Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House BILL No. _5768

Introduced by HON. JOY MYRA S. TAMBUNTING

EXPLANATORY NOTE

Day care workers play an important role in the growth and development of a child. They are
responsible for the care and education of young children from age zero to four years. These years
are crucial since these form part of the child's formative years. It is at this stage wherein a child's
cognitive, social, emotional and physical development is at a boost.

Despite this vital role of day care workers in the growth and development of the children, day
care workers remain to be undercompensated and unable to enjoy benefits of regular employees.
A huge number of day care workers are working on either a job order status or a voluntary basis.

This current employment status of most day care workers abuses the willingness of day care
workers to work voluntarily and blatantly ignores their social and economic well-being. Moreover,
the State's seeming neglect of the day care workers’ welfare, hinders their professional
development which is otherwise provided to their counterparts in higher learning institutions.

In cognizance of the importance of the work of day care workers and their right to humane
working conditions and a living wage, this proposed measure seeks to improve their social and
economic well-being by mandating the grant tenure, benefits and other privileges as enjoyed by
other civil servants. This proposed measure shall mandate the creation of plantilla positions in all
day care centers nationwide.

This bill is based upon House Bill No. 6550 which was a product of concerted efforts of
representatives from the 17® Congress

On behalf of the people of Parafiaque City’s Second District, ae eer of the
Filipino people, the approval of the said measure is earnestly sought.

= RA S. TAMBUNTING,
District, Parafiaque City


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5768

Introduced by HON. JOY MYRA S. TAMBUNTING

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 u 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 to as 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
end 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.

SEC. 4. Plantilla Positions and Security of Tenure in Day Care Centers. - At least 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 shall be removed or transferred from office without just cause, due process, or
prior consultation with the concerned day care worker.

SEC. 5. Creation of Special Personnel Selection Board. — A Special Personnel Selection
Board (SPSB) for day care worker positions shall be created to screen candidates and create a
ool of ten (10) qualified applicants for possible appointment to the subject positions. The SPSB
shall be composed of the local social welfare and development officer as chairperson, and the
punong 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
day care 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 day care worker possessing the
following qualifications shall be hired to the position of:
(@) Day Care Worker I, with Salary Grade 6, must possess the following qualifications:

(1) Must be of 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 (DSWD) 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 judgement of any crime; and

(5) Must not have a pending case in relation to Republic Act No. 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 college 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.

(b) A Day Care Worker II, with Salary Grade 8, must possess the same qualifications
mentioned in paragraph (a) of this section including (5) 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).

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 shall be provided
with the following additional compensation, whenever applicable:

(@) 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 concerned; and

(©) 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:

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

(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.

(©) 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 created without cost in government
hospitals.

(A) 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.

(©) 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.

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 program 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 Nongovernment Organizations (NGOs). - Nongovernment
organizational or private volunteer organizations are hereby encouraged to assist or support the
government in the implementation of programs and projects for day care workers. Pursuant
thereto, all day care centers may accept such assistance or support from NGOs.


SEC. 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) 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 No. 10410, as well as additional funds generated from donations,
fees, and contributions collected by the ECCDC from whatever source shall also be set aside for
the purpose.

SEC. 16. Implementing Rules and Regulations. - The DSWD, ECDC, 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 Act within six (6) months from its effectivity.

SEC. 16. Separability Clause. — If any provision of this Act or any part 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 (16) days after its publication in the
Official Gazette or in a newspaper of general circulation.