Article 160Labor and Agrarian Laws and Social Legislation, p. 160

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

least twenty per centum (20%) of the monthly basic

salary.

(b) Subsistence/Transportation Allowance - Public

social workers who are required to render services in

communities, institutions, hospitals and other social work

establishments in order to make their services available at

all

times,

shall

be

entitled

to daily full subsistence

allowance

of three meals which shall be computed

according to prevailing circumstances. Those assigned

out of their regular work stations shall be entitled to per

diem in place of this allowance. Actual transportation

allowance shall also be provided to public social workers

on field work.

(c) Housing and Living Quarters Allowance - All

public social workers who are transferred to another

assignment due to the exigency of the service shall be

entitled to free housing within the agency concerned:

Provided , That, if living quarters are not available within

the agency and the personnel has his/her residence

outside

of

fifty

(50)

kilometers

radius

from

such

government

facility,

he/she

shall

receive

a

housing

allowance, and: Provided, further , That the rate of such

housing

allowance

shall be periodically adjusted for

inflation.

(d)

Longevity

Pay

-

A

monthly

longevity

pay

equivalent to five per centum (5%) of his/her latest

monthly basic pay shall be paid to a public social worker

for

every

five

years

of

continuous,

efficient

and

meritorious service rendered as certified by the chief of

office concerned, commencing with the service after

approval of this Act.

(e) Clothing Allowance - All public social workers shall

be entitled to a minimum of One thousand five hundred

pesos

(P1,500.00)

clothing allowance annually, which

amount shall be adjusted as needed.

SEC. 16. Compensation From Injuries . - Public social

workers shall be protected against work-related injuries in

accordance with the Labor Code and Civil Service Law, as

the case may be. Injuries incurred while doing overtime

work shall be presumed work-connected.

SEC. 17. Rights of a Public Social Worker . - Public

social workers shall have the following rights:

(a) Protection from discrimination by reason of sex,

sexual orientation, age, political or religious beliefs, civil

status, physical characteristics/disability, or ethnicity;

(b)

Protection

from

any

form

of

interference,

intimidation, harassment, or punishment, to include, but

not limited to, arbitrary reassignment or termination of

service,

in

the

performance

of

his/her

duties

and

responsibilities;

(c) Join, organize, or assist organizations or unions for

lawful purposes;

(d) Protection from any act that will prevent his/her

from applying professional interventions that the client's

situation may require; and

(e) Opportunities for continuing professional growth

and development.

SEC. 18. Reassignment of Public Social Workers . -

Except in the interest of public service, no transfer or

geographical reassignment shall be made or effected

without written notice to a public social worker: Provided ,

That, said written notice, stating the reasons for the

reassignment, shall be made at least thirty (30) days prior

to the date of transfer or reassignment: Provided, further ,

That, if the public social worker believes that there is no

justification for the transfer and/or reassignment, he/she

may appeal his/her case to the CSC, which shall cause

his/her

transfer

and/or

reassignment

to

be

held

in

abeyance:

Provided,

furthermore ,

That,

reassignment

coinciding with any local or national election shall be

made

in

compliance

with Election Code and other

existing

laws

and

rules:

Provided,

finally ,

That

the

necessary expenses of the transfer and/or reassignment

of the public social worker and his/her immediate family

shall be paid for by the agency concerned.

SEC. 19. Married Public Social Workers . - Whenever

possible, the proper authorities shall take steps to enable

married couples, both of whom are public social workers,

to be employed or assigned in the same municipality, but

not in the same office: Provided , That it shall not apply to

married public social workers already assigned in the

same office at the time this law takes effect.

SEC. 20. 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 intimidate or force a public social worker to

submit

valuable

documents

that

will

violate

the

principles

of

confidentiality

of

records

agreed upon

between him/her and the clientele groups: Provided , That

the release of such documents shall be approved by the

clients

concerned

and

shall redound to their social

well-being, and upon court order;

(b) to prevent a public social worker from upholding

and applying the basic social work principles in carrying

out the programs and services for the target client

groups of the social work agency;

(c) To intimidate in order to encourage or discourage

membership in any social work organization or union;

(d) to prevent a public social worker from carrying out

his/her

duties

and

functions

in

the

social

work

organization or union or to penalize the public social

worker for any lawful action performed in that capacity;

(e) To make calculated harassment and interference

with the intention of intimidating or preventing the

public social worker from performing his duties and

functions;

(f) To make calculated harassment against, or, to

transfer, penalize or terminate the services of a public

social

worker

who

is

carrying

out his/her advocacy

function role for and in behalf of his/her clientele groups

who are victims of social injustice.

SEC. 21. Human Resources Development . - The

DSWD

shall

conduct

a

periodic

human

resource

development and management study in the following

areas:

(a) Adequate facilities and resources to render quality

social service to the clientele;

(b) Opportunities for public social workers to grow

professionally

and

to

develop

their

potentials

and

experience a sense of worth and dignity in their work;

(c) Mechanisms for democratic consultations;

(d) Staffing patterns and standards of social work to

ensure that the clients receive quality care;

(e) Upgrading of working conditions, reclassification

of positions and salaries of public social workers to correct

the disparity vis-a-vis other professions.

(f) Allocation of funds for the participation of public

social workers in seminars, conferences, conventions and

similar activities as part of their continuing professional

growth.

SEC. 22. Security of Tenure . - No public social worker

holding a permanent position shall be terminated except

for cause: Provided , That, in the event the public social

worker is found to be unjustly dismissed by the CSC or

the NLRC; as the case may be, he/she shall be entitled to

reinstatement

without

loss

of

seniority

rights

and

backwages with twelve per centum (12%) interest to be

computed from the time his/her compensation was

withheld from him/her up to the time of reinstatement.

SEC. 23. Implementing Rules and Regulations. . -

The Social Work Management and Consultative Council,

upon consultation with the Chairperson of the Senate

Committee

on

Social

Justice,

Welfare

and

Rural

Development

and

the

Chairperson

of

the

House

Committee

on

Social

Services,

shall

formulate

the

© Compiled By RGL

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