Question & AnswerQ&A (Republic Act No. 7305)
Republic Act No. 7305 is officially titled as the "Magna Carta of Public Health Workers."
Health workers include all persons engaged in health and health-related work employed in government-owned and operated hospitals, sanitaria, health infirmaries, health centers, rural health units, barangay health stations, clinics, and other health establishments, including medical, allied health professionals, administrative and support personnel regardless of employment status.
Recruitment and qualification policies shall be developed by appropriate government agencies under Civil Service Commission standards. Temporary appointments without civil service eligibility may be issued for up to 12 months if necessary, but only until a qualified civil service eligible can fill the vacancy or if performance is unsatisfactory.
The Secretary of Health must prepare a uniform career and personnel development plan including merit promotion, performance evaluation, in-service training grants, job rotation, and incentive award system. Employees shall be informed regularly of their performance, and promotions align with Civil Service Commission rules.
Transfers must be in the interest of public service and informed in writing. Transfers and reassignments are prohibited within three months before elections and the government shall pay related expenses. Workers can appeal unjustified transfers to the Civil Service Commission which may hold the transfer in abeyance.
Regular public health workers cannot be terminated except for cause and after due process. Unjustly dismissed workers are entitled to reinstatement without loss of seniority and back wages with 12% interest from the time of dismissal to reinstatement.
Normal hours shall not exceed 8 hours a day or 40 hours a week. "On Call" time does not count as hours worked but receives 50% pay. Overtime, rest day work, special holiday work, and night shift work must be compensated with additional pay in accordance with existing laws.
Allowances include hazard allowance, subsistence allowance, longevity pay, laundry allowance, and remote assignment allowance, with specific conditions for each benefit as defined in the law.
They have the right to freely form, join or assist organizations for mutual interests and grievance redress, but cannot strike or cease service during duty to protect public health and safety.
Willful interference or coercion against public health workers in exercising their rights is punishable by a fine of ₱20,000 to ₱40,000 or imprisonment up to one year or both. Public officials may also be disqualified from office.