Photo from Unsplash | Rusty Watson
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE
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.” (Section 8, R.A. No. 7305 or the Magna Carta of Public Health Workers)
Who are considered as public health workers?
The law says:
The Magna Carta of Public Health Workers (Republic Act No. 7305) defines health workers as:
“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”. (Section 3, R.A. No. 7305)
The Guidelines Governing the Employment and Working Conditions of Health Personnel in the Private Healthcare Industry (DOLE Department Order No. 182, Series of 2017) on the other hand defines health personnel as:
“employees who are engaged in health and health-related work, which shall include, but not limited to, physicians, nurses, nutritionists, dietitians, pharmacists, social workers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other allied health personnel”. (Section 2, par. b, DOLE Department Order No. 182, Series of 2017)
Conditions of Employment and Right to Security of Tenure
The Guidelines Governing the Employment and Working Conditions of Health Personnel in the Private Healthcare Industry (DOLE Department Order No. 182, Series of 2017) provides that health personnel are entitled to not less than the minimum benefits without prejudice to any company policy, contract or collective bargaining agreement providing for better terms and conditions of employment. (Section 3, Department Order No. 182, Series of 2017.) Further, the law says:
“Right to Security of Tenure. – Health personnel shall enjoy security of tenure in their employment as provided by law. Their services can only be terminated for just or authorized causes pursuant to the provisions of the Labor Code, as renumbered, and subject to the requirements of due process.” (Section 14, Department Order No. 182, Series of 2017.)
The Magna Carta of Public Health Workers state that:
“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.” (Section 8, R.A. No. 7305 or the Magna Carta of Public Health Workers)
Salaries of a Public Health Worker
The law says:
Section 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 nationality-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 treasurers’ 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 of 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) premiums properly due all insurance policies, retirement and Medicare shall be considered deductible. (Section 19, R.A. No. 7305 or the Magna Carta of Public Health Workers)
Hours of Work of a Public Health Worker
The law says:
Section 15. Normal Hours of Work. – The normal hours of work 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 a public health worker is placed on “On Call” status shall not be considered as hours worked but shall entitle 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/shall cannot devote the time for his/her own use. (Section 15, R.A. No. 7305 or the Magna Carta of Public Health Workers)
Minimum Benefits
Under Republic Act No. 7305 or the Magna Carta of Public Health Workers, public health personnel shall be entitled to minimum benefits such as overtime pay, night shift differentials.
The Magna Carta of Public Health Workers says:
Section 16. Overtime Work. – Where the exigencies of the service so require, any public health worker may be required to 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.
Section 17. Work During Rest Day. –
- a) Where a public health worker is made to work on his/her scheduled rest day, he/she shall be paid an additional compensation in accordance with existing laws.
- b) Where a public health worker is made to work on any special holiday, he/she shall be paid an additional compensation in accordance with existing laws. Where such holiday work falls on the worker’s scheduled rest day, he/she shall be entitled to an additional compensation as may be provided by existing laws.
Section 18. Night-Shift Differential. –
- a) Every public health worker shall be paid a 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. (Section 16-18, R.A. No. 7305 or the Magna Carta of Public Health Workers)
Salaries of a Public Health Worker
The law says:
Section 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 nationality-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 treasurers’ 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 of 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) premiums properly due all insurance policies, retirement and Medicare shall be considered deductible. (Section 19, R.A. No. 7305 or the Magna Carta of Public Health Workers)
Additional Compensation
A public health worker shall receive hazard allowance, subsistence allowance, longevity pay, laundry allowance, remote assignment allowance, and housing facilities notwithstanding the minimum benefits mandated by the law.
The law says:
Section 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.
Section 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 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.
Section 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.
Section 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.
Section 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.
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 stay in such posts in excess of two (2) years.
Section 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.
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. (Section 21-26, R.A. No. 7305 or the Magna Carta of Public Health Workers)
Related article: Guidelines on the Verification of the Qualifications of Private Health Workers and/or their Beneficiaries on the Grant of Compensation
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
All rights reserved.