ey
IS
HOUSE OF REPRESENTATIVES {2
Quezon City, Metro Manila .
TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 531

a
RECEIVED

DATE

a

Introduced by Representative EDUARDO R. RAMA JR.

EXPLANATORY NOTE

Under the 1987 Constitution, the State recognizes the vital role of the youth in nation-building
and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. So as
to achieve this goal, investing in the welfare of children at an carly age is crucial. In view thereof,
thereof, there is a need to empower and develop those who dedicate their lives in cultivating and

forming dre youth,

Day care workers are 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 years old and below in all government-sponsored day care centers. They play a central role in
‘educating young chuldren at their tender years, and in ensunng therr safety and welfare.

Despite the immensity of their work, day care workers only receive a small honorarium, In order
to empower and bring out the best of our nation’s day care workers, itis crucial that they are provided

with security of tenure, adequate pay, benefits, and privileges.

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

aa

REP. EDUARDO R. RAMA JR.
2 District, City of Cebu


eCorunv awn

10

2

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

TWENTIETH CONGRESS
First Regular Session

HOUSE BILLNO. 931

Introduced by Representative EDUARDO R. RAMA JR.

AN ACT
INSTITUTING THE MAGNA CARTA OF DAYCARE WORKERS

AND PROVIDING FUNDS THEREFOR

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

CHAPTER 1
GENERAL PROVISIONS

S

Workers”.

SECTION 2. Declaration of Policy. ~ The State recognizcs the vital role of children and
youth in nation-building and shail promote and protect their physteal, moral, spiritual, inteltectual, 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 are charged with providing preschool education and social

development services to children,

SECTION 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 “Farly Years Act (EVA) Of

2013”, herein defined as persons primarily engaged in the provision of early child development


Cor HHewne

10
at
12
13
14
15
16
v7
18
19
20
21
22
23
24
25
26
27
28
23
30
31
32

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 daycare centers.
SECTION 4, Plantilla Positions and Security of Tenure in Day Care Centers.

one (1) Day Care Worker I and one (1) Day Care Worker II plantilla positions shall be created in all

least

day care centers nationwide. As plantilla position holders, day care workers shail be appointed under
payment 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 ciuse, due process, and prior
consultation with the concemed day care worker, Furthermore, the day care worker's preference mnust

be considered.

SECTION 5. Creation of Special Personnel Selection Board. — \ Special Personnel Selection
Board (SPSB) for day care worker positions shall be created to screen candidates and create a pool of
ten (10) qualified appiicancs for possible appointment to the subject positions. The SPSB shail 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.

SECTION 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 cransmit the same w 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 positions.

‘The local chief executive, as the appointing authority, shall cxercise sound discretion in
appointing, from the SPSB-recommended pool, a day care worker position in a particular day care

center.

SECTION 7. Qualifications, Positions and Salary Grade. — A day care worker processing

the following qualifications shall be hired to the position of:


Cornus wne

10
uv
12
B
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31

(@) Day Care Worker 1, 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 compiled with existing requisites and trainings in
catly 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, Expioitation 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,

Thar theie rerention had been recommended by their direct supervisor.

Day care workers who have no college education upon the effecrivity of this Act shall be given
‘two (2) years within which co complete equivalent training to be able to continue in the service, in
accordance with Section 12 of this Act. The necessary taining courses shall be prescribed by the
Dswn.

(b) A Day Care Worker Il, 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).

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 local social welfare officer

a

during emergency situations such as natural and man-made calamities.

DO) may require day care workers to render services beyond their requited working hours


1 SECTION 9. Code of Conduct of Day Care Workers. — Within six (6) months upon approval
2 of this Act, the Farly Childhood Care and Development Council (CCDO), in consultation with a
3 national organization of day care workers, shall formulate a Code of Conduct for Day Care Workers.
4 Each day care worker shall be provided with a copy of the Code at the expense of the government.
5
6 SECTION 10. Additional Compensation and Allowances. — Day care workers shall be
7 provided with the following additional compensation, whenever applicable:
8 (@) Overtime pay — for services rendered beyond the required working hours as prescribed in
9 Section 8 hereof. The rate of which shail be the same as prescribed in relevant civil service
10 laws and issuances;
11 (b) Hazard allowance ~ for day care workers who are consistently exposed to situations,
12 conditions, or factors in the workplace which endanger the workers’ health or life, or increase
13 the danger or tisk thereto;
14 Such risk or danger shall be determined by the local Sangguniang Barangay concerned,
15 Provided that, in no case shall the Hazard allowance exceed Php 5,000.00; and
16 (©) Subsistence allowance — for meals taken in the course of their duty within the premises of
v7 isolated day care centers, the amount of which shall be computed in accordance with prevailing
18 circumstances as determined by the local Sangguniang Barangay concerned.
19
20 SECTION 11. Other Benefits and Privileges. - Day care workers shall be entitled to the
21 following additional benefits and privileges:
22 (@) Married Day Care Workers. - Whenever possible, married couples who are both day care
23 workers shall be assigned in the same municipality or city.
24 (b) Free I egal Services. ~The Public Attomey’s Office (PAO) shall represent day care workers
25 in cases filed againse them in connection with the performance of their duces.
26 (©) Free Medical Examination and Treatment. — Annual medical examinations shall be
27 provided by government hospitals, free of charge, to all day care workers. Day care workers
2B suffering from work-related ailments shall be treated without cost in government hospitals,
29 (@) Access t Livelihood, Loans, Grants, and Skills Enhancement, - The DSWD and the
30 LGUs, in coordination with other concerned government agencies, shall provide organized
31 day care workers with a mechanism for accessing livelihood, loans, grants, and skills
32 enhancement services.


Corvrnanewune

10
1
12
2B
14
15
16
v7
18
19
20
21
22
23
24
25
26
27
28
23
30
31
32

(6) Other Benefits. — Ali 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/paternity, sick,

and vacation leaves as provided for by existing laws.

SECTION 12. Training, Education and Skills Enhancement. ~The DSW), 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.

‘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.

SECTION 13. Support from Nongovernment Organizations (NGOs). - Non-governmental
organizations (NGOs) or private voluntecr 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.

SECTION 14. Appropriations. - The amount necessary to cover the salaries and benefits of
day care workers shall be charged from the Internal Revenue Allomment (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.

SECTION 15. implementing Rules and Regulations. — Tne DSWD, CCDC, and

anda

Department of the Interior and Local Government (DILG), in consultation with the C
narional organization of day care workers, shall formulate the rules and regulations necessary to

implement provisions of this Act within six (6) months from its effectivity.


Cevrnnewne

10
i
12
B

SECTION 16. Separability Clause. ~ If any provision of this Act o any part hereof is

declared unconstitutional, the same shall not affect the validity and effectivity of the other provisions.

SECTION 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.

SECTION 18, Fiffectivity. — This Act shall take effect fifteen (15) days after its publication in

the Official Gazette or in a newspaper of general circulation

Approved,