Magna Carta of Private Health Workers

Sellate Offite of the sortectarp 25 NUV 13 P4:1 TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session RECEIVED BY: SENATE S. No. 1525 Introduced by Senator Raffy T. Tulfo AN ACT CREATING MAGNA CARTA FOR PRIVATE HEALTH WORKERS AND PROVIDING FUNDS THEREFOR Filipino health workers are the backbone of our health care system. Protecting the rights and welfare of all health workers is essential to keeping the health system effective. This duty does not fall on the public sector alone; private health workers deserve the same level of support and protection. Private health workers include those employed in private hospitals, clinics, health centers, laboratories, and other health-related facilities, regardless of the nature of their employment. They make up a significant portion of the country's health workforce, and their importance was made clear during the COVID-19 pandemic. However, many of them still experience low pay, understaffing, job insecurity, and few opportunities for professional advancement in spite of their contributions. These long-standing issues continue to drive many Filipino health professionals to seek work abroad, worsening the shortage of health workers in the country. This measure proposes the Magna Carta of Private Health Workers, which sets out clear standards on recruitment, security of tenure, working hours, staffing levels, wages, and benefits. It is imperative that the private healthcare workers be protected against unfair labor practices, discrimination, coercion, and unjust dismissal.

It is for this purpose that the approval of this bill is earnestly sought. RAFFY T. TULFO

Senate Office of the scurtarp TWENTIETH CONGRESS OF THE 25 NOV 13 P4:15 REPUBLIC OF THE PHILIPPINES First Regular Session RECEIVED BY: SENATE S. No. 1525 Introduced by Senator Raffy T. Tulfo AN ACT CREATING MAGNA CARTA FOR PRIVATE HEALTH WORKERS AND PROVIDING FUNDS THEREFOR

SECTION 1. Title. This Act shall be known as the "Magna Carta of Private Health Workers."

Sec. 2. Declaration of the Policy. The State shall instill health consciousness among our

people to effectively carry out the health programs and projects of 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 7 capabilities in order that they will be more responsive and better equipped to deliver health projects and programs; and (c) to encourage those with proper qualifications and excellent abilities to join and remain in government service.

Sec. 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 employed in private health care institutions such as hospitals, health infirmaries, heaths centers, clinics and other health-related facilities, regardless of their employment status.

Sec. 4. Recruitment and Qualification. Recruitment policy and minimum requirements

with respect to the selection and appointment of a private health worker shall be developed by the concerned employer in accordance with policies and standards of the

Department of Labor and Employment (DOLE); 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 engaged. 5 Sec.5. Transfer or Geographical Reassignment of Private Health Workers. (a) 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," hereinafter referred to as "reassignment," is a movement from one geographical location to another; and (c) a private health worker shall not be transferred and/or reassigned, except when made pursuant to the legitimate exercise of management prerogative, in which case, the employee concerned shall be informed of the reasons therefore in writing. If the private health worker believes that there is no 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.

Sec.6. Right to Security of Tenure. All private health workers shall enjoy security of tenure

in their employment as provided by law. Their services shall not be terminated except for just or authorized causes pursuant to the provisions of the Labor Code and subject to 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 twelve percent (12%) interest, from the time his/her compensation was withheld up to time of actual reinstatement.

Sec.7. 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 or workers supplied by a third person or 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. For this purpose, Project-based employment refers to employment in an existing

project or undertaking, the nature of which is temporary and the completion of termination has been determined and made known to the employee at the time of the engagement.

Sec. 8. 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.

Sec. 9. No Understaffing/Overloading of Health Staff. There shall be no understaffing or

9 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 training and education and shall not be allowed to perform the tasks beyond their academic and practical curriculum. In line with the above policy, substitute officers or employees shall be provided in place of officers or employees who are on leave fer over three (3) months. The DOLE, upon consultation and in coordination with the 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.

Sec. 11. Administrative Charges. Insofar as consistent with the provisions of the Labor

22 Code, administrative charges against a private health worker are encouraged to be heard by a committee composed of an Ethics and/or Grievance Committee, union representative where the private health 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 findings and recommendations to the concerned administrative body within thirty (30) days from the termination of the hearings.

Sec. 12. Duties and Obligations. The private health workers shall:

30 (a) discharge his/her duty humanely with conscience and dignity;

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

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

DOH, and Professional Regulation Commission (PRC) upon consultation with other appropriate agencies, professional and health 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. 9 Sec. 14. Regular Hours of Work. — The regular hours of work of any private health worker shall not exceed eight (8) hours a day, for five (5) days a week, or a total of forty (40) hours a week, exclusive of time for meals. Hours worked shall include: (a) all the time during which a private health worker is required to be on active duty or to be at a prescribed workplace; (b) all the time during which a private health worker is suffered or permitted to work; (c) 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 Call" pay equivalent to one hundred percent (50%) of his her 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 emergencies such that he she cannot devote the time for his/her own purpose.

Sec. 15. Overtime Work. Where the exigencies of the service so require (such as force

majeure, national threat or loss of life), any private health worker may be required to render service beyond the normal eight (8) hours a day, or on a rest day. In such a case, the workers shall be paid an additional compensation in accordance with existing laws and relevant issuances.

Sec. 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

1 (b) Where a private health 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 day, he/she shall be entitled to an additional compensation as may be provided by existing laws.

Sec. 17. Minimum Wages. A minimum wage to 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 of living necessary for the health, efficacy, effectiveness and general well-being of health workers in private health institutions, and must also take into 9 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 care 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 salary. 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 salaries higher than the minimum wage herein set forth, shall be adjusted and increased accordingly. The minimum wages of private health workers shall be increased in increments deemed appropriate by the Special Board composed of the DOH, DOLE, two (2) representatives of health workers' unions in the private sector, and two (2) representatives of health- related establishments' organizations.

Sec. 18. Benefits. Private health workers shall be entitled to all the 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-shift differential, on-call pay, hazard pay, longevity pay, subsistence allowance, special risk allowance, housing allowance, laundry allowance, tax holidays, remote assistance allowance, cash gifts, free annual physical examination, and free hospitalization.

Sec. 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 at least Ten Thousand Pesos (PhP10,000.00), without prejudice in an increase of such amount depending on existing exigencies or nature of work.

Sec. 20. Right to Self-Organization. All private health workers have the basic right to self-

9 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 activities in order to defend and protect their basic rights and welfare, and to obtain redress of their grievances.

Sec. 21. Freedom from Interference of Coercion. It shall be unlawful for any person to

commit any of the following acts of interference or coercion: (a) to require as a 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; (c) to prevent a 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; (d) to harass or interfere with the discharge of the functions of the health worker when these are calculated to intimidate or to prevent the performance of his/her duties and responsibilities; and (e) to require membership to any professional association as a mandatory requirement for employment; (f) to otherwise interfere in the establishment, functioning, or administration of health workers organization or unions through acts designed to place each organization or union under the control of government authority;

1 (g) to harass or bully a health worker at the workplace at any time and circumstance.

Sec. 22. Consultation With Health Worker's Organization. In the formulation of national

policies governing the social security of private health workers, professional and health 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, the Special Board shall be established and operationalized.

Sec. 23. Health Human Resource Development or Management Study. The Department

8 of Labor and Employment and Department of Health shall conduct a periodic health 9 human resource development or management study into, among others, the following areas: (a) adequacy of facilities and supplies to render quality health care to patients and other client population; (b) 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 opportunities for health workers to 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 he entitled to an upgrading in their position or raise in pay: Provided, that it shall not be more than every two (2) years; (c) free legal assistance to health workers who have work-related legal case and provision for mechanisms for democratic consultation in private health institutions; (d) staffing patterns and standard or health care to ensure that the people receive quality care. Existing recommendations on staffing and standards of health care shall be immediately and strictly enforced. (e) ways and means of enabling the rank-and-file workers to avail of education opportunities for personal growth and development; (f) 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 skilled health human resource to focus on how these resources could instead be utilized productivity the country's needs.

1 Sec. 24. Rules and Regulations. The Department of Labor and Employment and Department of Health, after consultation with appropriate agencies of the Government as well as professional and health workers organizations or unions, shall formulate and prepare the necessary rules and regulations to 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.

Sec. 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 9 to choose which benefits will be paid to him or her. 10 Sec. 26. Prohibition Against Retaliation and /or Diminution. Nothing in this law shall be construed to eliminate or in any way diminish benefits being enjoyed by private health workers at the time of the effectivity of this Act.

Sec.27. Prohibition Against Retaliation. No private health care institution shall discharge,

terminate an employment with, reduce compensation to, or otherwise discriminate against or take adverse action against any private health worker for opposing any provision prescribed by this Act, for participating in proceedings related to this Act, for seeking to enforce rights under this Act by any lawful means, or for otherwise asserting rights under this Act.

Sec. 28. No Waiver of Rights. Any waiver by a private health worker of any or 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. 22 Sec. 29. Budgetary Estimates. The Secretary of Labor and Employment shall submit 23 annually the necessary budgetary estimates to implement the provisions of this Act in staggered basis of implementation of the proposed benefits. Sec.. 30. Penal Provision. Any person or private health institution who shall willfully 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 28 of not less than One Hundred Thousand Pesos (PhP100,000.00) and not more than One Million Pesos (PhP1,000,000.00) 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 full payment of unpaid benefits, as well as to the refund of attorney's fees that may have been incurred in enforcing the concerned private health worker's claim under this Act.

Sec. 31. Coexistence with Other Available Reliefs. The provisions of this Act shall not be

construed as limiting any private health worker's right to obtain relief to which he/she 9 may be entitled at law or in equity.

Sec. 32. Separability Clause. If any provision of this Act is declared invalid, the remainder

of this Act or any provision not affected thereby shall remain in force and effect.

Sec. 33. Repealing Clause. All laws, presidential decrees, executive orders and their

implementing rules, inconsistent with the provisions of this act are hereby repealed, amended or modified accordingly.

Sec. 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,