F REP I \TATIVES

SEVENTEENTH CONGRESS,
First Regular Session

848

REGISTRATION UNIT
BILLS AND INDEX SERVICE

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é i
RECEIVED |

are. 04 JUL 2018
Republic of the Philippines DATE: __- |
HOUSE OF REPRESENTATIVES} TIME:, cn a) |
Quezon City, Metro Manila BY: |

House Bill No.

Introduced by HON. LINABELLE RUTH R. VILLARICA
4™ DISTRICT, BULACAN

EXPLANATORY NOTE,

As caretakers of children in the absence of their parents who work during the day or even
beyond the call of duty, day care workers deserve only the best treatment by the State, In their
hands are the future leaders and foremost personalities in Philippine politics, business, science
and technology, culture and the arts, Day care workers must effectively discharge their duties
and responsibilities, ‘These can only be achieved if the State equips them with the appropriate
incentives and benefits in addition to the training they have to undergo.

Presently, however, the 50,909 or so strong day care workers across the country are
bereft of the appropriate salary and other appurtenant benefits, making them less efficient in
performing their functions. This proposed bill seeks to address this issue.

During the 16" Congress, a substitute bill on this subject was approved on 2™ Reading by
the House Plenary. Due to time constraints, however, no further action was taken, This bill is
filed for the consideration of the 17" Congress.

Support for the enactment of this measure is earnestly requested.

Sei Laren!

REP. LINABELLE RUTH R. VILLARICA.


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

SEVENTEENTH CONGRESS
First Regular Session

4
House Bill No,_ 848

Introduced by HON. LINABELLE RUTH R. VILLARICA.
4TH DISTRICT, BULACAN,

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. Title. ~'This Act shall be known as the “Magna Carta of Day Care Workers”.

SEC. 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, 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,

SEC, 3. Coverage. ~ This Act covers all day care workers, also referred to as Child
Development Workers in R.A. 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 the children aged
four (4) years old and below in all government-sponsored day care centers.

SEC. 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 governed by Civil Service rules and regulations. No day care worker shall be removed or
transferred without just cause, due process, or prior consultation with the concerned day care worker.



SEC. 5. Recruitment and Selection/Creation of Special Selection Board. ~ Upon publication and
posting by the local Human Resource Management Office (HMRO) of vacant permanent day care
workers positions in particular day care centers, all qualified applicants shall submit their application
together with complete requirements to the Punong Barangay who shall forthwith transmit the same to
the HMRO 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,

Special Personnel Selection Board (SPSB) for day care worker positions shall be created to
sereen 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 chair, the Punong Barangay, Local Health Officer, Human Resource Management Officer and local
government unit (LGU) first level employees’ representative as members.

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.

SEC. 6. Qualifications, Positions and Salary Grade. - A day cate worker possessing the
following qualifications shall be hired to the position of Day Care Worker I, and entitled to Salary
Grade Six (6):

1). Must be of legal age: Provided, That 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, further,
‘That their retention had been recommended by their direct supervisor;

2.) Must have completed at least two (2) years of college education: Provided, That 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 9 hereof. The necessary training courses shall be prescribed by the
Department of Social Welfare and Development (DSWD);

3.) Must be certified by the DSWD or DSWD-deputized entities as having 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 pertinent to R.A. No, 7610, otherwise known as Speciat
Protection on Children against Child Abuse.

A day care worker who possesses all the above qualifications, has at least five (5) years of
working experience as such, and has completed more than twelve (12) hours of relevant training, shall
be hired as Day Care Worker II, and entitled to Salary Grade Eight (8).

Qualifications and exceptions applicable to this Section shall be subject to conditions imposed
il Service Commission (CSC).



SEC. 7, 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 under
Section 12 hereof;

b. Hazard Allowance ~ for being exposed to situations, conditions or factors in the workplace
which adversely endanger the workers' health or life and or increase the danger or risk in the exercise
of their duties, Such risk or danger shall be determined by the local Sangguniang Barangay concerned;
and

c. Subsistence Allowance ~ for services rendered within the premises of isolated 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.

SEC. 8. 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. Right to Self-Organization — Day care workers shall have the freedom to organize themselves,
and under no circumstance may be dismissed from work on the basis of membership in such
organization;

cc. Free Legal Services — The Public Attorney's Office (PAO) shall represent day care workers in
all cases filed against them in connection with the performance of their duties;

d. 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;

c. Preferential 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; and

f. 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/patemnity, sick and
vacation leaves as provided by existing laws.

SEC. 9. 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 Authority (TESDA), shall provide for a system of continuing
‘education and skills, training and knowledge enhancement programs for day care workers,

3



‘An equivalency system of education, which shall provide for the recognition of the actual work
experiences and prior learning of day care workers, shall be adopted by the DepEd, CHED, and
TESDA for possible accreditation into formal academic or training units.

SEC. 10. 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. As such, all day care
centers are allowed to accept any assistance or support from NGOs.

SEC. 11. Code of Conduct of Day Care Workers. ~ Within six (6) months upon approval of this
Act, the Early Childhood Care and Development (ECCD) Council, 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 with a copy of the Code at the expense of the government.

SEC. 12. 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 may
require day care workers to render services beyond their required working hours during emergency
situations such as natural and man-made calamities.

SEC. 13. Implementing Rules and Regulations. - The DSWD, the ECCD Council and the
Department of the Interior and Local Government (DILG), in consultation with the 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 from its effectivity.

SEC. 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
(SEF) 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 R.A.
No. 10410 as well as additional funds generated from donations, fees and contributions collected by the
ECCD Council from whatever source shall also be set aside for the purpose.

SEC. 15. Penal Provisions. — Any person who violates any provision of this Act shall be
punished with a fine of not less than Five Thousand Pesos (Php 5,000.00) or imprisonment of not less
than one (1) month but not more than two (2) months, or both, at the discretion of the court.

If the offender is a public official, the offender shall, in addition to the penalties stated above, be
dismissed from government service and shall be perpetually disqualified from assuming any public
office.

SEC. 16. Separability Clause. ~ If any provision of this Act or any part thereof, is declared
unconstitutional, the same shall not affect the validity and effectivity of the other provisions.


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

SEC. 18. Effectivity. ~ This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspapers of general circulation.

Approved,