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

EIGHTEENTH CONGRESS
First Regular Session

2848

HOUSE BILL NO.

Introduced by Representative Divina Grace C. Yu
4* District, Zamboanga Del Sur

EXPLANATORY NOTE

The passage of this bill seeks to institute the magna carta for day care workers.

Settled in the 1987 Constitution that 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 si and economic welfare of day care workers who provide
preschool education and social development services to children.

Currently, it is unfortunate that considering the roles played by our day care workers in
our society, most importantly, with our children, existing laws do not afford them their well-
deserved benefits. Worst, their economic and professional well-being and development
are left unattended by the government.

Hence, it is only best to address these issues by the passage of this bill. It further seeks
to insulate them from the superfluous political interferences and abuses by assuring that
day care workers would enjoy security of tenure.

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



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

18" CONGRESS
First Regular Session

House Bill No. 2848

Introduced by Representative Divina Grace C. Yu

AN ACT
INSTITUTING THE MAGNA CARTA OF DAY CARE WORKERS AND PROVIDING
FUNDS THEREFOR

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

SECTION 1. Short Title. — This Act shall be known as 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 preschool 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 and 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 | and one (1) Day Care Worker II plantilla positions
shall be created in all day care centers nationwide. As plantilla position holders, day

1


20
21
22
23

24

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 pool 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
position 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:


20
21
2
23

24

(a) Day Care Worker |, 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 judgment 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 five (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).


22
23
24

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 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:

(a) 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

(c) 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:


20
21
22
23

(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) 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.

(c) 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 treated
without cost in government hospitals.

(d) 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.

(e) | 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/patemnity, sick, and vacation leaves as provided for by existing
laws.

SEC. 12. 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.


20
21
22
23

24

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 Nongovemment Organizations (NGOs). -
Nongovernment organizations 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. 15. Implementing Rules and Regulations. - The DSWD, ECCDC, 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 (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,