i;, Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Batasan Hills, Quezon City
NINETEENTH CONGRESS
First Regular Session
HOusEiiL`L~rdo.6132
_-_---------------------------------------------------------------------------I-----------------------
Introduced by
ACT Teachers Party-List Rep. FRANCH L. CASTRO,
GABRIELA Women's Party Rep. ARLENE D. BROSAS,
and KABATAAN Party-List Rep. RAOUL DANNIEL A. MANUHL
-------------------------------------------------------------...--------------------------------------
AN ACT
PROVIDING FOR THE MAGNA CARTA OF PRIVATE HEALTH
WORRERS
HXPLANATORY NOTE
Despite  the  much-touted  lower  inflation  rates  and  gross  domestic  product
growth, majority of the people remain poor and the people's health remains in a dismal
state. Budget cuts and long-time government neglect have resulted to and aggravated
the public health crisis.
Health workers as the frontliners in health service provision play a crucial role
in confronting the health crisis. However, Filipino health workers themselves face a
crisis among their ranks.
For decades health workers in the Philippines are overworked, underpaid, and
deprived ofjob security and union rights. Salaries of most health workers are way below
the  daily minimum cost of living pegged at P1,117/day]  for a family of five in the
National Capital Region according to IBON Databank. Based on the 2020 Occupational
Wages  Survey,2 health workers receive a median basic pay of P14,457/month and a
median allowance of P1,927. Half of the health workers of the surveyed establishments
receive less than the said amount. Moreover, midwives only receive an average salary
I The Family Living Wage as of August 2022. IB0N Foundation,13 September 2022.
httDs://www.ibon.org/flw-asrof-august-2022/
Occupational Wages Survey. Philippine Statistics Authority, 2020.
httDs://Dsa.gov.Dh/sites/default/files/2020%200ccuDational%20Wages°/o20Survev%20Statistical%20ReDort.Ddf
Page 1 of 14


of P14,227/month, while health care assistants and pharmacists receive only P15,733
and Pl 7,687 per month, respectively.
Contractualization afflicts the health sector. The DOH is among the government
agencies with the most number of contractuals. Private hospitals and facilities likewise
employ many contractual health workers.
In  2018,  according  to  the  Philippine  Statistics  Authority  (PSA),  out  of the
210,372 workers in the private health and social work activities industries that have 10
or  more  workers,   12,834  were  on  sub-contract  agreements.  Majority  of the  sub-
contracted workers was reported by hospital activities with 10,099 workers.3
Not  surprisingly,  more  and  more nurses  and health workers  are  leaving the
country to seek better paying jobs abroad, or seek other work not related to patient care.
While  the  country  supplies  nurses  and  doctors  to  other  countries,  Filipino
communities and health facilities face inadequate positions for permanent nurses. Some
hospital  administrators  admitted  that  some  of  their  wards  and  services  are  not
operational due to lack of health workers, especially nurses.
Despite the fact that health workers in public and private facilities perform the
same tasks and face the same risks in providing health services and saving the lives of
Filipino patients, disparities exist with regards to wages, salaries, benefits, and others.
For  instance,  while  a Nurse  1  in  a public  hospital  earns  P35,097  per month,  their
counterpart in a private hospital earns as low as P8,000 or Plo,000 per month, which is
even  less  than  the  P570/day  minimum  wage  in  the  National  Capital  Region  or
P12,397.50/month.
Health workers in the private health facilities are not covered by the Republic
Act 7305 or the Magma Cata of Public Health Workers enacted in 1992, hence do not
receive  benefits  like  hazard  pay,  subsistence  allowance,  laundry  allowance,  and
longevity pay, among others.
In the face of the public health crisis, there is a need to address the concerns of
the Filipino health workers.
This Bill aims to provide for the rightsO welfare and benefits of private health
workers  to  encourage  them  to  stay  in  the  country  and  serve  the  Filipino  people.
Moreover, the bill aims to reduce, if not eliminate the disparities between the health
workers  in the  public  and private  sector under the  principle  of equality  and  non-
discrimination.
In this light, the passage of this Bill is eamestly sought.
3   httos://Usa. gov.Dh/health-socialwork/cDbi-id/ 163 864
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GABRIELA Women 's Party
Rep. RAOUL DANNIEL A. MANUHL
RABATAAN Party-List
Page 3 of 14


Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Batasan Hills, Quezon City
NINETEENTH CONGRESS
First Regular Session
HoUSE,lBrlfL-No.6132
----------------------------------------------------------------------------..-.-1..-----------------
Introduced by
ACT Teachers Party-List Rep. FRANCE L. CASTRO,
GABRIELA Women's Party Rep. ARLENH D. BROSAS,
and KABATAAN Party-List Rep. RAOUL DANNIEL A. MANUEL
--------------1~-------------------------------------------------------------.-.----.-.----------------------
AN ACT
PROVIDING FOR THE MAGNA CARTA OF PRIVATE HEALTH
WORKERS
Be it enacted by the Senate and House Of Representatives Of the Republic Of the
Philippines in Congress assembled:
SECTION 1. r!.f/a. -This Act shall be known as the "„¢g„¢ Car/o a/Pr!.v¢/a He¢/Zfo
Workers."
SECTION. 2. Dec/¢ro/I.o# a/£foe PoJJ.ciJ. -The State shall ensure the protection and
welfare of health personnel employed in the private healthcare industry which provides
health  goods  and  services  such  as,  but  not  limited  to,  health  promotion,  disease
prevention, health diagnosis, treatment, curative, rehabilitative, palliative and hospice
care. Towards this end, this Act aims:
(a) to  promote  and  improve  the  social  and  economic  well-being  of the  health
workers, their living and working conditions and terms of employment; and
(b) to develop their skills and capabilities in order that they will be more responsive
and better equipped to deliver health goods, services and programs.
SECTION 3. DCJ}#J.fJ.o#. - For purposes of this Act, "health workers" shall mean all
persons who are engaged in health and health-related work, which shall include, but not
limited to, health and para-health professionals, allied health personnel, administrative
Page 4 of 14


and support personnel employed in private health care institutions regardless of their
employment status.
SECTION  4. Recrwz.fme»f ¢#d g«¢/i/icofz.o«. - Recruitment policy and minimum
requirements with respect to the selection and appointment of a private health worker
shall be developed and implemented by the concerned employer in accordance with
policies and standards of the Department of Labor and Employment (DOLE): Provided,
That in the absence of appropriate eligibles and it becomes necessary for the public
interest to fill a vacancy, a probationary period for three months  shall be issued to the
person who meets the partial requirements for the position to which he/she is being
appointed.
SEC"OIN 5. Performance Evaluation  and Merit Promotion. - The Seoretry  o£
Labor, through a tripartite mechanism, shall prepare a uniform career and personnel
development plan applicable to all private health personnel. Such career and persormel
development plan shall include provisions on merit promotion, performance evaluation,
in-service training grants, j ob rotation, suggestions and incentive award system.
The performance evaluation plan shall consider foremost the improvement of
individual employee efficiency and organizational effectiveness: Provz.dec7, That each
employee  shall  be  informed regularly  by  histher  supervisor of histher performance
evaluation.
ThemeritpromotionplanshallbeinconsonancewiththerulesoftheDepartment
of Labor and Employment.
S;EC:TT!OIN 6. Transf ier or Geogro[phical Reassignment Of Private Health Workers. -
(a) a transfer is a movement from one position to another which is of equivalent
rank, level or salary without break in service;
(b) a  geographical  reassignment,  hereinafter  referred  to  as  "reassignment,"  is  a
movement from one geographical location to another; and
(c) a private health worker shall not be transferred and or reassigned, except when
made in the interest of public service, in which case, the employee concerned
shall be informed of the reasons therefore in writing. If the private health worker
believes that there is no justiflcation for the transfer and/or reassignment, he/she
may appeal histher case to the Department of Labor and Employment, which
shall  cause  histher reassignment to  be  held  in  abeyance;  Provz.dec7,  That  no
transfer and/or reassignment whatsoever shall be made three (3) months before
any local or national elections: P7~oi/z.dec7, /ztrffeer, That the necessary expenses
of the transfer and/or reassignment of the private health worker and histher
immediate family shall be paid for by the Employer.
Page 5 of 14


SECTION 7. d4l¢rr7.cd He¢/£fe  Worfacrs.   Whenever possible, the proper authorities
shall take steps to enable married couples, both of whom are private health workers, to
be employed or assigned in the same unit/section/department/division.
SECTION 8. Ri.gfef /a Sec#".fy a/ rc#wre. - All private health workers shall enjoy
security of tenure in their employment as provided by law.  Their services can only be
terminated for just or authorized causes pursuant to the provisions of the Labor Code,
as renumbered and subject to the requirements  of due process:  Provided,  That if a
private health worker is  found by the Department of Labor and Employment to be
unjustly dismissed from work, he/she shall be entitled to reinstatement without loss of
seniority rights and to histher back wages with twelve percent ( 12%) interest computed
from  the  time  histher  compensation  was  withheld  from  histher  up  to  tine  of
reinstatement.  In addition,  all legal  expenses  incurred during the arbitration process
shall be paid for by the Employer.
SECTION 9. Profez.bjfz.o" a/Co#JrocJw¢Jz.z¢fz.o#. - All forms of contractualization and
fixed term employment are hereby prohibited.  Job contracting, or the contracting out
of a work by the employer to a contractor, manpower agency or a similar analogous
entity, is hereby prohibited.
Direct-hiring of contractual health workers is also hereby prohibited. When the
employer contracts  or subcontracts the performance of a work that is necessary or
desirable to the hospital or health facility, the worker or workers supplied by a third
person  or  party  under  this  paragraph  shall  be  considered  regular  employees  or
employees of the principal employer.
Project-based employees are considered regular employees for the duration of
the project.  For this purpose, project-based employment refers to employment in an
existing project or undertaking, the nature of which is temporary and the completion or
termination has been determined and made known to the employee at the time of the
engagement.
SECTION 10. Pro/t7cJz.o# 4g¢..#st DI.saw.uni.i!¢fi.o#. -A private health worker shall not
be discriminated against with regard to age,  gender,  gender preference,  civil  status,
qualifiedpersonwithdisability,creed,religiousorpoliticalbeliefsandethnicgroupings
in the exercise of histher profession.
S;EC"OIN11.NoUnderstaffijlngIVorkOverloadingOfHealthStaiff:-I:haeres;fu;zlllbe
no understaffing or work overloading of private health workers. The ratio of health staff
to patient load shall be based on the standards set by the Department of Health, at the
minimum, or based on the health worker-patient ratio resulting from the consultations
and negotiations with the health workers' union/organization. Such ratio shall effect a
sustained delivery of quality health care at all times without overworking the private
health worker and over extending his/her duty and service. Health students, trainees and
apprentices shall be allowed only for purposes of training and education and shall not
be allowed to perform the tasks of regular health workers.
Page 6 of 14


SECTION  12. Adrmz.#z.s/r¢ffre  Cfo¢rges.  - Administrative  charges  against a private
health worker shall be heard by a committee composed of the Ethics and/or Grievance
Committee,   union   representative   where   the   private   health   worker   belongs,   a
representative of any existing employees' association or union and/or representative of
a national or provincial health workers' organization. The committee shall submit its
findings and recommendations to the Secretary of Labor within thirty (30) days from
the termination of the hearings.
SE:CTTOIN  13.  Sofeguards  in  Disciplinary  Procedures.  -  In  every  disciplinary
proceeding, provisions  under the  labor code  for due process  must be observed,  the
private health workers shall have:
(a) the right to a swift resolution of the case; no health worker must be suspended or
dismissed while investigation is ongoing;
(b) the right to be informed, in writing, of the charges;
(c) the right to full access to the evidence in the case;
(d)the richt to defend himselfi'herself and to be defended by a representative of
histher choice and/or by histher organization, adequate time being given to the
private health worker for the preparation of histher defense;
(e) the right to confront witnesses presented against him/her and surrmon witnesses
in histher behalf;
(D the right to appeal to designated authorities;
(g) the right to reimbursement of reasonable expenses incurred in histher defense in
case of exoneration or dismissal of the charges; and
(h) such other rights that will ensure fairness and impartiality during proceedings.
SECTION 14. DWJz.es ¢#d ObJi.g¢/I.o#s. -The private health workers shall:
(a) discharge  his/her  duty  humanely  with  conscience  and  dignity  according  to
histher mandated scope of work;
(b) perform histher duty with utmost respect for life, race,  gender, persons with
disability, religion, nationality, party policies, social standing or capacity to pay.
SECTION 15. Code a/Co#d#cJ. -Within six (6) months from the approval of this Act,
the Secretary of Labor, upon consultation with other appropriate agencies, professional
and health workers ' organization, accredited/registered employees association or union
shall formulate and prepare a Code of conduct for Private Health Workers, which shall
be disseminated as widely as possible.
SECTION 16. Ho#rs a/ H7ror*. - The normal hours of work of private health worker
shall not exceed eight (8) hours a day or forty (40) hours a week but paid seven (7) days
a week or a total of 56 hours a week as per Republic Act 5901.   Hours worked shall
include:
Page 7 of 14


(a) all the tine during which a private health worker is required to be on active duty
or to be at a prescribed workplace;
(b) all waiting time such as endorsement period spent by health personnel where
shethe is required or engaged by the employer to wait; and
(c)allthetimeduringwhichaprivatehealthworkerissufferedorpermittedtowork.
Prow.dec7, That the time when the private health worker is placed on "On Call"
status shall not be considered as hours worked but shall entitle the private health
worker to an "On Call" pay equivalent to one hundred percent ( 100%) of histher
regular wage. "On Call" status refers to a condition when private health workers
are  called  upon  to  respond  to  urgent  or  immediate  need  for health/medical
assistance or relief work during emergencies such that he/she cannot devote the
time for histher own purpose.
SHCTI0N 17. Ot;er/I."c Worfa -Where the exigencies of the service so require (such
as force majeure, national threat or loss of life),  any private health worker may be
required to render service beyond the normal eight (8) hours a day. In such a case, the
workers shall be paid an additional compensation in accordance with existing laws and
prevailing practices.
SncTION 18. Wrorfe Dwrz.#g Rest D¢}7. -
(a) Where a private health worker is made to work on histher schedule rest day,
he/she  shall  be paid  an additional  compensation  in  accordance with existing
laws; and
(b) Where a private health worker is made to work on any special holiday he/she
shall  be  paid  an  additional  compensation  in  accordance  with  existing  laws.
Where such holiday work falls on the workers' scheduled rest day, he/she shall
be entitled to an additional compensation as may be provided by existing laws.
SECTION 19. fl4ij#z.rmwJae Wages ¢„d Be#eJEfs. -Private health workers are entitled to
not less than the following wages and benefits:
(a) Wages for all actual work hours and days shall not be lower than P50,000.00
entry  salary  for  nurses  and  P1,100.00  per  day  for  other  health  workers
multiplied by 30 days for a monthly salary.  Wages shall be paid at least once
every two weeks or twice a month at intervals not exceeding sixteen (16) days:
Provz.decJ, That the minimum wage of health workers in the private sector shall
be upgraded to the rate comparable to the minimum salary received by their
respective public sector counterparts.
(b) Holiday pay for all legally declared regular holidays. Health workers shall be
paid holiday pay of hundred percent (100%) of the minimum wage even if
shethe did not report for work.
Page 8 of 14


If the health worker is required to work on said holiday, shethe shall be paid two
hundred percent (200%) of the minimum wage.
(c) Premium pay for work on Special Days of thirty percent (30%) of their basic
Wage.
(d) Night shift pay of an additional fifteen percent ( 15%) of the basic wage for work
between 10:00 pin and 6:00 am of the following day.
(e) Hazard pay equivalent to  at  least twenty-five percent (25%)  of the monthly
minimum wage of private health workers.
(D Paid longevity pay of five (5) days for every year of service. Unused leave can
be monetized.
(g) 13th month pay pursuant to Presidential Decree No.  851,  as  amended, which
entitles the employee to receive, not later than 24 December, equivalent to one-
twelfth (1/12) of the total basic salary earned within the calendar year.
(h) Paid matemity leave of 105  days for normal delivery or for caesarian section
delivery,   including  miscarriage   or  emergency  termination   of  pregnancy,
regardless of civil status and legitimacy of the child pursuant to Republic Act
No.11210, otherwise known as "105-Day Expanded Maternity Leave Law"
approved February 20, 2019.  The solo parent health worker shall be granted an
additional fifteen (15) days matemity leave with full pay pursuant to the "Solo
Parents Welfare Act".
(i) Paid paternity  leave  of seven  (7)  days,  pursuant to  Republic Act No.  8187,
otherwise known as the Paternity Leave Act of 1996. In addition, any female
health worker is entitled to allocate up to seven (7) days of her matemity leave
to the child's father pursuant to Republic Act No. 11210, including cases where
the   female  health  worker  had  miscarriage  or  emergency  termination  of
pregnancy.
0) Paid parental leave of seven (7) days for solo parents pursuant to Republic Act
No. 8972, otherwise known as the Solo Parents' Welfare Act of 2000.
(k) Paid leave of ten (10)  days  for victims  of violence against women and their
children, pursuant to Republic Act No.  9262,  otherwise known as the Anti-
Violence Against Women and Their Children Act of 2004.
(I) Paid special leave of up to sixty (60) days  for women for surgery caused by
gynecological disorders, pursuant to Republic Act No. 9710, otherwise known
as the Magma Carta of Women.
Page 9 of 14


(in) Paid emergency leave of up to  15  days for emergency conditions such as in
times of disaster or calamities.
(n)Paid  leaves  due  to  exposure  to  hazard,  virus  or  emerging  or  re-emerging
infectious disease in the workplace for purposes of quarantine, isolation and/or
treatment. In no case shall these leaves be deducted fi.om basic sick or vacation
leaves.
(o) Separation pay if the termination is due to any of the authorized causes under
Articles 298-299 of the Labor Code, as renumbered. Any private health worker
who has voluntarily resigned from employment after rendering five (5) years of
continuous service shall be also entitled to separation pay.
®) Retirement benefits for employees reaching the age of sixty (60) or more but not
beyond sixty-five (65) years old, pursuant to the Labor Code, as amended by
Republic Act No. 7641.
(q) Paid bereavement leave of up to 15 days for death of immediate family members.
(r) All  other  benefits  such  as  sick  leave  and  vacation  leave  as  provided  under
existing labor laws and regulations.
The foregoing minimum benefits shall be without prejudice to any company
policy, contract, or Collective Bargaining Agreement providing for better terns
and conditions of employment.
SECTION 20. 4djJI./z.o#¢/ Compe#sfl[fJ.o#. - Private health workers shall receive the
following additional allowances : subsistence allowance and laundry allowance.
(a) Subsistence Allowance.  -  Private  health workers  who  are required to  render
service within the premises of hospitals, sanitaria, health infirmaries, primary or
community health facilities and other health-related establishments owned and
operated by the private sector in order to make their services available at any and
all times, shall be entitled to full subsistence allowance of three (3) meals which
may be computed in accordance with prevailing circumstances as determined by
the      Secretary      of     Labor     in     consultation     with     the      employees
associations/unions/organizations.  Subsistence  allowance  shall  be  indexed  to
inflation and subjected to review and adjustment every three (3) years.
(b) Uniform/clothing allowance for all private health workers regardless of status of
employment equivalent to five (5) sets of uniform per employee/year.
(c) Laundry  Allowance.  -  All private  health workers  who  are  required to  wear
uniforms  regularly  shall  be  entitled  to  laundry  allowance  equivalent  to  five
hundred pesos (P500.00) per month: Provided, that this rate shall be reviewed
periodically and increased accordingly by the Secretary of Labor in consultation
Page 10 of 14


withtheappropriategovemmentagenciesconcemedtakingintoaccountexisting
laws and prevailing practices.
(d) Remote assignment allowance. - Doctors, dentists, nurses, and midwives who
accept assignments as such in remote areas or isolated stations, which for reasons
of distance or hard accessibility such positions had not been filled for the last
two (2) years prior to the approval of this Act, shall be entitled to an incentive
bonus in the form of remote assignment allowance equivalent to one hundred
percent (100%) of their basic pay, and shall be entitled to reimbursement of the
cost of reasonable transportation to and from and during official trips.
SECTION 21. Haws..#g. ~ All private health workers who are in tour of duty and those
who, because of unavoidable circumstances are forced to stay in the hospital, sanitaria
or health infirmary premises, shall be entitled to free living quarters or free dormitories
within the hospital, sanitarium or health infirmary or if such quarters are not available,
shall receive quarters allowance as may be determined by the Secretary of Labor and
other appropriate government agencies  concerned: Prow.c7ec7,  That this rate  shall be
reviewed  periodically   and  increased  accordingly  by  the   Secretary   of  Labor  in
consultation with the appropriate government agencies concerned.
SECTION 22. Occxp¢fz.o#¢/ So/edy ¢„d He¢Jffo. - Occupational Safety and Health of
private health workers shall be ensured by the employer by adopting, implementing and
promoting occupational safety and health programs consistent with the provisions of
the  Occupational  Safety  and  Health  Standards  (OSHS)  and  other related  laws  and
issuances, to include prevention and control of tuberculosis, HIV AIDS, Hepatitis 8,
workplace  bullying  and  drug  use  in  the  workplace.    The  employer  shall  likewise
promote and implement policies and programs on anti-smoking, anti-sexual harassment
and  disaster and  climate  risk management.    These  Occupational  Safety  and Health
programs shall cover all health personnel regardless of the status of employment.
(a) Health and Safety Committee. The employer shall organize a safety and health
committee in accordance with the OSHS.
(b) Free  hospitalization  benefits  for  its  employees  and  discounted  services  for
immediate family members who will be confined in the hospital.
(c) Provision of Personal Protective Equipment.   All health care  institutions  are
required to provide their health workers with appropriate personal protective
equipment at no cost to health workers pursuant to the OSHS and other-related
laws and issuances.
(d) Compensation for occupational disease and/or injury and work-related disease
and/or   injury   pursuant   to   guidelines   of   the   Employees   Compensation
Commission (ECC).
(e) Social  Welfare  Benefits.  Without  prejudice  to  established  company  policy,
collective bargaining agreement or other applicable employment agreement, all
health workers shall be entitled to coverage for social welfare benefits such as
Pag-IBIG Fund (Republic Act No. 7742),  PhilHealth (Republic Act No. 7875,
as  amended by the Republic Act No.  9241),  Employees  Compensation Law
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(Presidential Decree No. 626 of 1975), and the Social Security Law (Republic
ActNo.1161,asamendedbyRepublicActNo.8282),andotherapplicablelaws.
(I) Medical Examination. - Compulsory medical examination shall be provided free
of charge to all private health workers before entering the service and shall be
repeated  once  a year during the tenure  of employment  of all private  health
workers:   Provided,   That  where  medical   examination  shows  that  medical
treatment    and/or    hospitalization    is    necessary,    the    treatment    and/or
hospitalization including medicines shall be provided free either in a government
or a private hospital by the government entity paying the salary of the health
worker:  Provided,  further,  That  the  cost  of such  medical  examination  and
treatment shall be included as automatic appropriation in said entity's amual
budget.
(g) Free  Testing.  All  health  care  institutions  shall  provide  free  testing  against
COVID-19 and other emerging or re-emerging infectious diseases pursuant to
Republic Act 11332 at no cost to the health workers.
SECTION 23. R!.gfo/ fo Sc//-Org¢#z.z¢/!.om. - All private health workers have the basic
right to self-organize or form an employees' union. Private health workers shall have
the right to freely form, join or organize all forms of actions including the rigiv to strike
and other peaceful concerted activities in order to defend and protect their basic rights
and welfare, and to obtain redress of their grievances.
SECTION 24. Freedom/ram J#fer/ereigce or Coercl.o#. - It shall be unlawful for any
person to commit any of the following acts of interference or coercion:
(a) to require as a condition of employment that a private health worker shall not
join  a health workers'  organization  or union  or shall  relinquish membership
therein;
(b)to   require   membership   to   any   professional   association   as   a   mandatory
requirement for employment;
(c) to  discriminate  in regard to hiring  or tenure  of employment  or  any  item  or
conditionofemploymentinordertoencourageordiscouragemembershipinany
health workers' organization or union;
(d) to prevent a health worker from carrying out duties laid upon him/her by histher
position  in  the  organization  or  union,  or to  penalize  him/her  for  the  action
undertaken in such capacity;
(e) to harness or interfere with the discharge of the functions of the health worker
when these are calculated to intimidate or to prevent the performance of histher
duties and responsibilities;
(I) to  otherwise  interfere  in the  establishment,  functioning,  or administration  of
health  workers  organization  or  unions  through  acts  designed  to  place  such
organization or union; and
(g) to harass or bully a health worker at the workplace at any time and circumstances.
SE:CTTOIN 2S. Consultation with Health Worker's Organization. -In ryha fo;I[][n:nlaihon
of national policies governing the social security of private health workers, professional
Page 12 of 14


and health workers, organizations or unions as well as other appropriate government
agencies  concerned  shall be consulted by the  Secretary  of Labor.  For this purpose,
Tripartite Council for national, regional and other appropriate levels shall be established
and operationalized.
Srdc"OIN 26. Health Human Resource Development/ Management Study. - The
Department    of    Labor    shall    conduct    a    periodic    health    human    resource
development/management study into, among others, the following areas;
(a) Adequate facilities and supplies to render quality health care to patients and other
client population;
(b) Continuing Professional Development. Private health workers shall be provided
by the  employer with  relevant,  appropriate  and  free  continuing professional
development to enhance their knowledge, attitudes and skills as health workers
and to improve and sustain quality health care for clients. Provz.dec7,  That CPD
units shall not be a requirement for the renewal of the Professional Regulation
Commission (PRC) identification card. Provz.dec7 /z!rzfeer,  That compliance to
CPD should not be used as a reason to affect the security of tenure of health
workers.
The employer must ensure career opportunity for health workers to grow and
develop their potentials and experience a sense of worth and dignity in their
work. Private health workers who undertake postgraduate studies in a degree
courseshallbeentitledtoanupgradingintheirpositionorraiseinpay:Provided,
that it shall not be more than every two (2) years;
(c) Free legal assistance to health workers who have work-related legal case and
provision   for   mechanisms   for   democratic   consultation   in   private   health
institutions;
(d) Staffing patterns and standard or health care to ensure that the people receive-
quality care. Existing recommendations on staffmg and standards of health care
shall be immediately and strictly enforced;
(e) Ways  and means  of enabling the rank-and-file workers to avail  of education
opportunities for personal growth and development;
® Upgrading  of working  conditions,  reclassification  positions  and  salaries  of
private health workers to correct disparity vis-a-vis other professions such that
positions requiring longer study to upgrade and given corresponding pay scale;
and
(g)Assessment  of the  national  policy  on  exportation  of skilled  health  human
resources  to  focus  on  how  these  resources  could  instead  be  utilized  for
productivity for the country's needs.
S;rmcTTOIN 2;] . Prohibition Against Double Recovery Of Benef its. ~ `WlneneIver orfuer
laws provide for the same benefits covered by this Act, the private health worker shall
have the option to choose which benefits will be paid to him/her. However, in the event
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that the benefits chosen are less than that provided under this Act, the worker shall be
paid only the difference.
SHCT\ON Z8. Prol.ibition Against Elimination and/oT Diminution. -Noidrimg .rn this
law shall be construed to eliminate or in any way diminish benefits being enjoyed by
private health workers at the time of the effectivity of this Act.
SECTION 29. Pe#a/ Prow.sJ.o#. - Any person/s who shall willfully interfere with,
restrain or coerce any private health worker in the exercise of histher rights or shall in
any manner any act in violation of any of the provisions of this Act, upon conviction,
shall be punished by  a fine  of not less than  fifty thousand pesos  (P50,000.00)  and
imprisonment of 6 months but not more than one (I) year or both at the discretion of
the court.
If the offender is a public official, the court, in addition to the penalties provided
in the preceding paragraph, may impose the additional penalty of disqualification from
offlce.
This provision is in addition to other remedies available under existing laws.
SECTION 30. BwdgeJHry Esfl."¢/e§. - The Secretary of Labor shall submit annually
the necessary budgetary estimates to implement the provisions of this Act.  Budgetary
estimates for the succeeding years should be reviewed and increased accordingly by the
Secretary of Labor in consultation with associations/unions or organizations of private
health workers.
SECTION 31. R#/c§ ¢#d jRcgw/fl!fro"s. - The Secretary of Labor, after consultation
with  appropriate  agencies  of the  Government  as  well  as  professional  and  health
workers' organizations or unions, shall formulate and prepare the necessary rules and
regulations  to  implement  the  provisions  of this  Act.  Rules  and  regulations  issued
pursuant to this section shall take effect thirty (30) days after publication in a newspaper
of general circulation.
SECTION 32. Sep¢rchJ.JJ.fy CJ¢#se. -If any provision of this Act is declared invalid,
the remainder of this Act or any provision not affected thereby shall remain in force and
effect.
SECTION 33. Repc¢JJ.#g CJ¢wse. - All laws, presidential decrees, executive orders and
their  implementing  rules,  inconsistent  with  the  provisions  of this  act  are  hereby
repealed, amended or modified accordingly.
SECTION  34.  EJj7Tec/I.vJ.fy.  -  This  Act  shall  take  effect  fifteen  (15)  days  after  its
publication in the Official Gazette or in any newspaper of general circulation.
Approved,
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