Republic of the Philippines 09 JUL 2013
HOUSE OF REPRESENTATIVES hoe Py

Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

1236

HOUSE BILL NO.

Introduced by Honorable Pedro B. Acharon, Jr.

EXPLANATORY NOTE

This bill seeks to enshrine the fundamental rights of daycare workers by
ituting a magna carta for day care workers.

Day care workers (teachers and nannies) serve as parents to our children when
the latter are entrusted to their care. They greatly assist the parents in molding the
minds and hearts of young and vulnerable children. They are therefore in the frontline
in the character formation of our youth.

Being therefore entrusted with the care and protection of our small children,
day care workers should be granted the protection and benefits that they sorely need.
Thus, this bill provides for the upgrading of salaries of day-care workers, grants civil
service eligibility, and free legal service, as well as preferential access to loans.

This bill likewise recognizes the right of day care worker to join or form
lawful organizations and prohibits termination by reason of their joining said
organizations.

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

PEDRO'B. ACHARON, JR.


Republic of the Philippines
Congress of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

_ 1286

House Bill No.

Introduced by Representative
Pedro B. Acharon, Jr.

AN ACT
PROVIDING FOR QUALIFICATIONS, SALARIES AND OTHER BENEFITS OF
DAY CARE WORKERS, PROVIDING FUNDS THEREFOR AND FOR OTHER
PURPOSES

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

SECTION. 1. Title. ~ This Act shall be known as the “Day Care Workers Act”.
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 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 promote the welfare of day care workers.

“overage. - This Act covers all day care workers 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 the children aged 5 years
and below in all government-sponsored day care centers.

SEC. 4. Qualifications and Positions. ~ Minimum requirements for all day care
workers (Day Care Worker 1) are the following:


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a. Must be of legal ages

b, Must be at least a high school graduate;

c. Must be certified by the Department of Social Welfare and Development (DSWD)
or DSWD-deputized entities as having received at least four (4) hours of training in early
childhood care and development; and

4d, Must not have been convicted by final judgment of any crime.

Provided, That day care workers with at least two years of college education, a civil
service sub-professional eligibility or possess a ground for exemption from taking the civil
service examination, and more than 12 hours of relevant training shall be entitled to the
position of Day Care Worker II.

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 the direct supervisor of
the minor-aged day care worker recommends that said day care worker should be retained.

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

SEC. 5 . Tenure and Transfer — No day care worker shall be removed from office
without just cause or without prior consultation with and prior knowledge of the concerned
day care worker.

SEC. 6. Application and Hiring. — A qualified day care worker shall file application
with the Punong Barangay of the barangay where the applicant intends to serve who shall
evaluate and forward the same with recommendation to the appropriate office of the local
government unit concemed for approval or proper disposition.

SEC. 7, Salary. A day care worker shall receive a salary equivalent to: a)

Salary Grade Six (6)- for Day Care Worker I


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b) Salary Grade Bight (8) ~ for Day Care Worker II

8. Additional Compensation and Allowances. — Day care workers shall be

provided the following additional compensation whenever applicable:

a, Overtime pay - for services rendered beyond the required working hours;

b. Hazard Allowance ~ for being exposed to situations, conditions or factors in the
workplace which adversely endanger the workers’ health or life and or increase the danger
of such risks in the exercise of their duties, to be validated by the local Sangguniang
Barangay concerned; and

C. Subsistence Allowance -services rendered within the premises of isolated
barangay day care centers 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.

SEC. 9. Other Benefits and Privileges due to Day Care Workers. The following are

additional entitlements of day care workers:

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

b. Right to Join an Organization. A day care worker shall have the freedom to
organize themselves and under no circumstances may be dismissed from work on the basis
of such membership;

©. Free Legal Services - Legal representation and consultation services for barangay

day care worker shall be immediately provided by the Public Attorneys’ Office (PAO) in all

cases filed by or against barangay day care workers arising out of or in connection with the
performance of their duties .
d, Free Medical Examination and Treatment, ~ Pre-employment and annual medical

examinations shall be provided by government hospitals, free of charge, to all day care


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workers. Day care workers suffering from work-related ailments shall be treated without
cost in government hospitals.

e. Preferential Access to Livelihood, Loans, Grants, and Skills Enhancement ~ The

DSWD and the local government units, in coordination with other concerned government

agencies shall provide a mechanism for access to livelihood, loans, grants and skills

enhancement services by organized day care workers. 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 programs or

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f. Other Benefits. All day care workers shall automatically become members of the

Government Service Insurance System (GSIS), PAG IBIG and Philhealth; and shall be

entitled to matemity/patenity, sick and vacation leaves as provided by existing laws.

SEC. 10. Training, Education and Skills Enhancement - The DSWD, in coordination
with 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.

SEC. 11, Support from Non-Government Organizations. — Non-government

and/or

organizations or private volunteer organizations are hereby encouraged to as
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

NGOs.


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SEC. 12. Code of Conduct of 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.

SEC. 13. 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/city
social welfare officer may require day care workers to render services beyond their required
working hours during emergency situations such as natural and man-made calamities,

SEC. 14 Implementing Rules and Regulations. ~The DSWD and the Department of
Interior and Local Government (DILG), in consultation with the CSC and the 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. 15. Appropriations. ~ Salaries and benefits of day care workers shall be charged

from the local government units concerned, Provided, That the national government shall

provide subsidy for the purpose to fourth, fifth and sixth class municipalities which shall not
exceed fifty percent (50%) of the required appropriations, and which shall be included in the
General Appropriations Act. ‘The Priority Development Assistance Fund may also be utilized
to fund the implementation of this Act.

SEC. 16. 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 one (1) month but not more than two (2) months, at the
discretion of the court.

If the offender is a public official, the offender shall, in addition to the penalties

stated above, be dismissed from government service and shall be perpetually disqualified

from assuming any public office.


SEC. 17. Separability Clause.

SEC. 18. Repealing Clause. Republic Act No. 6972 otherwise known as Barangay-
Level Total Development and Protection of Children and all laws, decrees, rules and
regulations, and executive orders contrary to or inconsistent with this Act are hereby repealed

or modified accordingly.

19, Effectivity. This Act shall take effect upon its approval and completion of its
publication in at least two (2) national newspapers of general circulation.

Approved,

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