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Sixteenth Congress ye2o13

First Regular Session

House Bill No, 2023

Introduced by HON. ROMEO M. ACOP

EXPLANATORY NOTE

Children and the youth constitute our greatest human resource for in their hands
lies the future of our nation. In recognition of this vital role of the youth in nation-building,
the Constitution mandates the State to promote and protect their physical, moral,
spiritual, intellectual and social well-being. The education of our children must begin at
the earliest possible age. The first opportunity, outside of the family, occurs when pre-
school children are left to the care and custody of day care workers in day care centers.

Thus, day care workers are in the forefront of the education and character
formation of our children. They provide our children not only substitute care while in
their custody, but as well as social development training and basic pre-school
education. Discharging such important and delicate function, day care workers in return
deserve better goverment attention with respect to the protection and promotion of
their rights and welfare. However, the current plight of day care workers indicates
conditions of abject poverty and long years of government neglect. They do not enjoy
security of tenure and are deprived of benefits enjoyed by other government employees
mandated by law.

Section 9 of Article I! of the Constitution directs the State to promote a just and
dynamic social order that will free the people from poverty through policies that provide


adequate social services, promote full employment, a rising standard of living, and an
improved quality of life for all.

This proposed measure seeks, among other things, to upgrade the salaries of
day care workers, provide them with benefits due them and to grant them with security
of tenure. As public servants, they should be entitled to social benefits provided for
under existing laws and to compensation commensurate to their duties and
responsibilities.

This bill is substantially and substantively the output of TWG meetings conducted
by the Committee on the Welfare of Children on various measures dealing with the
subject filed during the 15" Congress.

For the foregoing reasons, the immediate passage of the bill is earnestly urged.

ROMEO OP MNSA
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2™ District, Antipolo City


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Republic of the Philippines
Bouse of Representatives
Queson City, Metco Manila
Sixteenth Congress

First Regular Session

House Bill No.2023

Introduced by HON. ROMEO M. ACOP:

AN ACT
GRANTING THE MAGNA CARTA FOR DAY CARE WORKERS,
PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES

Be it enacted by 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 for Day Care
Workers’.

SECTION 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 and
moral, spiritual, intellectual and social-being. It shall then be its declared policy to
promote and improve the social well-being and economic welfare of day care workers
who provide pre-school education and social development service to the children.
Towards this end, the State shall adopt policies that will protect the rights and promote
the welfare of day care workers.


SECTION 3. Coverage - This Act covers all day care workers 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
the children in all government-sponsored day care centers.

SECTION 4. Qualifications and Positions - The minimum requirements for all
day care workers shall be

a) Must be of legal age;
b) Must be at least a high school graduate;

c) Must be certified by the Department of Social Welfare and Development (DSWD)
or DSWD-deputized entities as having completed at least four (4) hours of
training in early childhood care and development; and,

d) Must not have been convicted by final judgement of any crime.

Provided, that day care workers with at least two (2) years of college education, a civil
service sub-professional eligibility or possess a ground for exemption from taking the
civil service examination, and with more than twelve (12) hours of relevant training shall
be entitled to the position of Day Care Worker II.

Day care workers legitimately serving as such and who are of minority age upon the
passage of this Act, may continue serving as such and qualified to be covered under
this Act: Provided, that the direct supervisor of the minor-aged day care worker
recommends that said day care worker should be retained.

Qualifications and exceptions provided for in this section shall be subject to conditions
that may be imposed by the Civil Service Commission (CSC).

SECTION 5. Tenure and Transfer - No day care worker shall be removed from
office without just cause and without prior consultation with, or with prior knowledge of
the concerned day care worker.

SECTION 6. Application and Hiring - A qualified day care worker shall file an
application with the Punong Barangay of the barangay where the applicant intends to
serve who shall evaluate and forward the same with recommendation to the appropriate
office of the local government unit concerned for approval or proper disposition.


SECTION 7. Salary - Aday care worker shall receive a salary equivalent to :

a) Salary Grade Six (6) for Day Care Worker I
b) Salary Grade Eight (8) for Day Care Worker II

SECTION 8. Working Hours - A day care worker shall be required to render
eight (8) working hours a day or a total of forty (40) working hours a week : Provided,
that the municipal / city social welfare officer may require day care workers to render
services beyond their required working hours during emergency situations such as
natural and man-made calamities

SECTION 9. Additional Compensation and Allowances - Day care workers
shall be provided the following additional compensation whenever applicable

a) Overtime pay - for services rendered beyond the required working hours;

b) Hazard allowance - for being exposed to situations, conditions or factors in the
workplace which endanger the worker's health or life and/or increase the danger
of such risks in the exercise of their duties, to be validated by the local
Sangguniang Barangay concerned; and,

c) Subsistence allowance - for services rendered within the premises of isolated
barangay day 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 local Sangguniang Barangay concerned.

SECTION 10. Other Benefits and Privileges Due to Day Care Workers - All day
care workers shall all also be entitled to the following :

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 Join an Organization - Day care workers shall have the freedom to
organize themselves and under no circumstances may be dismissed from work
‘on the basis of such membership;

Free Legal Services - Legal representation and consultation services for
barangay day care workers shall be immediately provided by the Public
Attorneys’ Office (PAO) in all cases filed by or against them arising out of or in
connection with the performance of their duties;

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d) Free Medical Examination and Treatment - Pre-employment and 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; and,

e) Other Benefits - All day care workers shall automatically become members of
the Government Service Insurance System (GSIS), PAG-IBIG and PhilHealth,
and shall be entitled to maternity / paternity, sick and vacation leaves as provided
by existing laws

SECTION 11. Training, Education and Skills Enhancement - The DSWD, in
coordination with the Department of Education (DepEd), Commission on Higher
Education (CHED) and the Technical Education and Skills Development (TESDA), shall
provide for a system of continuing education and skills training and knowledge
enhancement programs for day care workers.

A ladderized system of education which shall provide for the recognition of the actual
work experiences of day care workers and accrediting them into formal academic and/or
training units shall be adopted by the DepEd, CHED and TESDA.

SECTION 12. Code of Conduct of Day Care Workers - Within six (6) months
upon approval of this Act, the DSWD, in consultation with the national organization of
day care workers, shall formulate a Code of Conduct for Day Care Workers. Each day
care worker shall be provided a copy of the Code at the government's expense.

SECTION 13. Penalties - Any person found violating any of the provisions of this
Act shall be punished with a fine of not less than Five thousand pesos ( P 5,000.00)
and/or imprisonment of not less than one (1) month but not more than two (2) months,
at the discretion of the court,

SECTION 14. Implementing Rules and Regulations - The DSWD and the
Department of the Interior and Local Government (DILG), in consultation with the CSC
and the national organization of day care workers, shall, within six (6) months from the
effectivity of this Act, formulate and promulgate the rules and regulations necessary for
the implementation of this Act.

SECTION 15. Appropriations - Salaries and benefits of day care workers shall
be charged against the local government units concemed : Provided, that the national
government shall provide subsidy for the purpose to fourth, fifth and sixth class
municipalities which shall not exceed fifty percent (50%) of the required appropriations,
and which shall be included in the General Appropriations Act.


SECTION 16. Separability Clause - If, for any reason, any part of the provisions of
this Act shall be held unconstitutional or invalid, other parts or provisions hereof which
are not affected thereby shall continue to be in full force and effect.

SECTION 17. Repealing Clause - Republic Act No, 6972, otherwise known as the
‘Barangay-Level Total Development and Protection of Children Act’ is hereby repealed,
and all laws, presidential decrees, executive orders, rules and regulations, or parts
thereof inconsistent with the provisions of this Act, are hereby repealed or modified
accordingly.

SECTION 18. Effectivity Clause - This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved.