and
trainees vulnerable to the exploitative practices of some hospitals that capitalize on their need for
training hours necessary for their employment both at home and overseas. Several reports from
various media outfits show that certain hospitals demand fees from nurse trainees in exchange
for work experience. A clear indication of exploitative practice of free labor, the State must
explore all its options to ensure fair labor practices are observed in all professions.

This bill seeks to provide certain working incentives for trainee nurses to ensure their welfare
while rendering experiential service to any hospital in the Philippine and aims to penalize
hospitals, both public and private, that demand payment from trainee nurses in exchange for
actual nursing experience gained while working in a particular hospital.

In view of the foregoing, the immediate approval of this measure is urgently sought.

—
VIRGIPIO S. LACSON


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

8011
HOUSE BILL NO.

Introduced by Manila Teachers Representative
VIRGILIO S. LACSON

AN ACT
INSTITUTIONALIZING CERTAIN WORKING INCENTIVES OF ON-THE-JOB
TRAINEE NURSES IN PUBLIC AND PRIVATE HOSPITALS, PROHIBITING THE
COLLECTION OF EXPERIENCE FEES AND PROVIDING PENALTIES THEREFOR

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 “OJT Nurses Protection Act”

SEC. 2. Coverage. — This Act shall cover all on-the-job trainee nurses rendering experiental
service to any public and private hospitals in the Philippines and all hospitals publicly or
privately operating in the Philippines.

SEC. 3. Incentives for Trainee Nurses. — All on-the-job trainee nurses upon rendering
experiential service to any public and private hospital shall be entitled for meal and
transportation allowances, Provided, That the rate to compute the incentives given to trainee
nurses shall not be less than fifty (50%) of the minimum daily wage promulgated by the
appropriate wage board.

SEC. 4. Prohibited Act. Any public or private hospital is hereby prohibited from requiring fees
from on-the-job trainee nurses who want to gain professional experience in hospitals.

SEC. 5. Penalties. — Any person who is found guilty of violating this Act shall suffer the penalty
of imprisonment of not less than six (6) months but not more than one (1) year and a fine not less
tan One Hundred Thousand Pesos (P100,000.00) but not more than Five Hundred Thousand
Pesos (P500,000.00).


If the offender is an association, corporation, or any juridical person, the penaltu shall be
imposed upon the President, Treasurer, Owner or any other person responsible for the violation.
In addition, a warning shall be issued to the the hospital for first offense, suspension of license to
operate for a period of not less than one (1) month but not less than six (6) months for the second
offense and cancellation of license for the third offense.

SEC. 6. Fee Refund. — Any trainee nurse who shall be required by the hospital to pay in
violation of Section 3 thereof shall be refunded the full amount paid to the hospital plus an
interest of six percent (6%) per annum until fully paid. In addition, a salary equivalent to not
more than the minimum wage or an amount as may be fixed by the court shall be paid by the
hospital for services rendered.

SEC. 7. Separability Clause. — If any part or provision of this Act shall be hel unconstitutional
or invalid, other provisions hereof which are not affected thereby shall continue to be in full
force and effect,

SEC. 8. Repealing Clause. - All laws, decrees, orders, rules and regulations, and other
issuances, or parts thereof, inconsistent with this Act are hereby repealed or amended
accordingly.

SEC. 9. Effectivity. — This Act shall take effect fifteen (15) days after its publication in at least

one national newspaper of general circulation.

Approved,