REPUBLIC ACT No. 7305
THE MAGNA CARTA OF PUBLIC HEALTH WORKERS
SECTION 1
Title
This Act shall be known as
the "Magna Carta of Public Health Workers.
SECTION 2
Declaration of the
Policy
The State shall instill
health consciousness among our people to 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 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.
SECTION 3
Definition
For purposes of this Act,
"health workers"
shall mean all persons who are engaged in health and health-related work, and all
persons employed in all hospitals, sanitaria, health infirmaries, health
centers, rural health units, barangay health stations, clinics and other
health-related establishments owned and operated by the Government or
its political subdivisions with original charters and shall include medical,
allied health professional, administrative and support personnel employed
regardless of their employment status.
SECTION 4
Recruitment and
Qualification
Recruitment policy and
minimum requirements with respect to the selection and appointment of a public
worker shall be developed and implemented by the appropriate government
agencies concerned in accordance with policies and standards of the Civil
Service Commission: Provided, That in the absence of appropriate eligible and
it becomes necessary in the public interest to fill a vacancy, a temporary
appointment shall be issued to the person who meets all the requirements for
the position to which he/she is being appointed except the appropriate civil
service eligibility: Provided, further, That such temporary appointment shall
not exceed twelve (12) months nor be less than three (3) months renewal
thereafter but that the appointee may be replaced sooner if (a) qualified civil
service eligible becomes available, or (b) the appointee is found wanting in
performance or conduct befitting a government employee.
SECTION 5
Performance Evaluation
and Merit Promotion
The Secretary of Health,
upon consultation with the proper government agency concerned and the
Management-Health Workers’ Consultative Councils, as established under Section
33 of this Act, shall prepare a uniform career and personnel development plan
applicable to all public health personnel. Such career and personnel
development plan shall include provisions on merit promotion, performance
evaluation, in service training grants, job rotation, suggestions and incentive
award system.
The performance evaluation
plan shall consider foremost the improvement of individual employee efficiency
and organizational effectiveness: Provided, that each employee shall be
informed regularly by his/her supervisor of his/her performance evaluation.
The merit promotion plan
shall be in consonance with the rules of the Civil Service Commission.
SECTION 6
Transfer or
Geographical Reassignment of Public 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 public health
worker shall 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 public health worker
believes that there is no justification for the transfer and/or reassignment,
he/she may appeal his/her case to the Civil Service Commission, which shall
cause his/her reassignment to be held in abeyance; Provided, That no transfer
and/or reassignment whatsoever shall be made three (3) months before any local
or national elections: Provided, further, That the necessary expenses of the
transfer and/or reassignment of the public health worker and his/her immediate
family shall be paid for the Government.
SECTION 7
Married Public Health
Workers
Whenever possible, the
proper authorities shall take steps to enable married couples, both of whom are
public health workers, to be employed or assigned in the same municipality, but
not in the same office.
SECTION 8
Security of Tenure
In case of regular
employment of public health workers, their services shall not be terminated
except for cause provided by law and after due process: Provided, That if a
public health workers is found by the Civil Service Commission to be unjustly
dismissed from work, he/she shall be entitled to reinstatement without loss of
seniority rights and to his/her back wages with twelve percent (12%) interest
computed from the time his/her compensation was withheld from his/her up to
time of reinstatement.
SECTION 9
Discrimination
Prohibited
A public worker shall not
be discriminated against with regard to gender, civil status, civil status,
creed, religious or political beliefs and ethnic groupings in the exercise of
his/her profession.
SECTION 10
No
Understaffing/Overloading of Health Staff
There shall be no
understaffing or overloading of public 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 public
health worker and over extending his/her duty and service. Health students and
apprentices shall be allowed only for purposes of training and education.
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. Likewise, the
Secretary of Health or the proper government official shall assign a
medico-legal officer in every province.
In places where there is
no such medico-legal officer, rural physicians who are required to render
medico-legal services shall be entitled to additional honorarium and
allowances.
SECTION 11
Administration Charges
Administrative charges
against a public health worker shall be heard by a committee composed of the
provincial health officer of the province where the public health worker
belongs, as chairperson, a representative of any existing national or
provincial public health workers’ organization or in its absence its local
counterfeit and a supervisor of the district, the last two (2) to be designated
by the provincial health officer mentioned above. The committee shall submit
its findings and recommendations to the Secretary of Health within thirty (30)
days from the termination of the hearings. Where the provincial health officer
is an interested party, all the members of the committee shall be appointed by
the Secretary of Health.
SECTION 12
Safeguards in
Disciplinary Procedures
In every disciplinary
proceeding, the public health worker shall have;
(a)
the right to be
informed, in writing, of the charges;
(b)
the right to full
access to the evidence in the case;
(c)
the right to
defend himself/herself and to be defended by a representative of his/her choice
and/or by his/her organization, adequate time being given to the public health
worker for the preparation of his/her defense;
(d)
the right to
confront witnesses presented against him/her and summon witnesses in his/her
behalf;
(e)
the right to
appeal to designated authorities;
(f)
the right to
reimbursement of reasonable expenses incurred in his/her defense in case of
exoneration or dismissal of the charges; and (g) such other rights as will
ensure fairness and impartiality during proceedings.
Duties and Obligations
The public health workers
shall:
(a)
discharge his/her
duty humanely wit conscience and dignity;
(b)
perform his/her
duty with utmost respect for life; and race, gender, religion, nationality,
party policies, social standing or capacity to pay.
SECTION 14
Code of Conduct
Within six (6) months from
the approval of this Act, the Secretary of Health, upon consultation with other
appropriate agencies, professional and health workers’ organization, shall
formulate and prepare a Code of Conduct for Public Health Workers, which shall
be disseminated as widely as possible.
SECTION 15
Normal Hours of Work
The normal of wok of any
public health worker shall not exceed eight (8) hours a day or forty (40) hours
a week. Hours worked shall include:
(a)
all the time
during which a public health worker is required to be on active duty or to be
at a prescribed workplace; and
(b)
all the time
during which a public health worker is suffered or permitted to work. Provided,
That the time when the public health worker is place on "On Call"
status shall not be considered as hours worked but shall entitled the public
health worker to an "On Call" pay equivalent to fifty percent (50%)
of his/her regular wage. "On Call" status refers to a condition when
public health workers are called upon to respond to urgent or immediate need
for health/medical assistance or relief work during emergencies such that
he/she cannot devote the time for his/her own use.
SECTION 16
Overtime Work
Where the exigencies of
the service so require, any public health worker may be required t 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.
SECTION 17
Work during Rest Day
(a)
Where a public
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 public
health worker is made to worm 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.
SECTION 18
Night-Shift Differential
(a)
Every public
health worker shall be paid night-shift differential of ten percent (10%) of
his/her regular wage for each hour of work performed during the night-shifts
customarily adopted by hospitals.
(b)
Every health
worker required to work on the period covered after his/her regular schedule
shall be entitled to his/her regular wage plus the regular overtime rate and an
additional amount of ten percent (10%) of such overtime rate for each hour of
work performed between ten (10) o’clock in the evening to six (6) o’clock in
the morning.
SECTION 19
Salaries
In the determination of
the salary scale of public health workers, the provisions of Republic Act No.
6758 shall govern, except that the benchmark for Rural Health Physicians shall
be upgraded to Grade 24.
(a)
Salary Scale
Salary
Scales of public health workers shall be provided progression: Provided, That
the progression from the minimum to maximum of the salary scale shall not
extend over a period of ten (10) years: Provided, further, That the efficiency
rating of the public health worker concerned is at least satisfactory.
(b)
Equality in
Salary Scale
The
salary scales of public health workers whose salaries are appropriated by a
city, municipality, district, or provincial government shall not be less than
those provided for public health workers of the National Government: Provided,
That the National Government shall subsidize the amount necessary to pay the
difference between that received by nationally-paid and locally-paid health
workers of equivalent positions.
(c)
Salaries to be
Paid in Legal Tender
Salaries
of public health workers shall be paid in legal tender of the Philippines or
the equivalent in checks or treasury warrants: Provided, however, That such
checks or treasury warrants shall be convertible to cash in any national,
provincial, city or municipal treasurer’s office or any banking institution
operating under the laws of the Republic of the Philippines.
(d)
Deductions
Prohibited
No
person shall make any deduction whatsoever from the salaries or public health workers
except under specific provision of law authorizing such deductions: Provided,
however, That upon written authority executed by the public health worker
concerned, (a) lawful dues or fees owing to any organization/association where
such public health worker is an officer or member, and (b) premium properly due
all insurance policies, retirement and medicare shall be considered deductible.
SECTION 20
Additional Compensation
Notwithstanding Section 12
of Republic Act No. 6758, public workers shall receive the following
allowances: hazard allowance, subsistence allowance, longevity pay, laundry
allowance and remote assignment allowance.
SECTION 21
Hazard Allowance
Public health worker in
hospitals, sanitaria, rural health units, main centers, health infirmaries,
barangay health stations, clinics and other health-related establishments
located in difficult areas, strife-torn or embattled areas, distresses or
isolated stations, prisons camps, mental hospitals, radiation-exposed clinics, laboratories or disease-infested areas or in areas declared under state of
calamity or emergency for the duration thereof which expose them to great
danger, contagion, radiation, volcanic activity/eruption occupational risks or
perils to life as determined by the Secretary of Health or the Head of the unit
with the approval of the Secretary of Health, shall be compensated hazard
allowance equivalent to at least twenty-five percent (25%) of the monthly basic
salary of health workers receiving salary grade 19 and below, and five percent
(5%) for health workers with salary grade 20 and above.
SECTION 22
Subsistence Allowance
Public health workers who
are required to render service within the premises of hospitals, sanitaria,
health infirmaries, main health centers, rural health units and barangay health
stations, or clinics, and other health-related establishments in order to make
their services available at any and all times, shall be entitled to full
subsistence allowance of three (3) meals which may be computed in accordance
with prevailing circumstances as determined by the Secretary of Health in
consultation with the Management Health Workers’ Consultative Councils, as
established under Section 33 of this Act: Provided, That representation and
travel allowance shall be given to rural health physicians as enjoyed by
municipal agriculturists, municipal planning and development officers and
budget officers.
SECTION 23
Longevity Pay
A monthly longevity pay
equivalent to five percent (5%) of the monthly basic pay shall be paid to a
health worker for every five (5) years of continuous, efficient and meritorious
services rendered as certified by the chief of office concerned commencing with
the service after the approval of this Act.
SECTION 24
Laundry Allowance
All public health workers
who are required to wear uniforms regularly shall be entitled to laundry
allowance equivalent to one hundred twenty-five pesos (P125.00) per month:
Provided, That this rate shall be reviewed periodically and increased
accordingly by the Secretary of Health in consultation with the appropriate
government agencies concerned taking into account existing laws and prevailing
practices.
SECTION 25
Remote Assignment
Allowance
Doctors, dentists, nurses,
and midwives who accept assignments as such in remote areas or isolated
stations, which for reasons of far distance or hard accessibility such
positions had not been filed for the last two (2) years prior to the approval
of this Act, shall be entitled to an incentive bonus in the form of remote
assignment allowance equivalent to fifty percent (50%) of their basic pay, and
shall be entitled to reimbursement of the cost of reasonable transportation to
and from and during official trips.
In addition to the above,
such doctors, dentists, nurses, and midwives mentioned in the preceding
paragraph shall be given priority in promotion or assignment to better areas.
Their tour of duties in the remote areas shall not exceed two (2) years, except
when there are no positions for their transfer or they prefer to start in such
posts in excess of two (2) years.
SECTION 26
Housing
All public health workers
who are in tour of duty and those who, because of unavoidable circumstances are
forces to stay in the hospital, sanitaria or health infirmary premises, shall
entitles to free living quarters within the hospital, sanitarium or health
infirmary or if such quarters are not available, shall receive quarters
allowance as may be determined by the Secretary of Health and other appropriate
government agencies concerned: Provided, That this rate shall be reviewed
periodically and increased accordingly by the Secretary of Health in
consultation with the appropriate government agencies concerned.
For purposes of this
Section, the Department of Health is authorized to develop housing projects in
its own lands, not otherwise devoted for other uses, for public health workers,
in coordination with appropriate government agencies.
SECTION 27
Medical Examination
Compulsory medical
examination shall be provided free of charge to all public health workers
before entering the service in the Government or its subdivisions and shall be
repeated once a year during the tenure of employment of all public health
workers: Provided, That where medical examination shows that medical treatment
and/or hospitalization is necessary for those already in government service,
the treatment and/or hospitalization including medicines shall be provided free
either in a government or a private hospital by the government entity paying
the salary of the health worker: Provided, further, That the cost of such
medical examination and treatment shall be included as automatic appropriation
in said entity’s annual budget.
SECTION 28
Compensation of Injuries
Public health workers
shall be protected against the consequences of employment injuries in
accordance with existing laws. Injuries incurred while doing overtime work
shall be presumed work-connected.
SECTION 29
Leave Benefits for
Public Health Workers
Public health workers are
entitled to such vacation and sick leaves as provided by existing laws and
prevailing practices: Provided, That in addition to the leave privilege now
enjoyed by public health, women health workers are entitled to such maternity
leaves provided by existing laws and prevailing practices: Provided, further,
That upon separation of the public health workers from services, they shall be
entitled to all accumulated leave credits with pay.
SECTION 30
Highest Basic Salary upon
Retirement
Three (3) years prior to
the compulsory retirement, the public health worker shall automatically be
granted one (1) salary range or grade higher than his/her basic salary and
his/her retirement benefits thereafter, computed on the basis of his/her
highest salary: Provided, That he/she has reached the age and fulfilled service
requirements under existing laws.
SECTION 31
Right to
Self-Organization
Public health workers
shall have the right to freely from, join or assist organizations or unions for
purposes not contrary to law in order to defend and protect their mutual
interests and to obtain redness of their grievances through peaceful concerned activities.
However, meanwhile the
State recognizes the right of public health workers to organize or join
organization, public health workers on-duty cannot declare, stage or join any
strike or cessation of their service to patients in the interest of public
health, safety or survival of patients.
SECTION 32
Freedom from
Interference or 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 public 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 harness 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 otherwise
interfere in the establishment, functioning, or administration of health
workers organization or unions through acts designed to place such organization
or union under the control of government authority.
SECTION 33
Consultation with
Health Worker’s Organization
In the formulation of
national policies governing the social security of public health workers,
professional and health workers, organizations or unions as well as other
appropriate government agencies concerned shall be consulted by the Secretary
of Health. For this purpose, Management Health Worker’s Consultative Councils
for national, regional and other appropriate levels shall be established and
operationalized.
SECTION 34
Health Human Resource
Development/Management Study
The Department of Health
shall conduct a periodic health human resource development/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. Public health workers who undertake
postgraduate studies in a degree course shall be entitled to an upgrading in
their position or raise in pay: Provided, That it shall not be more than every
two (2) years;
(c)
mechanisms for
democratic consultation in government 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 public 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 for the country’s needs.
There is hereby created a
Congressional Commission on Health (HEALTHCOM) to review and assess health
human resource development, particularly on continuing professional education
and training and the other areas described above. The Commission shall be
composed of five (5) members of the House of Representatives and five (5)
members of the Senate. It shall be co-chaired by the chairperson of the
Committee on health of both houses. It shall render a report and recommendation
to Congress which shall be the basis for policy legislation in the field of
health. Such a congressional review shall be undertaken once every five (5)
years.
SECTION 35
Rules and Regulations
The Secretary 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.
SECTION 36
Prohibition against
Double Recovery of Benefits
Whenever other laws
provide for the same benefits covered by this Act, the public health worker
shall have the option to choose which benefits will be paid to him/her.
However, in the event that the benefits chosen are less than that provided
under this Act, the worker shall be paid only the difference.
SECTION 37
Prohibition against
Elimination and/or Diminution
Nothing in this law shall
be construed to eliminate or in any way diminish benefits being enjoyed by
public health workers at the time of the effectivity of this Act.
SECTION 38
Budgetary Estimates
The Secretary of health
shall submit annually the necessary budgetary estimates to implement the
provisions of this Act in staggered basis of implementation of the proposes
benefits until the total of Nine hundred forty-six million six hundred
sixty-four thousand pesos (P964,664,000.00) is estimated within five (5) years.
Budgetary estimates for
the succeeding years should be reviewed and increased accordingly by the
Secretary of Health in consultation with the Department of Budget and
Management and the Congressional Commission on Health (HEALTHCOM).
SECTION 39
Penal Provision
Any person shall willfully
interfere with, restrain or coerce any public health worker in the exercise of
his/her rights or shall in any manner any act in violation of any of the
provisions of this Act, upon conviction, shall be punished by a fine of not less
than Twenty thousand pesos (P20,000.00) but not more than one (1) year or both
at the discretion of the court.
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.
SECTION 40
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.
SECTION 41
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.
SECTION 42
Effectivity
This Act shall take effect
fifteen (15) days after its publication in at least two (2) national newspapers
of general circulation.
Approved:
March 26, 1992
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