VIDEO 10 - CHAPTER 10 magna carta of public health

Section 1: Magna Carta for Public Health Workers

Section 2: declaration of policy and objectives

(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
(c) to encourage those with proper qualifications and excellent abilities to join and remain in government
service.
- Ang magna carta only covers government nurses and not working in private hospitals

Section 3: definition
“Health workers" shall mean all persons who are engaged in health and health-related work employed in
hospitals and other health-related establishments owned and operated by the government and its political
subdivisions with original charters, and shall include medical and allied health professionals, administrative
and support personnel employed regardless of their employment status (whether contractual ra or
permanent)
(jig: this law applies to all health workers of the government)
(jig: nurses working for private entities must consult PD 442 [Labor Code of the Philippines which has similar
provisions with this law, but case is brought to DOLE (Department of Labor and Employment]-Labor Arbiter).
- That means nga if private hospital employee ka sa DOLE or sa NLRCE ka mu duol ug dili sa civil service
commission.

Section 4: recruitment and qualification

● Uses the standards of Civil Service Commission
● pertinent law here: Executive Order 209 [EO 209]: The Administrative Code of 1987 on the Civil Service
Commission
Allows for temporary appointment (has all the requirement except civil service eligibility)(not less than 3 mos;
not more than 12 mos); renewable thereafter; may be replaced sooner if (a) a qualified civil service eligible
become available, or (b) if found wanting
(jig: still h jollow die process; usually if found wanting, not renewed after the 12 month contract)
- Temporary appointment meaning contractual basis. Your contract is renewed every year (CI sa iit). If
the management is satisfied with your performance then ma renew ka. Pero sa nurses dapat dili
mulapas more than 12 months ang temporary appointment. Dayun renewable dayun after sa 12
months. After 12 months mu expire ang contract and its either ma renew ka or dili maong less security
if contractual raka.
- They can also be replaced sooner if a civil service eligible becomes available or if found wanting
however this must still follow due process. If found wanting they are not renewed after the contract.

Section 5: Performance evaluation and merit promotion

- shall be in accordance with the rules of the Civil Service Commission.

Section 6; Transfer or geographic reassignment of public health workers

(a) equivalent rank, level or salary without break in service
(b) "reassignment"; is defined movement from one geographical location to another
(c) in the interest of public service; if health worker believes there is no justification for the reassignment,
appeal to the Civil Service Commission, which shall cause the reassignment to be held in abeyance
- no transfer or reassignment 3 mos before any local or national election. (To prevent buying votes)
- Necessary expenses for assignment of health worker and his/her immediate family shall be paid by the
government.
 - usually and naay problema sa reassignment kay ang naa nay family or business sa lugar. Pwede mu
appel sa civil service commission kung naay problem sa reassignment.
- If tanawon nimo ang paragrah a sa pag reassign dapat naay equivalent nga rank so kung ireassign ka
dapat same rag level kay kung ibalhin ka dayun sa lower rank ka ibalhin ang tawag na ana ky
constructive dismissal which pwede ka maka file ug administrative complaint sa tao nga nag buhat ana
saimo.
- What is constructive dismissal? Wala ka gi literal nga gi dismiss pero ingana ilang gi buhat. Ilang
gibutang ka sa circumstance nga miserable para gusto na nuon ka mu resign which is wrong and pwede
ma punish with administrative law.

Section 7: Married public health workers

Whenever possible, proper authorities take steps to assign or employ them in the same municipality, but not
in the same office.

Section 8: Security of Tenure

If regular employment: service not terminated except for cause provided by law and after due process.
If found to be unjustly dismissed from work by the Civil Service Commission, your entitled to reinstatement
without loss of seniority rights and back wages with 12% interest from time compensation was withheld up to
time for reinstatement
(jig: 12% est is per annum)
(jig: security of tenure only applies to regular employees; temporary employees only get due process)
- Meaning kung illegal ka gi pahawa sa pwesto tapos nahibalan sa civil service commission ipa reinstate
ka or ibalik ka sa pwesto along with back wages (imong salary nga gi tanggal ka).
- Recap: Temporary employees are employeed only maximum of 12 months then naa ra sa employer
kung ma renew. This doesnt mean nga temporary raka wala nakay security of tenure during sa 12
months nga naa kay gi sign nga contract, naa kay security of tenure. Dili ka ma basta basta ma tanggal
kung na cover pa sa contract except kung naa kay criminal or administrative violation.

Section 9: Discrimination prohibited

Gender, civil status, creed, religious or political beliefs and ethnic groupings

Section 10: No understaffing/Overloading of Health

Staff
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 overextending his/ her duty and service
Jig: if you notice, the ratio was not specified
Health students and apprentices shall be allowed only for the purpose of training and education
Substitute officers and employees for those who are on leave for over 3 months.

Section 11: Administrative Charges

administrative charges against a health worker shall be heard by a committee composed of the
A)provincial health officer of the province where the health worker belongs: chairman
B)Representative of existing national or provincial public health worker's organization or in its absence, a local
counterpart
C)Supervisor of the district
(both B and C designated by the provincial health officer)
Committee shall submit their findings and recommendations to the Secretary of Health within 30 days from
the termination of the
hearings
when the provincial health officer is an interested party, all the members of the committee shall be appointed
by the Secretary of health.

Section 12: Safeguards in Disciplinary procedures

In Every disciplinary proceeding, the 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; adequate time
given for the preparation at his (her defense;
d)The right to confront witnesses presented against him/her and summon witnesses in his/her behalf;
- If you are filed with an administrative case you have the right to have a lawyer. Other provisions are
standard for due process.
e)The right to appeal to designated authorities
(jig: in the Rules of Court: appeal is not a right, but only a privilege; but the rules of court don't strictly apply to
administrative cases)
f)The right to reimbursement of reasonable expenses incurred in his/her defense in case of exoneration or
dismissal of the charges;
(jig: this is called "attorney's fee" in the award; it is given to the respondent, not the lawyer)
- example naay nag file kaso saimo dayun walay bearing na case, when you win, part sa award kay ang
attorney fee pero dapat naka butang sa pleading nga ga pray sad ka sa attorney’s fee. When na nila
ihatag? Pag human sa case imoa na na.
g)Such other rights as will ensure fairness and impartiality during proceeding

Section 13: Duties and obligations

(a) discharge duty with conscience and dignity
(b)perform duty with utmost respect for life
(c)exercise function without consideration to race, gender, religion, capacity to pay.

Section 14: code of conduct

Code of conducts for public health workers to be distributed by the Secretary of Health within 6 mos from
approval of this act.

Section 15: Normal hours of work

Not exceed 8 hours a day or 40 hours a week
- why 8 hours ra? Kay sa 18th century more than 8 hours sila ga work pero it is soon found out nga dapat
8 hours lng kay need sa person mag sleep atleast 8 hours a night for health requirements.
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
(b) all the time on which a public health worker is suffered or permitted to work.
(jig: labor code has similar provision).
Time placed on "On Call" status: not hours worked; but entitle health worker to "On Call" pay equivalent to
50% of his/her regular wage.
- "on call": condition in which health worker are called upon to respond to urgent or immediate need for
health/medical assistance or relief work such that he/she cannot devote the time for his/her own use

Section 16: Overtime work

When the exigencies (needs) of service are so require, any public health worker may be required to render
service rendered beyond the normal 8 hours a day.
(jig; must be required; you can't just opt to render overtime work)
 - dapat naay order nga nag overtime ka. Dili pasabot nga naa paka sa office after saimong working hours,
overtime na na.
Paid additional compensation in accordance with existing laws and prevailing practices
- the magna carta of public health workers doesnt specify how much additional pay should be given.
(jig: article 87 pd 442 or labor Code of the Philippines: additional ”atleast" 25% irregular wage (per hour])
- meaning if imong per hour kay ₱100 so karon nga ga overtime naka ₱125 na imong per hour.

Section 17: Work during rest day

(a) paid additional compensation in accordance with existing laws
(jig: art 87, PD 442: additional "at least" 30 % of regular wage (per hour))
- so example ₱100/hr imong regular working days if mu work ka sa rest day, ₱130/hr ka ana nga adlaw.
(b) work during special holiday, paid an additional compensation in accordance with existing laws
(Jig: art 93, PD 442 additional "at least" 30% of regular wage (per hour))
(c)work during special holiday which falls on worker's rest day, paid an additional compensation in accordance
with existing laws
(jig: art 93, PD 442: additional "at least" 50% of regular wage [per hour])
- example imong rest day na hulog sa special holday dayun mo work ka 50% additional dapat madawat
ana nga salary ana nga day.
(jig: % is "at least": no law prohibiting the employer from giving more)

Section 18: Night shift differential

10 % of regular wage per hour
If required to work overtime at night from 10pm to 6am: gets regular wage+overtime rate + night shift
differential [10% of overtime rate per hour)
- if you work at night shift it is more dangerous to your health because biological repairs happen at night
that wont happen if you are working.

Section 19: Salaries

(c) in legal tender or checks
- dili ka pwede hatagan ug unacceptable bills/material things.
(d) deductions prohibited, except under specific provisions of law; or upon written authorization of public
health worker, can deduct:
(a) lawful fees or dues owing to organization of public health worker;
(b) premiums properly due to all insurance policies, retirement and medicare
- mga sss, philhealth, pag ibig etc.

Section 20: Additional compensation

Per section 12 of RA 6785
-hazard allowance
-subsistence allowance
-longevity pay
-laundry allowance
-remote assignment allowance

Section 21: Hazard allowance

“strife-torn or embattled areas"
At least 25% of basic monthly salary for those health workers with salary grade 19 and below;
At least 5% of basic monthly salary for those health workers with salary grade 20 and above.
(jig: joint circulars from DOH and DBM or Department of Budget and Management under former Sec Abad
modified the law; it's not a fixed 25% of monthly salary; it's now based on the actual number of days of the
month you were exposed to the hazard)

EN BANC
- G.R. No. 207145 July 28, 2015
- GIL G. CAWAD, MARIO BENEDICT P. GALON, DOMINGO E. LUSAYA, JEAN V. APOLINARES, MA, LUISA S.
OREZCA, JULIO R, GARCIA, NESTOR M, INTIA, RUBEN C. CALIWATAN, ADOLFO Q. ROSALES, MA. LUISA
NAVARRO, and the PHILIPPINE PUBLIC HEALTH ASSOCIATION, INC, Petitioners,
- VS.
- FLORENCIO B. ABAD, in his capacity as Secretary of the Department of Budget and management
(DEM); ENRIQUE T. ONA, in his capacity as Secretary ( Department of Health (DOH); and FRANCISCO T.
DUQUE 111, in his capacio as Chairman of the Civil Service Commission (CC). Respondents,
- 7.2.2 PHWs whose positions are at SG-20 and above may be entitled to Hazard Pay at 5% of their
monthly basic salaries for all days of exposure to high risk and/or low risk hazards.
- However, those exposed to high risk hazards for 12 or more days in a month may be entitled to a fixed
amount of P4,989.75 per month.
- (jig: DBM or Department of Budget and Management under former Sec Abad made joint circulars with
DOH; hazard pay is no longer a fixed 5% per month for salary grade 20 and up; it's now calculated per
day of month you are exposed to high risk or low risk.
- But if exposed to hazard for 12 days or more, gets a fixed amount of Php4,989.75

Section 22: Subsistence allowance

if required to render service within hospitals and health-related establishments to make their services
available at any and all times, full subsistence allowance of 3 meals.
- example private nurse ka dayun gikuha ka sa government kay hurot na ang nurses then dapat naa kay
subsistence allowance.
(jig: joint circular by DBM and DOH modified this. Php50 per day or Php 1,500 month subsistence allowance
for full time public health workers: half that amount for part-time public health workers [Php 25 per day]).

Section 23: Longevity pay

For every 5 years of continuous, efficient and meritorious services rendered as certified by the chief of office
concerned: gets 5% of monthly basic pay.
(jig: law was modified by a joint circular of DBM (department of budget and management] and Department of
Health; only those with a status in the plantilla of regular positions can receive this)
Section 24: Laundry allowance
₱ 125 per month (to be reviewed periodically and increased by DOH in consultation with appropriate
government agencies)

Section 25: Remote Assignment allowance

Place So far, not been filled for 2 years prior to approval of this act, gets incentive bonus of 50% of basic pay +
reimbursement for transportation expenses to and from + priority in promotion
Tour not to exceed 2 years unless there are no positions for their transfer or they prefer to stay

Section 26: Housing

Because of unavoidable circumstances are forced to stay in the hospital shall be entitled to free living quarters
if no space available, quarters allowance determined by Sec of health and approp govt agencies (rate
periodically increased).

Section 27: Medical Examination

compulsory medical examination provided free of charge once a year during the tenure of employment of the
public health worker
Treatment and hospitalization for those already in government service shall be provided free either in a
government or a private hospital by the government entity paying the salary of the public
Provided further, that the cost of such medical examination and treatment shall be included as automatic
appropriation in the said entity's and well budget.

Section 28: Compensation for injuries

Employment injuries
- presumption: injuries incurred while doing overtime work are work- connected
-
Section 29; leave benefits for public health workers
Vacation and sick leave maternity leave
- up to 100 days leave for mothers up to 4 pregnancy only whether married or not.
- Paternity leave only 10 days only if married.
Upon separation from service: entitled to accumulated leave credits with pay.

Section 30: Highest basic salary upon retirement

3 mos prior to compulsory retirement, granted 1 salary range or grade higher, computed on the basis of
his/her highest salary.
- 60 years old ang retirement age.

Section 31: Right to Self-organization

public health workers can organize or join organizations, 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
(jig: government health workers can't strike because their salaries and conditions of their employment are
governed by law, and not by collective bargain agreement with their employer as in the case of private health
workers the remedy— lobby (influence members in congress) for a change in the law)
- difference of private hospital nurse and public hospital nurse when it comes sa strike kay: kung private
hospital pwede maka join union ug strike pero dapat naay adequate number japon of staff to take care
of the patients or else pwede ma reklamo ug abandonment. Sa government hospital dili pwede ka
strike kay walay silbi kay ang law ang ga basehan sa salary. Ang mga boss or chief sa hospital cannot
change the law. Only the government can do that.
Section 32: Freedom from interference or coercion
Unlawful for any person
A)To require as a condition for employment that health worker shall not join a health workers' organization or
union
B)Discriminate in hiring or tenure of employment to encourage or discourage membership in health workers'
union
C)Prevent health worker from carrying out duties of his position in the union and penalize him for action
undertaken in such capacity
- meaning union busting na and if ikaw lugar ang elected napresident ana na union and ikaw nga
employer nasuko tapos imong gihimo nga stressful ang environment sa kato nga nurse unya gusto na
nuon siya mag resign then ang tawag ana kay constructive dismissal which is an anti union activity.
D)Harass or interfere with functions of health worker to intimidate or prevent performance of duties
E)Otherwise interfere with organization, functioning or administration of health workers' organization
(jig: penalty: 20k-40k, and/or 1 year imprisonment plus
disqualification, upon conviction)(section 39 of this Act)
- disqualification for holding public office

Section 33: Consultation with health workers' organization

By Secretary of health in the formulation of national policies governing social security of public health workers,
professional and health workers' organizations or unions.

Section 34: Health human resource development/management study

By DOH to determine adequacy of facilities and supplies to render quality health care
upgrading of positions and pay of public health workers who undertake post-graduate studies (shall not be
more often than every 2 years)

Section 35: rules and regulations

To be made by secretary of health

Section 36: Prohibition against double recovery of benefits

Section 37: Prohibition against elimination and/or diminution of already existing benefits

Section 38: budgetary estimates

By secretary of health with consultation with the department of budget and management.

Section 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 Php 20k-40k or imprisonment 1yr or both at the discretion of
the court.
If the offender is a public official, court may also impose a penalty of disqualification from office.

Section 40: Separability clause

If any provision of this act declared invalid, remainder which are not affected shall remain in force and effect.

Section 41: Repealing clause

All laws inconsistent with this Act hereby repealed or amended or modified accordingly

Section 42: Effectivity

15 days after its publication in at least 2 newspapers of general circulation
Approved march 26,1992.

Situation 4; Changes in technology, the nation's economy and the increasing number of population have
brought about changes in the Health Care System,

Question: Which of the following is the MOST recent government initiative to help subsidize the cost of health
services for both the employed and the unemployed?
Answer: National Health Insurance Act

Question: How much is normal hours of work?

Answer: 8 hours a day or 140 hours a week

Question: how much is overtime pay?

Answer: 25% of regular wage

Question: How much is the night shift differential?

Answer: 10% of regular wage

Question: how much is rest day pay?

Answer: 30% of regular wage

Question: how much is special holiday pay?

Answer: 30% of regular wage

Question: How much additional compensation will the health worker get if he works on a special holiday
which falls on his rest day?
Answer: 50% of regular wage

Question: When are the times covered by Night shift differential?

Answer: 10pm to 6am

Question: Can government health workers organize to form unions?

Answer: Yes

Question: Can government health workers on-duty hold a strike?

Answer: No

Question: Does a temporary employee have security of tenure?

Answer: No
- pero naa kung covered ka sa contract nga naa ka sa contract.

Question: Does the magna carta of public health workers apply to nurses working in private hospital?
Answer: No