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EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION. )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez
2832

House Bill No.
EXPLANATORY NOTE

This bill mandates the inclusion of day care workers among public health workers
who have certain rights and privileges under the law.

This bill provides for the Magna Carta of Day Care Workers. Day Care workers play
an important role in our society. The day care worker positions were created under Republic
‘Act No. 6972 or An Act Establishing a Day Care Center in Every Barangay, Instituting
Therein a Total Development and Protection of Children Program, Appropriating Funds
Therefor, and for Other Purposes. Said law provides that barangay day care workers in
accredited day care centers shall receive a monthly allowance of not less than five Hundred
Pesos (P500.00) to be charged to the annual appropriations of the Department of Social
Welfare and Development. Since the decentralization of basic health and social services in
1990, the local government unit is directly responsible for the management and operation of
day-care centers and the compensation of day care workers.

Day care workers are not only confined in taking care of their wards. They likewise
assist the Department of Social Welfare and Development (DSWD) during calamities and
facilitate the referral of cases of child abuse to the Department. The compensation provided
for by law is no longer commensurate to the tasks they perform and the responsibilities they
hold.

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

Legg, .

vig B. RO


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES,

Introduced by Representative Rufus B. Rodriguez
2832

House Bill No.

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. Short 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 preschool
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 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.

SEC. 4, Plantilla Positions and Security of Tenure in Day Care Centers. ~ Atleast 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.

SEC.5. _ Creation of Special Personnel Selection Board. — A Special Personnel
Selection Board (SPSB) for day care worker positions shalll 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 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 (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 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
appointing, from the SPSB-recommended pool, a day care worker position 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 |, with 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 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 Il, with Salary Grade Eight (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.

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 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 in Section 8 hereof;

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

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



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 Attomey'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
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), the 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, the CHED, and the 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 Nongovemment 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 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 Ga
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.

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 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,
tules 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,