Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

11 (17") CONGRESS
t Regular Session

3968

House Bill No,

Introduced by Rep. Bernadette Herrera-Dy

EXPLANATORY NOTE

The 1987 Constitution, in Section 13 of its State Policies, recognizes the vital role of youth in
nation building and shall promote and protect their physical, moral, spiritual, intellectual, and
social well-being. As such, the care and welfare promotion of children should start at the earliest
age possible. Day care workers play a significant role in the preparation of children for formal
education,

Day care workers provide children with education, care, social development training and other
needs of children before they are sent to regular schools. The government has sponsored day care
institutions throughout the country and has in its employ workers whose welfare should be looked
into if we are to realize the nation’s goal of developing a more mature, responsive and socially
conscious individuals. The preparation for this undertaking should best start in pre-school where
children are in their formative years and may effectively be molded.

The proposed measure provides for qualifications for employment in government-sponsored day
cares with the involvement of different government agencies tasked for the purpose. This bill also
provides day care workers with the benefits due them, Being state workers, they are
civil servants with qualifications specified by law and commensurate to their duties and
responsibilities. They are likewise extended protection from arbitrary termination once qualified.

considered

With the author's desire to uplift the interests and welfare of ordinary government employees, the
approval of this bill is earnestly sought.

Yiwnr-Z
BERNADETTE R. HERRERA-DY


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon C

NTEENTH CONGR!
First Regular Session

House Bill No, 8968

Introduced by REP. BERNADET’

E R. HERRERA-DY

AN ACT PROVIDING FOR THE MAGNA CARTA FOR DAY CARE
WORKERS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES

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

Section 1, Title ~ This act shall be known as the “Magna Carta for Day Care
Workers (Teachers/Nanny)”

Section 2. Declaration of State Policy — The State recognizes the role of children
and youth in nation- building and shall promote and protect their physical and moral,
spiritual, intellectual and social well-being, It shall then be its declared policy to promote
and improve the social well-being and economic welfare of day care workers who
provide pre-school education and social development service to the children, Towards
this end, the State shall adopt policies that will protect the rights and enhance the rights of
day care workers,

Section 3. Coverage ~ This act shall cover all persons engaged in the provision of
Farly Child Development in government-sponsored day care centers whose primary
function is to assist in the provision of care, social development, education and other
needs of the children,

ion 4. Qualification - A Day Care Worker must be of legal age, possesses at
least, as career sub-profession eligibility and must have training in Early Childhood Care
and Development, Provided, that, an incumbent day care worker who has been serving
for the last five (5) years upon approval of this Act and does not meet the prescribed
educational qualification standard shall not be disqualified; Provided, further, that such
Day Care Worker shall complete the Day Care Worker training course provided by the
Department of Social Welfare and Development (DSWD) within one (1) year of
effectivity of this act.



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Section 5, Recruitment ~ A qualified Day Care Worker shall file his/her application
with the local government unit concerned. Under no circumstances shall an applicant for
the position of Day Care Worker be discriminated against on the basis of gender, religion,
age, status, race o political affiliation,

Section 6, Salary — A Day Care Worker shall receive a salary equivalent to

Level 1 = High School graduate level below second year college and
length of service of at least five (5) years shall receive the salary
equivalent to salary grade 6,

Level 2 ~ Second year college level shall receive a
and

alary equivalent to grade

Level 3 ~ College graduate level shall receive salary equivalent to salary grade
10.

Section 7. 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
municipal/eity social welfare officer may require a day care worker to render services
beyond his/her required working hours during emergency situations such as natural and
man-made calamities

Section 8. Additional Compensation and Allowances — Day Care Workers shall be
provided the following additional compensation whenever applicable;

a) Overtime pay for services beyond the required working hours;

b) Hazard Allowance — Barangay Day Care Workers in urban and rural areas,
exposed in situations, conditions or factors in the work environment or place
where foreseeable but unavoidable danger or risks exist which adversely
endanger his/her health or life and or increase the risk of producing adverse
effect on his/her person in the exercise of his/her duties, to be validated by
proper authorities, shall be entitled to hazard allowance to be determined by
the local Sangguniang Barangay concerned; and

Subsistence Allowance ~ Barangay Day Care Workers who renders service
within the premises of isolated Barangay Day Care Centers in order to make
their services available at any and all times, shall be entitled to subsistence
allowance equivalent to the meals they take in the course of their duty, which
shall be computed in accordance with prevailing circumstances as determined
by the local Sangguniang Barangay concerned,

Section 9. Training, Education and Career Enrichment Programs = The
Department of Social Welfare and Development, in coordination with the Department of
Education and other concerned government agencies and non-government organizations,
shall provide opportunities for the following:



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Educational Programs which shall recognize years of day care service as
credits to higher education in institutions with step lather curricula that will
entitle Barangay Day Care workers to upgrade their skills and knowledge for
community work;

Continuing education, study and exposure tours, training grants, field
immersion, scholarships, ete

Scholarship benefits in form of tuition in state colleges, to be granted to one
child of Barangay Day Care Worker who will be able to take advantage of the
above programs; and

Special Training Programs that addre
id issues.

emergent community health problems

n 10. Other Benefits and Privileges Due to Day Care Workers — Apart

from the abovementioned benefits, the following are additional entitlements of Day Care

Workers:

a)

b)

Civil Service Eligibility - Second grade eligibility shall be granted to
Barangay Day Care Workers who have rendered five (5) years of continuous
service. Provided, that, should the Barangay Day Care Worker become a
regular employee of the government, the total number of years served as
Barangay Day Care Worker shall be credited to his service in computing
retirement benefits.

Transfer or Geographical Reassignment of Day Care Workers — No Day
Care Worker shall be transferred or reassigned from one center to another
without his/her prior knowledge and/or consent.

Married Day Care Workers — Whenever possible, married couples who are
both Day Care Workers shall be assigned in the same municipality or city.

Free Legal Services ~ Legal representation and consultation services for
Barangay Day Care Worker shall be immediately provided by the Public
Attorney's Office in cases of coercion, interference, and in other civil and
criminal cases filed by or against Barangay Day Care Workers arising out of
or in connection with the performance of their duties of such.

Free Medical Examination — Pre-employment and annual medical
examinations shall be provided by government hospitals, free of charge, to all
Day Care Workers suffering from work-related ailments, shall be treated free
of charge in government hospitals

Preferential Access to Loans ~ The Department of Social Welfare and
Development in coordination with other concerned government agencies shall
provide a mechanism for access to loan services by organized Day Care
Workers. The agencies providing loan services will set aside One Percent
(1%) of their loanable funds for organized Day Care Workers groups that have
community-based income generating projects in support of Day Care program
or activities,



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As provided under existing laws, a Day Care Worker shall not be terminated from
work without due cause; shall have the freedom to organize themselves and under no
circumstances shall any Day Care Worker be dismissed on the basis of his/her
membership in any organization of Day Care Workers; shall automatically become
members of the Government Service Insurance System (GSIS); and shall be entitled to
maternity/paternity, sick, and vacation leaves.

Section 11. Support from Non-government Organization — Non-government
organizations or private volunteer organizations are hereby encouraged to assist and/or
support the government in the implementation of programs and projects for Day Care
Workers. As such, all Day Care Centers are allowed to accept any assistance or support
coming from the NGO's

Section 12. 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.

Section 13. Implementing Rules and Regulations - The Department of Social
Welfare and Development (DSWD) and the Department of Interior and Local
Government (DILG) in consultation with the Civil Service Commission (CSC) and the
national organization of Day Care Workers, shall formulate the rules and regulations
necessary to the implement the provisions of this Act within six (6) months of

ctivity,

Section 14, 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 15. Penal Provisions ~ Any person who violates the provisions of this act
shall be punished with a fine of not less than Five Thousand (Php5,000.00) and/or
imprisonment of not less than one (1) month but not more than two (2) months, or both at
the discretion of the court,

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

Section 16. Separability Clause, ~ In the event that any provision of this Act is
declared unconstitutional, invalid, or illegal, the constitutionality, validity, or legality of
the remainder of the provisions of this Act shall not be affected thereby.


Section 17. Repealing Clause. - All laws, presidential decrees, letters of
instructions, executive orders, administrative orders, rules, regulations, and other
issuances or parts thereof which are contrary to or inconsistent with the provisions of
this Act are hereby revoked, repealed or modified accordingly

Section 18. Effectivity. — This Act shall take effect fifteen (15) days following
the completion of its publication in the Official Gazette or in at least two (2) newspapers
of general circulation

Approved,