, , 
" 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S.No. 
2813 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
·t:i 
JUN -8 P 4 :20 
LIMITING THE CONSECUTIVE HOURS OF WORK BY NURSES 
EXPLANATORY NOTE 
The Constitution, Article 13, Section II, para. 1, provides: 
The State shall adopt an integrated and comprehensive approach to 
health development which shall endeavor to make essential goods, health 
and other social services available to all the people at affordable cost. 
While the Constitution tasks the State to ensure that the populace will be able to 
afford essential health services, the Philippine Overseas Employment Administration 
(POEA) reported that 13,536 Filipino nurses went overseas in 2001, almost double the 
previous year's exodus of7,683 nurses. The 2001 figure is the highest ever recorded. The 
same year, only 4,430 students passed the Nursing Board Examination. This statistics 
would show that we are steadily losing skilled medical professionals, specifically the 
nurses. 
In a PCIJ report, among the reasons cited by health workers bound for abroad are 
political instability, corruption and the need for political backing in order to get a job or a 
promotion. While they cite economic reasons as the biggest factor, they also deplore the 
long hours of work required of them. 
1 


This bill, while answering only the hours of work factor, hopefully will be the seed 
that will address the continuing flight of our country's health care professionals to other 
lands. 1 
I This bill was originally filed during the Fourteenth Congress, First Regular Session. 
2 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S,No, 
2813 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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'15 
JUN -8 P 4 :20 
\-,1 
-" " 
LIMITING THE CONSECUTIVE HOURS OF WORK BY NURSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION L Definition of Terms, - As used in this Act, the following terms shall 
2 
be defined as follows: 
3 
A "Emergency" is defined as an unforeseen event that could not be prudently 
4 
planned for and does not regularly occur in the facility; 
5 
B, "Health Care Employer" shall mean any individual, partnership, association, 
6 
corporation, or any person or group of persons acting directly or indirectly on behalf of or 
7 
in the interest of the employer, which provides Health care services in a facility licensed 
8 
to operate as such including any facility operated by the State, a Political Subdivision or a 
9 
Public Corporation; 
10 
C. "Nurse" shall mean a registered professional nurse as certified by the 
11 
Professional Regulatory Board; 
12 
D, "Regularly Scheduled Work Hours" shall mean those hours a nurse has agreed 
13 
to work and is normally scheduled to work pursuant to the budgeted hours allocated to 
14 
the nurse's position by the health care employer; and if no such allocation system exists, 
15 
some other measure generally used by the health care employer to determine when an 
16 
employee is minimally supposed to work, consistent with the collective bargaining 
17 
agreement, if any; 


SECTION 2. Prohibition of Excessive Work Hours. - Notwithstanding any other 
2 
provision oflaw: 
3 
(A) No health care employer shall require a nurse to remain on duty for a period 
4 
longer than eight consecutive hours, or forty hours in a seven day work week, except as 
5 
consistent with the nurse's regularly scheduled work hours; and 
6 
(B) No health care employer shall require a nurse to work more than that nurse's 
7 
regularly scheduled work hours, except pursuant to subdivision three of this Act 
8 
SECTION 3. Exceptions to the Prohibition. - The Limitations provided for in this 
9 
section shall not apply in the case of: 
10 
(A) Health Care Disaster such as a natural or other type of disaster that increases 
11 
the need for health care personnel, unexpectedly affecting the country ; or 
12 
(B) A declaration of emergency in effect in the region in which the licensed health 
13 
care employee is employed; or 
14 
(C) Where a health care employer determines there is an emergency necessary to 
15 
provide safe patient care, in which case the health care provider shall, before requiring an 
16 
on-duty employee to remain, make a good faith effort to have overtime covered on a 
17 
voluntary basis, including, but not limited to, calling per diems, agency nurses, assigning 
18 
floats, or requesting an additional day off work from off-duty employees; 
19 
SECTION 4. No Prohibition Against Voluntary Overtime. - Nothing in this Act 
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shall prohibit a nurse from voluntarily working overtime. 
21 
SECTION 5. Penalty. - The Health Care Employer found guilty of violating this 
22 
Act shall be fined the amount of One Hundred Thousand Pesos (.1.'100,000) in addition to 
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other damages that shall be imposed by the proper court. 
2 


1 
SECTION 6. Separability Clause. - If any provision of this Act is held invalid or 
2 
unconstitutional, the same shall not affect the validity and effectivity of the other 
3 
provisions hereof. 
4 
SECTION 7. Repealing Clause. - All laws, decrees, orders, and issuances, or 
5 
portions thereof, which are inconsistent with the provisions of this Act, are hereby 
6 
repealed, amended or modified accordingly. 
7 
SECTION 8. Effectivity Clause. - This Act shall take effect fifteen (15) days ,after 
8 
its publication in the Official Gazette or in two (2) !1ewspapers of general circulation. 
Approved, 
/rapt4J une20 15 
3