HOUSE OF REP} NTATIVES

Republic of the Philippines

. HOUSE OF REPRESENTATIVES RECEIVED
Quezon City pare: _J4 JUL 2016
SY pw

SEVENTEENTH CONGRESS

First Regular Session

REGISTRATION UNIT.

BILLS AND INDEX SERVICE

HOUSE BILLNo.___ 903 __

Introduced by Representative Rosenda Ann Ocampo

EXPLANATORY NOTE

The quality of the citizens of any country depends largely on the kind of care and
attention they receive during childhood. Studies show that the first six (6) years of
childhood will determine what he will be as a youth and as an adult. For this reason, a
child should be given the opportunity to develop his or her cognitive, personal, social and
language skills at an early age.

The passage of Republic Act No. 6972 known as the “Barangay-Level Total
Development and Protection Act,” provided, among others, the establishment of a Day
Care Center in every barangay. However, with the advent of devolution, not all barangays
have day care centers.

Adversely affected, more than the day care workers, themselves, are the children
who are recipients of day care center service. As such, day care workers should also be
given compensation commensurate to their expertise and workload. Opportunities for self
development should Ge made available to them. Needless to say, we must not leave the
future of our children to chance. Let us secure their bright future by safeguarding the
economic and social development of our day care center workers.

In consideration thereof, early approval of this bill is highly recommended.

(A ANN OCAMPO!



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 953

Introduced by Representative Rosenda Ann Ocampo

AN ACT PROVIDING A MAGNA CARTA FOR DAY CARE WORKERS

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 “Magna Carta for Day
Care Workers”.

SEC. 2. Declaration of Policy.- It is hereby declared the policy of the State to
promote and improve the social and economic status of day care workers. Towards this
tnd, the state shall adopt policies that will protect the rights of the day care workers and
promote their welfare

SEC. 3. Coverage.- This Act shall cover all persons engaged in providing early
childhood care development in government-sponsored day care centers. The day care
Workers” primary responsibility is to assist in the care of the children and provide
consultative services for the social, education and other needs of the children.

Chapter 2
RECRUITMENT AND QUALIFICATION

SEC. 4. Qualifications.- A day care worker must be of legal age, must possess @
career sub-professional eligibility and must have sufficient training in early childhood care
and development. Provided, however, that an incumbent day care worker who has been
serving for the last five (5) years upon approval of this Act who does not meet the
prescribed educational qualifications shall be required to undergo the day care worker
training course provided by the Department of Social Welfare and Development (DSWP)
within one (1) year after the effectivity of this Act



SEC. 5. Recruitment.- A qualified day care worker shall file his/her application
with the local government unit concemed. Under no circumstances shall a day care worker
be discriminated against on the basis of gender, religion, age, status, race and/or political
affiliation,

Chapter 3
REMUNERATION AND WORKING CONDITIONS

SEC. 6. Salary.- A day care worker shall receive a salary based on the following
guidelines:

Level 1. - From High School Level to below Second Year College length of service of at
least five (5) years shall receive a salary equivalent to grade 6;

Level 2. — From Second Year College level shall receive a salary equivalent to grade 8;
Level 3. - College graduate level shall receive salary equivalent to grade 10;

SEC. 7. Working Hours.- A day care worker is required to render eight (8)
working hours of work a day or forty (40) hours a week; Provided, that the municipal
social worker officer may require a day care worker to render services beyond his/her
required working hours

SEC. 8, Additional Compensation and Allowance.- Day care workers shall be
provided with additional compensation for services rendered beyond the required working
hours per day or a total of 40 hours per week

SEC. 9. Special Hardship Allowance.- At such rates as may be determined by the
local government unit concerned, day care workers shall be entitled to a special hardship
allowance depending on the hazards/risks faced at the place of assignment.

SEC. 10. Married Day Care Workers.- Whenever possible, married couples who
are both day care workers shall be assigned in the same municipality or city.

SEC. 11. Transfer and Tenure of Office.- No day care worker shall be transferred
from one center to another without his/her prior knowledge and consent. As provided
under existing law, no day care worker shall be dismissed from work without due cause.


Chapter 4
OTHER BENEFITS
SEC. 12. Leave and Benefits. As provided under the existing laws, a day care
worker is entitled to maternity and/or paternity, sick and vacation leave. Day care workers
with outstanding performance rating can avail of a study leave.

SEC. 13. Free Medical Examination and Treatment.- Pre-employment and annual
medical examination shall be provided by the government hospitals free of charge, to all
day care workers. Day care workers suffering from work-related ailments shall be treated
free of charge in government hospitals

SEC. 14, Insurance and Retirement Benefits.- Qualified day care workers shall
automatically become members of the Government Service Insurance System (GSIS). Day
care workers who have rendered the age service requirement of the applicable retirement
laws, shall be given a one-step salary grade upon retirement which shall be the basis of the
computation for retirement pay and benefits

Chapter 5
ORGANIZATION OF THE DAY CARE WORKERS

SEC. 18. Freedom to Organize.- Day care workers shall have the freedom to
organize themselves without prior consultation with the local government units to which
they are assigned. The different organization of day care workers shall be consulted in the
formulation of national policies and programs that will affect them, Under no
circumstances shall any day care worker be dismissed on the basis of his/her membership
in any organization of day care workers.
Chapter 6
FINAL PROVISIONS

SEC. 16, Code of Conduct for Day Care Workers.- Within six (6) months upon the
approval of this Act, the DSWD 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.

SEC. 17. Support from Non-Governmental Organization.- Non-governmental
organizations or private volunteer organizations are hereby encouraged to assist the
‘government in the implementation of programs and projects for day care workers,

SEC. 18. Rules and Regulations.- The Department of Interior and Local
Government (DILG), the DSWD, in consultation with the Civil Service Commission
(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 after
its effectivity


SEC. 19. Appropriations.- Salaries and other benefits for the day care workers
shall be charged to the local government unit concemed. Training needs of day care
workers shall be charged to the annual appropriations of the DSWD.

SEC. 20. Penal Provisions.- Any person who violates this Act shall be punished
with a fine of not less than Five Thousand (PhpS,000.00) and/or imprisonment of not less
than two (2) months but not more than one (1) year, or both, at the discretion of the court.
If the offender is a public official, he/she shall, in addition to the penalties stated above, be
dismissed from the government service.

SEC. 21. Separability Clause.- If any provision of this Act shall be held
unconstitutional, or invalid, the other parts or provisions thereof, which are not affected

thereby, shall continue to be in full force and effect.

SEC, 22. Repealing Clause.- All laws, executive orders, rules and regulations
inconsistent with or contrary to this Act are hereby repealed or modified accordingly.

SEC. 23. Effectively Clause.- This Act shall take effect fifteen (15) days after its
publications in any two (2) newspapers of general circulation,

Approved,