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This page features the full text of
Republic
Act No. 7305
THE
MAGNA CARTA OF PUBLIC HEALTH WORKERS
REPUBLIC
ACT NO. 7305
THE
MAGNA CARTA OF PUBLIC HEALTH WORKERS
SECTION
1. Title. - This Act shall be known as the "Magna Carta of
Public
Health Workers."
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robles virtual law library
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.
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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.
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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;
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(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.
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(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.
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.
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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;
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(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.
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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.
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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.
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