IRR Magna Carta of Public Health Workers R.A. 7305

Policy objective and intent

The Rules require interpretation in the light of the Act’s policy objective that “the State shall instill health consciousness among our people to effectively carry out the health programs and projects of the government essential to the growth and health of the nation” (Rule II, Section 1).
The Act’s aims include promoting and improving the social and economic well-being of health workers, their living and working conditions and terms of employment (Rule II, Section 1[a]).
The Act’s aims include developing workers’ skills and capabilities to deliver health projects and programs (Rule II, Section 1[b]).
The Act’s aims include encouraging those with proper qualifications and excellent abilities to join and remain in government service (Rule II, Section 1[c]).

Key definitions for implementation

Public Health Workers (PWH) include persons engaged in health and health-related works, including employees in (a) government entities whose primary function is health service delivery and operation of health facilities, and (b) offices attached to agencies that provide, finance, or regulate health services; it also includes medical and allied health professionals and administrative and support personnel regardless of employment status (Rule III, Definition 1).
Health-Related Establishment means a health service facility or unit that performs health service delivery functions within an agency whose legal mandate is not primarily health service delivery; the law does not apply to the whole agency when the primary function is not health delivery (Rule III, Definition 2).
Act refers to Republic Act 7305, otherwise known as the Magna Carta of Public Health Workers (Rule III, Definition 3).
Agency refers to departments, bureaus, services, offices, colleges, universities, commissions, boards or institutes with original charter, other branches of national government, and local government units employing public health workers, except as otherwise provided (Rule III, Definition 4).
Client means a person or group seeking or needing the services of a public health worker (Rule III, Definition 6).
The Rules expressly define operational terms such as Demotion, Due Process, Emergency, Geographical Reassignment, Job Rotation, Night Shift (authorized work between 10:00 p.m. and 6:00 a.m.), On-Call Service, Overtime, Rest Day, and Understaffing, among others (Rule III, Definitions 8, 12, 14, 17, 20, 25, 26, 28, 29, 40, etc.).
The Rules set Standard Ratio of Manpower to Population including Rural Health Physician = 1:20,000, Public Health Nurse = 1:20,000, Rural Health Midwife = 1:5,000, Rural Sanitary Inspector = 1:20,000, and Rural Health Dentist = 1:50,000 (Rule III, Definition 45).

Coverage rules for health-related functions

An agency claiming coverage must show that its health service function is specifically included in its legal mandate as shown by the legislation or executive order creating or establishing the agency or unit (Rule IV, Section 1).
Coverage requires showing an official approved staffing pattern corresponding to the unit or subdivision covered by the legal mandate, including the health service function (Rule IV, Section 2).
Inclusion under coverage applies only to personnel occupying identified positions in the unit determined to be “health related” under the procedures (Rule IV, Section 3).

Recruitment, qualification, and appointment

Appointment of a public health worker must be made based on qualification standards established for the position (Rule V, Section 1).
Qualification standards must guide civil service examinations and are used in appointment and other personnel actions, in adjudication of protested appointments, in determining training needs, and in evaluating personnel work program of an agency (Rule V, Section 1).
Recruitment, selection, appointment, and qualification standards must comply with existing civil service laws, rules, and regulations (Rule V, Section 2).
A Selection/Promotion Board must be established in each department or agency under civil service law; the Board must act on applicants for original/promotional appointments and set criteria for deliberation of applicants’ qualifications, which must be made public (Rule V, Section 3).
Each agency must develop its own process in addition to those provided by the Civil Service Law and Rules (Rule V, Section 4).
A permanent appointment must be issued to a health worker who meets all requirements for the position, including eligibility, per law, rules, and standards (Rule V, Section 5).
A temporary appointment must be issued when all requirements are met except appropriate eligibility, in the absence of appropriate eligibles in the area willing and able to assume the position as certified by the Civil Service Regional Director and deemed necessary in the interest of public service (Rule V, Section 6).
A temporary appointment must not exceed twelve months and must not be less than three (3) months, renewable thereafter, and the appointee may be replaced sooner if a qualified civil service eligible becomes available or if the appointee is found wanting in performance or in conduct befitting a government employee (Rule V, Section 6).
Special career-service appointment rules in fields such as medicine govern permanency based not only on eligibility but also existing laws and pertinent civil service rules (Rule V, Section 7).

Performance, transfers, and security of tenure

The Secretary of Health, in consultation with the proper government agency and the Management-Health Workers’ Consultative Councils established under Section 33 of the Act, must prepare a uniform career and personnel development plan applicable to all public health personnel (Rule VI, Section 1).
The career and personnel development plan must include merit promotion, performance evaluation, in-service training grants, job rotation, and a suggestions and incentive award system (Rule VI, Section 1).
Performance evaluation must consider foremost improvement of individual employee efficiency and organizational effectiveness, and each employee must be informed regularly by the supervisor regarding performance evaluation (Rule VI, Section 2).
The merit promotion plan must be in consonance with Civil Service Commission rules (Rule VI, Section 3).
A public health worker must not be transferred or reassigned except in the interest of public service, and the employee must be informed in writing of the reasons (Rule VII, Section 1).
If the public health worker believes there is no justification, he or she may appeal to the Civil Service Commission, which must cause the transfer/reassignment to be held in abeyance (Rule VII, Section 1).
No transfer or reassignment must be made three months before any local or national elections (Rule VII, Section 2).
In temporary reassignment, all incidental expenses must be reimbursed by the government (Rule VII, Section 3).
In permanent reassignment requiring family relocation, all necessary expenses must be paid by the government (Rule VII, Section 4).
Spouses who are both public health workers can be assigned, as much as possible, in the same locality but not in the same office or unit (Rule VIII, Section 1).
Couples seeking assignment in the same locality must signify intention in writing to the head of agency, and approval requires that a vacancy exists (Rule VIII, Sections 2–3).
Approval of requests for the same locality must be on a first-come, first-served basis (Rule VIII, Section 3).
Public health workers regularly employed under permanent status have security of tenure and cannot be terminated or dismissed except for cause provided by law and after due process (Rule IX, Section 1).
If found by the Civil Service Commission to be unjustly dismissed, the public health worker is entitled to reinstatement without loss of seniority rights and payment of backwages/salaries and other benefits with twelve percent (12%) interest computed from withholding time up to reinstatement (Rule IX, Section 2).
Security of tenure must always be respected and guaranteed as provided by law (Rule IX, Section 3).

Staffing and workload standards

Each agency must conduct periodic reviews of personnel complement and work load of each public health worker to determine adequacy of staffing patterns and workload (Rule X, Section 1).
The Department of Health, in consultation with the Department of Budget and Management and other concerned agencies, must set standard staffing patterns for health and health-related establishments (Rule X, Section 2).
Standard staffing patterns must not be determined based on health workers-to-population ratio alone; they must consider terrain, road network, population concentration, and other factors affecting operations (Rule X, Section 3).
Vital and necessary positions must be filled to prevent overloading and understaffing as determined by the head of the agency/unit (Rule X, Section 4).
The head of the concerned local government unit must designate a Medico-Legal Officer for the province/municipality; the Rural Health Physician or any resident physician in a non-training hospital may be designated if trained for such services (Rule X, Section 5).
Substitute officers or employees must be provided for officers/employees on leave for more than three (3) months; the Secretary of Health or proper government official must assign a medico-legal officer in every province (Rule X, Section 6).
Where there is no medico-legal officer, rural physicians required to render medico-legal services must be entitled to additional honorarium and allowances (Rule X, Section 7).

Administrative discipline and safeguards

Administrative charges may not be filed against a public health worker unless an existing prima facie evidence is established in a preliminary investigation/hearing (Rule XI, Section 1).
Administrative charges must be made known to the public health worker and heard by the committee created for the purpose (Rule XI, Section 1).
Preliminary and formal investigation/hearing must follow the Omnibus Rules Implementing Book V of Executive Order No. 292 and other pertinent civil service laws, rules, regulations, and implementing rules (Rule XI, Section 2).
Local health workers’ organizations duly recognized by the local government unit must be represented in the investigating committee (Rule XI, Section 3).
Investigation findings and recommendations must be submitted to the head of agency or local government unit within thirty (30) days upon completion of the investigation (Rule XI, Section 4).
Administrative charges must be heard by a committee chaired by the provincial health officer, with a representative of any existing national or provincial health worker organization (or local counterpart in its absence) and a supervisor of the office; recommendations must be submitted to the Secretary of Health or appropriate disciplining authority within thirty (30) days from termination of hearings (Rule XI, Section 5).
If the provincial health officer is an interested party, all committee members must be appointed by the Secretary of Health or the appropriate disciplining authority (Rule XI, Section 5).
National public health workers under the jurisdiction of the Secretary of Health or delegated officers are governed by the rules embodied under Executive Order No. 292, its implementing rules and regulations, and other pertinent civil service laws, rules, regulations, and orders (Rule XI, Section 6).
Disciplinary procedure must ensure the right to be informed in writing of the charges; full access to evidence; defense and representation of choice with adequate time; confrontation of witnesses and right to summon witnesses; right to appeal; reimbursement of reasonable defense expenses in case of exoneration or dismissal; and other rights ensuring fairness and impartiality (Rule XII).

Duties, obligations, and code of conduct

A public health worker must discharge duty humanely, with conscience and dignity (Rule XIII, Section 1).
A public health worker must perform duties with utmost respect for life (Rule XIII, Section 1).
A public health worker must exercise duties without consideration of client race, gender, religion, nationality, party politics, social standing, or capacity to pay (Rule XIII, Section 1).
The Code of Conduct for Public Health Workers must be disseminated at all levels of the health system as provided in Section 14 of the Act (Rule XIV, Section 1).

Normal work hours and on-call/overtime rules

Public health workers must render eight (8) hours per day or forty (40) hours per week (Rule XV, Section 1).
Hours worked include all time required to be on active duty or at a prescribed workplace, and all time required or permitted to work (Rule XV, Section 1.1).
During On-Call status, the worker must be entitled to on-call pay equivalent to fifty percent (50%) of regular wage (Rule XV, Section 1.1).
Heads of agencies and managers/supervisors may schedule normal work hours based on public service demands; flexible work hours rules apply where appropriate (Rule XV, Section 1.2[a]).
For daily rated workers, scheduling should use daily work hours in only one shift or in no more than two 4-hour segments (Rule XV, Section 1.2[b]).
For monthly or annually rated workers, regular day work required must not exceed 12 hours nor be less than 4 hours, unless the public health worker gives written consent otherwise (Rule XV, Section 1.2[c]).
For required 24-hour service, the worker must be granted an extra day off immediately after each 24-hours tour of duty (Rule XV, Section 1.2[d]).
Night, weekend, and holiday normal work must be shared equitably with all members of the workforce, and shift burdens should be distributed outside 8am to 5pm and usual Monday to Friday operating days (Rule XV, Section 1.2[e]).
Work schedules must be posted in agency/unit premises so workers can determine fairness of distribution of normal work hours (Rule XV, Section 1.2[f]).
Arrangements requiring less than full-time services must be regarded as part-time employment and salary adjusted proportionately as a percentage of actual time served divided by full-time service required (Rule XV, Section 1.2[g]).
Work beyond 8 hours a day or 40 hours a week must be subjected to overtime pay and/or night shift differential pay for excess periods (Rule XV, Section 1.2[h]).
During normal hours, the worker performs duties under regular schedule of work and rest periods, including allowance for meal breaks and short interruptions for personal necessities (Rule XV, Section 1.2[i]).

Additional compensation types and conditions

Additional compensation is provided for “On Call,” “Overtime,” “Work During Rest Day,” and “Night Shift” service rendered in addition to normal hours covered by basic salary (Rule XV, Section 2.1).
Agency heads/LCEs must issue specific authorizations requiring any of these additional work types, including details to verify extent of actual service and a certification that funds for prompt payment are set aside or will be set aside (Rule XV, Section 2.2.1[a]).
Public health workers are required to render these four types only when duly authorized by the head/manager; workers cease to be obligated when previously rendered additional service remains unpaid three (3) months after rendering, and refusal under this condition cannot be a ground for administrative action or an unfavorable performance rating (Rule XV, Section 2.2.1[b]).
Additional compensation for duly authorized and properly validated additional work must be paid within three (3) months after service was rendered (Rule XV, Section 2.2.1[c]).
No additional compensation earned for these types may be incorporated into basic salary (Rule XV, Section 2.2.1[d]).
Funding for additional compensation may come from agency personal services, savings, and other trust funds whose purposes cover the included activities (Rule XV, Section 2.2.1[e]).

On-call service compensation

Agency heads/LCEs may require certain workers to remain on standby in a specified location anticipating possible service needs, constituting “On Call” (Rule XV, Section 2.3.1).
“On-call” must be authorized by written authority stating the anticipated eventuality, duration, location, and condition releasing workers from on-call or instructing them to begin actual service (Rule XV, Section 2.3.2).
Appropriate documentation such as log-books, time records, and signed time slips must establish when workers were available on standby at the designated location (Rule XV, Section 2.3.3).
Time spent on on-call status must be compensated at 50% of hourly rate (Rule XV, Section 2.3.4).
Actual service rendered from on-call duty and not considered part of normal duty hours must be compensated consistent with overtime rules under Budget Circular No. 15 s. 1996 and subsequent applicable circulars (Rule XV, Section 2.3.5).

Overtime and rest day/holiday rates

Heads/managers may require services beyond normal hours, including overtime on the same day beyond regularly scheduled normal hours; this includes service during rest days or holidays when normal work has been scheduled (Rule XV, Section 2.4.1).
Such beyond-normal service requires written authority stating tasks/activities, duration beyond normal hours, and procedures for supervision and validation (Rule XV, Section 2.4.2).
Rates for authorized service beyond normal hours are:
- 125% of base rate for work in excess of the day’s scheduled normal work period (Rule XV, Section 2.4.3[a]).
- 150% of base rate for work during a rest day (Rule XV, Section 2.4.3[b]).
- 150% of base rate for work during a holiday (Rule XV, Section 2.4.3[c]).

Night shift differential

Workers required to render service between 10:00 p.m. and 6:00 a.m. must receive:
- A night shift differential pay of 10% of regular wage plus an additional amount for each hour of night-shift work customarily adopted by hospitals/health institutions (Rule XV, Section 2.5.1[a]).
- Regular wage schedule for the period covered after regular schedule plus the regular overtime rate and an additional 10% of such overtime rate for each hour of work between 10:00 p.m. and 6:00 a.m. (Rule XV, Section 2.5.1[b]).

Salary scale rules and equalization

The salary scale of public health workers is governed by Republic Act 6758, with the benchmark for Rural Health Physicians upgraded from Grade 20 to Grade 24 and with entitlement to Representation and Transportation Allowance (RATA) (Rule XV, Section 3[a]).
Salary progression is provided, but the progression from minimum to maximum must not extend over 10 years, and requires an efficiency rating of at least satisfactory (Rule XV, Section 3).
Each agency must formulate a salary scale progression plan for public health workers, coordinate with the DBM, and include salary increases in the annual budget proposal (Rule XV, Section 3).
For appointees occupying regular item positions, salary rates are those established for the position per DBM implementation guidelines under salary standardization laws (Rule XV, Section 3).
For positions outside regular plantilla, salary rates follow the authority creating/establishing the position and applicable government regulations (Rule XV, Section 3).
Salary rates may be expressed as annual, monthly, or daily rates; the specific salary rate in the appointment is the basic salary used for computations as a percentage of salary/wage (Rule XV, Section 3).
Salaries must be paid in legal tender of the Philippines or in checks or treasury warrants (Rule XV, Section 3).
Salaries appropriated by a city, municipality, or provincial government for public health workers must not be less than salaries for equivalent national government public health workers; the difference must be charged against the LGU’s Internal Revenue Allotment (IRA) as authorized in the Annual GAA (Rule XV, Section 4).
No deductions may be made from the payroll of public health workers except those allowed by law (Rule XV, Section 4).
The Secretary of Health must conduct periodic review of salary structure to update and recommend action to proper authorities (Rule XV, Section 4).
The head of agency is responsible for timely preparation and release of salaries (Rule XV, Section 4).
Appointments must indicate the mandated salary rate for each position (Rule XV, Section 4).
If a competent authority reverses an appointing authority’s action reducing a mandated salary rate, the public health worker must refund the overpayment; if reversal increases the mandated salary rate, the appointing authority must pay any salary differential due (Rule XV, Section 4).
Basic salary for normal hours of work is “full compensation for full-time employment, regardless of where the work is performed,” and part-time salaries are adjusted proportionately (Rule XV, Section 5).
The basic salary basis is normal hours: 8 hours per day for daily rated workers (excluding 1 hour for meals) or 40 hours per week for monthly/annually rated workers (Rule XV, Section 5).
Legally mandated increases in basic salaries must be implemented without altering required normal hours, only per DBM policies and procedures (Rule XV, Section 5).

Salary increase benefits and longevity pay

A public health worker must be granted an automatic one salary grade increase three (3) months before compulsory retirement, and retirement benefits must be computed based on the highest salary received and paid, if the worker has reached retirement age and fulfilled service requirements (Rule XV, Section 6.1).
The head of agency/office (or authorized representative) must submit an annual list of compulsory retirees eligible to claim the benefit for the succeeding year to the concerned department secretary or local chief executives (Rule XV, Section 6.1.1).
The agency must prepare a Notice of Salary Adjustment to be signed by the head of agency/local chief executive as basis for retirement benefit computation (Rule XV, Section 6.1.2).
Public health workers who earned post-graduate degrees after July 1, 1992 are entitled to a 2% raise in pay of their basic salary (Rule XV, Section 6.2).
To qualify for the post-graduate degree increase/upgrading, the worker must submit authenticated copies of the diploma, transcript of records, certificate of service of at least two (2) continuous years, latest appointment of permanent status, and a satisfactory performance rating (Rule XV, Section 6.2.1).
The head of offices/agencies/units must submit names of eligible workers to the personnel division for screening, evaluation, and approval; once approved, a notice of salary adjustment signed by the Secretary of Health or local chief executive or head of office/agency must be issued (Rule XV, Section 6.2.3).
Personnel divisions must maintain an updated list of eligible public health workers and submit names granted benefits to the Provincial/Regional/National Management Health Workers Consultative Council (Rule XV, Section 6.2.3).
Longevity pay is a monthly amount equivalent to 5% of present monthly basic pay for every 5 years of continuous, efficient and meritorious service, certified by the head of agency/LCE, commencing after approval of the Act (Rule XV, Section 6.3).
To qualify for efficient and meritorious service for longevity pay, the worker must have at least a satisfactory performance rating within the rating period and must not have been found guilty of any administrative or criminal case within the rating period (Rule XV, Section 6.3.1).
Longevity pay evaluation is based on documents including performance appraisal reports of the last 5 years (i.e., 10 performance ratings) and certification from the legal office that the worker was not found guilty within the rating period, with results submitted to the head of office for approval (Rule XV, Section 6.3.2).

Hazard pay, subsistence, and other allowances

Hazard pay is provided to all public health workers covered under RA 7305 when job nature exposes them to high risk/low risk hazards for at least 50% of working hours as determined and approved by the Secretary of Health or authorized representatives (Rule XV, Section 7.1.1).
Hazard pay recognizes hazards such as difficult locations; strife-torn or embattled areas; distressed and isolated stations; prison camps; mental hospitals; radiation exposed clinics and laboratories; disease-infested areas; and areas declared under a state of calamity or emergency for the duration of exposure, including danger, contagious disease, radiation, volcanic activity or eruption, occupational risks and perils to life as determined by the Secretary of Health or the head of unit with approval by the Secretary (Rule XV, Section 7.1.2).
The Rules recognize high risk exposure as direct, unavoidable, frequent exposure to radiation or communicable/contagious/infectious/biological hazards, including authorized travel and assignment to hazardous workplaces where these conditions exist (Rule XV, Section 7.1.3[a]).
The Rules list high risk hazardous areas including specific hospital and rural health facility work areas involved in delivery of services to patients with highly contagious and communicable diseases; certain radiation-exposed areas; mental health institutions; drug-abuse drop-in-centers or rehabilitation centers; rescue operations/evacuation exposure; chemical and medical laboratories handling infectious specimens; vector-infested areas; handling or spraying hazardous chemicals and related substances; and work areas involving direct handling of laboratory animals (Rule XV, Section 7.1.3[b]).
The Rules recognize low risk exposure as infrequent and minimum degree exposure where personnel are not directly involved in delivery but are in contact from time to time, including technical and administrative personnel in hospitals and related facilities; adjacent work areas near infectious disease hospitals (Rule XV, Section 7.1.3[c]).
Each agency must prepare a list of plantilla positions with job descriptions justifying exposure to high risk or low risk hazards; the list must be reviewed by a DOH technical committee at national and regional levels and occupants are granted hazard pay during periods of work in the hazards (Rule XV, Section 7.1.4[a]).
Each agency head must establish a procedure for identifying personnel exposed to high risk or low risk hazard and the duration of exposure, similar to overtime authorization procedures (Rule XV, Section 7.1.4[b]).
The head of agency/LCE is authorized to allow hazard pay to all public health workers in accordance with the Rules without DBM approval, and must ensure funds are set aside and readily available (**Rule XV, Section 7.