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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."chan 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;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.chan robles virtual law library
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.
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;
SEC. 13. Duties and Obligations. - The public health workers shall:
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:
(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. 17. Work During Rest Day. -
SEC. 18. Night-Shift Differential. -
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.
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.chan robles virtual law library
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:
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;chan robles virtual law library
(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
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.chan robles virtual law library
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. chan robles virtual law library
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.