Community Dentistry - Republic Act No. 7305 PDF

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Community Dentistry - Republic Act No. 7305...

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COMM DENT II

[Republic Act No.7305]

REPUBLIC ACT NO.7305 Section 1 – Title (Magna Carta of Public Health Workers) Section 2 – Declaration of Policy and Objectives (Aims) 1. To promote and improve the social economic well-being of the health workers - their living and working conditions and terms of employment. 2. To develop their skills and capabilities - to be more responsive and better equipped to deliver health projects and program. 3. To encourage those with proper qualifications and excellent abilities to join and remain in government service.

Such temporary appointment shall not exceed 12 months and not be less than 3 months renewable thereafter but that appointee may be replaced sooner if: 1) A qualified civil service eligible becomes available 2) The appointee is found wanting in performance or conduct befitting a government employee. 3) Each agency shall establish its own qualification standard for each category of PHW to approve by the Civil Service Commission. 4) Each agency shall develop its own screening process, in addition to those provided by the civil service law and rules. Section 5 – Performance Evaluation and Merit Promotion 

Section 3 – Definition (Public health workers) 1. All persons who are engaged in health and health-related work 2. All persons employed in all hospitals, sanitaria, health infirmaries, health centers, rural health units, barangay health stations, clinics and other health related establishments owned and operated by the government or its political subdivisions with original charters. 3. Refers to medical, allied health professionals, administrative and support personnel employed regardless of their employment status.

Section 6 – Transfer or Geographical Reassignment of Public Health Workers 

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Section 4 – Recruitment and Qualification 1. A person eligible for appointment must have appropriate education, training and civil service eligibility. 2. The recruitment and selection of the PHW shall be made in accordance with the provision under chapter 5 of the civil service law. In the absence of appropriate eligible and if it becomes necessary in the public interest to fill a vacancy, a temporary appointment shall be issued to the person who meets all the requirements for the position

The secretary of health is the one who prepares a uniform career and personnel development plan applicable to all public health personnel, for provisions on merit promotion, performance evaluation, in-service training grants, job rotation suggestions and incentive award system.

A PHW shall not be transferred and or reassigned except when made in the interest of public service, and the employee concerned shall be informed of the reasons in writing. No transfer and or reassignment shall be made (3) three months before any local or national elections. Necessary expenses of transfer and or reassignment of the PHW and his/her immediate family shall be paid for by the government.

Section 7 – Married PHW 

Married PHW can be employed or assigned in the same municipality but not in the same office.

Section 8 – Security of Tenure

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COMM DENT II 

[Republic Act No.7305]

Services of PHW shall not be terminated except for cause provided by law and after due process.

Section 9 – Discrimination Prohibited 

A PHW shall not be discriminated against with regards to gender, civil status, creed, religious or political beliefs and ethnic groups.

Section 10 – No Understaffing/ Overloading of Health Staff 

Health students and apprentices shall be allowed only for the purposes of training and education.

Section 11 – Administrative Charges Charges against PHW shall be heard by a committee composed of: 1. Provincial health officer where the PHW belongs as chairperson 2. Representative of any existing national or provincial PHW’s organization or its local counterpart 3. Supervisor of the district Section 12 – Safeguards in Disciplinary Procedures In every disciplinary proceeding, the PHW shall have: 1. The right to be informed in writing of the charges. 2. The right to full access to the evidence in the case. 3. The right to defend himself/herself and to be defended by a representative of his/her choice or by his/her organization. 4. The right to confront witnesses presented against him/her common witnesses in his/her behalf. 5. The right to appeal to designated authorities. 6. The right to reimbursement of reasonable expenses incurred in his/her defense in case of dismissal of the charges. 7. Other rights as will insure fairness and impartiality during proceedings. Section 13 – Duties and Obligations

1. Discharge his/her duty humanely with conscience and dignity. 2. Perform his/her duty with utmost respect for life. 3. Exercise his/her functions without consideration to race, gender, religion, nationality, party politics, social standing or capacity to pay. Section 14 – Code of Conduct 

The Secretary of Health shall formulate and prepare a Code of Conduct for PHW.

Section 15 – Normal Hours of Work 

Shall not exceed eight (8) hours a day or forty (40) hours a week.

Section 16 – Overtime Work 

A PHW may be required to render service beyond the normal 8 hours a day, and shall be paid additional compensation.

Section 17 – Work During Rest Day 1. Scheduled rest day – shall be paid an additional compensation 2. Special holiday – shall be paid an additional compensation. Where such holiday falls on the worker’s scheduled rest day, he/she shall be entitled to an additional compensation. Section 18 – Night Shift Differential 

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PHW shall be paid10% of his/her regular wage for each hour performed during the nightshift adopted by hospitals. PHW required to work beyond his/her regular schedule shall be entitled to his/her regular wage plus regular over time rate and additional 10% of such over time rate for each hour of work performed between 10 in the evening to 6 in the morning

Section 19 – Salaries Determination of the salary scale of PHW by provisions of Republic Act No. 6758

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COMM DENT II

[Republic Act No.7305]

1. Salary Scale – the progression from the minimum of the salary scale shall not exceed over the period of 10 years. 2. Equality in Salary Scale – salary of a city, municipality, district or provincial government PHW is the same as those PHW of the National Government. 3. Salaries to be paid in Legal Tender – Philippine money either cash or check 4. Deductions Prohibited – No person shall make any deductions from the salaries of PHW except: –

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lawful dues or fees owing to any organization where the PHW is an officer or member Premiums in insurance retirement and medicare

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Section 24 – Laundry Allowance 

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Section 20 – Additional Compensation

1. 2. 3. 4. 5.

Hazard allowance Subsistence allowance Longevity pay Laundry allowance Remote assignment allowance

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 25% of the monthly basic salary of PHW receiving salary of grade 19 and below or 5% for PHW with salary grade 20 and above.

Section 22 – Subsistence Allowance 

PHW who are required to render services within the premises of hospitals, sanitaria, health centers, etc. shall be entitled to full subsistence allowance of 3 meals.

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All PHW who are forced to stay in the hospital, sanitaria or health infirmary premises, shall be entitled to free living quarters within the hospital, sanitarium or infirmary premises or if such quarters are not available, shall receive quarters’ allowance as may be determined by the Secretary of Health. The Department of Health is authorized to develop housing projects in its own land for PHW.

Section 27- Medical Examination 

Section 23 – Longevity Pay

Doctors, dentists, nurses and midwives who accept assignments in remote areas or isolated stations, shall be entitled to a remote assignment allowance equivalent to 50% of their basic pay and entitled to reimbursement of the cost of transportation to and from post or station, upon assuming or leaving such position and during official trips. Their remote assignment shall not exceed 2 years, except when there are no positions for transfer or they prefer to stay in such posts in excess of 2 years.

Section 26 – Housing

Section 21 – Hazard Allowance 

All PHW required to wear uniforms regularly shall be entitled to laundry allowance equivalent to 125.00 pesos per month. This rate shall be reviewed periodically and increased accordingly by the Secretary of Health.

Section 25 - Remote Assignment Allowance

policies,

Section 12 of R.A. 6758, a PHW shall receive the ff. additional allowances:

A monthly longevity pay equivalent to 5% of monthly basic pay shall be paid to PHW for every 5 years continuous, efficient and meritorious services rendered.

Compulsory medical examination shall be provided free of charge to all PHW before entering the service in the Government, and shall be repeated once a year during the tenure of employment of all PHW.

BUT AS FOR YOU, BE STRONG AND DO NOT GIVE UP, FOR YOUR WORK WILL BE REWARDED 2 CHRONICLES 15:7

COMM DENT II 

[Republic Act No.7305]

Treatment and or hospitalization including medicines shall be provided free either in a government or a private hospital by the government entity paying the salary of the PHW.

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Section 34 – Health Human Development/Management Study

Section 28 – Compensation for injuries  

PHW shall be protected against employment injuries. Injuries incurred while doing overtime work shall be presumed work-connected.

Section 29 – Leave Benefits for Public Health Workers 

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PHW are entitled to such vacation and sick leaves and women health workers are entitled to maternity leaves. Upon separation of the PHW from service, they shall be entitled to all accumulated leave credits with pay.

Section 30 – Highest Basic Salary Upon Retirement 

Three (3) months prior to compulsory retirement, the PHW shall automatically be granted to1 salary range or grade higher than his/her retirement benefit thereafter, computed on the basis of his/her highest salary. Provided, that he/she has reached the age and fulfilled service requirements.

Section 31 – Right to Self-Organization 

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PHW have the right to freely form, join or assist organizations or union to defend and protect their mutual interests and to obtain redress of their grievances through peaceful concerted activities. PHW on duty cannot declare, stage or join any strike or cessation of their service to patients in the interest of public health, safety or survival of patients.

Section 32 – Freedom from Interference or Coercion Section 33 – Consultation With Health Workers’ Organizations

The formulation of national policies governing the social security of PHW shall be consulted by the Secretary of Health.

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Resource

The Department of Health shall conduct a periodic health human resource development management among PHW. HEALTHCOM (Congressional Commission on Health) Is created to review and assess health human resource development, particularly on continuing professional education and training. The commission shall be composed of 5 members of the House of Representative and 5 members of Senate. It shall be chaired by the chairpersons of the Committee on Health of both houses.

Section 35 – Rules and Regulations 

The Secretary of Health, professional health workers’ organizations or unions shall formulate and prepare the rules and regulations.

Section 36 – Prohibition Against Double Recovery of Benefits 

PHW shall have the option to choose which benefits will be paid to him/her.

Section 37- Prohibition Against Elimination and or Diminution 

Nothing in this law shall be construed to eliminate or in anyway diminish benefits being enjoyed by PHW at the time of the effectivity of the Act.

Section 38 – Budgetary Estimates 

The Secretary of Health shall submit annually the budgetary estimates to implement the provisions of this Act in staggered basis of

BUT AS FOR YOU, BE STRONG AND DO NOT GIVE UP, FOR YOUR WORK WILL BE REWARDED 2 CHRONICLES 15:7

COMM DENT II

[Republic Act No.7305]

implementation of the proposed benefits until the total of 946,664,000.00 is attained within 5 years. Section 39 –Penal Provision 

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Any person who commits any act of violation of any of the provisions of the Act shall be punished by a fine of not less than P20,000.00 but not more than P40,000.00 pesos or imprisonment of not more than 1 year or both. If the offender is a public official, additional penalty of disqualification from office may be imposed.

Section 40 – Separability Clause Section 41 – Repealing Clause Section 42 – Effectivity 

This Act shall take effect 15days after publication in at least 2 national newspapers of general circulation.

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