Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

House BILL No._1830

Introduced by Rep. Ray Florence T. Reyes

EXPLANATORY NOTE

Children are an essential part of our society, and we acknowledge that they and
the youth are an integral part of our nation-building. We must, therefore, ensure that
our children can grow up in a caring and nurturing environment to be able to develop
their social skills and talents at an early age forn them to reach their maximum potential
and grow into well-rounded citizens.

While the main responsibility of ensuring that children have access to quality
care falls under their parents and families, many children spend much of their early
years in the supervision of day care workers. However, while our day care workers
provide te necessary guidance to children under their care, there is a dearth of proper
legislation that protects their rights and affords them a proper liveable wage.

This representation hopes that the State can provide our day care workers with
proper compensation, training, and the necessary support such as permanent plantila
positions and security of tenure as they are a vital cog in the government's drive
towards taking care of our children during their formative years.

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

RAYAL' E 7. REYES
Representative, ANAKALUSUGAN Partylist



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1830

Introduced by Rep. Ray Florence T. Reyes
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, pelea 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 (EY A)", 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 | 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.

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 SPSS-recommended pool the most qualified for appointment to
the day ci worker position in a particular day care center.

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

(a) Day Care Worker |, 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

| (6) 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 had been recommended by their direct supervisor.

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 Il, 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 na 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
[Senaguniang 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 shalll 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 Nongovernment Organizations (NGOs). -
Nongovernment 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 Intemal Revenue Allotment
(IRA) and the Special Education Fund of LGU s concemed: Provided, That the national
government shall provide subsidy for at least one (I) 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 provistons.

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. 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,