Law Summary
Recruitment and Appointment
- Recruitment policies must conform with Civil Service Commission standards.
- Temporary appointments allowed if no eligible candidates are available, lasting 3 to 12 months, renewable.
- Temporary appointees can be replaced upon availability of qualified eligibles or poor performance.
Performance Evaluation and Merit Promotion
- The Secretary of Health shall create uniform career development and personnel evaluation plans.
- Plans include merit promotion, performance evaluation, training, job rotation, incentives.
- Employees must be regularly informed about performance evaluations.
- Merit promotions comply with Civil Service rules.
Transfer and Reassignment
- Defines "transfer" as movement to equivalent position without break; "reassignment" as geographic relocation.
- Transfers/reassignments only for public service interest; reasons must be given in writing.
- Transfers/reassignments may be appealed to the Civil Service Commission.
- Prohibited during 3 months before elections.
- Government pays expenses for transfer/reassignment including for immediate family.
Employment Conditions for Married Workers
- Authorities should endeavor to employ or assign married health worker couples in the same municipality, but not the same office.
Security of Tenure
- Regular health workers cannot be terminated except for legal cause and due process.
- Unjust dismissal entitles reinstatement with seniority and back pay plus 12% interest.
Anti-Discrimination
- No discrimination based on gender, civil status, creed, religion, political beliefs or ethnic group.
Staffing and Workload
- No understaffing or overloading of health workers.
- Adequate staff-to-patient ratios to ensure quality health care without overwork.
- Health students apprentice only for training purposes.
- Substitute staff provided for leaves over 3 months.
- Medico-legal officers mandated in every province; rural physicians entitled to additional compensation for medico-legal duties.
Administrative Charges and Disciplinary Safeguards
- Administrative charges reviewed by a committee chaired by provincial health officer, including representatives of health workers and supervisors.
- Committee submits findings to Secretary of Health within 30 days.
- Disciplinary procedures guarantee rights: written charges, evidence access, defense rights, representation, confrontation of witnesses, appeal rights, reimbursement for exonerated workers.
Duties and Code of Conduct
- Health workers to perform duties humanely, with dignity and respect for life, without bias.
- Secretary of Health to formulate a Code of Conduct within six months.
Working Hours and Compensation
- Normal work hours: 8 hours/day or 40 hours/week.
- "On Call" status pays 50% of regular wage but is not considered work hours.
- Overtime compensated according to laws.
- Work on rest days or holidays compensated additionally.
- Night-shift differential: 10% additional for night work hours.
Salary and Allowances
- Salary scales follow Republic Act No. 6758 with upgraded benchmarks for Rural Health Physicians.
- Progression from minimum to maximum salary over 10 years with satisfactory performance.
- Local government-paid health worker salaries not less than national government counterparts; government subsidizes the difference.
- Salaries paid in legal tender, checks or warrants convertible to cash.
- Deductions only as authorized by law or written consent.
- Additional allowances: hazard, subsistence, longevity, laundry, remote assignment.
Specific Allowances
- Hazard Allowance: 25% for salary grade 19 and below, 5% above grade 20 for dangerous or calamity areas.
- Subsistence Allowance: covers three meals for workers required to remain at health establishments.
- Longevity Pay: 5% of basic pay every 5 years of continuous meritorious service.
- Laundry Allowance: P125 monthly for uniformed workers, subject to periodic review.
- Remote Assignment Allowance: 50% of basic pay plus transportation reimbursement for hard-to-fill remote positions.
Housing and Medical Benefits
- Free living quarters or quarters allowance for workers forced to stay at health facilities.
- DOH authorized to develop housing for health workers.
- Free compulsory medical exams before employment and annually.
- Free treatment/hospitalization including medicines when necessary.
Compensation for Injuries and Leave Benefits
- Protection against work-related injuries guaranteed, including during overtime.
- Entitled to vacation, sick, and maternity leaves as per law.
- Accumulated leaves paid upon separation.
Retirement Benefits
- Health worker receives automatic one-grade salary increase three months before retirement.
- Retirement benefits computed on highest salary.
Right to Organize and Freedom from Coercion
- Health workers may form/join unions for lawful purposes.
- Strikes prohibited during duty affecting public health/safety.
- Prohibits coercion or discrimination to compel relinquishment or discourage union membership.
- Protects from harassment or interference in union functions.
Consultation and Human Resource Development
- Secretary of Health to consult workers’ organizations on policy formulation.
- Establishment of Management-Health Workers’ Consultative Councils at various levels.
- Department of Health to conduct periodic studies on staffing, facilities, career development, and policy impact.
- Congressional Commission on Health (HEALTHCOM) to review human resource development every 5 years.
Implementation, Funding, and Penalties
- Secretary of Health to issue implementing rules within 30 days of publication.
- Avoids double recovery of benefits; worker may choose the more favorable.
- Existing benefits shall not be diminished.
- Budget implementation over five years with annual review.
- Penalties for willful interference with rights include fines from P20,000 to P40,000, imprisonment up to 1 year, or both.
- Public officials additionally liable to disqualification.
Legal and Effectivity Provisions
- Separability clause ensures remainder of law remains effective if any part is invalidated.
- Repeals or amends inconsistent laws, decrees, or orders.
- Act takes effect 15 days after publication in two national newspapers.