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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" Sec. 2. Declaration of Policy and Objective. — The State shall instill health consciousness among our people to effectively carry out the health programs and projects of 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 health 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 renewable thereafter but that the appointee may be replaced sooner if (a) 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 and Merit
Promotion. — The Secretary of Health, upon consultation with the proper
government agency concerned and the Management-Health Workers'
Consultative Councils, as established under Sec. 33 of this Act,
shall prepare a uniform career and personnel development plan
applicable to all public health personnel. Such career and personnel
development plan shall include provisions on merit promotion,
performance evaluation, in-service training grants, job rotation,
suggestions and incentive award system. Sec. 6. Transfer of 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 worker 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 the time of reinstatement. Sec. 9. Discrimination Prohibited. — A public
health worker shall not be discriminated against with regard to gender,
civil status, creed, religious or political beliefs and ethnic
groupings in the exercise of his/her profession. Sec. 20. Additional Compensation. — Notwithstanding Section 12 of Republic Act No. 6758, public health workers shall receive the following allowances: hazard allowance, subsistence allowance, longevity pay, laundry allowance and remote assignment allowance. Sec. 21. Hazard Allowance. — Public health workers in hospitals, sanitaria, rural health units, main health centers, health infirmaries, barangay health stations, clinics and other health-related establishments located in difficult areas, strife-torn or embattled areas, distressed 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 allowances 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 Worker's Consultative Councils, as established under Sec. 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 filled 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 such
remote post or station, upon assuming or leaving such position and
during official trips. Sec. 26. Housing. — All public health workers who
are on tour of duty and those who, because of unavoidable circumstances
are forced to stay in the hospital, sanitaria or health infirmary
premises shall be entitled to free living quarters within the hospital,
sanitarium or health infirmary or if such quarters are not available,
shall receive quarters allowance as may be determined by the Secretary
of Health and other appropriate government agencies concerned:
provided, that this rate shall be reviewed periodically and increased
accordingly by the Secretary of Health in consultation with the
appropriate government agencies concerned. Sec. 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 public 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 for 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 workers, 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 service, they shall be entitled to all accumulated leave credits with pay. Sec. 30. Highest Basic Salary Upon Retirement. — Three (3) months 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 benefit 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 form, join or assist
organizations or unions for purposes not contrary to law in order to
defend and protect their mutual interests and to obtain redress of
their grievances through peaceful concerted activities. 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 Workers' Organizations. — In the formulation of national policies governing the social security of public health workers, professional and health workers' organizations or unions as well as other appropriate government agencies concerned shall be consulted by the Secretary of Health. For this purpose, Management-Health Workers' Consultative Councils for national, regional and other appropriate levels shall be established and operationalized. Sec. 34. Health Human Resource Development/
Management Study. — The Department of Health shall conduct a periodic
health human resource development/management study into, among others,
the following areas: 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. 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 proposed benefits until the total of Nine hundred
forty-six million six hundred sixty-four thousand pesos
(P946,664,000.00) is attained within five (5) years. Sec. 39. Penal Provision. — Any person who shall
willfully interfere with, restrain or coerce any public health worker
in the exercise of his/her rights or shall in any manner commit 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 Forty thousand pesos (P40,000.00) or
imprisonment of not more than one (1) year or both at the discretion of
the court. Sec. 40. Separability Clause. — If any provision of this Act is declared invalid, the remainder of this Act or any provision not affected thereby shall remain in force and effect. Sec. 41. Repealing Clause. — All laws, presidential decrees, executive orders and their implementing rules, inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. Sec. 42. Effectivity. — This Act shall take effect
fifteen (15) days after its publication in at least two (2) national
newspapers of general circulation. Approved: March 26, 1992 |
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