HOUSE "F REPRESENTATIVES

Republic of the Philippines
HOUSE OF REPRESENTAT! RECEIVED
Quezon City
DATE: iy pose

SEVENTEENTH CONGRESS “TIME: .
First Regular Session 77
BY:
REGISTRATION UNIT

HOUSE BILL NO. 440
BILLS AND INDEX

a |
VICE |

Introduced by HONORABLE ROMERO “MIRO” S. QUIMBO

EXPLANATORY NOTE

In accordance with the mandate of the Constitution for the State to
recognize the vital role of children and youth in nation-building and promote
and protect their physical and moral, spiritual, intellectual and social well-
being, our government has adopted the early childhood development approach
and the barangay-level total development strategy.

Under these approaches, Day Care Centers and Early Childhood
Development Centers are to be established in all barangays to provide children
aged up to six (6) years old the adequate care, nurturing and protection, At the
forefront of these efforts are the Day Care Workers.

It is unfortunate that despite the critical role played by Day Care
Workers, there is little protection afforded to them by our existing laws. The
economic well-being and professional development of Day Care Centers are also
afforded little to nil attention.

This bill seeks to promote and improve the well-being and economic
welfare of Day Care Workers who provide early education and social
development services to our nation’s children. It also opens up greater
opportunities for professional development. ‘The bill also insulates Day Care
Workers from unnecessary political interferences and abuses by ensuring that
Day Care Workers enjoy security of tenure.

In return for ensuring that our nation’s children are provided the best
services, we must also ensure that our Day Care Workers are provided
sufficient compensation and accorded avenues for professionalization. _*.

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

ROMERO “MJRO” S. QUIMBO
Repregentative
Second District Marikina City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

440

HOUSE BILL NO.

Introduced by HONORABLE ROMERO “MIRO” S. QUIMBO

AN ACT
ESTABLISHING A MAGNA CARTA FOR DAY CARE WORKERS,
PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1, Title. - This Act shall be known as the “Magna Carta for
Day Care Worke:

SECTION 2. Declaration of Policy. - The State recognizes the vital
role of children and youth in nation-building and shall promote and protect
their physical and moral, spiritual, intellectual and social well-being. Day
care workers are at the forefront of the State’s effort in ensuring that our
nation’s children are provided adequate care, protection and education. It is
therefore the declared policy to promote and improve the social well-being
and economic welfare of day care workers who provide early education and
social development services to children. Towards this end, the State shall
adopt policies that will protect the rights and enhance the dignity of day
care workers.

SECTION 3. Coverage. - This Act shall cover all persons directly and
primarily engaged in providing Early Childhood Care and Development
Services in government-owned or controlled day care centers. Covered
persons must directly assist in the care of children in said centers and
provide social development, education and other related needs of the
children in their respective centers.

SECTION 4. Qualification. - A Day Care worker must possess the
following qualifications:

a. Must be of legal age;


b. Must be certified by the DSWD or DWSD-deputized entities as
having received adequate training in early childhood care and
development;

c, Must have no pending case in court involving violations of Republic

Act No, 7610;

Must not have been convicted of any crime; and

, Must at least have a civil service sub-professional eligibility or
possesses a ground for exemption from taking the civil service
examination, including but not limited to passing a professional
licensure examination.

f

All day care workers rendering service as such at the time this Act
was passed shall be given up to eighteen months to comply with
requirements “b” and “e”.

Day care workers who have served at least five (5) years as day care
workers prior to the passage of this Act shall be exempted from requirement
“e” pertaining to the requisite civil service eligibility.

Day care workers legitimately serving as such upon the passage of
this Act who are aged above seventeen (17) years old but below eighteen (18)
years old may continue serving as such and qualified to be covered under
this Act, PROVIDED that they will turn eighteen (18) years old within one
year from the passage of this Act and there is a recommendation from the
direct supervisor of the minor-aged day care worker that said day care
worker should be retained.

SECTION 5. Recruitment. - A qualified person shall file the
application to be a Day Care Worker with the appropriate local government
unit or agency operating the day care center. Discrimination against any
applicant due to the applicant's sex, religion, economic status, race or
political affiliation is prohibited.

SECTION 6. Salary. - Day care workers covered by this Act shall
receive a salary equivalent to Salary Grade 10 of the civil service.

SECTION 7. Working Hours. - The regular working hours of Day
Care Workers shall not be more than eight hours a day or a total of forty
(40) hours a week. Day Care Workers may be required to render overtime
services during emergency situations.

SECTION 8. Additional Compensation and Allowances. - Day Care
Workers shall be provided the following additional compensation subject to
the guidelines provided:

a, Overtime Pay ~ for work rendered beyond the regular working
hours;


b. Hazard Pay - for Day Care Workers whose place of assignment or
conditions of work poses danger to the life or health of the Day
Care Worker;

c. Subsistence Allowance ~ for Day Care Workers whose place of
assignment are in isolated barangays which require long periods of
travel on the part of the Day Care Worker.

The DSWD shall provide the guidelines for the grant of the
abovementioned additional compensation and allowances.

Nothing in this Act shall bar the grant of additional allowances and
benefits to Day Care Workers.

SECTION 9. Married Day Care Workers. - Married couples who are
both Day Care Workers shall, as a matter of policy, be assigned in the same
city or municipality, preferably at adjoining barangays, as much as possible
and practicable.

SECTION 10. Tenure and Transfer. - No Day Care Worker shall be
removed from office without just cause and due process. No Day Care
Worker shall be transferred without just cause and without consulting and
giving prior knowledge to the concerned Day Care Worker.

SECTION 11. Leave Benefits. - Day Care Workers shall enjoy all
leave benefits granted to government employees which shall include but
shall not be limited to maternity leaves, paternity leaves, sick leaves,
vacation leaves and solo parent leaves subject to existing laws, rules,
regulations and guidelines.

SECTIO 12. Free Medical Examination and Treatment. - Pre-
employment and 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 free of charge
in government hospitals,

SECTION 13. Insurance and Retirement Benefits. - Day Care
Workers shall automatically become members of the Government Service
Insurance System (GSIS). Day Care Workers shall also be immediately
enrolled under the Philippine Health Insurance Program of the Philippine
Health Insurance Corporation.

Day Care Workers, having fulfilled the age service requirements of the
applicable retirement laws, shall be given a one-step salary grade increase
upon retirement which shall be the basis of computation of retirement pay
and other retirement benefits.

SECTION 14, Freedom to Organize. - Day Care Workers shall have
the freedom to organize themselves without prior communications with the

3


local government units to which they are assigned. Organizations of Day
Care Workers shall be consulted in the formulation of national policies and
programs that concerns, affects or will benefit the sector. Under no
circumstances shall any Day Care Worker be dismissed on the basis of
his/her membership in any organization of Day Care Workers.

SECTION 15. Code of Conduct for Day Care Workers. -Within six
(6) months upon 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 a
copy of the Code at the government’s expense.

SECTION 16. 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 of
continuing education and skills, training and knowledge enhancement
programs for Day Care Workers.

A ladderized system of education which shall provide for the
recognition of the actual work experiences of Day Care Workers and
accrediting them into formal academic and/or training units shall be
adopted by the DepEd, CHED and TESDA.

SECTION 17. Support from Non-Government Organizations. -—
Non-government organizations or private volunteer organizations are
encouraged to assist the government in the implementation of programs and
projects for Day Care Workers.

SECTION 18. Implementing Rules and Regulations. - The
Department of Interior and Local Government (DILG) and the Department of
Social Welfare and Development (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 off his Act within six (6) months of its effectivity.

SECTION 19. Appropriations. - Salaries and benefits of Day Care
Workers shall be charged to the local government units concerned. Training
needs of Day Care Workers shall be charged to the annual appropriations of
the DSWD.

SECTION 20. Penal Provisions. - Any person who violates the
provisions of this Act shall be punished with a fine of not less than Five
Thousand Pesos (P5,000.00) and/or imprisonment of not less than two (2)
months but not more than one (I), or both at the discretion of the Court.

If the offender is a public official, he/she shall be dismissed from
government service in addition to the penalties above stated.


SECTION 21. Separability Clause. — Should any provision of this Act
be found to be unconstitutional or invalid, the remaining provisions shall
remain valid and subsisting.

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

SECTION 23. Effectivity.- This Act shall take effect fifteen (15) days

after its publication in the Official Gazette or in any newspaper of general
circulation.

Approved,