Article 142Labor and Agrarian Laws and Social Legislation, p. 142

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

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 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.

SECTION 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.

SECTION

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.

SECTION 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.

SECTION 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.

However, while the State recognizes the right of

public

health

workers

to

organize

or

join

such

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.

SECTION

32.

Freedom

from

Interference

or

Coercion . — It shall be unlawful for any person to commit

any of the following acts of interference or coercion:

a) to require as a condition of employment that a

public health worker shall not join a health workers'

organization or union or shall relinquish membership

therein;

b) to discriminate in regard to hiring or tenure of

employment or any item or condition of employment in

order to encourage or discourage membership in any

health workers' organization or union;

c) to prevent a health worker from carrying out duties

laid upon him/her by his/her position in the organization

or union, or to penalize him/her for the action undertaken

in such capacity:

d) to harass or interfere with the discharge of the

functions of the health worker when these are calculated

to intimidate or to prevent the performance of his/her

duties and responsibilities; and

e)

to

otherwise

interfere

in

the

establishment,

functioning,

or

administration

of

health

worker's

organizations or unions through acts designed to place

© Compiled By RGL

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