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SIXTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
First Regular Session )
·13 JUL 18 P5:59
956
SENATE
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Introduced by Senator Ramon Bong Revilla, Jr.

EXPLANATORY NOTE

Republic Act No. 6972, also known as the Barangay-Ievel Total Development
and Protection of Children Act was enacted in 1990. This law provides for the
establishment of a day care center in every barangay and seeks to institute a Total
Development and Protection of Children Program therein.

A decade after, Republic Act No. 8980, otherwise known as the Early Childhood
Care and Development (ECCD) Act was legislated. This measure promulgates a
comprehensive policy and national system for Early Childhood Care and Development.

Both measures promote and defend the rights of children, protect them against
all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their
development. The measures accord special protection to children with full recognition of
the nature of childhood and their special needs.

More importantly, both measures recognize the stage of childhood, from birth to
six (6) years of age, as critical to development. This is basically the essence of both
laws. It is in this light that daycare workers playa 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 immensity of their work, they are receiving a measly Five Hundred
Pesos (P500) 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.

ONG REVILLA, JR.

SIXTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
First Regular Session )
'13 JUL 18 P6 :00

SENATE 956
S.B.No. _ __

Introduced by Senator Ramon Bong Revilla, Jr.

THE MAGNA CARTA FOR DAYCARE 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."

SECTION 2. Declaration of policy. It is the State's responsibility to 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. It is also the State's concern and responsibility 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:

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;

Day care centers - public, private or non-profit centers providing ECCD service
to Republic Act nO.898D or The ECCD Act

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 SECTION 5. Qualifications. A day care worker must be of legal age and had
received adequate training in Early Childhood Care and Development from the
Department of Social Welfare and Development or its accredited organizations and
institutions. Under no circumstances maya 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. Stability on employment and security of tenure

shall be assured the daycare 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 shall not be terminated for cause provided by law and
after 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. Back wages with twelve percent (12%) interest computed
from the time compensation was withheld from the time of reinstatement shall also be
awarded.

SECTION 7. Criteria for Salaries. Daycare workers' salaries shall correspond to

the following criteria:

(a) they shall compare favorably with those paid in other occupations
requiring equivalent or similar qualifications, training and abilities; and

(b) 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

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municipality/city social welfare officer may require a day care worker to render service
beyond working hours during emergency situations such as calamities.

SECTION 9. Benefits. Day care workers shall be provided with the following
benefits:

Phi/health - all day care workers shall be enrolled in the National Insurance
Program to be able to access personal health services;

Social Security - all day care workers shall be enrolled in the Government
Service Insurance System or the Social Security System to be able to avail of
retirement, disability, funeral and other benefits;

Cost of Living Allowance. Daycare 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.

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 calamity shall be compensated with hazard
allowance to be determined by the local government unit.

Over time 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 a case, the workers shall be paid an additional compensation in accordance with
existing laws and prevailing practices.

Retirement benefits - all day care workers will receive retirement benefits once
they have reached the age and fulfilled service requirements under existing laws.

Free legal assistance - in case of political-motivated or work-related harassment,

government will provide free legal assistance to day care workers to uphold and protect
the ir rig hts.

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 SECTION 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.

SECTION 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 LGUs 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.

SECTION 14. Implementing Rules and Regulations. The Department of Social

Welfare and Development (DSWD), in consultation with the Department of Budget and
Management and the Department of Education (DepEd), shall promulgate the
necessary rules and regulations to implement this Act.

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.

Section 16. Penal Provision. Any person who shall willfully interfere with,
restrain 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
less than Twenty thousand pesos (P20,OOO.OO) or imprisonment of not more than one
(1) year or both at the discretion of the court.

SECTION 17. Constitutionality. Should any provision of this Act be declared

invalid or unconstitutional, the validity or constitutionality of the other provisions shall not
be affected thereby.

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 SECTION 18. Repealing Clause. All laws, decrees, letters of instructions,
resolutions, orders, ordinances or parts thereof which are inconsistent with the
provisions of this Act, are hereby repealed, amended, or modified accordingly.

SECTION 19. Effectivity. This Act shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation.

Approved,