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REPRESS

Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

5852

HOUSE BILL No. __‘

Introduced by Rep. TEDDY A. CASINO

EXPLANATORY NOTE

‘The youth is our nation’s future. A crucial period in their development is from birth to age six. It is
during this time that it is important that they are given proper care and nutrition.

‘To address this, the Early Childhood Care and Development (ECCD) Act was passed into law as
Republic Act no. 8980. Recognizing the need to support parents in their role as primary caregivers
and their children’s first teachers, the ECCD Act institutionalized a full range of health, nutrition and
educational programs that help provide for the basic needs of young children.

At the forefront of the ECCD are our day care workers, most of which are deprived of just
compensation and benefits. Under Republic Act no. 6972 which establishes a day care center in every
barangay, the government is mandated to give them a mere monthly allowance of not less than Five
Hundred Pesos (P500) from the annual appropriation of the Department of Social Welfare and
Development. This is amid the fact that most of them are doing work comparable to their private pre~
school counterparts.

Besides being overworked and underpaid, a lot of them are also subject to politically-motivated
termination because they do not have security of tenure.

According to Akap Bata, a group pushing for the protection of children’s rights, there are now around
50,000 day care workers under the Department of Social Welfare and Development. These day care
workers cater to millions of children and their families. For poor Filipino families, having their
children in government day care centers which require little contribution is a big help. Parents are able
to earn a living for their family while dedicated day care workers tend to the needs of their children.

For most day care workers, caring for the children of the poor has become a vocation. But the”
government should not abuse their willingness to work as volunteers. It is not by choice but by
necessity, and at times desperation, that they are forced to accept the work in exchange of an amount
not even enough for their subsistence.

The government, in light of the institutionalization of the ECCI
workers regular government employees.

D, should finally make day care


By guaranteeing the rights of day care workers to security of tenure, humane working conditions and a
living wage, the State would be contributing to the improvement of the quality of early childhood care

and education, thereby upholding its mandate to defend and protect children’s rights as well as
guaranteeing the rights of all its workers.

Immediate approval is thereof sought.

Approved,

Soe
TEDDY A. CASINO

Bayan Muna Party-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. 5852

Introduced by Rep. TEDDY A. CASINO

AN ACT
PROVIDING FOR SECURITY OF TENURE, STANDARDIZED SALARY
AND OTHER BENEFITS FOR DAY CARE WORKERS

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

SECTION 2. Declaration of Policy. \t 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 rights of children.

SECTION 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.

SECTION 4, Definition. For the purposes of this Act, the following terms shall mean:

a. Barly Childbood Care and Development (ECCD) — the full range of health, nutrition, early
education and social services 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 programs;

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

SECTION 5. Qualifications. A day care worker must be of legal age and had received 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 disctiminated on the basis of gender, religion, age, status, ethnic groupings, educational attainment
or political affiliation.

SECTION 6. Security of Tenure. — qualified day care workers are hereby granted tenure in the city
or municipality they are serving. 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 provided 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 except 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.
Backwages with twelve percent (12%) interest computed from the time compensation was withheld
from the time of reinstatement shall also be awarded.

SECTION 7. Salary. A day care worker shall receive a salary equivalent to Salary Grade 8, subject to

step increments or salary increases within the salary grade based on length of service pursuant to
existing laws.

In the case of government-run but corporate-sponsored day care centers, as well as non-stock, non-
profit day care centers run by volunteers, people’s organizations, associations, non-government
organizations, the government will augment the salaries of day care teachers as needed.

SECTION 8. Working Hours. 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 services beyond working hours during emergency
situations such as calamities.

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

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

b. 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;

¢. 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.

d. Overtime work — where the exigencies of the service so require, any day care 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 politically-motivated or work-related harassment, government
will provide free legal assistance to day care workers to uphold and protect their rights.


SECTION 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.

SECTION I. 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,

SECTION 12. Participation Fee. Day care workers shall in no 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.

SECTION 13. Training, Education and Career Enhancement. The Depastment 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 educational
programs, as well as provide opportunities for scholarships and continuing education.

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

SECTION 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.

SECTION 16. Penal Provision. ~ Any person shall willfully interfere with, restrain or coerce any
; excise of his/her rights or shall in any manner violate any provision of this

Act, upon conviction, shall be punished by a fine of not 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.

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

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

SECTION 19. Effectivity: — This Act shall take effect fifteen (15) days after its publication in two
(2) newspapers of general circulation

Approve,