GREP RE

RECKAA

ovie 6 JUL 2013

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

SIXTEENTH CONGRESS
First Regular Session

House BILLNo, 1488

Introduced by HONORABLE LANI MERCADO-REVILLA.

EXPLANATORY NOTE

Republic Act No. 6972, also known as the Barangay-level Total Development and
Protection of Children Act was enacted in 1990. This law provides for the establishment of a day
care center in every barangay and seeks to institute a Total Development and Protection of
Children Program therein.

A decade after, Republic Act No. 8980, otherwise known as the Early Childhood Care
and Development (ECCD) Act was legislated. This measure promulgates a comprehensive
policy and national system for Early Childhood Care and Development.

Both measures promote and defend the rights of children, protect them against all forms
of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development. The
measures accord special protection to children with full recognition of the nature of childhood
and their special needs.

More importantly, both measures recognize the stage of childhood, from birth to six (6)
years of age, as critical to development, ‘This is basically the essenee of both laws. It is in this,
light that daycare workers play a central role.

Day care workers cater to millions of children, and also their families. For
underprivileged Filipino families, having the option of government day care centers, which
require little contribution, is a big help. Daycare workers tend to the needs of children, while
their parents are able to attend to other equally important chores.

In spite the immensity of their work, they are receiving a measly Five Hundred Pe
(P500) per month, an amount not even sufficient for their everyday needs. However, their
willingness to work as volunteers should not be abused, It is not by choice but by necessity, and
at times desperation, that they are forced to accept the work in exchange of an amount not even
enough for their subsistence.

‘The government, in light of the institutionalization of the EC
care workers regular government employees.

“D, should finally make day

By guaranteeing the rights of the day care workers to security of tenure, humane working
conditions and a living wage, the State would be contributing to the improvement of the quality
of early childhood care and education, thereby upholding its mandate to defend and protect
children’s rights as well as guaranteeing the rights of all its workers,

In view of the foregoing, passage of this bill is earnestly sought.



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

SIXTEENTH CONGRI
First Regular Session

HOUSE BILL No. 1488

Introduced by HONORABLE LANI MERCADO-REVILLA.

THE MAGNA CARTA FOR DAYCARE WORKERS

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

children to as:
of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development. It is
also the State's concern and responsibility to provide adequate remuneration for day care
workers to enhance their general welfare with the end in view of fulfilling the state policy of
defending the rights of children.

SECTION 3. Coverage. This Act shall cover all persons providing Early Childhood
Care and Development in all government-run day care centers and non-stock, non-profit day care
centers run by volunteers, people’s organizations, associations and non-government
organizations,

SECTION 4. Definition, For the purpose of this Act, the following terms shall mean:

1. Early childhood Care and Development (ECCD) ~ the full range of health, nutrition,
early education and social services programs that provide for basic holistic needs of
young children from birth to age six (6), to promote their optimum growth and
development through home-based and center-based program;

2. Day care centers — public, private or non-profit centers providing ECCD service

based on Republic Act No. 8980 or The ECCD Act

SECTION 5. Qualifications. A day care worker must be of legal age and had received
adequate training in Early Childhood Care and Development from the Department of Social
Welfare and Development or its accredited organizations and institutions. Under no
circumstances may a day care worker applicant be discriminated on the basis of gender, religion,
age, status, ethnic groups, educational attainment or political affiliation.

SECTION 6. Security of Tenure. Stability on employment and security of tenure shall
be assured the daycare workers as provided under existing laws.

Incumbent day care workers not meeting requirements, specifically training in ECCD,
shall not be disqualified but will be required to finish a day care worker training course to be


administered by the Department of Social Welfare and Development within one (1) year from
the effectivity of this Act.

Regular day care workers shall not be terminated except for cause provided by law and
after due process:

Provided, that if a day care worker is found by the Civil Service Commission to be
unjustly dismissed from work, the day care worker shall be entitled to reinstatement without loss
of seniority rights. Back wages with twelve percent (12%) interest computed from the time
compensation was withheld from the time of reinstatement shall also be awarded.

SECTION 7. Criteria for Salaries. Daycare workers' salaries shall correspond to the
following criter

(@) they shall compare favorably with those paid in other occupations
requiring equivalent or similar qualifications, training and abilities; and

(b) they shall be such as to insure teachers a reasonable standard of life for
themselves and their families.

Section 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 municipality/city
social welfare officer may require a day care worker to render service beyond working hours
during emergency situations such as calamities

SECTION 9. Benefits. Day care workers shall be provided with the following benefits:

J. Phitheatth — all day care workers shall be enrolled in the National Insurance Program
to be able to access personal health services;

2. Social Security — all day care workers shall be enrolled in the Government Service
Insurance System or the Social Security System to be able to avail of retirement,
disability, funeral and other benefi

3. Cost of Living Allowance. Daycare workers! salaries shall, at the very least, keep
pace with the rise in the cost of living by the payment of a cost-of-living allowance
which shall automatically follow changes in a cost-of-living index, The Secretary of
Social Welfare and Development shall, in consultation with the proper government
entities, recommend to Congress, at least annually, the appropriation of the necessary
funds for the cost-of-living allowances of the daycare workers

4. Hazard allowance ~ day care workers in both urban and rural places, exposed to
situations and conditions with foreseeable but unavoidable danger or risks such as
strife-torn areas and areas under a state of calamity shall be compensated with hazard
allowance to be determined by the local government unit.

Over time work ~ where the exigencies of the so require, any public health worker
may be required to render service beyond the normal eight service (8) hours a day. In
such a case, the workers shall be paid an additional compensation in accordance with
existing laws and prevailing practices,

6. Retirement benefits ~ all day care workers will receive retirement benefits once they
have reached the age and fulfilled service requirements under existing laws


7. Free legal assistance ~ in case of political-motivated or work-related harassment,
government will provide free legal assistance to day care workers to uphold and
protect their rights,

SECTION 10. Right to Self-Organization. Day care workers shall have the right to
freely form, join or assist organizations or unions in order to defend and protect their mutual
interests and to obtain redress of their grievances.

SECTION 11. Married Day Care Workers. Whenever possible, the proper authorities
shall take steps to enable married couples, both of whom are day care workers, to be employed
or assigned in the same municipality/city.

SECTION 12, Participation Fee, Day care workers shall in no way be required to shell
out their own money to spend for electricity and rent of their center. If the participation fee set by
the local government is inadequate, it is the LGUs responsibility to pay for necessary utilities
required to operate the day care center.

SECTION 13. Training, Education and Career Enhancement. The Department of
Social Welfare and Development, in coordination with the Department of Education and other
concerned government agencies and non-government organizations, shall organize training and
educational programs as well as provide opportunities for scholarships and continuing education.

SECTION 14. Implementing Rules and Regulations. The Department of Social Welfare
and Development (DSWD). in consultation with the Department of Budget and Management and
the Department of Education (DepEd), shall promulgate the necessary rules and regulations to
implement this Act.

SECTION 15. Appropriations. The budget needed to implement provisions of this Act
shall be included in the annual General Appropriations Act. Training costs shall be appropriated
under the DSWD.

Section 16. Penal Provision. Any person who shall willfully interfere with, restrain or
coerce any day care worker in the exercise of his/her rights or shall in any manner which violate
any provision of this Act, upon conviction, shall be punished by a fine of less than Twenty
thousand pesos (P20,000.00) or imprisonment of not more than one (1) year or both at the
discretion of the court,

SECTION 17. Constitutionality. Should any provision of this Act be declared invalid or
unconstitutional, the validity or constitutionality of the other provisions shall not be affected
thereby.

SECTION 18. Repeating Clause. All laws, decrees, letters of instructions, resolutions,
orders, ordinances or parts thereof which are inconsistent with the provisions of this Act, are
hereby repealed, amended, or modified accordingly.

SECTION 19, Effectivity, This Act shall take effect fifteen (15) days after its publication
in two (2) newspapers of general circulation,

Approved,