Article 159Labor and Agrarian Laws and Social Legislation, p. 159

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

Be

it

enacted

by

the

Senate

and

House

of

Representatives

of

the

Philippines

in

Congress

assembled :

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

"Magna Carta for Public Social Workers."

SEC. 2. Declaration of Policy . - The state shall

promote

and

improve

the

social

and

economic

well-being

of

public

social workers, their living and

working conditions, and terms of employment. It shall

develop their skills and capabilities to make them more

responsive to the needs and problems of their clients and

better

equipped

in

delivering

social

services

and

programs. The state shall likewise encourage those with

proper qualifications and excellent abilities to apply and

remain in social development work in the government

service.

SEC. 3. Definition of Terms . - As used in this Act, the

following terms shall mean as follows:

(a) 'Social Work' - refers to the profession which helps

individuals, families, groups, and communities develop,

improve, maintain or restore their capability for coping

with the demands of their environment, through the use

of social work methods and interventions;

(b) 'Registered Social Workers' - refers to a graduate of

Bachelor of Science in Social Work or Master's Degree in

Social Work and who has passed the social work licensure

examination;

(c) 'Public Social Worker' - refers to registered social

worker employed in the government service;

(d) 'Public Social Welfare and Development Worker' -

refers to those employed in government social welfare

and development agencies;

(e) 'CSC' - refers to the Civil Service Commission;

(f) 'DSWD' - refers to the Department of Social

Welfare and Development;

(g) 'DOLE' - refers to the Department of Labor and

Employment;

(h) 'DILG' - refers to the Department of the Interior

and Local Government;

(i) 'NLRC' - refers to the National Labor Relations

Commission; and

(j)

'PRC' - refers to the Professional Regulations

Commission.

SEC. 4. Coverage . - This Act shall cover all registered

social workers employed in the government service.

SEC.

5.

Recruitment

and

Qualifications .

-

The

selection and appointment of social workers shall be in

accordance with the merit and fitness principle.

All government social work agencies and institutions

shall be headed by registered social worker except for

cabinet and non-career positions. Priority shall be given

to registered social workers in filling up social work

positions in the government.

SEC. 6. Merit Promotion and Career System . - A

Social Work Management and Consultative Council shall

be created to prepare a uniform career and personnel

development plan applicable to public social workers.

Such

career

and

personnel

development

plan

shall

include provisions on merit, promotion, performance

evaluation,

in-service

training

grants,

job

rotation,

incentive awards system and other policies that govern

the social security of the social workers

SEC. 7. Composition . - The Social Work Management

and

Consultative

Council

shall

be

composed

of

representative of the DSWD, CSC, DILG, DOLE, Philippine

Association of Social Workers, Inc. (PASWI), Association of

Provincial/City

and

Municipal

Social

Welfare

and

Development

Officer

of

the

Philippines,

Inc.

(APCMSWDOPI), the League of Provinces, League of

Cities and League of Municipalities. The Secretary of the

DSWD or his/her representative shall be the head of the

Council.

SEC. 8. Classification of Social Work Personnel . -

The Social Work Management and Consultative Council

shall develop a career ladder and classification system for

all social work positions in government service: Provided ,

That all position classification shall carry Social Worker

title.

SEC. 9. Code of Conduct . - All public social workers

shall be guided by the Social Work Code of Ethics as

adopted by the Board of Social Work and as approved by

the PRC within six months from the effectivity of this Act.

SEC. 10. Normal Hours of Work . - The normal hours

of work of any public social worker shall not exceed eight

hours a day or forty (40) hours a week. Hours of work shall

include:

(a) the time during which a public social worker is

required to be on active duty or to be at a prescribed

workplace;

(b) the time during which the public social worker is

permitted to work; or

(c) the time during which a public social worker is

required in a place other than the prescribed workplace.

Provided , That, the time when a public social worker

is placed on 'On Call' status shall not be considered as

hours worked but shall entitle the public social 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 social workers are called upon to respond to

urgent

or

immediate

need

or

relief

work

during

emergencies such that he/she cannot devote the time for

his/her own use: Provided, further , That, no public social

worker shall be placed in 'On-Call' status beyond seven

days per month. Public social workers can also teach or

practice their profession after office hours.

SEC. 11. Overtime Work . - Where the exigencies of

the service so require, any public social worker may be

required to render service beyond the normal eight hours

a day, inclusive of Saturday, Sundays or non-working

holidays. In such a case, the public social workers shall be

paid an additional compensation in accordance with

existing laws.

SEC. 12. Compensation . - The existing law on the

salary scale of government employees shall apply in

determining the salaries of public social workers. In case

of violations of this provision, the public social worker

concerned shall file the necessary complaint to the CSC

or NLRC through the Social Work Management and

Consultative Council.

SEC. 13. Leave Benefits . - Public social workers shall

be entitled to all leave benefits and privileges, such as but

not limited to maternity, paternity, vacation and sick

leaves, as provided for under existing laws: Provided , That

upon separation of the public social workers from service,

they shall be entitled to all accumulated leave credits

with pay.

SEC. 14. Highest Basic Salary Upon Retirement . -

Upon

retirement,

a

public

social

worker

shall

automatically be granted an increase of one salary grade

higher than his/her basic salary and his/her retirement

benefits shall be computed on the basis of his/her

highest salary received.

SEC. 15. Other Benefits . - Aside from the benefits

received as required under existing laws and executive

orders,

the

public

social

workers

shall

receive

the

following:

(a) Hazard Allowance - Public social workers and

public social welfare and development workers assigned

in remote and depressed areas, strife-torn or embattled

areas, distressed or isolated stations, mental hospitals,

leprosaria, areas declared under a state of calamity or

emergency which expose them to great danger, volcanic

activity/eruption, occupational risks or threats to life shall

be compensated with hazard allowance equivalent to at

© Compiled By RGL

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