Title
Magna Carta for Public Social Workers
Law
Republic Act No. 9433
Decision Date
Apr 11, 2007
Republic Act No. 9433 establishes a comprehensive Magna Carta for public social workers, enhancing their rights, benefits, and working conditions while promoting professional development and protection against discrimination and harassment in government service.

Declaration of Policy

  • State policy to promote and improve social and economic well-being of public social workers.
  • Focus on enhancing skills and capabilities for effective social service delivery.
  • Encourage qualified professionals to remain in government social development work.

Definition of Terms

  • Social Work: Profession aiding individuals, families, groups, and communities to cope with environmental demands.
  • Registered Social Worker: Holder of a Social Work degree who passed the licensure exam.
  • Public Social Worker: Registered social worker employed by the government.
  • Public Social Welfare and Development Worker: Employed in government social welfare agencies.
  • Various government agencies and commissions abbreviated (CSC, DSWD, DOLE, DILG, NLRC, PRC).

Coverage

  • Applies to all registered social workers employed in government service.

Recruitment and Qualifications

  • Appointment based on merit and fitness.
  • All government social work agencies must be headed by registered social workers except cabinet/non-career positions.
  • Priority to registered social workers for social work positions.

Merit Promotion and Career System

  • Establishment of Social Work Management and Consultative Council.
  • Develop uniform career and personnel development plans including merit promotion, job rotation, incentives, and social security policies.

Composition of the Council

  • Includes representatives from DSWD, CSC, DILG, DOLE, professional social work organizations, and local government leagues.
  • Secretary of DSWD as head.

Classification of Social Work Personnel

  • Council to develop a career ladder and classification system with all positions titled as Social Worker.

Code of Conduct

  • Public social workers to adhere to the Social Work Code of Ethics approved by the PRC within six months.

Normal Hours of Work

  • Maximum eight hours per day or forty hours per week.
  • 'On Call' status recognized with fifty percent additional pay; limited to seven days per month.
  • Flexibility for teaching or practicing profession after office hours.

Overtime Work

  • Allowed when service requires, including weekends and holidays.
  • Additional compensation as per existing laws.

Compensation

  • Salaries follow existing government employee salary scales.
  • Complaints for violations to be filed with CSC or NLRC via the Council.

Leave Benefits

  • Entitled to standard leave benefits (maternity, paternity, vacation, sick leave).
  • Accumulated leave credits with pay upon separation.

Highest Basic Salary Upon Retirement

  • Retirement benefits computed based on one salary grade higher than basic salary at retirement.

Other Benefits

  • Hazard Allowance (20% extra pay) for work in hazardous or remote areas.
  • Subsistence/Transportation Allowance for fieldwork and out-of-station assignments.
  • Housing or housing allowance for transfers involving relocation.
  • Longevity Pay of 5% basic pay every five years.
  • Clothing Allowance minimum P1,500 annually.

Compensation From Injuries

  • Protection under Labor Code and Civil Service Law for work-related injuries, including overtime.

Rights of Public Social Workers

  • Protection against discrimination.
  • Protection from interference, intimidation, or harassment.
  • Right to join organizations or unions.
  • Protection to apply professional interventions.
  • Opportunities for professional growth.

Reassignment

  • Written notice 30 days prior except for public interest.
  • Right to appeal unjustified reassignments to CSC.
  • Compliance with Election Code for election period transfers.
  • Transfer expenses borne by agency.

Married Public Social Workers

  • Authority encouraged to assign married couples in the same municipality but not same office unless previously assigned.

Freedom from Interference or Coercion

  • Prohibits intimidation to obtain confidential documents without proper consent or court order.
  • Prohibits preventing social workers from applying social work principles.
  • Prohibits harassment related to union membership or professional actions.
  • Prohibits harassment or punitive measures when advocating for social justice.

Human Resource Development

  • Periodic studies by DSWD on facilities, growth opportunities, democratic consultations, staffing, salary, and funding for training.

Security of Tenure

  • Permanent public social workers can only be terminated for cause.
  • Wrongful dismissal rights include reinstatement with back pay and 12% interest.

Implementing Rules and Regulations

  • Council to formulate rules within six months, consulting Senate and House committees.

Penal Provision

  • Penalties for interference or coercion include fines P20,000 to P40,000, imprisonment up to one year, or both.
  • Additional penalty for public officials includes disqualification from office.

Separability Clause

  • Unconstitutional provisions do not affect the remainder of the law.

Repealing Clause

  • Inconsistent laws, ordinances, rules, and parts are repealed or modified accordingly.

Effectivity

  • Act takes effect 15 days after publication in two newspapers of general circulation.

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