RECE

Seventeenth Cong1
First Regular Session

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HOUSE BILL NO, 8580

Introduced by Honorable Peter M. “Sr. Pedro” Unabia

EXPLANATORY NOTE
This bill seeks to institute the magna carta of day care workers.

‘The crucial role of day care workers as volunteer frontline workers in the
barangays cannot be overemphasized. Under a non-regular employment, they
render volunteer services to help implement the social and mental development
programs and projects for young children in the barangays. Several laws have
been passed to recognize the important service that day care workers perform in
the accredited day care centers where they are assigned.

Presidential Decree (PD) No. 1567 also known as the “Barangay Day
Care Center Law of 1978” provides for the establishment of a day care center in
every barangay. The day care center is staffed with at least one (1) female day
care nursery worker of good physical health to provide substitute parental care
and services for the young children’s social and mental development.

In 1990, PD 1567 was amended by Republic Act (RA) No. 6972,
otherwise known as the “Barangay-Level Total Development and Protection of
Children Act,” which strengthened the capabilities of day care centers, It
provided for the total development and protection of children up to six years old
and granted monthly allowance of at least Five Hundred Pesos (P500.00) for
day care workers, among others.

In 2013, RA 10410 or the “Early Years Act (EYA) of 2013” was approved.
It recognized the various professionals, paraprofessionals and volunteer
caregivers, including day care workers, as Early Childhood Care and
Development (ECCD) service providers who are directly responsible for the

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care and education of young children from age zero to four years through the
various centers and home-based programs.

Day care workers are hired under a non-regular employment subject to
the discretion of the local chief executive where the day care center is located.
‘The compensation of a Day Care Worker I and a Day Care Worker II in the
barangay is equivalent to Salary Grades 6 and 8, respectively, provided under
Republic Act No. 6758, as amended, otherwise known as the “Compensation
and Position Classification Act of 1989.” Despite the non-regular employment,
modest allowance and benefits that day care workers reccive, they still continue
to perform their tasks and remain to be dedicated public servants who strive for
the optimal growth and development of the country’s young children.

This proposed measure aims to promote efficiency, integrity and
responsiveness of day care workers in the provision of carly childhood
development services and programs by providing them security of tenure and
prescribing work standards and qualifications.

To ensure that young children, aged four years and below, receive high-
quality carly education and social development services in their formative years
from a qualified, well-compensated, appropriately educated, and competent day
care worker, approval of this bill is carnestly sought.

PETE) 0” UNABIA.
N


waanueen—

Seventeenth Congress.

Introduced by Honorable Peter M. “Sr. Pedro” Unabia

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

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled.

TION 1. Short Title, — This Act shall be known as the “Magna
Carta of Day Care Workers.”

SEC. 2. Declaration of State Policy, — It is hereby declared the policy
of the State to protect and advance the interests of day care workers by
improving their social and economic well-being including their terms of
employment, It shall also develop the specialized skills and capabilities of day
care workers consistent with national efforts to the realization of a high-quality
early education and social development services to young children, Towards this

end, the State shall provide security of tenure for day care workers, prescribe

work standards, qualifications, relevant work experience and training in order to

promote efficiency, integrity and responsiveness of those engaged in the


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provision of early child development services and programs.

SEC.3. Coverage. — This Act covers all day care workers, also

referred to as Early Childhood Care and Development (ECCD) service

providers in Republic Act (RA) No. 10410, otherwise known as the “Early

Years Act (EYA) of 2013,” who are directly and primarily engaged in providing
carly childhood 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 barangay day care centers.

SEC.4.  Plantilla Positions, Qualifications and Salary Grade. — At
least one (1) Day Care Worker I and one (1) Day Care Worker II plantilla
positions entitled to compensation equivalent to Salary Grade Six (6) and Salary
Grade Bight (8), respectively, under Republic Act No. 6758, as amended,

otherwise known as the “Compensation and Position Classification Act of

1989,” shalll be created in each barangay day care center nationwide.

a) In order to qualify for the position of Day Care Worker I, a person:

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 and Welfare
Development (DSWD) 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. 7610,


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otherwise known as the “Special Protection of Children Against Child Abuse.”

b) A day care worker who possesses all the above qualifications who
has at least five (5) years working experience as day care worker in a barangay
day care center and completed at least twelve (12) hours of relevant training,
shall be hired as Day Care Worker II.

c) A day care worker who is only seventeen (17) years of age upon
the passage of this Act shall continue to serve as a day care worker under this.
Act: Provided, That their retention had been recommended by their direct
supervisors.

d) Day care workers who have no college education upon the
effectivity of this Act are given two (2) years within which to complete the
equivalent training to be able to continue in the service.

e) — Qualifications and exceptions applicable to this section shall be

subject to conditions imposed by the Civil Service Commission (CSC).

.5. Incentives, Benefits and Security of Tenure. ~ In recognition

of their services, all day care workers who are actively and regularly performing

ction 4 of this Act

their duties and possess the qualifications provided under

are entitled to the following incentives and ben

a) Overtime pay for services rendered beyond the required working
hours as prescribed in Section 6 hereof;

b) Hazard allowance for being exposed to situations, conditions, or
factors in the workplace which adversely endanger the health or life of the

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worker, 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;

c) Subsistence allowance for services rendered within the premises of
remote day care centers equivalent to the meals they take in the course of their
duty which are computed in accordance with prevailing circumstances as
determined by the local sangguniang barangay;

d) Membership with the Government Service Insurance System,
Home Development Mutual Fund and Philippine Health Insurance Corporation,

subject to premium payments by both employers and employees;

e) Maternity or paternity leave, sick leave and vacation leave as
provided for by existing civil service rules and regulations; and

f)  Assecond grade eligibility for those who have rendered at least five
(5) years continuous service.

Should the day care worker, thereafter, becomes a regular employee of
the government, the total number of years served as day care worker shall be
credited to the employee’s service in computing the retirement benefits.

No person duly accredited as a day care worker under this Act shall be
removed from office except for valid cause as prescribed under existing civil
service rules and regulations and only after due notice and hearing.

SEC. 6. Working Hours, — A day care worker is required to render

cight (8) working hours a day or a total of forty (40) working hou

s a weel
Provided, That the local social welfare officer may require day care workers to

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render services beyond their required working hours during emergency

situations including the occurrence of natural and man-made calamities,

».7. Penal Provision. ~ Any person who denies the grant of

incentives, benefits and security of tenure to a day

care worker as provided

under §

ion 5 of this Act shall be punished with a fine of not less than
Twenty-five thousand pesos (P25,000.00) or imprisonment of not less than one
(1) month but not more than two (2) months, or both, at the discretion of the

court.

Implementing Rules and Regulations. — Within six (6)
months from the approval of this Act, the Secretary of Social Welfare and
Development, the Chairperson of the Early Childhood Care and Development
(ECCD) Council and the Secretary of the Interior and Local Government, in

consultation with the Civil Service Commission and a national organization of

day care workers, shall formulate the necessary rules and regulations for the

Act.

effective implementation of the provisions of thi

SEC. 9. Funding Source. ~ The amount nec

ry to carry out the
provisions of this Act shall be charged from the internal revenue allotment and

the Special Education Fund of the local government unit concemed. ‘The

Department of Social Welfare and Development shall provide subsidy to at least

one (1) day care worker per barangay day care center in fourth, fifth, and sixth

class municipalities. A portion of the contribution of the Philippine Amusement

and Gaming Corporation as provided under Republic Act No. 10410, as well as


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additional funds generated from donations, fees and contributions collected by

the E¢

‘CD Council from whatever source shall also be set aside for the purpose.
SEC. 10, Repealing Clause. — All laws, decrees, orders, rules and
regulations, and other issuances, or parts thereof which are inconsistent with the

provisions of this Act are hereby repealed, amended or modified accordingly.

SEC. 11. fectivity. This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation.

Approved,