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REGISTRATION UNIT
BILLS AND INDEX SERVICE

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 3407

Introduced by Hon. Sol Aragones

EXPLANATORY NOTE,

Section 3 (2), Article XV of the 1987 Philippine Constitution states that:
"The State shall defend the right of children to assistance, including proper care and
nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and

other conditions prejudicial to their development."

Likewise, in recognizing the role of the youth in nation-building, the State has
declared it its policy to promote and protect their physical, moral, spiritual, intellectual, and

social well-being.

It is with this mindset that Republic Act No. 6972, otherwise known as the
"Barangay-Level Total Development and Protection of Children Act" and Republic Act No.
8980, otherwise known as "Early Childhood Care and Development (ECCD) Act" were
promulgated. R.A. No. 6972 concretized'the State's recognition of the important role played

by Day Care Centers in the development of the country's pre-school Children while R.A. No.

8980 enhances this policy even further by institutionalizing a National System for E

Childhood Care and Development (ECCD) that is comprel

ensive, integrative and

sustainable, that involves multi

ctoral and inter-agency collaboration at the national and
local levels among government: among service providers, families and communities: and
among the public and private sectors, nongovernment organizations, professional

associations, and academic institutions.

SENT ATIVES


More importantly, both measures recognize the stage of childhood, from birth to si
(6) years of age, as critical to development. This is basically the essence of both laws. It is in
this light that daycare workers play a central role. Day care workers cater to millions of

children, and also their families. For underprivileged Filipino families, having the option of

government day care centers, which require little contribution, is a big help. Daycare workers
tend to the needs of children, while their parents are able to attend to other equally important
chores. In spite the impact and importance of their work, they are receiving a measly sum per

month, an amount not even sufficient for their everyday needs.

However, their willingness to work as volunteers should not be abused. It is not by
choice but by necessity, and at times desperation, that they are forced to accept the work in

exchange of an amount not even enough for their subsistence. The government, in light of the

institutionalization of the ECCD, should finally make day care workers regular government

employees.

By guaranteeing the rights of the day care workers to security of tenure, humane
working conditions and a living wage. the State would be contributing to the improvement of
the quality of early childhood care and education, thereby upholding its mandate to defend

and protect children’s rights as well as guaranteeing the rights of all its workers

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

i
(ON. AGONES
Representative, Third District of Laguna



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

3407

House Bill No.

Introduced by Hon, Sol Aragones

AN ACT
TO PROVIDE HUMANE WORKING CONDITIONS, SALAR
AND BENEFITS FOR DAY CARE WORKERS,

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

SECTION 1. Short Title. — This Act shall be known as the "Magna Carta for Day
Care Workers Act of 2016."

SECTION 2. Declaration of policy. — The State shall promote a just and dynamic
social order that will ensure the prosperity and independence of the nation and free the people
from poverty through policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of life for all. It is hereby
declared the policy of the State to provide adequate remuneration for day care workers to
enhance their general welfare with the end in view of fulfilling the state policy of defending
the rights of children.

SECTION 3. Coverage. ~ This Act shall cover all persons providing Early Childhood
Care and Development in all government-run day care centers and non-stock, non-profit day
care centers run by volunteers, people's organizations, associations and non-government

organizations.

SECTION 4. Definition. — For the purpose of this Act, the following terms shall

mean:


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(1) Early Childhood Care and Development (ECCD) - the full range of health,
nutrition, early education and social services programs that provide for basic holistic
needs of young children from birth to age six (6), to promote their optimum growth

and development through home-based and center-based program:

(2) Day care cemers - public, private or non-profit centers providing ECCD service
pursuant to the ECCD Act.

SECTION 5. Qualification

received adequate training in Early Childhood Care and Development from the Department

A day care worker must be of legal age and had

of Social Welfare and Development or its accredited organizations and institutions. Under no
circumstances may a day care worker applicant be discriminated on the basis of gender.

religion, age, status, ethnic groups, educational attainment or political affiliation.

SECTION 6. Security of Tenure. ~ Security of tenure shall be assured the dayeare
workers as provided under existing laws. Incumbent day care workers not meeting
requirements, specifically training in ECCD, shall not be disqualified but will be required to
finish a day care worker training course to be administered by the Department of Social

Welfare and Development within one (1) year from the effectivity of this Act.

Regular day care workers may only be terminated for cause provided by law and afier

due process.

Provided, that if a day care worker is found by the Civil Service Commission to be
unjustly dismissed from work, the day care worker shall be entitled to reinstatement without

loss of seniority rights.

‘TION 7. € — Daycare workers’ salaries shall correspond to the

following criteria:

(1) they shall compare favorably with those paid in other occupations requiring

equivalent or similar qualifications, training and abilities: and


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(2) _ they shall be such as to insure teachers a reasonable standard of life for themselves

and their families.

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

municipality/city social welfare officer may require a day care worker to render service

beyond working hours during emergency situations such as calamiti

‘TION 9. Benefits. ~ Day care workers shall be provided with the following

(1) Phithealth — all day care workers shall be enrolled in the National Health

Insurance Program to be able to access personal health services:

(2) Social Security — all day care workers shall be enrolled in the Government Service

Insurance System or the $ system to be able to avail of retirement.

disability, funeral and other benefits:

cial Security

(3) Cost of Living Allowance — day care workers' salaries shall, at the very least, keep

pace with the rise in the cost of living by the payment of a cost-of-living
allowance which shall automatically follow changes in a cost-of-living index. The
Secretary of Social Welfare and Development shall, in consultation with the
proper government entities, recommend to Congress, at least annually, the
appropriation of the necessary funds for the cost-of-living allowances of the

daycare workers;

(4) Hazard allowance ~ day care workers in both urban and rural places, exposed to
situations and conditions with foreseeable but unavoidable danger or risks such as

strife-torn areas and areas under a state of

-alamity shall be compensated with

hazard allowance to be determined by the local government unit:

(5) Overtime work — where the exigencies of the so require, any public health worker

may be required to render service beyond the normal eight (8) hours a day. In such

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a case, the workers shall be paid an additional compensation in accordance with

existing laws and prevailing practices;

(6) Retirement benefits — all day care workers will receive retirement benefits once

they have reached the age and fulfilled service requirements under existing laws;

(7) Free legal assistance ~ in ¢

of political-motivated or work-related harassment,
government will provide free legal assistance to day care workers to uphold and
protect their rights.

TION 10. Right to Self-Organization. ~ Day care workers shall have the right to
freely form, join or assist organizations or unions in order to defend and protect their mutual

interests and to obtain redress of their grievances.

TION 11. Married Day Care Workers. — Whenever possible, the proper,
authorities shall take steps to enable married couples, both of whom are day care workers. to

be employed or assigned in the same municipality.

SECTION 12. Participation Fee. — Day care workers shall in on way be required to
shell out their own money to spend for electricity and rent of their center. If the participation
fee set by the local government is inadequate, it is the LGU’s responsibility to pay for

necessary utilities required to operate the day care center.

SECTION 13. Training, Education and Career Enhancement. —~ The Department of
Social Welfare and Development, in coordination with the Department of Education and
other concerned government agencies and non-government organizations, shall organize
training and educational programs as well as provide opportunities for scholarships and

continuing education,

‘TION 14, Implementing Rules and Regulations. ~ The Department of Social
Welfare and Development (DSWD), in consultation with the Department of Budget and
Management, Department of Education (DepEd), and the Department of Interior and Local
Government (DILG) shall promulgate the necessary rules and regulations to implement this

Act.


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SECTION 15. Appropriations. ~The budget needed to implement provisions of this
Act shall be included in the annual General Appropriations Act. Training costs shall be

appropriated under the DSWD.

interfere with, restrain

Section 16. Penal Provision. ~ Any person who shall willful
or coerce any day care worker in the exercise of his/her rights or shall in any manner violate

any provision of this Act, upon conviction, shall be punished by a fine of not less than

‘Twenty thousand pesos (P20,000.00) or imprisonment of not more than one (1) year or both

at the discretion of the court.

SECTION 17. Separability Clause. — If any provision or part hercof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain

valid and subsisting.

SECTION 18. Repealing Clause. — Any law, presidential decree or issuance,

executive order, letter of instruction. administré

e order, rule, ordinance, or regulation
contrary to or inconsistent with, the provisions of this Act is hereby repealed, modified, or

amended accordingly.

SECTION 19. Effectivity Clause. — This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation,

Approved,