Law Summary
Interpretation and Policy Objectives
- Aims to promote health consciousness and improve health programs.
- Objectives include improving social and economic well-being, enhancing skills and capabilities, and encouraging qualified personnel to join and remain in government service.
Definitions of Key Terms
- Public Health Workers: all persons engaged in health delivery in government health services and related agencies.
- Health-Related Establishments: units in agencies not primarily tasked with health services but perform health-related functions.
- Includes detailed definitions such as demotion, depressed/difficult/distressed areas, due process, emergency, hazard, job types, staffing concepts, among others.
Standards for Agencies with Health-Related Functions
- Agencies must have a legal mandate and approved staffing pattern related to health services to claim coverage under the law.
- Coverage applies only to personnel in identified health-related positions.
Recruitment and Qualification
- Appointments based on civil service qualification standards.
- Selection boards established to evaluate applicants.
- Temporary appointments allowed with conditions when no qualified eligible candidates are available.
Performance Evaluation and Merit Promotion
- Uniform career and personnel development plan to include merit promotion, evaluation, training, job rotation, and incentives.
- Performance evaluations focus on improving efficiency and effectiveness.
- Merit promotion complies with Civil Service Commission rules.
Transfer and Re-assignment
- Transfers only in public service interest with written reasons.
- Transfers prohibited three months before elections.
- Expenses related to reassignment reimbursed by government.
Assignments of Married Couples
- Spouses working as public health workers to be assigned in same locality if possible but in different units.
- Approval based on vacancy and first-come-first-served.
Security of Tenure
- Permanent employees have security of tenure.
- Unjust dismissals entitle reinstatement with back wages plus interest.
Staffing and Workload
- Agencies to periodically review staffing and workloads.
- Department of Health to set staffing standards considering terrain, population, and other factors.
- Provision for substitute officers during extended leaves.
- Additional honoraria for medico-legal duties in underserved areas.
Administrative Discipline
- Charges require prima facie evidence and due process.
- Investigation committees include health worker representatives.
- Recommendations submitted within 30 days.
Safeguards in Disciplinary Proceedings
- Right to be informed of charges, access evidence, defend self, be represented, confront witnesses, appeal, and reimbursement of defense expenses if exonerated.
Duties and Obligations
- Public health workers must perform duties humanely, with respect for life, and without discrimination.
Code of Conduct
- Must be disseminated across the health system.
Compensation, Benefits, and Privileges
- Normal work hours: 8 hours/day or 40 hours/week.
- Additional compensation: on-call pay (50%), overtime, rest day work, night shift differential.
- Salary scales follow RA 6758 with Rural Health Physician upgraded to Grade 24.
- Local government salaries must match or exceed national government rates; differences charged to Internal Revenue Allotment.
- Salary increments include post-graduate studies and longevity pay.
- Hazard pay for workers exposed to high-risk or low-risk hazards with detailed categories and phased implementation.
- Subsistence allowance of at least Php50/day for actual duty.
- Laundry allowance of Php150/month for uniformed workers.
- Representation and Transportation Allowance (RATA) for Municipal Health Officers and Rural Health Physicians under certain conditions.
- Medico-legal allowance for certain medico-legal services with specified rates.
- Remote assignment allowance for duty in certified remote areas including relocation allowance and phased incentive.
- Housing and free medical services, including annual medical examinations and hospitalization, with procedures for availing benefits.
Self-Organization of Public Health Workers
- Right to form or join organizations/unions for lawful purposes.
- On-duty workers cannot strike or cease services affecting public health safety.
- Organizations serve as partners in policy-making, grievance resolution, and promote effective health service delivery.
Freedom from Interference and Coercion
- Unlawful to interfere with union rights, discriminate based on union membership, harass, or control health worker organizations.
Consultation with Health Workers' Organizations
- Establishment of Management-Health Workers Consultative Councils at various government levels.
- Councils to engage in policy formulation, grievance resolution, advocacy, and monitoring of law implementation.
Health Human Resource Development and Management
- Agencies to implement continuing programs on career and personnel development, staffing, and training.
- Formation of Congressional Commission on Health to review human resource development every 5 years.
- Training plans must include job orientation, values courses, refresher trainings, and pre-retirement training.
- Contractual payback service agreements for training grants.
Prohibited Acts
- No discrimination on gender, status, religion, political affiliation, or ethnicity.
- Redress for unlawful treatment and non-diminution of benefits guaranteed.
- Doubts in law's interpretation favor public health workers.
Responsibility of Heads of Agency
- Administratively liable for non-compliance with payment and benefit provisions.
- Periodic benefits review conducted by Secretary of Health and Consultative Councils.
Financial Provisions
- Budgeting by DOH and agencies to cover benefits.
- National agencies include benefits in annual budgets; GOCCs in corporate funds; LGUs in local budgets.
- Budget allocation principles include equity, urgency, rural incentives and minimal service disruption.
- Deficiency charges against savings authorized.
- No payroll deductions except as allowed by law.
Resolution of Issues
- Uncovered cases submitted to National Management Health Workers Consultative Council.
Penal Provisions
- Penalties for interference or violations include fines (P20,000-P40,000), imprisonment up to one year or both.
- Public officials may be disqualified from office.
- DOH mandated to fund enforcement activities and report yearly on complaints and actions taken.
Separability and Repealing Clauses
- Invalid provisions do not affect others.
- Inconsistent laws and orders repealed or amended.
Effectivity
- Rules take effect 15 days after publication in two national newspapers.