Republic Act 7305

Magna Carta of Public Health Workers

THE MAGNA CARTA OF PUBLIC HEALTH WORKERS

SECTION 1. Title. - This Act shall be known as the "Magna Carta of Public 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 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.

SEC. 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.

SEC. 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 eligibles 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.

SEC. 5. Performance Evaluation an 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 13. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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) oclock in the evening to six (6)
oclock in the morning.

SEC. 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 treasurers
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.

SEC. 20. Additional Compensation. - Notwithstanding Section 12 of Republic Act No.

6758, public workers shall received the following allowances: hazard allowance,
subsistence allowance, longevity pay, laundry allowance and remote assignment
allowance.

SEC. 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.

SEC. 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.

SEC.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.
SEC. 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.

SEC. 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.

SEC. 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 wuarters 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.

SEC. 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 entitys annual budget.

SEC. 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.

SEC. 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.

SEC. 30. Highest Basic Salary Upon Retirement - Three (3) 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.

SEC. 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.

SEC. 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.

SEC. 33. Consultation With Health Workers 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 Workers Consultative Councils for national, regional and other
appropriate levels shall be established and operationalized.

SEC. 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;
(c) 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;

(d) mechanisms for democratic consultation in government health institutions;

 (e) 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;

(f) ways and means of enabling the rank-and-file workers to avail of education
opportunities for personal growth and development;

(g) 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

(h) 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 countrys 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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).

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.