REPUBLIC OF THE PHILIPPINES,
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1199

EXPLANATORY NOTE

This bill seeks to create and establish a magna carta for child
development workers (formerly day care workers) in the country. This bill
has already been approved by the House of Representatives on its 3"t and
final reading in the 17 Congress. It is now being filed to compensate at
the very least their sacrifices and underpaid status.

This bill will indubitably protect and promote the welfare and
economic well-being of child development workers who bear the task of
educating our children ages 4 years and below before they formally enter
pre-school education. For many years, child development workers were
contended with the honoraria given by their respective barangay and
municipal officials. Despite of the big discrepancy between their
honoraria and the salaries given to public school teaching positions, the
child development workers continue to perform and assume roles as
teachers with commendable smiles lined in their faces.

It is high time to compensate the love and sacrifices of our child
development workers. It is high time to recognize their immeasurable
contributions to national development. It is high time to professionalize
our child development workers with standards befitting them.

In view of the foregoing, the approval of this bill is earnestly urged.

J. Nh

MARL’ ,. PRIMICIAS-AGABAS


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

1199

HOUSE BILL NO.

Introduced by Representative MARLYN L. PRIMICIAS-AGABAS

AN ACT
INSTITUTING THE MAGNA CARTA OF DAY CARE WORKERS AND PROVIDING
FUNDS THEREFOR

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 of Day

Care Workers”.

SEC. 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.

SEC. 3. Coverage. ~ This Act covers all day care workers, also referred toas
child development workers in Republic Act. No.10410, otherwise known as the
“Early Years Act (EYA) of 2013",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 daycare centers

SEC. 4. Plantilla Positions and Security of Tenure in Daycare Centers. -At least

‘one (1) Day Care Worker | and one (1) Daycare Worker II plantilla positions shall


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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 shall be
removed or transferred from office without just cause, due process, or prior

consultation with the concerned daycare worker.

SEC. 5. Creation of Special Personne! Selection Board. A Special Personnel
Selection Board (SPSB) for day care worker Position shall be created to screen
candidates and create a pool often (10) qualified applicants for appointment to
the subject positions. The SPSB shall be composed of the local social welfare
and development officer as chairpersons, and the punning barangay, local health
officer, human resource management officer, and local government unit (LGU)

first level employees’ representative as members.

SEC. 6. Recruitment and Selection. - Upon publication and posting by the local
Human Resource Management Office (HRMO)of vacant permanent day care
worker positions in particular daycare centers, all qualified applicants shall submit
their application together with complete requirements to the Punong Barangay
who shall forthwith transmit the same to the HRMO 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.

The local chief executive, as the appointing authority, shall exercise sound
discretion in appointing, from the SPSB-recommended pool, a day care worker in

a particular day care center.

SEC. 7. Qualifications, Positions and Salary Grade. - A daycare worker
possessing the following qualifications shall be hired to the position of

(a) Day Care Worker |, with Salary Grade 6, must possess the following

qualifications:


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(b)

(1) Must be legal age;
(2) Must have completed at least two (2) years of college education;

(3) Must be certified by the Department of Social Welfare and
Development (OSWD) or DSWD-deputized entities to have
complied with existing requisites and trainings in early childhood
care and development

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

(5) Must not have a pending case in relation to Republic ActNo.7610,
otherwise known as the “Special Protection of Children Against
Child Abuse, Exploitation and Discrimination Act”

Day care workers legitimately serving as such upon the
passage of this Act who are above seventeen (17) years old but
below eighteen (18) years old, shall continue to serve as such and
are qualified to be covered under this Act: Provided, That their
retention had been recommended by their direct supervisor.

Day care workers who have no collage education upon the
effectivity of this Act shall be given two (2) years within which to
complete equivalent training to be able to continue in the service, in
accordance with Section 12 of this Act. The necessary training
courses shall be prescribed by the DSWD

A Day Care Worker Il, with Salary Grade 8, must possess the same
qualifications mentioned in paragraph (a)of this section including five
years of working experience and at least twelve (12) hours of relevant

training

Qualifications and exceptions applicable to this section shall be
subject to conditions imposed by the Civil Service Commission(CSC).


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SEC. 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 local social welfare and development officer (LSWDO) may require day care
workers to render services beyond their required working hours during
emergency situations such as natural and man-made calamities.

SEC. 9. 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 the government.

SEC. 10. Additional Compensation and Allowances. ~ Day care workers shail be

provided with the following additional compensation, whenever applicable:

(a) Overtime pay — for services rendered beyond the required working hours
as prescribed in Section 8 hereof:

(b) Hazard allowance — for being exposed to situations, conditions, or factors
in the workplace which endanger the workers ‘health or life, or increase
the danger or risk thereto. Such risk or danger shall be determined by the

local Sangguniang Barangay concemed; and

(c) Subsistence allowance — for meals taken in the course of their duty within
the premises of isolated day care centers, the amount of which shall be
computed in accordance with prevailing circumstances as determined by
the local Sangguniang Barangay concerned

SEC. 11. Other Benefits and Privileges. ~ Day care workers shall be entitled to
the following additional benefits and privileges:

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

city


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(b) 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.

(c) Free Medical Examination and Treatment. — 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 without cost in government hospitals.

(d) Access to Livelihood, Loans, Grants, and Skills enhancement. The DSWD.
and the LGUs, in coordination with other concerned government agencies,
shall provide organized daycare workers with a mechanism for accessing

livelihood, loans, grants, and skills enhancement services.

(e) 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 matemity/paternity, sick, and vacation
leaves as provided for by existing laws

SEC. 12. Training, Education and Skills Enhancement. The DSWD, in
coordination with the Department of Education (DepED), Commission on Higher
Education (CHED), and 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.

The DepED, CHED, and TESDA shall adopt an equivalency system of
education that shall recognize and duly credit the actual work experiences and

prior learning of day care workers as formal academic or training units.

SEC. 13. Support from Non-government Organizations(NGOs).Nongovernment
organizations or private volunteer organizations are hereby encouraged to assist
or support the government in the implementation of programs and projects for


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daycare workers. Pursuant thereto, all day care centers may accept such

assistance or support from NGOs.

SEC.14. Appropriation. - 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) day care
worker per center in the fourth, fifth, and sixth class municipalities. A portion of
the contribution of the Philippine Amusement and — Gaming
Corporation(PAGCOR) as provided under Republic Act. 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.

SEC. 15. Implementing Rules and Regulations. - The DSWD,ECCDC, and
Department of the 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 Acts within six

(6)months from its effectivity.

SEC. 16. Separability Clause. — If any provision of this Actor any part is hereof is
declared unconstitutional, the same shall not affect the validity and effectivity of

the other provisions.

SEC. 17. Repealing Clause. — Republic Act No. 6972,otherwise known as the
“Barangay-level Total Development and Protection of Children Act” and all laws,
decrees, rules and regulations, and executive orders contrary to or inconsistent

with this Act are hereby repealed or modified accordingly.

SEC.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,