Makilala Institute of Science and Technology: Republic Act 7305: The Magna Carta of Public Health Workers
Makilala Institute of Science and Technology: Republic Act 7305: The Magna Carta of Public Health Workers
Makilala Institute of Science and Technology: Republic Act 7305: The Magna Carta of Public Health Workers
I. Learning outcomes:
a. discuss Magna Carta for Public Health Workers
b. explain Population Control
c. discuss the CHED Policy on Midwifery Education
d. elaborate the Labor laws
e. discuss the CPE for midwives
f. Discuss other trends and issues
2. Professional Adjustment
III. References:
(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
The merit promotion plan shall be in consonance with the rules of the
Civil Service Commission.
SEC. 13. Duties and Obligations. – The public health workers shall:
(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. 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. 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.
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.
(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) 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;
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.
SEC. 42. Effectivity. – This Act shall take effect fifteen (15) days after
its publication in at least two (2) national newspapers of general
circulation.
Population Control
Article XV, Section 3.1 says that “The State shall defend the right of
the spouses to found a family in accordance with their religious
convictions and the demands of responsible parenthood.”
Article II, Section 12 also says that “The State recognizes the sanctity
of family life and shall protect and strengthen the family as a basic
autonomous social institution. It shall protect the life of the mother
and the life of the unborn from conception. The natural and primary
duty of parents in the rearing of the youth for civic efficiency and
development of moral character shall receive the support of the
Government.”
LIBRARY
• Classroom requirements
PROGRAM SPECIFICATIONS
2. When was the Law enacted and what is its date of effectivity?
The CPD Act lapsed into Law on July 21, 2016 and it took effect on August 16,
2016.
The implementation of R.A. No. 10912 started on March 15, 2017, upon the
effectivity of Resolution No. 1032 or the Implementing Rules and
Regulations (IRR) of R.A. No. 10912.
For Midwives, pursuant to Resolution No. 04, s. 2017, of the Professional
Regulatory Board of Midwifery, the following is the transitory period for the
compliance of their CUs:
TERMS:
IV. Activity
1. Worker ____________________
2. Recruitment and placement_______________________
3. Private recruitment entity_________________________
4. Overseas employment______________________________
5. Emigrant____________________________________________
Labor Laws
ART. 83. Normal Hours of Work. The normal hours of work of any
employee shall not exceed eight (8) hours a day. Health personnel in
cities and municipalities with a population of at least one million
(1,000,000) or in hospitals and clinics with a bed capacity of at least
one hundred (100) shall hold regular office hours for eight (8) hours
a day, for five (5) days a week, exclusive of time for meals, except
where the exigencies of the service require that such personnel work
for six (6) days or forty-eight (48) hours, in which case, they shall be
entitled to an additional compensation of at least thirty percent (30%)
of their regular wage for work on the sixth day. For purposes of this
Article, "health personnel" shall include resident physicians, nurses,
nutritionists, dieticians, pharmacists, social workers, laboratory
technicians, paramedical technicians, psychologists, midwives,
attendants and all other hospital or clinic personnel.
ART. 84. Hours Worked. Hours worked shall include (a) all time
during which an employee is required to be on duty or to be at a
prescribed workplace; and (b) all time during which an employee is
suffered or permitted to work. Rest periods of short duration during
working hours shall be counted as hours worked.
ART. 85. Meal Periods. Subject to such regulations as the Secretary
of Labor may prescribe, it shall be the duty of every employer to give
his employees not less than sixty (60) minutes time-off for their
regular meals.
ART. 87. Overtime Work. Work may be performed beyond eight (8)
hours a day provided that the employee is paid for the overtime work,
an additional compensation equivalent to his regular wage plus at
least twenty-five percent (25%) thereof. Work performed beyond
eight hours on a holiday or rest day shall be paid an additional
compensation equivalent to the rate of the first eight hours on a
holiday or rest day plus at least thirty percent (30%) thereof.
Security of Tenure
Work Day refers to any day during which an employee is regularly required to
work. Hours of Work refer to all the time an employee renders actual work, or is
required to be on duty or to be at a prescribed workplace. The normal hours of
work in a day is 8 hours. This includes breaks or rest period of less than one hour,
but excludes meal periods, which shall not be less than one hour.
An employee must be paid his or her wages for all hours worked. If all or any
part of his or her regular work hours falls between 10:00 p.m. to 6:00 a.m., a
covered employee shall be entitled to a night shift pay in addition to his or
her pay for regular work hours. If he or she works for more than 8 hours in one
day, he or she shall be entitled to overtime pay.
Wage is the amount paid to an employee in exchange for a task, piece of work,
or service rendered to an employer. This includes overtime, night differential,
rest day, holiday and 13th month pay. It also includes the fair and reasonable
value of board, lodging and other facilities customarily furnished by the
employer.
Wage may be fixed for a given period, as when it is computed hourly, daily or
monthly. It may also be fixed for a specified task or result. If wage is for a fixed
period, the minimum wage for a regular 8-hour workday shall not be lower than
the minimum daily wage applicable to the place of work as determined by the
Regional Tripartite Wage and Productivity Board having jurisdiction over
workplace.
If wage is paid by result, the worker shall receive at least the prescribed
minimum wage for 8 hours of work. The amount may be increased or reduced
proportionately if work is rendered for more or less than 8 hours a day.
An employer cannot make any deduction from an employee's wage except for
insurance premiums with the consent of the employee, for union dues, or for
withholding taxes, SSS premiums and other deductions expressly authorized by
law.
Payment of Wages
Wages shall be paid in cash, legal tender at or near the place of work. Payment
may be made through a bank upon written petition of majority of the workers in
establishments with 25 or more employees and within one (1) kilometer radius
to a bank. Payment shall be made directly to the employees.
Wages shall be given not less than once every two (2) weeks or twice within a
month at intervals not exceeding 16 days.
Employment of Women
Employment of Children
V. Evaluation
End of Module.