Makilala Institute of Science and Technology: Republic Act 7305: The Magna Carta of Public Health Workers

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MAKILALA INSTITUTE OF SCIENCE AND TECHNOLOGY

BRGY. CONCEPCION, MAKILALA COTABATO


Department of Midwifery

Course Name: M 103 Professional Growth and Development

Course Credit: 3 units

Module number: 10th week and 11th week

Hours to Complete: Two Weeks

Prerequisite: M-100 & M102

Course Description: This course deals


with aspects of Midwifery Practice. It includes midwifery ethics, professional growth,
career development, current trends and issues including related laws affecting health
care and midwifery practice and principles of bioethics.

Instructor: Jackylin P. Bermejo, RN,RM,MAN

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

II. Topic: 1. Family Code

2. Professional Adjustment

III. References:

De Belen, R.T., (2010). Empowering Midwives: Ladderized Midwifery. C & E


Publishing Inc.

Retrieved from: https://doh.gov.ph/book/export/html/1320

Retrieved from: https://www.prc.gov.ph/sites/default/files/IRR%20-


%20MIdwifery.pdf

Retrieved from: https://bwc.dole.gov.ph/the-workers-basic-rights

IV. Learning Content

Republic Act 7305: 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, inservice 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) o’clock in the evening to six (6) o’clock
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 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.
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 entity’s 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 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.

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;
(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.

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.

Population Control

 Thomas Malthus (1766–1834) was an English


clergyman who made dire predictions about
earth’s ability to sustain its growing
population. According to Malthusian theory,
three factors would control human
population that exceeded the earth’s carrying
capacity, or how many people can live in a
given area considering the amount of
available resources.

 Malthus identified these factors as war,


famine, and disease (Malthus 1798). He termed them “positive checks”
because they increase mortality rates, thus keeping the population in
check. They are countered by “preventive checks,” which also control the
population but by reducing fertility rates; preventive checks include birth
control and celibacy. Thinking practically, Malthus saw that people could
produce only so much food in a given year, yet the population was
increasing at an exponential rate. Eventually, he thought people would
run out of food and begin to starve. They would go to war over
increasingly scarce resources and reduce the population to a manageable
level, and then the cycle would begin anew.
 The human population has continued to grow long past Malthus’s
predictions. So what happened? Why didn’t we die off? There are three
reasons sociologists believe we are continuing to expand the population
of our planet. First, technological increases in food production have
increased both the amount and quality of calories we can produce per
person. Second, human ingenuity has developed new medicine to curtail
death from disease. Finally, the development and widespread use of
contraception and other forms of family planning have decreased the
speed at which our population increases. But what about the future?
Some still believe Malthus was correct and that ample resources to
support the earth’s population will soon run out.
 According to Paul Ehrlich, it is the environment, not specifically the food
supply, that will play a crucial role in the continued health of planet’s
population (Ehrlich 1968). Ehrlich’s ideas suggest that the human
population is moving rapidly toward complete environmental collapse, as
privileged people use up or pollute a number of environmental resources
such as water and air. He advocated for a goal of zero population
growth (ZPG), in which the number of people entering a population
through birth or immigration is equal to the number of people leaving it
via death or emigration. While support for this concept is mixed, it is still
considered a possible solution to global overpopulation.

 Philippine Population Management Program

1. Pre-Marriage Counseling’s a half day orientation program for


couples applying for marriage license. It is designed to provide
pre-marriage couples with a realistic view of what marriage is all
about.

2. Presently, the centerpiece of the RP-FP Program is the


Responsible Parenting Movement (RPM). The Responsible
Parenting Movement is a program to organize and activate a
group of parents who would want to take on responsible
parenting as a way of life. This idea is brought down to where it
really matters – the more than 42,000 barangays
nationwide. These groups of parents are organized through an 8-
hour seminar (called “classes”) at the community level. They are
called as such because the participants who are parents will
undergo an orientation on concepts and values of responsible
parenting and how to achieve them. These groups of parents are
the critical mass that will evolve into a movement.The RPM is now
on its Phase II. The aim of the Responsible Parenting Movement
Phase II is to socially and economically empower the couple for
them to carry out their plans and aspirations for their families.The
RPM Phase II is piloted in the Municipality of Tanay, Rizal in
Region IV and in Marikina City in the National Capital Region
(NCR).

3. On the Adolescent Health and Development component,


the LEARNING PACKAGE FOR PARENT EDUCATION ON
ADOLESCENT HEALTH AND DEVELOPMENT (LPPED) was
developed to equip parents with the necessary knowledge on
adolescent sexual and reproductive health concerns as well as
skills on how to communicate these concerns to their adolescent
children.The LPPED complements the training package for the
youth and adolescent which is called “Sexually Healthy and
Personally Effective Adolescent” or SHAPE.

4. On the Population and Development (POPDEV) Integration


Program, the “Sourcebook on Designing and Implementing PHE
Integrative Initiatives” was developed to highlight the population,
health, and environmental (PHE) concerns which are among the
crucial development issues that have to be addressed as we are
now beginning to feel the interlink of these three concerns and
their impact on our lives.

5. On Gender and Development, the MAGNA CARTA OF


WOMEN mandates all government offices, including government-
owned and controlled corporations and local government units to
adopt GENDER MAINSTREAMING as a strategy for implementing
the law and attaining its objectives. In this area, the PPMP is
adopting the Men’s Responsibility on Gender and
Development or MR GAD, which emphasizes the participation of
males in the Gender and Development issues. This is necessary
because the male is the other half of the couple and without the
participation of both partners, GAD issues cannot be easily
resolved.

 Why do we need a population program?

Name of Office: POPCOM

Population must be recognized as a principal element in long-range


planning, it the government is to achieve its economic goals and fulfill
the aspirations of its people.

 The Responsible Parenthood Program is firmly anchored in the


1987 Constitution, especially in Article XV, Section 3.1 and Article
II, Section 12.

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.”

 The Objectives of the of the PPMP are:

 Help couples/parents exercise responsible parenting to


achieve the desired number, timing, and spacing of children
and to contribute in improving maternal, neonatal and child
health, and nutrition (MNCHN) status;
 Help adolescents and youth avoid pre-marital sex, teenage
pregnancies, early marriages, sexuality transmitted infections
and other psycho-social concerns; and
 Contribute to policies, plans and programs that will assist
government to attain population growth and distribution
consistent with economic activities and sustainable
development.

 Policy Principles of PPMP

1. The central idea of the program is responsible parenthood. It is


oriented towards the overall improvement of family well-being; it
is not concerned with just fertility reduction. It views family
welfare, including that of the individual welfare, as the central
objective of the national development program. Thus, the
program promotes family development and responsible parenting.
It believes that parenting and raising a family is a shared
responsibility of the husband and the wife.

2. The program is non-coercive. It respects the rights of couples to


determine the size of their family and choose voluntarily the
means to do so in accordance with their moral convictions and
religious beliefs, and cultural mores and norms. It believes in
informed choice.

3. The program rejects abortion as a means to control


fertility. Abortion is illegal and the program will never consider it
as a family planning method.

4. The program promotes self-reliance and multi-sectoral


participation. It gives priority to projects that are self-sustaining
and with community participation. It encourages coordinative
and participative approaches through the participation of Local
Government Units and Non-Government Organizations and other
critical stakeholders.

5. The program adheres to gender equality and equity which is


non-discriminatory in all political, social, and economic
development concerns.

 POPCOM defines Family Planning as a program that enables


parents to deliberately and responsibly decide the number and
spacing of their children, by avoiding for the time being, or even for
an indefinite period, a birth. It is not a prognosis imposed on the
parents but an expression of responsible parenting based on
informed choices and decisions of couples to achieve their desired
family size based on their social and economic capacity.

 Responsible Parenthood, as defined in the Directional Plan of


POPCOM, is the will and ability of parents to respond to the needs
and aspirations of the family and children. It is a shared
responsibility of the husband and the wife to determine and
achieve the desired number, spacing, and timing of their children
according to their own family life aspirations, taking into account
psychological preparedness, health status, socio-cultural, and
economic concerns.
 The legal basis of the Philippine Population Program is Republic
Act 6365, otherwise known as the “Population Act of 1971.” It
created the Commission on Population (POPCOM). It was
amended in 1972 by Presidential Decree No. 79. As mentioned in
PD 79, the tandem of Responsible Parenthood and Family
Planning is the basic program of the Philippine Population
Program (PPP). The PPP was later renamed the Philippine
Population Management Program (PPMP).

Policies and Standards in Midwifery Education

Section 1. Midwifery practice in the Philippines has been recognized


as one of the primary health care services for the people. The role of
midwives has been expanded to address the basic health service
needs of mothers and their children. Midwifery Education must be
able to respond to those need by producing midwives who have
upto-date knowledge and skills and appropriate attitude necessary to
render midwifery services with competency and dedication. It is
therefore a declared policy of the CHED that midwifery education
shall be relevant and responsive to the emerging national and global
midwifery practice and development. Hence, quality educational
standards shall be attained through accreditation. (Sec. 1, Art. 1, CMO
33).

Authorization and Operation of Midwifery Schools. The CHED


requires that:

Section 2. All private higher education institutions (PHEIs) intending


to offer the Midwifery Education program must first secure proper
authority from the Commission in accordance with the existing rules
and regulations. State universities and colleges (SUCs), and local
colleges and universities should likewise strictly adhere to the
provisions in these policies and standards. Existing schools with two
(2) year program should secure permit prior to the offering of the
Bachelors Degree program. (Art.1, CMO 33).

Section 13. SCHOOL/ COLLEGE OF MIDWIFERY To be recognized as a


legally constituted institution for midwifery education, a
school/college of Midwifery must have a permit or recognition from
the Commission on Higher Education (CHED) to operate a Midwifery
program. The school/college must own or be affiliated through a
Memorandum of Agreement (MOA) with a twenty (20) bed maternity
hospital, with an 80% occupancy rate; or DOH accredited birthing
center/s with Maternal and Child Health services. A self managed
Birthing Center shall be required in the offering of the BS Midwifery
Program. (Art. VII, CMO 33).

Section 12. Program Administration A Midwifery school shall be


administered by a full-time Dean/Principal with the following
qualifications:

- Filipino citizen of good moral character

- Duly Registered Midwife (preferably BS in Midwifery) in the


Philippines, with valid and updated PRC ID, a Master’s Degree in
Allied health-related courses.

- Must have a minimum of five (5) years clinical, teaching,


administrative, managerial, or supervisory experience in Midwifery;

- Must be a member of good standing of PRC accredited professional


organization of Midwifery and the Association of Philippine Schools
of Midwifery (APSOM).
- The general functions and responsibilities of the Dean/ Principal as
stated, in the Manual of Regulations for private schools shall apply.

FACULTY. Each faculty member must possess the following


qualifications and academic preparation appropriate to his/her
teaching assignments: To teach Midwifery professional subjects,
he/she must: - Have a BS degree in Midwifery or Allied Health
Profession preferably with Masters degree in field of specialization. -
Be a duly Registered Midwife in the Philippines, with valid and
updated PRC ID - Member of good standing of accredited professional
organization - With at least two (2) years clinical experience in
her/his field of specialization and with teaching potentials. -
Preferably a holder of masters degree in her/his major/specialty
field.

LIBRARY

a. A well-equipped Midwifery library whether established


separately or as a section in a general library shall clearly be
defined as a Midwifery collection and shall be managed by a
professional librarian with a library assistant as necessary.
b. The library should have adequate space and resources, adequate
in quantity and quality including the currency of its collection.
Basic and reference materials relevant to liberal arts, midwifery
and professional subjects specified by the curriculum. These
resources shall serve the needs of the students and should allow
for expansion.
c. Midwifery students should have access to science libraries. The
total basic collection of relevant books and audio-visual reference
materials, (e.g. CD-ROM, slides, tapes, etc.) must be proportional
to the numbers of students: total 1-300 students, 1000 volumes ;
301-500 students, 3,000 volumes; over 500 students, 5000
volumes. There should be at least three (3) copies for textbooks
and one (1) copy for reference books per title. Recency of edition
should be at least 5 years or the latest edition available locally.
d. The institution offering the Midwifery program must assure
availability of the textbooks used by the students at the library.
e. The library should subscribe to an adequate number of scientific
journals and periodicals. It should also assure the subscription to
at least one (1) scientific journal of international circulation in
Midwifery and one (1) general scientific journal to update the
students and faculty staff in the latest development in the fields,
and internet access.

FACILITIES AND EQUIPMENT

• Classroom requirements

 The school, institution, college or university offering a Midwifery


program should provide for an adequate number of lecture rooms
and laboratories equipped with blackboards and desks for
adequate instruction. In addition, the use of audio-visual aids
should be encouraged.
 It should have its own fully equipped laboratory, distinct from the
clinical facilities of the hospital, for the purpose of providing
instruction and practice to students in the proper use of
modalities.
 Laboratory requirements
 Each laboratory room must be well-lighted and ventilated and
shall have an adequate supply of water, gas and/or electricity, as
needed.
 Safety devices/first aid facilities shall be readily accessible.
 Health Sciences and Midwifery Skills Laboratory
 The rooms should have adequate space for demonstration and
practice. It should not only contain instruments and equipment
found in a maternity hospital setting but should also depict a
simulated setting of a community, the home, health centers,
lyingin clinic or birthing home/center. It should have at least two
(2) doors which will serve as entrance and exit and there should
be a fire extinguisher installed near the door.
 A demonstration room where there is one (1) bed to eight (8)
students at one given time.

CLINICAL FACILITIES AND RESOURCES FOR CLINICAL PRACTICUM

It should include maternity hospitals, lying-in / birthing homes /


clinics, primary health care clinics (privately owned or government-
managed), midwifery clinics, community agency where collaboration
is undertaken in the practice of midwifery, and out-patient clinics.

a. Hospitals utilized by the midwifery students for clinical practicum


should be accredited by the National Center for Health Facility
Development of the DOH. The hospital may be owned and operated
by the School of Midwifery, or an attached institution to the School of
Midwifery operating under a Memorandum of Agreement. The
minimum capacity of 20 maternity beds and 80% bed occupancy rate
are required of every hospital used for the clinical experiences of
midwifery students.
b. Midwifery Clinics, Birthing Homes/Clinics, Community Health
Agencies and other health facilities utilized for purposes of providing
the clinical practicum of midwifery students should likewise be DOH-
accredited.
c. Parties entering into the contract for affiliation should provide and
maintain an environment conducive to the attainment of the
teaching-learning objectives.
d. The hospital/affiliating center should have a training coordinator
and the required staffing composed of qualified professional and
non-professional personnel. e. Health facilities utilized for clinical
practicum should have adequate physical facilities, supplies and
equipment for 65 effective maternal and newborn/infant care, to
complement the students’ learning experience such as: conference
room, library, comfort room, dressing room, lounge and locker.

PROGRAM SPECIFICATIONS

Section 3. Graduates of this program shall be conferred the


title/degree – Diploma in Midwifery/Bachelor of Science in
Midwifery

Section 4. Program Description

a. Diploma in Midwifery is a two-year program consisting of general


education and professional courses which prepare students for
entry-level midwifery competencies. This 2-year direct entry
program includes Clinical Practicum in Foundations of Midwifery,
Normal Obstetrics and Care of the Newborn, Introduction to High
Risk Obstetrics, Basic Care of Infants and Feeding, Basic Family
Planning, Primary Health Care and Midwifery Ethics, Law and
Practice. Graduates of the program are qualified to take the
government licensure examination.
b. Bachelor of Science in Midwifery is a four-year degree program
consisting of general education and professional courses which
prepare registered midwives for higher level midwifery
competencies. The program includes Clinical Practicum in
Management of OB Emergencies and High Risk Pregnancies, Care of
Infants and Children, Comprehensive Family Planning, Community
Health Service Management, Community Health Care Facility
Management, Midwifery Pharmacology, Research, Entrepreneurship,
Administration and Supervision. Students of the program may select
from any of the following Midwifery Majors: Education, Community
Health, Reproductive Health, Administration and Supervision or
Health Care Facility Management.

Objectives The Diploma in Midwifery aims to:

1. Develop the knowledge, attitude and skills of first level midwives


in the care of the girl-child, the adolescent, and the adult woman
prior to, during, and following pregnancy. This prepares the
midwives to: give the necessary supervision, care and advice to
women during pregnancy, labor and post-partum period; manage
normal deliveries on her own responsibility and care for the child.
2. Specifically, graduates of the 2-year program are expected to:
perform primary health care services within the community
(promotive and preventive care); counsel and educate women,
family and community regarding family planning including
preparation for parenthood/parenting; detect abnormal conditions
in the mother and infant; procure specialized assistance as necessary
(consultation or referral).

The Bachelor of Science in Midwifery aims to:

1. Develop higher level competencies of a midwife as a health care


provider: educator, researcher, supervisor and health care facility
manager /entrepreneur.
2. Specifically, this enables the graduates to:

2.1. give the necessary supervision, care and advice to highrisks


parturient;
2.2. execute emergency measures in the absence of medical
practitioners;
2.3. provide family planning services;
2.4. provide Integrated Management of Childhood Illness (IMCI)
services;
2.5. manage MCH clinics at the community level;
2.6. facilitate community organizing and social mobilization for
community development;
2.7. engage in independent, entrepreneurial health activities
including management of primary health care facilities;
2.8. implement/manage midwifery programs;
2.9. perform other health related functions as may be deemed
necessary by appropriate agency.

 Specific professions/careers, occupations or trades that the


graduates of the Diploma in Midwifery and B.S. in Midwifery may
be engaged as: (a) Diploma in Midwifery Staff Midwife-
Domiciliary Midwife, Rural Health Midwife, Clinical Instructor (b)
Bachelor of Science in Midwifery -Faculty/Trainer, Supervisor,
Principal, Health Facility Administrator, Researcher,
Entrepreneur/Clinic Owner/Manager and Health Program
Manager.

R.A. 7392, SEC. 24. CONTINUING PROFESSIONAL EDUCATION.

A REGISTERED MIDWIFE IS REQUIRED TO MAINTAIN COMPETENCE


BY CONTINUAL LEARNING THROUGH CONTINUING PROFESSIONAL
EDUCATION (CPE) TO BE PROVIDED BY THE ACCREDITED
PROFESSIONAL ORGANIZATION OR ANY RECOGNIZED
PROFESSIONAL MIDWIFERY ORGANIZATION: PROVIDED, THAT THE
PROGRAM AND ACTIVITY FOR THE CPE SHALL BE SUBMITTED TO
AND APPROVED BY THE PROFESSIONAL REGULATION COMMISSION,
AFTER DUE CONSULTATION WITH THE BOARD OF MIDWIFERY:
PROVIDED, FURTHER, THAT THE EARNED CPE UNITS SHALL BE
MANDATORILY REQUIRED FOR THE RENEWAL OF THE
PROFESSIONAL IDENTIFICATION CARD OF A REGISTERED MIDWIFE."

1. What is Republic Act No. 10912 all about?

 Republic Act No. 10912, otherwise known as the “Continuing Professional


Development (CPD) Act of 2016”, is an act which requires CPD as the
mandatory requirement for the renewal of Professional Identification Card.

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.

3. When is the implementation of R.A. No. 10912?

 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:

Year of Renewal Required Number of CPD Minimum allowed to be


CUs earned per year
2017 0 0
2018 15 15
2019 30 30
2020 45 45

TERMS:

 Continuing Professional Development (CPD) - refers to the


inculcation of advanced knowledge, skills and ethical values in a
post licensure specialized or in inter-or multi-disciplinary field of
study for assimilation to professional practice, self-directed
research and/or lifelong learning;
 Continuing Professional Development Council - refers to the duly
constituted body that is tasked to accredit CPD providers and
programs and to administer, implement and monitor the
implementation of the CPD requirement for midwives;
 Continuing Professional Development program/activity - refers to
a set of learning activities accredited by the CPD council such as
seminars, workshops, technical lectures, or subject matter
meetings, degree courses, non-degree training courses, lectures
and scientific meetings, modules, tours, and visits which are
aimed at equipping the professionals with advanced knowledge,
skills and values relevant to their professional practice
(prc.gov.ph).

IV. Activity

Instruction. Define the following Labor Laws:

1. Worker ____________________
2. Recruitment and placement_______________________
3. Private recruitment entity_________________________
4. Overseas employment______________________________
5. Emigrant____________________________________________
Labor Laws

Working Conditions and Rest Periods

ART. 82. Coverage. The provisions of this Title shall apply to


employees in all establishments and undertakings whether for profit
or not, but not to government employees, managerial employees,
field personnel, members of the family of the employer who are
dependent on him for support, domestic helpers, persons in the
personal service of another, and workers who are paid by results as
determined by the Secretary of Labor in appropriate regulations.

As used herein, "managerial employees" refer to those whose


primary duty consists of the management of the establishment in
which they are employed or of a department or subdivision thereof,
and to other officers or members of the managerial staff. "Field
personnel" shall refer to non-agricultural employees who regularly
perform their duties away from the principal place of business or
branch office of the employer and whose actual hours of work in the
field cannot be determined with reasonable certainty.

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. 86. Night-Shift Differential. Every employee shall be paid a


night shift differential of not less than ten percent (10%) of his
regular wage for each hour of.

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.

ART. 88. Undertime Not Offset by Overtime. Undertime work on


any particular day shall not be offset by overtime work on any other
day. Permission given to the employee to go on leave on some other
day of the week shall not exempt the employer from paying the
additional compensation required in this

ART. 89. Emergency Overtime Work. Any employee may be


required by the employer to perform overtime work in any of the
following cases:
(a) When the country is at war or when any other national or local
emergency has been declared by the National Assembly or the Chief
Executive;
(b) When it is necessary to prevent loss of life or property or in case
of imminent danger to public safety due to an actual or impending
emergency in the locality caused by serious accidents, fire, flood,
typhoon, earthquake, epidemic, or other disaster or calamity;
(c) When there is urgent work to be performed on machines,
installations, or equipment, in order to avoid serious loss or damage
to the employer or some other cause of similar nature;
(d) When the work is necessary to prevent loss or damage to
perishable goods; and
(e) Where the completion or continuation of the work started before
the eighth hour is necessary to prevent serious obstruction or
prejudice to the business or operations of the employer. Any
employee required to render overtime work under this Article shall
be paid
the additional compensation required.
ART. 90. Computation of Additional Compensation. For purposes
of computing overtime and other additional remuneration as
required by this Chapter, the "regular wage" of an employee shall
include the cash wage only, without deduction on account of facilities
provided by the employer.

WEEKLY REST PERIODS


ART. 91. Right to Weekly Rest Day.
(a) It shall be the duty of every employer, whether operating for
profit or not, to provide each of his employees a rest period of not
less than twenty-four (24) consecutive hours after every six (6)
consecutive normal work days.
(b) The employer shall determine and schedule the weekly rest day
of his employees subject to collective bargaining agreement and to
such rules and regulations as the Secretary of Labor and Employment
may provide. However, the employer shall respect the preference of
employees as to their weekly rest day when such preference is based
on religious grounds.
ART. 92. When Employer May Require Work on a Rest Day. The
employer may require his employees to work on any day:
(a) In case of actual or impending emergencies caused by serious
accident, fire, flood, typhoon, earthquake, epidemic or other disaster
or calamity to prevent loss of life and property, or imminent danger
to public safety;
(b) In cases of urgent work to be performed on the machinery,
equipment, or installation, to avoid serious loss which the employer
would otherwise suffer;
(c) In the event of abnormal pressure of work due to special
circumstances, where the employer cannot ordinarily be expected to
resort to other measures;
(d) To prevent loss or damage to perishable goods;
(e) Where the nature of the work requires continuous operations and
the stoppage of work may result in irreparable injury or loss to the
employer; and
(f) Under other circumstances analogous or similar to the foregoing
as determined by the Secretary of Labor and Employment.

ART. 93. Compensation for Rest Day, Sunday or Holiday Work.


(a) Where an employee is made or permitted to work on his
scheduled rest day, he shall be paid an additional compensation of at
least thirty percent (30%) of his regular wage. An employee shall be
entitled to such additional compensation for work performed on
Sunday only when it is his established rest day.
(b) When the nature of the work of the employee is such that he has
no regular workdays and no regular rest days can be scheduled, he
shall be paid an additional compensation of at least thirty percent
(30%) of his regular wage for work performed on Sundays and
holidays.
(c) Work performed on any special holiday74 shall be paid an
additional compensation of at least thirty percent (30%) of the
regular wage of the employee. entitled to an additional compensation
of at least fifty per cent (50%) of his regular wage.
(d) Where the collective bargaining agreement or other applicable
employment contract stipulates the payment of a higher premium
pay than that prescribed under this Article, the employer shall pay
such higher rate.
HOLIDAYS, SERVICE INCENTIVE LEAVES, AND SERVICE CHARGES
ART. 94. Right to Holiday Pay.
(a) Every worker shall be paid his regular daily wage during regular
holidays, except in retail and service establishments regularly
employing less than ten (10) workers;
(b) The employer may require an employee to work on any holiday
but such employee shall be paid a compensation equivalent to twice
his regular rate; and Thursday, Good Friday, the ninth of April, the
first of May, the twelfth of June, the fourth of July, the thirtieth of
November, the twenty-fifth and thirtieth of December and the day
designated by law for holding a general election.
ART. 95. Right to Service Incentive Leave.
(a) Every employee who has rendered at least one year of service
shall be entitled to a yearly service incentive leave of five days with
pay.
(b) This provision shall not apply to those who are already enjoying
the benefit herein provided, those enjoying vacation leave with pay of
at least five days and those employed in establishments regularly
employing less than ten employees or in establishments exempted
from granting this benefit by the Secretary of Labor and Employment
after considering the viability or financial condition of such
establishment.
(c) The grant of benefit in excess of that provided herein shall not be
made a subject of arbitration or any court or administrative action.
ART. 96. Service Charges. All service charges collected by hotels,
restaurants and similar establishments shall be distributed at the
rate of eighty-five percent (85%) for all covered employees and
fifteen percent (15%) for management. The share of the employees
shall be equally distributed among them. In case the service charge is
abolished, the share of the covered employees shall be considered
integrated in their wages.

BASIC RIGHTS OF WORKERS

 Equal Work Opportunities for All


The State shall protect labor, promote full employment, provide equal work
opportunity regardless of gender, race, or creed; and regulate employee-
employer relations.
Male and female employees are entitled to equal compensation for work of
equal value and to equal access to promotion and training opportunities.
Discrimination against female employees is unlawful. It is also unlawful for an
employer to require a condition of employment that a woman employee shall not
get married, or to stipulate expressly or tacitly that a woman employee shall be
deemed dismissed upon marriage.
The minimum age of employment is 18 years for hazardous jobs, and 15 years
for non-hazardous jobs. But a child below 15 maybe employed by parents or
guardians in a non-hazardous job if the employment does not interfere with the
child's schooling.

 Security of Tenure

Every employee shall be assured security of tenure. No employee can be


dismissed from work except for a just or authorized cause, and only after due
process.
Just Cause refers to any wrongdoing committed by an employee including:
1. serious misconduct
2. willful disobedience of employers' lawful orders connected with work
3. gross and habitual neglect of duty
4. fraud or willful breach of trust
5. commission of crime or offense against the employer, employer's family
member/s or representative
6. other analogous cases
Authorized Cause refers to an economic circumstance not due to the
employee's fault, including:
1. the introduction of labor-saving devices
2. redundancy
3. retrenchment to prevent losses
4. closure or cessation of business
Due Process in cases of just cause involves:
1. notice to employee of intent to dismiss and grounds for dismissal
2. opportunity for employee to explain his or her side
3. notice of decision to dismiss
In authorized causes, due process means written notice of dismissal to the
employee specifying the grounds, at least 30 days before the date of termination.
The inability of a probationary employee to meet the employer's prescribed
standards of performance made known to him or her at the time of hiring is also
a just cause for dismissal.

 Work Days and Work Hours

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.

 Weekly Rest Day

A day-off of 24 consecutive hours after 6 days of work should be scheduled by


the employer upon consultation with the workers.

 Wage and Wage-Related Benefits

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

Nightwork prohibition unless allowed by the Rules:


 in industrial undertakings from 10PM to 6AM
 in commercial/non-industrial undertakings from 12MN to 6AM
 in agricultural undertakings, at night time unless given not less than 9
consecutive hours of rest
Welfare facilities must be installed at the workplace such as seats, separate
toilet rooms, lavatories, and dressing rooms.
Prohibition against discrimination with respect to pay (i.e. equal pay for work
of equal value), promotion, training opportunities, study and scholarship grants.

 Employment of Children

Minimum employable age is 15 years. A worker below 15 years of age should


be directly under the sole responsibility of parents or guardians; work does not
interfere with child's schooling/normal development.
No person below 18 years of age can be employed in a hazardous or
deleterious undertaking.

 Safe Working Conditions

Employers must provide workers with every kind of on-the-job protection


against injury, sickness or death through safe and healthful working conditions.
Jobs may be hazardous or highly hazardous. Hazardous jobs are those which
expose the employee to dangerous environment elements, including
contaminants, radiation, fire, poisonous substances, biological agents and
explosives, or dangerous processes or equipment including construction, mining,
quarrying, blasting, stevedoring, mechanized farming and operating heavy
equipment. If you need further information on the provisions of the OSH
Standards, please click here (OSH Standards) and LCP, Book IV

 Right to Self-Organization and Collective Bargaining

The right to self-organization is the right of every worker, free of any


interference from the employer or from government, to form or join any
legitimate worker's organization, association or union of his or her own choice.
Except those classified as managerial or confidential employees, all employees
may form or join unions for purposes of collective bargaining and other
legitimate concerted activities. An employee is eligible for membership in an
appropriate union on the first day of his or her employment.
Collective Bargaining involves two parties:
1. the representative of the employer
2. a union duly authorized by the majority of the employees within a
bargaining unit called exclusive bargaining agent.
It is a process where the parties agree:
1. to fix and administer terms and conditions of employment which must
not be below the minimum standards fixed by law
2. to set a mechanism for resolving their grievances
The result of collective bargaining is a contract called collective bargaining
agreement (CBA). A CBA generally has a term of five years. The provisions of a
CBA may be classified as political or economic. Political provisions refer to those
which define the coverage of the CBA and recognize the collective bargaining
agent as the exclusive representative of the employees for the term of the CBA.
Economic provisions refer to all terms and conditions of employment with a
monetary value. Economic provisions have a term of five years but may be
renegotiated before the end of the third year of effectivity for the CBA.

 EC Benefits for Work-Related Contingencies

The Employees' Compensation Program is the tax-exempt compensation


program for employees and their dependents created under Presidential Decree
No. 626 which was implemented in March 1975. The benefits include:
 Medical benefits for sickness/injuries
 Disability benefits
 Rehabilitation benefits
 Death and funeral benefits
 Pension benefits

Empowering Midwives through Education

 The emerging trends in midwifery education is


professionalization. The traditional two year midwifery course
can now be ladderized with nursing or midwifery. It means that
holders of a two year vocational midwifery can pursue either a
Bachelor of Science in Nursing (BSN) or Bachelor of Science in
Midwifery (BSM). This program is an important milestone in
midwifery, the passing of which has long been neglected. As to the
BSM degree, on June 7, 2007, the CHED, through its chair Carlito S.
Puno, issued CHED Memorandum Order (CMO) No. 33, s. 2007,
entitled, Policies and Standards for Midwifery Education, “ which
took effect beginning school year 2007-2008. The said order
acknowledged the primary healthcare services of midwives for
the people. Its primary aim is to make midwifery education
responsive “to those needs (and aspirations) by producing
midwives who have up to date knowledge and skills and
appropriate attitude necessary to render midwifery services with
competency and dedication”(Sec. 1, Art. 1, CMO 33).

CHALLENGES AND PROSPECTS IN MIDWIFERY

 The health and survival of mothers and their newborn are


intertwined. It means that neonatal death could lead to maternal
death. It means showing the incidence of fetal deaths in the
Philippines are as alarming as those of maternal mortality rate.
 One in every 140 pregnant women dies in childbirth in the
country. Eleven Filipino
pregnant women die each
day (some 4,500each year)
due to complications in
childbirth brought by
hemorrhage, sepsis,
hypertension and abortive
outcomes, which are
actually preventable.
 Seventy percent of these
deaths occur at childbirth or within a day after delivery. Added to
these are the risks of maternal and neonatal death brought by
unplanned, unwanted, or unsupported pregnancies.
 These are just among the challenges confronting the Philippine
Health Care system as a whole. These problems have something
to do with access to healthcare, availability of healthcare
professionals and adequacy of health practitioners to address the
health needs of the people, particularly to address the health
needs of the people, particularly the marginalized.
 The foregoing health concerns or problems can be minimized, if
not prevented, by enhancing the practice of midwifery. It is now
time to discourage hilot to improve the state of maternal and
neonatal state of Filipinos. Elevating the state of midwifery
education in the Philippines is formidable action to address the
said issues. As senator Mar Roxas said, quoting Mother-Baby
Package of the World Health Organization, “ the best person
equipped to provide community-based, technologically
appropriate, and cost-effective care to women during their
reproductive lives is the person with midwifery skills who lives in
the community alongside the women she treats. Midwives
understands women’s concerns and preoccupations.”
 Today, midwifery is regarded as a second class profession
because it remains in the category of non-supervisory or civil-
service sub-professional level, or as a technical-vocational course.
 Hopefully, this scenario will change with the ladderized education
program of the government which aims to open opportunities for
career and educational advancement of midwifery students and
midwives, be they in public or private institutions.
 At present and in spite of their enormous responsibilities,
midwives cannot even get a supervisory position, whether in
public or private institutions, because midwifery is not
considered a professional degree even with its licensure
examination.
 However, midwives undeniably play a key role in delivering
health services that produce direct and immediate results. They
patient oriented and patient-focused because their care or
services are accessible, affordable, and appropriate to the needs
of individuals and their families. They are vital to the
government’s effort to deliver quality and effective health
services, particularly in the depressed areas.
 One major concern of our health care system is the lack of
professional healthcare practitioners such as doctors and nurses
in the rural areas, especially because some people still consider
midwifery as a vocational and not a professional practice.
However, midwives are practically used or forced to provide the
health needs of the people even if they are trained only in
maternal and child healthcare for natural birth. It is just timely to
professionalize midwifery to further promote effective and
quality healthcare delivery services.

CURRENT TRENDS IN MIDWIFERY

 Birthing centers-Midwife Led Birthing Unit


 Team Midwifery practice
 Family centered midwifery practice
 Women Friendly Services
 Complementary and alternative medicines
 Natural birth
 Evidence birth.

V. Evaluation

Essay: Briefly answer the question(20). Write your answer on a


separate sheet of white paper. Please indicate your name, section,
date and subject. Send your answers on my email add:
[email protected].
1. What are the challenges faced by the midwives during the COVID-
19 pandemic? Is technological advancement like telemedicine and
telehealth affects midwifery practice? (Kindly elaborate your
answers and please do not copy paste from internet sources).

End of Module.

Strive for progress, Not perfection.

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