Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

THIRTEENTH CONGRESS

First Regular Session
House Billo. 221

Introduced by Hon. Rozzano Rufino B. Biazon

EXPLANATORY NOTE

The total development of children into productive individuals and members of the
society is primarily the responsibility of the parents, However, ensuring the general welfare
of our people is the state's primary concern, Thus, whenever parents are forced to pass on the
care of their children, the state must provide the means to ensure the continuity of, as well as
sufficient and effective, parenting. One such measure provided by the state is the Day Care
Service.

A big load of responsibility in childhood development falls on the shoulders of Day
Care Workers, the moment children are left in their care. Hence, we consider them
“partners” of many parents in providing early education to our children. And though Day
Care Workers are among the most hardworking and committed service providers to our pre-
school children, they are not given the security of tenure, the salary and compensation due
the service that they have rendered.

Sadly, there is no law that protects the interest of one of our most important service
providers. Until now Day Care Workers are only receiving a meager monthly allowance of
P500 as provided for by Republic Act 6972 or the Day Care Law, a measure that rationalized
the establishment of Day Care Centers in every barangay.

Having no security of tenure renders Day Care Workers vulnerable to the whims and
caprices of politicians. Such a situation can undoubtedly have an adverse effect on the
quality of service that they give to our children. To put a stop to this incorrigible practice,
the state should guarantee their security of tenure, and accord them compensation or salaries
equivalent to their expertise and workload.

The proposed measure secks to promote, protect and improve the social and
economic welfare of Day Care Workers. It also aims to professionalize the sector that
provides substitute parenting to our children. Securing the welfare of our Day Care Workers
means ensuring the quality of service that they render to our children.

For this reason, the approval of this bill is sought.

ROZPANO Ri A B, t,
sentative
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
THIRTEENTH CONGRESS
First Regular Session

House BillNo._ 224

Introduced by Hon. Rozzano Rufino B. Biazon

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 Philippines in
Congress assembled:

SECTION 1. Title. - This Act shall be known and cited as the “Magna Carta for
Day Care Workers”,

SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to
protect, promote and improve the social and economic status of day care workers. To this
end, the State shall adopt policies that will protect the rights of day care workers, and
promote and improve their welfare.

SECTION 3. Coverage. — This Act shall cover all persons engaged in providing
Early Childhood Development in government sponsored day care centers whose primary
function is to assist in the care of the children and provide social development, education,
and other needs of the children.

SECTION 4. Qualification. — A day care worker must be of legal age, possesses a
career sub-professional eligibility and must be trained in Early Childhood Care and
Development. Provided, however, that the incumbent day care worker who has been serving
for the last five (5) years upon approval of this Act and does not meet prescribed educational
qualification standard shall not be disqualified; Provided, further, That such day care worker
shall finish the day care worker training course provided by the Department of Social
Welfare and Development (DSWD) within one (1) year of effectivity of this Act.

SECTION 5. Recruitment. — A qualified day care worker shall file his/her
application with the local government unit concerned. Under no circumstances shall an
applicant for the position of day care worker be discriminated against on the basis of gender,
religion, age, status, race, or political affiliation.

SECTION 6. Salary. — A day care worker shall receive a salary equivalent to

Level 1 - High School level to below second year college and a length of
service of at least five (5) years shall receive salary equivalent to salary grade

Level 2 — Second year college level shall receive salary equivalent to salary
grade 8; and


Level 3 — College graduate level shail receive salary equivalent to salary grade
10.

SECTION 7. 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
municipal social welfare officer may require a day care worker to render services beyond
his/her required working hours during emergency situations such natural and man-made
calamities.

SECTION 8. Additional Compensation and Allowances. — Day care workers shall
be provided additional compensation for services rendered beyond the required working
hours.

Day care workers assigned to hazardous places shall be given hazard pay.

SECTION 9. Married Day Care Workers. — Whenever possible, married couples
who are both day care workers shall be assigned in the same municipality or city.

SECTION 10. Transfer and Tenure of Office. - No day care worker shall be
transferred from one center to another without his/her prior knowledge and/or consent.

As provided under existing laws, no day care worker shall be terminated from work
without due cause.

SECTION 11, Leave Benefits. — As provided for in existing laws, a day care worker
is entitled to matemity/paternity, sick and vacation leaves.

Day care workers with outstanding work performance based on evaluation may avail
of study leave,

SECTION 12. 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
free of charge in government hospitals.

SECTION 13. Insurance and Retirement Benefits. — Qualified day care workers
shall automatically become members of the Government Service Insurance System (GSIS).

Day care workers, having fulfilled the age service requirements of the applicable
retirement laws, shall be given a one-step salary grade increase upon retirement which shall
be the basis of computation of retirement pay and other retirement benefits,

SECTION 14. Freedom to Organize. — Day care workers shall have the freedom to
organize themselves without prior communication with the local government units to which
they are assigned.

Organizations of day care workers shall be consulted in the formulation of national
policies and programs that will benefit the sector.

Under no circumstances shall any day care worker be dismissed on the basis of
his/her membership in any organization of day care workers,

SECTION 15. Code of Conduct for 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 worker. Each day care worker
shall be provided a copy of the code.


SECTION 16. Support from Non-government Organizations. — Non-government
organizations or private volunteer organizations are hereby encouraged to assist the
government in the implementation of programs and projects for day care workers.

SECTION 17. Implementing Rules and Regulations. - The Department of Interior

and Local Government (DILG) and the DSWD, in consultation with the Civil Service
Commission (CSC) and the national organization of day care workers shall formulate the
rules and regulations necessary to implement the provisions of this Act within six (6) months
of its effectivity.

SECTION 18. Appropriations, — Salaries and other benefits of day care workers
shall be charged to the local government units concerned. Training needs of day care
workers shall be charged to the annual appropriations of the DSWD.

SEC. 19. Penal Provision. — Any person who violates the provisions of this Act shall be
punished with a fine of not less than Five Thousand Pesos (PS, 000.00) and/or imprisonment

of not less than two (2) months but not more than one (1) year, or both at the discretion of the
court.

If the offender is a public official, he/she shall, in addition to the penalties stated
above, be dismissed from government service.

SECTION 20. Separability Clause. — If any provision of this Act is found to be
unconstitutional, the remainder of this Act shall remain valid and subsisting.

SECTION 21. Repeating Clause. — All laws, decrees, executive orders, and rules
and regulations inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 22. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any newspaper of general circulation.

Approved,