Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session

House Bill No._#608

Introduced by Representative Eduardo Roa Rama Jr.

EXPLANATORY NOTE

‘With the undaunting presence of the COVID-19 virus for the last two years, dealing
with seemingly endless and unforescen struggles has taken a toll on majority, if not all,
Filipinos. Aside from economic and social sentiments, the people's clamor for better health
care services from both public and private health care institutions is at its highest.

What most fail to realize, however, is that health care institutions are only as good as the
health workers comprising them. Health workers play a vital role in setting the standard and
quality of health care for the general population. In fact, the 59th World Health Assembly
recognized the “centrality of human resources for health for the effective operation of
country health systems” and called for the use of innovative strategies to maximize health
professionals’ contributions.

‘The Philippine government has taken strides to instill the importance of health workers’
roles in effectively carrying out health programs and projects through laws and issuances
such as the Magna Carta of Public Health Workers. In July 2020, the Department of Budget
and Management issued Budget Circular 2020-4, increasing the salary of entry-level nurses
from about PhP22,316 - PhP24,391 to PhP32,053 - PhP34,801. While commendable, this
has unduly created disparity of benefits and privileges between public health workers and
private health workers. More so, these are but meager amounts compared to the salaries
received by their ASEAN counterparts.

‘This Bill, the “Magna Carta of Private Health Workers”, strives to level the playing
field between public and private health workers, and aims to afford them with the benefits
and safeguards they deserve. While it will substantially mirror the Magna Carta of Public
Health Workers, this Bill secks to implement a minimum wage rate for nurses and other
health workers, subject to the increases deemed appropriate by a tripartite body.

This Bill will not only serve’as a concrete legal foundation for private health workers’
financial security, but also as 2 memento signifying a nod to the warriors positioned at the
frontlines of this global pandemic.

Support for the enactment of this measure is eamestly

EDUARDO ROA RAMA, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session

House Bill No._4609 _

Introduced by Representative Eduardo Roa Rama Jr.

AN ACT CREATING MAGNA CARTA FOR PRIVATE HEALTH
‘WORKERS AND PROVIDING FUNDS THEREFOR

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

SEC. 1. Title. This Act shall be known as the “Magna Carta of Private Health
Workers.”

SEC. 2. Declaration of the Policy. ‘The State shall instill health consciousness among our
people to effectively carry out the health programs and projects to the government essential
for the growth and health of the nation. Towards this end, this Act aims:

(@ to promote and improve the social and economic well-being of the health
workers, their living and working conditions and terms of employment;

(b) to develop their skills and capabilities in order that they will be more
responsive and better equipped to deliver health goods, services and
programs.

SEC. 3. Definition. For purposes of this Act, “private health workers” shall mean all
persons who are engaged in health and health-related work, and all persons employed in
private health care institutions such as hospitals, health infirmaries, health centers, clinics
and other health-related establishments, regardless of their employment status.

SEC. 4. Recruitment and Qualification. Recruitment policy and minimum requirements
with respect to the selection and appointment ofa private health worker shall be developed
by the concemed employer in accordance with policies and standards of the Department
of Labor and Employment (DOLE); Provided, that in the absence of appropriate eligible
and it becomes necessary for the public interest to fill a vacancy, a probationary period of
three (3) months shall be issued to the person who meets the partial requirement for the
position which he/she is being engaged.

SEC. 5. Transfer or Geographical Reassignment of Private Health Workers.

(@) _ a“transfer” is a movement from one position to another which is of
equivalent rank, level or salary without break in service;


(b) a “geographical reassignment”, hereinafter referred to as “reassignment,” is
a movement from one geographical location to another; and

(©) a private health worker shall not be transferred and/or reassigned, except

when made in the interest of public service, in which case, the employee
concerned shall be informed of the reasons therefore in writing,
If the private health worker believes that there is no justification for the
transfer and/or reassignment, he/she may appeal his/her case to the DOLI
which shall cause his/her reassignment to be held in abeyance; Provided,
further, that the necessary expenses of the transfer and/or reassignment and
that his/her immediate family shall be paid for the employer.

SEC. 6. Married Health Workers. ‘To an extent that is reasonable with the prevailing
working conditions of the private health care institution, the proper authorities shall take
steps to enable married couples, both of whom are private health workers, to be employed
or assigned in the same unit, section, department, or division of the private health care
institution. Provided, that the same shall take primordial consideration to employment
status and the non-disruption of health care services.

SEC. 7. Right to Security of Tenure. All private health workers shall enjoy security of
tenure in their employment as provided by law. Their services shall not be terminated
except for just or authorized causes pursuant to the provisions of the Labor Code, as
renumbered, and subject to the requirements of due process; Provided, that if a private
health worker is found by the DOLE to be unjustly dismissed from work, he/she shall be
entitled to reinstatement without loss of seniority rights and his/her back wages, with
twelve percent (12%) interest, from the time his/her compensation was withheld up to
time of actual reinstatement.

SEC. 8, Nature of Employment. When the employer contracts or subcontracts the
performance of a work that is necessary or desirable to the hospital or health facility, the
worker or workers supplied by a third person or party under this paragraph shall be
considered regular employees or employees of the principal employer.

Project-based employees are considered regular employees for the duration of the project.
For this purpose, Project-based employment refers to employment in an existing project
or undertaking, the nature of which is temporary and the completion or termination has
been determined and made known to the employee at the time of the engagement.

SEC. 9. Discrimination Prohibited. A private health worker shall not be discriminated
against with regard to age, gender, gender identity, civil status, qualified person with
disability, creed, religious or political beliefs and ethnic groupings in the exercise of
his/her profession.

SEC. 10, No Understaffing/ Overloading of Health Staff. There shall be no
understaffing or overloading of private health workers. The ratio of health staff to patient
load shall be such as to reasonably effect a sustained delivery of quality health care at all
times without overworking the private health worker and over extending his/her duty and
service. Health students, trainees and apprentices shall be allowed only for purposes of
training and education and shall not be allowed to perform the tasks beyond their academic
and practical curriculum.


In line with the above policy, substitute officers or employees shall be provided in place of
officers or employees who are on leave for over three (3) months.

‘The DOLE, upon consultation and in coordination with the Department of Health (DOH)
as well as professional and health workers’ organizations or unions, shall define the
parameters determinative of the existence of understaffing/overloading through the
implementing rules and regulations of this Act.

SEC. 11. Administrative Charges. Insofar as consistent with the provisions of the Labor
Code, administrative charges against a private health worker are encouraged to be heard
bya committee composed of an Ethics and/or Grievance Committee, union representative
where the private health worker belongs, a representative of any existing employees’
association or union and/or representative of a national or provincial health workers’
organization. The committee shall submit its findings and recommendations to the
concerned administrative body within thirty (30) days from the termination of the hearings.

SEC. 12, Duties and Obligations. ‘The private health workers shall:
(@ discharge his/her duty humanely with conscience and dignity;

(b) perform his/her duty with utmost respect for life, race, gender, religion,
nationality, party policies, social standing or capacity to pay.

SEC. 13. Code of Conduct. Within six (6) months from the approval of this Act, the
Secretary of Labor and Employment, upon consultation with other appropsiate agencies,
professional and health workers’ organization, shall formulate and prepare a Code of
Conduct for Private Health Workers, which shall be disseminated in the Official Gazette,
in all private health care institutions, and as well as all private and public medical programs.

SEC. 14. Regular Hours of Work. The regular hours of work of any private health worker
shall not exceed eight (8) hours a day, for five (5) days a week, or a total of forty (40) hours
week, exclusive of time for meals. Hours worked shall include:

(@ all the time during which a private health worker is required to be on active
duty of to be at a prescribed workplace;

(b) all the time during which a private health worker is suffered or permitted to
work;

(© all the time during which a private health worker is suffered or permitted to
work; Provided, that the time when the private health worker is placed on
"On Call" status shall not be considered as hours worked but shall entitle the
private health worker to an "On Call" pay equivalent to one hundred percent
(100%) of his/her regular wage.

"On Call" status refers to a condition when private health workers are called upon to
respond to urgent or immediate need for health or medical assistance or relief work during
emergencies such that he/she cannot devote the time for his/her own purpose.

SEC. 15. Overtime Work. Where the exigencies of the service so require (such as force
majeure, national threat or loss of life), any private health worker may be required to render
service beyond the normal cight (8) hours a day, or on a rest day. In such a case, the workers


shall be paid an additional compensation in accordance with existing laws and relevant
issuances.

SEC. 16. Work During Rest Day.

(@) Where a private health worker is made to work on his/her schedule rest day,
he/she shall be paid an additional compensation in accordance with existing
laws; and

(©) Where a private health worker is made to work on any special holiday, he/she
shall be paid an additional compensation in accordance with existing laws.
Where such holiday work falls on the workers’ scheduled rest day, he/she
shall be entitled to an additional compensation as may be provided by
existing laws.

SEC. 17. Minimum Wages. A minimum wage to be established under this Act for private
health workers shall be that which is as adequate as is economically feasible to maintain the
minimum standard of living necessary for the health, efficiency, effectiveness and general
well-being of health workers in private health institutions, and must also take into
consideration the particular circumstances of their government counterparts.

‘Thus, without prejudice to existing benefits and provisions of compensation under
applicable governing laws and issuances, the wages of private health workers for all actual
work hours and days shall not be lower than thicty-five thousand pesos (PhP35,000.00)
entry salary for nurses and Kight Hundred Fifty Pesos (PhP850.00) per day for other health
workers multiplied by twenty-two (22) days for a monthly salary.

Wages shall be paid at least once every two (2) weeks or twice a month at intervals not
exceeding sixteen (16) days. Additionally, private health workers who are receiving salaries
higher than the minimum wage hercin set forth, shall be adjusted and increased
accordingly.

‘The minimum wages of private health workers shall be increased in increments deemed
appropriate by the Regional Tripartite Wages and Productivity Board (RTWPB) and
pursuant to the rules and regulations implementing this Act.

SEC. 18, Benefits. Private health workers shall be entitled to all the benefits provided
under the Labor Code, Magna Carta of Public Health Workers or Republic Act No. 7305,
and other relevant laws, government announcements, rules, or regulations, including, but
not limited to, overtime pay, night-shift differential, on-call pay, hazard pay, longevity pay,
subsistence allowance, special risk allowance, housing allowance, laundry allowance, tax
holidays, remote assistance allowance, cash gifts, free annual physical examination, and free
hospitalization.

SEC. 19. Hazard Pay. All private health care institutions shall grant hazard pay to
personnel who physically report for work during the implementation of a community
‘quarantine, regardless of alert level, or those who, by nature of their work, are subjected to
health hazards or occupational risks, regardless of their degree of exposure to the same.


Private health workers shall be entitled to a monthly hazard pay of at least ‘Ten Thousand
Pesos (PhP10,000.00), without prejudice to an increase of such amount depending on
existing exigencies or nature of work.

SEC. 20, Right to Self-Organization. All private health workers have the basic right to
self-organize or form an employees union. Private health workers shall have the right to
freely form, join or organize all forms of actions including the right to strike and other
peaceful concerted activities in order to defend and protect their basic rights and welfare,
and to obtain redress of their grievances.

SEC. 21. Freedom from Interference or Coercion. It shall be unlawful for any person
to commit any of the following acts of interference or coerci

(@ to require as a condition of employment that a private health worker shall
not join a health workers’ organization or union or shall relinquish
membership therein;

(b) to discriminate in regard to hiring or tenure of employment or any item or
condition of employment in order to encourage or discourage membership
in any health workers’ organization or union;

(© to prevent a health worker from carrying out duties laid upon him/her by
his/her position in the organization or union, or to penalize him/her for the
action undertaken in such capacit

(@ to hamess or interfere with the discharge of the functions of the health
worker when these are calculated to intimidate or to prevent the performance
of his/her duties and responsibilities; and

(© to require membership to any professional association as a mandatory
requirement for employment;

(to otherwise interfere in the establishment, functioning, or administration of
health workers organization or unions through acts designed to place such
organization or union under the control of government authority;

(@ to harass or bully a health worker at the workplace at any time and
circumstance.

SEC. 22. Consultation With Health Worker’s Organization, In the formulation of
national policies governing the social security of private health workers, professional and
health workers, organizations or unions as well as other appropriate government agencies
concerned shall be consulted by the Secretary of Labor and Employment. For this purpose,
a Tripartite Council for national, regional, and other appropriate levels shall be established
and operationalized.

SEC. 23. Health Human Resource Development or Management Study. The
Department of Labor and Employment shall conduct a periodic health human resource
development or management study into, among others, the following arcas:

(@) adequacy of facilities and supplies to render quality health care to patients
and other client population;


(©) opportunity for health workers to grow and develop their potentials and
experience a sense of worth and dignity in their work.

‘The employer must ensure career opportunity for health workers to grow
and develop their potentials and experience a sense of worth and dignity in
their work. Private health workers who undertake post-graduate studies in a
degree course shall be entitled to an upgrading in their position or raise in
pay: Provided, that it shall not be more than every two (2) years;

(©) free legal assistance to health workers who have work-related legal case and
provision for mechanisms for democratic consultation in private health
institutions;

(@ staffing patterns and standard or health care to ensure that the people
receivequality care. Existing recommendations on staffing and standards of
health care shall be immediately and strictly enforced;

(© ways and means of enabling the rank-and-file workers to avail of education
opportunities for personal growth and development;

(© Upgrading of working conditions, reclassification positions and salasies of
private health workers to correct disparity vis-a-vis other professions such
that positions requiring longer study to upgrade and given corresponding pay
scale; and

(® assessment of the national policy on exportation of skilled health human
resource to focus on how these resources could instead be utilized
productivity for the country’s needs.

SEC. 24, Rules and Regulations. The Secretary of Labor and Employment after
consultation with appropriate agencies of the Government as well as professional and
health workers’ organizations or unions, shall formulate and prepare the necessary rules
and regulations to implement the provisions of this Act. Rules and regulations issued
pursuant to this section shall take effect thirty (30) days after publication in a newspaper
‘of general circulation.

SEC. 25. Prohibition Against Double Recovery of Benefits. Whenever other laws
provide for the same benefits covered by this Act, the private health worker shall have the
option to choose which benefits will be paid to him or her.

SEC. 26. Prohibition Against Elimination and/or Diminution. Nothing in this law
shall be construed to eliminate or in any way diminish benefits being enjoyed by private
health workers at the time of the effectivity of this Act.

SEC. 27. Prohibition Against Retaliation. No private health care institution shall
discharge, terminate a employment with, reduce compensation to, or otherwise
discriminate against or take adverse action against any private health worker for opposing
any provision proscribed by this Act, for participating in proceedings related to this Act,
for secking to enforce tights under this Act by any lawful means, or for otherwise asserting
rights under this Act.


SEC. 28. No Waiver of Rights. Any waiver by a private health worker of any or all of the
provisions of this Act, or of rights ot protections afforded under the authority of this Act
shall be deemed contrary to public policy and shall be void and unenforceable.

SEC. 29, Budgetary Estimates. ‘The Secretary of Labor and Employment shall submit
annually the necessary budgetary estimates to implement the provisions of this Act in
staggered basis of implementation of the proposed benefits.

SEC. 30. Penal Provision. Any person or private health institution who shall willfully
interfere with, restrain or coerce any private health worker in the exercise of his/her rights
or shall in any manner act in violation of any of the provisions of this Act, shall pay a fine
of not less than One Hundred Thousand Pesos (PhP100,000.00) and not more than One
Million Pesos (PhP1,000,000.00) for each violation.

If the offender is a public official, the court, in addition to the penalties provided in the
preceding paragraph, may impose the additional penalty of disqualification from office.

Any private health worker who is a victim of a violation of this Act shall be entitled to back
‘wages and full payment of unpaid benefits, as well as to the refund of attorney's fees that
may have been incurred in enforcing the concemed private health worker’s claim under
this Act.

SEC. 31. Coexistence with Other Available Reliefs. The provisions of this Act shall
not be construed as limiting any private health worker's right to obtain relief to which
he/she may be entitled at law or in equity.

SEC. 32. Separability Clause. If any provision of this Act is declared invalid, the
remainder of this Act or any provision not affected thereby shall remain in force and effect.

SEC. 33. Repealing Clause. All laws, presidential decrees, executive orders and their
implementing rules, inconsistent with the provisions of this act are hereby repealed,

amended or modified accordingly.

SEC. 34. Effectivity. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette ot in any newspaper of general circulation.

Approved,