Article 140Labor and Agrarian Laws and Social Legislation, p. 140

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

CHAPTER IV

Section 21. Separability Clause . — The provisions of

this Act are hereby declared to be separable. If any

provisions of this Act shall be held unconstitutional, the

remainder of the Act not otherwise affected shall remain

in full force and effect. (15a)

Section 22. Repealing Clause . — All laws, executive

orders,

rules

and

regulations,

or

parts

thereof,

inconsistent herewith are hereby repealed or modified

accordingly. (16a)

Section 23. Effectivity . — This Act shall take effect

upon its approval. (17a)

Approved: January 24, 1991

RA No 7305 | The Magna Carta of Public

Health Workers

Revised Rules and Regulations Implementing the

Magna Carta of Public Health Workers

March 26, 1992

THE MAGNA CARTA OF PUBLIC HEALTH WORKERS

SECTION 1. Title . — This Act shall be known as the

"Magna Carta of Public Health Workers"

SECTION 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.

SECTION 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.

SECTION

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.

SECTION

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 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,

in-service

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.

SECTION 6. Transfer of 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 transfer and/or 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 by the Government.

SECTION

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.

SECTION 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.

SECTION 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.

SECTION

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 workers 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

© Compiled By RGL

140 of 169