| Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

| EIGHTEENTH CONGRESS
First Regular Session

6165

HOUSE BILL NO.

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

|
| EXPLANATORY NOTE

As a manifestation of support to this timely piece of legislation, this representation
respectfully refiles this measure, which has constantly been receiving support from
the past and present Congress.

The role of day care workers in a community is important in the development of
children. During the hours that these children spend in a Day Care center, these
aforementioned workers serve as their teachers and guardians. Their efforts and
contributions are integral to the physical and mental development of child as
studies shows that day care children have developed a beneficial set of skills such
as good communication, basic good manners and right conduct, and body care and
respect. By being an instrumental part of shaping the minds of the future
generation, these day care workers are also actively contributing to nation
building.

Despite their significance in the community and the society as a whole, they are
not granted the BS benefits as a regular government employee. Their primary
duty is too look out and care for the overall welfare of the children; as such, they
deserve the benefits and the institutional support that every government
employee are entitled to.

This measure seeks to grant day care workers security of tenure, better working
conditions, and just compensation for all their services to the nation.

This measure was approved by the House during the 17th Congress.
]

In view of the foregoing, the approval of this measure is earnestly sought.
| :

Jo! IN/*YUL SERVO” C. NIETO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

i
HOUSE BILL NO. es

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

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

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

SECTION 1. Title. - This Act shall be known as the "Magna Carta of Day Care
Workers."

SEC. 2. Decarpuon: 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 pre-school 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), 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 I and one (1) Day Care Worker II plantilla positions
shall be created in all day care centers nationwide. As plantilla position holders,
day 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. Recruitment and Selection/Criterion of Special Selection Board. -
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.



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 chair, the Punong Barangay,
Local Health Officer, Human Resource Management Officer, and local government
unit (LGU) first level employees' representative as members.

The Local Chief Executive, as the appointing authority, shall exercise sound
discretion in Saiealey from the SPSB-recommended pool the most qualified for

appointment to

possessing the

e day care worker position in a particular day care center.

lowing qualifications shall be hired to the position of Day Care

SEC. 6. athe folowing Positions, and Salary Grade. - A day care worker

Worker I, and e1

1) Must be
as such uj

titled to Salary Grade Six (6):

of legal age: Provide, That day care workers legitimately serving
jon 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, further, That their

retention

2) Must
Provided,
effectivity

jad been recommended by their direct supervisor;

ave completed at least two (2) years of college education:
hat day care workers who have no college education upon the
f this Act shall be given three (3) years within which to complete

equivalent training to be able to continue in the service, in accordance with

Sec. 9 of
Departmer:

3) Must
complied
developm«

4) Must ni

jis Act. The necessary training courses shall be prescribed by the
it of Social Welfare and Development;

certified by the DSWD or DSWD-deputized entities to have
ith existing requisites and trainings in early childhood care and
int;

t 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

A day care

‘nown as the Special Protection on Children Against Child Abuse.

worker who possesses all the above qualifications, has at least

five (5) years of working experience as such, and has completed more than
twelve (12) hours of relevant training, shall be hired as Day Care Worker II,
and entitled to Salary Grade Eight (8).

Qualifications and exceptions applicable to this Section shall be subject to

conditions

SEC. 7. Additi:
be provided wit!

a. Overti
as prescril

b. Hazard

imposed by the Civil Service Commission (CSC).

nal Compensation and Allowances. - Day Care Workers shall
the following additional compensation, whenever possible:

le Pay - for services rendered beyond the required working hours
ed in Sec. 12 hereof;

llowance - for being exposed to situations, conditions, or factors

in the workplace which endanger the workers' health or life, or increase the



danger or risk in the exercise of their duties. Such risk or danger shall be
determined by the Sangguniang Barangay concerned; and

c. Subsistence Allowance - for services rendered within the premises of
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 Sangguniang Barangay concerned.

SEC. 8. Other Benefits and Privileges. - Day Care Workers shall be entitled to
the following additional benefits and privileges:

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 Self-Organization. - Day care workers shall have the freedom to
organize themselves and under no circumstance may be dismissed from
work on the basis of membership in such organization.

c. 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.

d. Free Medical Examination and Treatment - Annual medical examination
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.

e. Preferential 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.

f. Other benefits. - All day care workers shall automatically become
members of the GSIS, PAG-IBIG, and PHILHEALTH, subject to premium
payments by both employers and employees, and shall be entitled to
maternity/paternity, sick, and vacation leaves as provided for by existing
laws.

SEC. 9. Training, Education and Skills Enhancement. - The DSWD, in
coordination with DepEd, CHED, and TESDA, shall provide for a system of
continuing education and skills training and knowledge enhancement programs for
day care worker

An equivalency system of education, which shall provide for the recognition of the
actual work experiences and prior learning of day care workers, shall be adopted
by the DepEd, CHED, and TESDA for possible accreditation into formal academic or
training units.

SEC. 10. Support from Non-Government Organizations (NGOs). - Non-
government 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. As such, all day care centers are
allowed to accept any assistance or support from NGOs.


SEC. 11. Code of Conduct of Day Care Workers. - Within six (6) months upon
approval of this Act, the 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
government.

SEC. 12. 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 se 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. 13. Implementing Rules and Regulations. - The DSWD, ECCDC, and
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. 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 ippecal 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 PAGCOR as provided under R. A. 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. Penal Provisions. - Any person who violates any provision of this Act
shall be punished with a fine of not less than Ten Thousand Pesos (P10,000.00) 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, the offender shall, in addition to the penalties
stated above, dismissed from government service and shall be perpetually
disqualified from assuming any public office.

SEC. 16. Separability Clause. - If any provision of this Act or any part thereof, 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
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,