Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

House Bill No. 21 8

Introduced by Representatives
MIKAELA ANGELA B. SUANSING and HORACIO P. SUANSING, JR.

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

EXPLANATORY NOTE

The State recognizes the vital role of children and youth in nation-building. Cognizant
of this role, it shall promote and protect their physical, moral, spiritual, intellectual, and social
well-being.

In order to ensure that our young children will grow up with the proper values and
guidance, families usually entrust their care and early education to child development workers.
Section 4 of Republic Act No. 10410 or the Early Years Act (EYA) of 2013, Child Development
Workers, more commonly known as Day Care Workers, regard them as among those who are
directly responsible for the care and education of young children from age zero (0) to four (4)
years. As secondary parents, Day Care Workers play an important role in character molding and
personality development as the first eight years of a child is considered as the most formative
and crucial stage in growth and development. However, despite this crucial role, Day Care
Workers do not enjoy the benefits of a regular employee. Regrettably, under our present law,
Day Care Workers are only entitled to receive a monthly allowance of not less than five hundred
pesos (PHP 500.00), which is insufficient given their daily needs.

Further, decentralization of child care services also contributes to the dismal economic
situation of Day Care Workers. Due to local budgetary constraints, Day Care Workers are often
not provided with the proper training, conducive working conditions and adequate materials for
them to effectively carry out their functions. Changes in leadership also put their employment
at a greater risk as they are not shielded from political discretionary powers. While several local
government units have already instituted local policies to promote the retention and welfare of
Day Care Workers in service! much still needs to be done on a national level. A national policy
will ensure that all Day Care Workers across the country are accorded with the same rights,

' The Philippines Combining Training with Job Security to Improve the Quality of the Childcare Workforce.

Retrieved from: hitps://www.r4d.org/wp-contentuploads/Brief-Philippines.pdf


benefits, and privileges commensurate with their complementary role in child care and
development.

In recognition of our front liners in the provision of child care services, this bill seeks to
improve the social and economic welfare of Day Care Workers by granting them benefits and
privileges. This bill then mandates the creation of plantilla positions in all Day Care Centers
nationwide, allowing them to enjoy security of tenure and other benefits provided under Civil
Service rules and regulations. They shall also be duly entitled to receive other additional
compensation and allowances such as overtime pay, hazard pay and subsistence allowance.

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

Gm

HORACIO P. SUANSING, JR.
2nd District of Sultan Kudarat

2 This bill was filed by Reps. Horacio P. Suansing, Jr. and Estrellita B. Suansing during the Eighteenth Congress.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

218

House Bill No.

Introduced by Representatives
MIKAELA ANGELA B. SUANSING and HORACIO P. SUANSING, JR.

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.”

SECTION 2. Declaration of 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.

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 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.

SECTION 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.


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SECTION 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.

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 submit
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
selecting from the SPSB-recommended pool the most qualified for appointment to the day
care worker position in a particular day care center.

SECTION 7. Qualifications, Positions and Salary Grade. — A day care worker
possessing the following qualifications shall be hired to the position of:

(a) Day Care Worker I, 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. 7160,
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 has been recommended by their direct supervisor.


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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).

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 and development officer (LSWDO) may require day care workers to render services
beyond their required working hours during emergency situations such as natural and
manmade calamities.

SECTION 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.

SECTION 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 concemed; 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 concemed.

SECTION 11. 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. 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/paternity, sick, and vacation
leaves as provided for by existing laws.

SECTION 12. Training, Education and Skills Enhancement. The DSWD, in
coordination with the Department of Education (DepEd), Commission on Higher Education
(CHED) and 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 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. 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 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.

SECTION 15. Implementing Rules and Regulations. - The DSWD, ECCDC, and the
Department of 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

SECTION 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.

SECTION 17. Repeating Clause. — Republic Act No. 6972, otherwise known as the
“Barangay-Level Total Development and Protection of Children Act" and all laws, decrees,
tules and regulations, and executive orders contrary to or inconsistent with this Act are
hereby repealed or modified accordingly.

SECTION 18. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,