Republic ofthe Philippines
HOUSE OF REPRESENTATIVES & RECEIVED ”
Quezon City, Metro Manila 30 iW 205

TWENTIETH CONGRESS
First Regular Session

533

Introduced by Representative EDUARDO R. RAMA JR.

House Bill No.

EXPLANATORY NOTE

With the undaunting presence of the CUVID-19 virus for the last two years, dealing with
seemingly endless and unforeseen struggles has taken a toll on majority, if not all, Filipinos. Aside from
economic and social sentiments, the people’s clamor for better health cafe services from both public and
private health care institutions is at its highest.

What most fail to realize, however, is that health care institutions are only as good as the health workers
‘comprising them. Health workers play a vital role in setting the standatd and quality of health care for
the general population, In fact, the S8th World Health Assembly recignized the “centrality of haman

health for the effective operstion of comtry
innovative strategies to maximize health professionals’ contributions.

‘The Philippine government has taken strides to instill the importance af health workers? ries in
cffectively carrying out health programs and projects through laws and issuances such as the Magna Carta
of Public Health Workers. In July 2020, the Department of Budget and Management issued Budget
Gireuiar 2020-4, increasing the salary of entry-ievel nurses from about PAPZZ,3i0 - PhPZ4.39i to
PhP32,053 - PhP34,8111. While commendable, this has unduly created a disparity of benefits and
Privileges between public health workers and privare health workers. More so, these are but meager
amounts compared to the salaries received by their ASEAN counterparts.

‘This Bill, the “Magna Carta of Private Health Workers”, strives to level the playing field beeween
public and private health workers, and aims to afford them with the benefits and safeguards they deserve.
While it will substantially mirror the Magna Carta of Public Health Workers, this Bill secks to implement
a minimum wage rate for nurses and other health workers, subject to the increases deemed appropriate
by a tripartite body.

‘This Bill will not only serve as a concrete legal foundation for private health workers’ financial sceurity.
but also as a memento signifying a nod tw the warriors positioned! at the frontlines of this global
pandemic.

‘Support for the enactment of this measure is eamestly sought.

oe

REP. EDUARDO R. RAMA, JR.
2 District, City of Cebu


SRR

20

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Quenn ity, Metro Manila

‘TWENTIETH CONGRESS
First Regular Session

House Bill No. 933

Introduced by Representative EDUARDO R. RAMA JR.

AN ACT CREATING MAGNA CARTA FOR PRIVATE HEALTH WORKERS
AND PROVIDING FUNDS THEREFOR

eit enacted the Senate and House of Representatives of the Philippines in Congress assembled

SECTION. 1. Title. This Au shall be known 4s the “Magna Carta of Private Health Workers.”
SECTION. 2. Declaration of the Policy. ‘The State shall instill health consciousness among our people
w effectively carry out the health programs and projects to the government essential for the growth and

health of the nation. Towards this end, this Act aims:

(a) to promote and improve the social and economic well-being of the health workers, their
living and working conditions and terms of employment;

(b) to develop their skills and capabilities in order that they will be more responsive and berter
equipped to deliver health goods, services and programs.

SECTION. 3. Definition. For purposes of this Act, “private health workers” shall mean all persons
who are engaged in health and health-related work, and all persons ns employe, in private health care

SECTION. 4. Recruitment and Qualification. R.
respect tothe selection and appointment ofa privat health worker shall hc developed by the concerned
employer in accordance with policies and standards of the Department of Labor and Employment
(DOLL); Provided, that in the absence of appropriate eligible and it becomes necessary for the public
interest to fill a vacancy, a probationary period of three (3) months shall be issued to the person who
meets the partial requirement for the position which he/she is being engayred.

SECTION. 5. Transfer or Geographical Reassignment of Private Health Workers.

(@) a“ transfer” is a movement from one position to another which is of
equivalent rank, level or salary without break in service;

(b) a “geographical reassignment”, hercinafter referred to as “reassignment,” is a movement
from one geographical location to another; and


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(© private heaith worker shail not be transferred and/or reassigned, except when made in
the interest of public service, in which case, the employee concerned shall be informed of
the reasons therefore in writing,

If the private health worker believes that there is nu justification for the transfer and/or
reassignment, he/she may appeal his/her case to the DOLE, which shall cause his/her
reassignment to be held in abeyance; Provided, further, that the necessary expenses of the
transfer and/or reassignment and that his/her immediate family shall be paid for the

employer

SECTION. 6. Married Health Workers. To an extent that is reasonable with the prevailing working
conditions of the private health care institution, the proper authorities shall rake steps to enable married
couples, both of whom are private health workers, to be employed or assigned in the same unit, section,
department, or division of the private health care institution. Provided, that the same shall take primordial

jotupiion of bubs cave scrvines,

SECTION. 7. Right to Security of Tenure. All private health workers shall enjoy security of tenure
in their employment as provided by law. Their services chall not be terminated except for j
authorized causes pursvant (o the provisions of the Labor Code, as renumbered, and subject « the
requirements of due process; Provided, that if a private health worker is found by the DOLE to be
unjustly dismissed from work, he/she shall be entitled to reinstatement without loss of seniority rights
and his/her back wages, with ewelve percent (12%) interest, from the time his/her compensation was
withheld up to time of actual reinstatement.

ot OF

SECTION. 8. Nature of Employment. When the employer contracts or subcontracts the
performance of a work that is necessary or desirable to the hospital or health facility, the worker of
‘workers supplied by a third person ur party under this paragraph shall be considered regular employees
or employees of the principal employer.

Project-based employees are considered regular employees for the duration of the project. Fur this
purpose, Project-based employment refers to employment in an existing project or undertaking, the
nature of which is temporary and the completion or termination has been determined and made known
to the employee at the time of the engagement.

SECTION. 9. Discrimination Prohibited. A private health worker shall not be discriminated against
with regard to age, gender, gender identity, civil status, qualified person with disability, creed, religious
or political beliefs and ethnic groupings in the exercise of his/her profession.

SECTION. 10. No Understaffing /Ovetloading of Health Staff. There shall be no

understaffing or overloading of private health workers. The ratio of health staff to patient load shall be
such as to reasonably effect a sustained delivery of quality health care at all times without overworking
the private health worker and over extending his/her duty and service. Health students, trainees and
apprentices shall be allowed only for purposes of taining and education and shall not be allowed to

perfusi dhe tasks beyond heir acadbeuie aied praccical cassie

In line with the above policy, substitute officers or employees shall be provided in place of officers or
‘employees who are on leave for over three (3) months.

‘The DOLE, upon consulkation and in coordination with the Departmen: of Health (DOH) as well as
professional and health workers’ organizations or unions, shall define the parameters determinative of
the existence of understaffing/ overloading through the implementing rules and regulations of this Act.

SECTION. 11. Administrative Charges. insofar as consistent with the provisions of the Labor Code,
administrative charges against a private health worker are encouraged 1 be heard by a committee



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composed of an Ethics and/or Grievance Committee, union represcntative where the private heaich
worker belongs, a representative of any existing employees’ association or union and/or representative
of a national or provincial health workers’ organization. The committee shall submit its findines and
recommendations to the concerned administrative body within thirty (30) days from the termination of
the hearings.

SECTION. 12. Duties and Obligations. The private health workers shall
(a) discharge his/her duty humanely with conscience and divnity,

(©) perform his/her duty with utmost respect for life, race, ender, religion. nationality, party
policies, social standing or capacity to pay.

SECTION. 13. Code of Conduct. Within six (6) months from the approval of this Act, the Sectetary

workers’ organization, shall formulate and prepare a Code of Conduct for Private Health Workers, which

shall be disseminated in the Official Gazette, in all private health care institutions, and as well as all
private and public medical programs.

SECTION. 14. Regular Hours of Work. The regular hours of work o any private health worker shall
not exceed eigint (8) hours a day, for five (5) days a week, or a total (40) hours a week, exciusive
of time for meals, Hours worked shalt include:

{a} all the time daring whieh a private health worker ig requincd tu be un active duty uF (0 be
at a prescribed workplace;

(©) all the time during which a private health worker is suffered or permitted to work;

(©) all the time during which a private health worker is suffered or permitted to work;
Provided, that the time when the private health worker is placed on "On Call" status shall
not be considered as hours worked but shall entitle the private health worker to an "On
Cal" pay equivalent mone hundred percent (10%) nF his Sher regular wage

"On Call” status refers to a condition when private health workers are called upon to respond to urgent
or immediate need for health or medical assistance or relief work during emergencics such that he/she
cannot devote the time for his/her own parpos

SECTIGN. 15. Gverime Work.
national threat of loss of life), any private health worker may be required to render service beyond the
ight (8) hours a day, or on a rest day. In such a case, the workers shall be pad an additional

sation in accordance with existing laws and relevant issuances. .

ere the exigencies of die service so require (such as force majeure,

normal
compe

SECTION. 16. Work During Rest Day.

(a) Where a private health worker is made to work on his/her schedule rest day, he/she shall
be paid an additional compensation in accordance with existing laws; and

(b) Where a private heaith worker is made to work on any special holiday, he/she shall be paid
an additional compensation in accordance with existing laws. Where such holiday work
falls on the workers’ scheduled rest dav, he/she shall be entitled to an additional
‘compensation as may be provided by existing laws.

SECTION. 17. Minimum Wages. A minimum wage w be established under this Act for private health
‘workers shall be that which is as adequate as is economically feasible to maintain the minimum standard


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of living necessary for the health, efficiency, effectiveness and generi well-being of health workers in
private health institutions, and must also take into consideration the particular circumstances of their
government counterparts

‘Thus, without prejudice to existing benefits and provisions of compensation under applicable governing
laws and issuances, the wages of private health workers for all actual work hours and days shall not be
lower than thirty-five thousand pesos (PhP35,000.00) entry salary for nurses and Eight Hundred Fifty
Pesos (PhP850.00) per day for other health workers multiplied by twenty-two (22) days for a monthly

Wages shall be paid at least once every two (2) weeks or twice a month at intervals not exceeding sixteen
(16) days. Additionally, private health workers who are receiving salarics higher than the minimum wage
herein set forth, shall be adjusted and increased accordingly.

‘The mininuure wages Of privace heads workers sid be increased its inc veruenes deerued appropriate by
the Regional Tripartite Wages and Productivity Board (RTWPB) and pursuant to the rules and
regulations implementing this Act.

SECTION. 18, Benefits. Private health workers shall be entitled ro all rhe benefits provided under the
Labor Code, Magna Carta of Public Health Workers or Republic Act No, 7305, and other relevant laws,
government announcements, rules, or regulations, including, but not limited to, overtime pay, night-shitt
differential, on-call pay, hazard pay, longeviry pay, subsistence allowance. special risk allowance, housing
allowance, laundry allowance, tax holidays, remote assistance allowance, cash gifts, free annual physical
‘examination, and free hospitalization.

SECTION. 19, Hazard Pay. All private health care institutions shall grant hazard pay to personnel
who physically report for work during the implementation of a community quarantine, regardless of alert
level, or those who, by nature of their work, are subjected to health hazards or occupational risks,
regardless of their degree of exposure to the same.

Private health workers shall be entitled to a monthly hazard pay of ac least Ten Thousand Pesos
PRPLN,MRNN), without prejudice en an increase nf such amonat depending on evisting exigencire oe

nature of work.

SECTION. 20. Right to Self-Organization. All private health workers have the basie right to self-
organize or form an employees’ union. Private health workers shall have the right to freely form, join or
‘organize all forms of actions including the right to strike and other peaceful concerted activites in order

wo defend and proveet their basic rigins and welfare, and w obtain cedeess of their grievannes.

SECTION, 21. Freedom from Interference ot Coercion. It shall be unlawful for any person to
ference oF coerci

mit any of the following acts of

(@) to require asa condition of employment that a private health worker shall not join a health
workers’ organization or union or shall relinquish membership therein;

(b) to discriminate in regard to hiring or tenure of employment or any item or condition of
employment in order to encourage or discourage membership in any health workers"
organization or union;

(©) topreventa health worker from carrying out duties laid upon him/her by his/her position
in the organization or union, or to penalize him/her for the action undertaken in such

capacity;


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@ — whamess or interfere with die discharge of the functions of the health worker when these
are calculated to intimidate or to prevent the performance of his/her dutics and
responsibilities: and

(©) to require membership to any professional association as a mandatory requirement for
employment,

(to otherwise interfere in the establishment, functioning, or administration of health
tion oF pee sich orgmigatinn or anion

under the control of government authority

(2) torharass or bully x health worker at the workplace at any time and circumstance,

SECTION. 22. Consultation With Health Worker’s Organization. In the formulation of national
policies governing the sociai security of private heaith workers, professional and heaith workers,
organizations or unions as well as other appropriate government agencies concerned shall be consulted
by the Secretary of Labor and Employment. For this purpose, a Tripartite Council for national, reyional,

and other appre wvels shall be established and operationalized,

SECTION. 23. Health Human Resource Development or Management Study. The
Department of Labor and Fmployment shall conduct a periodic health human resource development or
management study into, among others, the following areas:

(a) adequacy of facilites and supplies to render quality health care co patients and other client
population;

(6) opportunity for health workers to grow and develop their potentials and experience a sense
of worth and dignity in their work.

‘The employer must ensure career opportunity for healthy workers tw grow and develop
their potentials and experience a sense of worth and dignity in their work. Private health
workers who undertake post-graduate studies in a degree course shall be entitled to an
upgrading in their position or raise in pay: Provided, that ic shall not be more than every
two (2) years,

(©) fice legal assistance tw health workers wiw have work-eeiaved legal ease and provision for
mechanisms for democratic consultation in private health institutions;

(d) staffing patterns and standard or health care to ensure that the people receivequality care.
Existing recommendations on staffing and standards of health care shall be immediately
and strictly enforced;

(©) ways and means of enabling the rank-and-file workers to avail of education opportunities
onal growth and development,

fre pen

(Upgrading of working conditions, reclassification positions and salaries of private health
workers to correct disparity vis-a-vis other professions such that positions requiring longer
study to upgrade and given corresponding pay scale; and

(g) assessment of the national policy on exportation of skilied heaith human resource (0 focus
on how these resources could instead be utilized productivity for the country’s needs.

SECTION. 24, Rules and Regulations. The Sccrctary of Labor and Employment after consultation
with appropriate agencies of the Government as well as professional and health workers’ organizations


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or anions, shail formulate and prepare che necessary rules and regulanions co implement the provisions
Of this Act, Rules and regulations issued pursuant to this section shall take effect thirty (30) days after
publication in a newspaper of general circulation

SECTION. 25. Prohibition Against Double Recovery of Benefits. Whenever other laws provide
for the same benefits covered by this Act, the private health worker shall have the option to choose
which benefits will be paid to him or her.

SECTION, 26, Prohit Againss Flimination and/or Diminution, Nothing in this low shall he
construed to climinate or in any way diminish benefits being enjoyed by private health workers at the

time of the effectivity of this Act

SECTION. 27. Prohibition Against Retaliation. No private healt!: care institution shall discharge,
terminate a employment with, reduce compensation to, or otherwise discriminate against or take adverse
accion against any privace heaidy worker for opposing anny provision proscribed by dis Acy fur
Participating in proceedings related to this Act, for secking to enforce nights under this Act by any lawful
means, or for otherwise asserting rights under this Act.

SECTION. 28. No Waiver of Rights. Any waiver by a private health worker of any of all of the
provisions of this Act, or of rights or protections afforded under the authority of this Act shall be deemed
contrary to public policy and shall be void and unenforceable.

SECTION. 29. Budgetary Estimates. The Secretary of Labor and Employment shall submit annually
the necessary budgetary estimates to implement the provisions of this Act in staggered basis of
implementation of the proposed benefits

SECTION. 30. Penal Provision. Any person or private health institution who shall willfally interfere
with, restrain or coerce any private health worker in the exercise of his/her rights or shall in any manner
act in violation of any of the provisions of this Act, shall pay a fine of not less than One Hundred
‘Thousand Pesos (PhP100,000.00) and not more than One Million Pesos (PRP1,000,000.00) for each
violation.

If the offender is a public official, the court, in addition to the penalties provided in the preceding
paragraph, may impose the additional penalty of disqualification from office.

Any private health worker who is a victim of a violation of this Act shall be entitled to back wages and
fall payment of unpaid benefits, 2s well s to the refund of attomey’s fecs that may have been incurred

inv enforcing the concerned privat

SECTION. 31. Coexistence with Other Available Reliefs. The provisions of this .\ct shall not be
construed 2s limiting any private health worker's right to obtain relief to which he/she may be entided
at law or in equity.

DECTION. 32. Separability Clause. If any provision of this Act is declared invaiid, the remainder of
this Act or any provision not affected thereby shall remain in force and effect.

SECTION. 33. Repealing Clause. All jaws, presidential decrees, executive onders and their
implementing rules, inconsistent with the provisions of this act are hereby repealed, amended or
modified accordingly.

SECTION. 34. Effectivity. This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in any newspaper of general circulation,

Approved,

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