Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 475

Introduced by

REP. ARLENE D. BROSAS (Gabriela Women’s Party),
REP, FRANCE L. CASTRO (ACT Teachers Partylist), REP. SARAH JANE |, ELAGO (Kabataan Partylist),
REPS. EUFEMIA C. CULLAMAT, CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE (Bayan Muna)

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 itis
important that they are given proper care and nutrition,

To address this, the Early Childhood Care and Development (ECD) 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 frst teachers, the ECCD Act
institutionalized a full range of health, nutrition and educational programs that help provide for the basic needs of young
children,

Atthe forefront of the ECCD are our day care workers, most of which are deprived of ust compensation and benefits. Under
Republic Act No. 6972 which established 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 Wetfare and Development (DSWD). This is amid the fact that most of them are doing work comparable to their private
sohool 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 DSWD. 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 litle contribution is a big help. Parents are able to eam
a living for their family while dedicated day care workers tend to the needs of their children.

For most day care workers, caring forthe children of the poor has become a vocation. But the govemment should not abuse
their wilingness to work as volunteers. It isnot 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 ight ofthe insttuionalization of the ECCD, should finally make day care workers regular government
employees.

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.


In view of the foregoing, the passage of ths billis eamestly sought

SARAA JANE |, ELAGO
KqbataahPartylist

te
euptiin CULLAMAT INAND R. BAITE Anh aso
Bayan Muna Partylist

Bayan Muna Partylist Bayan Muna Partylist


Republic ofthe Philippines
HOUSE OF REPRESENTATIVES
Constitution Hils, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILLNO._ 479

Introduced by
REP. ARLENE D. BROSAS (Gabriela Women's Party),
REP. FRANCE L. CASTRO (ACT Teachers Partylist), REP. SARAH JANE |, ELAGO (Kabataan Partylist),
REPS. EUFEMIA C. CULLAMAT, CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE (Bayan Muna)

ANACT
PROVIDING FOR SECURITY OF TENURE, STANDARDIZED SALARY
AND OTHER BENEFITS 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”,

Section 2. Declaration of Policy. itis the State's responsibilty 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 concem and responsibilty to provide adequate remuneration for day
Care workers to enhance their general welfare with the end view of flfling 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 al government:
‘un 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 purpose of this Act, the following terms shall mean:

a. Early Childhood 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;

bb. Day care centers — public, private or non-profit centers providing ECCD services pursuant to Republic Act No
8980 or The ECCD Act;

Section 5. Security of Tenure. Qualified day care workers are hereby granted tenure inthe city or municipality they are
serving. Incumbent day care workers not meeting the requirements, specifically training in ECD, shall not be disqualified
but wll be required to finish a day care worker training course provided by the DSWD within one (1) year from the effectivity
ofthis Act.

Regular day care workers shall not be terminated except for cause provided by law and after due process:

Provided, that ita day care worker is found by the Civil Service Commission to be unjustly dismissed from work, the day

3


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 govemment-run but corporate-sponsored day care centers, as well as non-stock, non-profit day care centers
tun by volunteers, people's organizations, associations, non-government organizations, the government will augment the
salaries of daycare teachers as needed,

Section 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 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, whichever is applicable, to be able to avail of retirement, disability, funeral and other
benefits;

c. Hazard allowance - Day care workers both in urban and rural places, exposed to situations and conditions
with foreseeable but unavoidable danger or risks such as strife-tom 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 public health worker may be required to
render service beyond the normal eight (8) hours a day. In such case, the workers shall be paid an addtional
compensation in accordance with existing laws and prevailing practices;

e. 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 politially-motivated or work-related harassment, the goverment wil provide
fee legal assistance to fay 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 11. 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 goverment is inadequate, it is the LGUs
responsibilty to pay for necessary utlties required to operate the day care center.

Section 13, Training, Education and Career Enhancement. The DSWO, in coordination with the Department of Education
and other concerned government agencies and non-government organizations, shall organize free training and educational
programs as well as provide opportunities for scholarship 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 this Act shall be included in the annual General
Appropriations Act. Training costs shall be appropriated under the DSWD.

Section 16. Penal Provisions. Any person shall willfully interfere with, restrain or coerce any day care worker in the exercise
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. All laws, decrees, letters of instructions, resolutions, orders, ordinances or 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 the Official Gazette or in a
newspaper of general circulation

Approved,