HOUSE OF REPRESENTATIVES:
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DATE:

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REGISTRATION UNIT
BILLS AND INDEX SERVICE

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

982

House Bill No.

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 provisions of security of tenure to day care workers,
humane working conditions and a living wage. With the protection of the rights of the
day care workers, the State would be contributing to the enhancement of the quality of
early childhood care and education, thereby upholding its mandate to defend and protect
children’s rights as well as ensuring the rights of all its workers.

The Bill provides for the creation of plantilla positions as well as overtime pay,
hazard and subsistence allowance to qualified day care workers. It likewise provides for
the right to self organization, legal and medical assistance and other forms of benefits to
them. The bill also provides for training and professional development opportunities for
the day care workers in order to enhance their skills.

This bill has been filed in the 16 Congress and has seen its succgSs short of
passage into a law. It is, therefore, hoped that in the 17" Congress, the bi will finally
become a law.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

,
House Bill No 982

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

AN ACT
UTITING 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), 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
east 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. Recruitment and Selection/Creation of Special Selection Board. ~
Upon position and posting by the local Human Resource Management Office (HMRO) 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 HMRO 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.

A Special Personnel Selection Board (SPSB) for day care worker positions shall
be created to screen candidates and created a pool of ten (10) qualified applicants for
possible appointment to the subject positions. The SPSB shall be composed of the Local


LOO EOE Ee DCO EO

36 Social Welfare and Development Officer as chair, the Punong Barangay, Local Health
37 Officer, Human Resource Management Officer, and local government unit (LGU) first
38 level employees’ representative as members.

39

40 The Local Chief Executive, as the appointing authority, shall exercise sound
41 discretion in selecting from the SPSB-recommended pool the most qualified for
42 appointment to the day care worker position in a particular day care center,

43

44 Section 6. Qualifications, Positions and Salary Grade. - A day care worker
45 possessing the following qualifications shall be hired to the position of Day Care Worker
46 1, and entitled to Salary Grade Six (6)

47

48 1) Must be legal age: Provided, That day care workers legitimately serving as
49 such upon the passage of this Act who are about seventeen (17) years old but
50 below eighteen (18) years old, shall continue to serve as such and are qualified
51 to be covered under this Act; Provided further, That their retention had been
52 recommended by their direct supervisor.

53 2) Must have completed at least two (2) years of college education: Provided,
54 That day care workers who have no college education upon the effectivity of
55 this Act shall be given two (2) years within which to complete equivalent
56 training to be able to continue in the service, in accordance with Sec. 9 of this
57 Act. The necessary training courses shall be prescribed by the Department of
58 Social Welfare and Development (DSWD).

59 3) Must be certified by the DSWD or DSWD-deputized entities to have
60 complied with existing requisites and trainings in early childhood care and
61 development;

62 4) Must not have been convicted by final judgment of any crime; and

63 5) Must not have a pending case in relation to Republic Act No. 7610, otherwise
64 known as Special Protection on Children Against Child Abuse.

65

66 ‘A daycare worker who possesses all the above qualifications, has at least five (5)

67 years of working experience as such, and has completed more than twelve (12) hours of
68 relevant training, shall be hired as Day Care Worker II, and entitled to Salary Grade Eight

69 (8)
70 Qualifications and exceptions applicable to this Section shall be subject to
71 conditions imposed by the Civil Service Commission (CSC).

72

2B Section 7. Additional Compensation and Allowances. - Day care workers shall
74 be provided with the following additional compensation , whenever applicable:

75

76 a. Overtime pay ~ for services rendered beyond the required working
77 hours as prescribed in Section 12 hereof;

78 b Hazard Allowance — for being exposed to situations, conditions, or
79 factors in the workplace which adversely endanger the workers’ health
80 or life, or increase the danger or risk in the exercise of their duties.
81 Such risk or danger shall be determined by the local Sangguiniang
82 Barangay concerned; and

83 ©. Subsistence Allowance - for services rendered within the premises of
84 isolated day care centers equivalent to the meals they take in the course
85 of their duty, which shall be computed in accordance with prevailing
86 circumstances as determined by the local Sangguiniang Barangay
87 concerned.

88

89 Section 8. Other Benefits and Privileges. ~ Day care workers shall be entitled to

90 the following additional benefits and privileges:
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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. Right to Self-Organization. - Day care workers shall have the freedom to
organize themselves and under no circumstances may be dismissed from work
on the basis of membership in such organization.

c. 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.

d. Free Medical Examination and Treatment. ~ Annual medical examination
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.

e. Preferential 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.

f. 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.

Section 9. 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 to continuing education and skills training and
knowledge enhancement programs for day care workers.

An equivalency system of education, which shall provide for the recognition of
the actual work experiences and prior learning of day care workers, shall be adopted by
the DepEd, CHED, and TESDA for possible accreditation into formal academic or
training units.

Section 10, Support from Non-Government Organizations (NGOs) - Non-
government organizations or private volunteer organizations area hereby encouraged to
assist or support the government in the implementation of programs and projects for day
care workers. As such, all day care centers are allowed to accept or support from NGOs.

Section 11, 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 government.

Section 12, 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 officer may require day care workers to render services beyond their
required working hours during emergency situations such as natural and man-made
calamities.

Section 13. Implementing Rules and Regulations. The DSWD, ECCDC, and
Department of their 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
effectivi



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Section 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) daycare worker per center in the
fourth, fifth and sixth class municipalities. A portion of the contribution of Philippine
Amusement and Gaming Corporation (PAGCOR) as provided under R.A. 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

Section 15, Penal Provision, ~ Any person who violates any provision of this
Act shall be punished with a fine of not less than Five thousand pesos (P5,000.00) or
imprisonment of not less than one (1) month but not_ more than two (2) months, or both
at the discretion of the court.

If the offender is a public official, the offender shall, in addition to the penalties
stated above, be dismissed from government service and shall be perpetually disqualified
from assuming any public office.

Section 16. Separability Clause. ~ \f any provision of this Act or any part
thereof, is declared unconstitutional, the same shall not affect the validity and effecitivity
of the other provisions.

Section 17. Repealing Clause. - Republic Act No. 6972, otherwise known as
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.

Section 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,