Title
IRR Magna Carta of Public Health Workers R.A. 7305
Law
Doh
Decision Date
Dec 2, 1999
The Revised Implementing Rules and Regulations on the Magna Carta of Public Health Workers in the Philippines provides rights, benefits, and responsibilities for public health workers, including coverage of hospitalization costs, compulsory annual medical examinations, and the establishment of a Human Resource Development Plan to improve job performance and training opportunities.

Questions (DOH)

PWH covers persons engaged in health and health-related works employed in government hospitals, sanitaria, health centers, RHUs, barangay health stations, clinics and other health-related establishments, and also includes offices attached to agencies whose primary mandate involves provision/financing/regulation of health services. It also covers medical and allied health professionals as well as administrative and support personnel, regardless of employment status.

A Health-Related Establishment is a health service facility/unit performing health delivery within an agency whose primary mandate is not health services. The law applies only to identified personnel of the health-related unit, and not to the whole agency if the agency’s primary function is not delivery of health services.

Benchmark is a reference point upon which the salary grade of classes/positions is based.

Geographical Reassignment is movement of a PWH from one geographic location to another in the same department or agency that does not involve reduction in rank/status/salary. “Transfer” is movement to another position of equivalent rank/level/salary without break in service.

Only in the interest of public service. The employee must be informed in writing of the reasons. If the worker believes there is no justification, he/she may appeal to the Civil Service Commission, which must hold the transfer/reassignment in abeyance.

No. The IRR prohibits transfers or reassignments three months before any local or national elections.

For temporary reassignment, all incidental expenses must be reimbursed by the government. For permanent reassignment requiring family relocation, all necessary expenses must be paid by the government.

They can be assigned to the same locality as much as possible but not in the same office/unit. If they want the same locality, they must signify the intention in writing; approval is allowed only if a vacancy exists, on a first-come, first-served basis.

Regular PWHs employed under permanent status have security of tenure and cannot be terminated/dismissed except for cause provided by law and after due process. If unjustly dismissed by a finding of the Civil Service Commission, they are entitled to reinstatement without loss of seniority rights and payment of backwages/salaries and other benefits with 12% interest from withholding up to reinstatement.

No administrative charges may be filed unless there is existing prima facie evidence established in a preliminary investigation/hearing. The charges must be made known to the PWH and heard by the proper committee.

They include: written notice of charges; full access to evidence; right to defend and to be defended by representative/organization with adequate time; right to confront witnesses and summon witnesses in one’s behalf; right to appeal; right to reimbursement of reasonable defense expenses if exonerated or dismissed; and other rights ensuring fairness and impartiality.

PWHs are required to render eight (8) hours per day or forty (40) hours per week, similar to other government employees.

During on-call status, the PWH is entitled to on-call pay equivalent to 50% of his/her regular wage, as defined in the IRR.

Types are: On-Call service, Overtime service, Work During Rest Day, and Night Shift service. Heads of agencies/LCEs must issue specific authorizations specifying details to verify extent of actual service and certifying that funds for payment have been or will be set aside to ensure prompt payment.

Yes. If previously rendered and properly validated additional service remains unpaid three months after rendering, it is the legal right of the PWH to refuse to render additional work beyond normal hours. The refusal cannot be a ground for administrative action or unfavorable performance rating.

Work beyond the day’s scheduled normal period: 125% of base rate. Work during a rest day: 150% of base rate. Work during a holiday: 150% of base rate.


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