MAGNA CARTA FOR PUBLIC SOCIAL WORKERS
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MAGNA CARTA FOR PUBLIC SOCIAL WORKERS
Republic Act No. 9433
April 11, 2007
Case Overview and Summary
Magna Carta for Public Social WorkersDeclaration of Policy (Section 2):
- The state shall promote and improve the social and economic well-being of public social workers.
- The state shall develop their skills and capabilities to better deliver social services.
- The state shall encourage qualified individuals to apply and remain in social development work.
Definitions (Section 3):
- Social Work: Profession that helps individuals, families, groups, and communities cope with demands of their environment.
- Registered Social Workers: Graduates of Bachelor's or Master's in Social Work who passed the licensure exam.
- Public Social Worker: Registered social worker employed in government service.
- Public Social Welfare and Development Worker: Those employed in government social welfare and development agencies.
Coverage (Section 4):
- This Act covers all registered social workers employed in the government service.
Recruitment and Qualifications (Section 5):
- Selection and appointment of social workers shall follow the merit and fitness principle.
- Government social work agencies and institutions shall be headed by registered social workers, except for cabinet and non-career positions.
- Priority shall be given to registered social workers in filling up social work positions in the government.
Merit Promotion and Career System (Section 6):
- A Social Work Management and Consultative Council shall be created to prepare a uniform career and personnel development plan for public social workers.
- The plan shall include provisions on merit, promotion, performance evaluation, in-service training grants, job rotation, incentive awards system, and other policies governing the social security of social workers.
Composition of the Council (Section 7):
- The Council shall be composed of representatives from DSWD, CSC, DILG, DOLE, PASWI, APCMSWDOPI, League of Provinces, League of Cities, and League of Municipalities.
- The Secretary of the DSWD or his/her representative shall be the head of the Council.
Classification of Social Work Personnel (Section 8):
- The Council shall develop a career ladder and classification system for all social work positions in government service.
- All position classification shall carry the "Social Worker" title.
Code of Conduct (Section 9):
- All public social workers shall be guided by the Social Work Code of Ethics adopted by the Board of Social Work and approved by the PRC within six months from the effectivity of this Act.
Normal Hours of Work (Section 10):
- The normal hours of work shall not exceed eight hours a day or forty (40) hours a week.
- "On Call" status shall entitle the public social worker to an "On Call" pay equivalent to fifty percent (50%) of his/her regular wage.
- No public social worker shall be placed in "On-Call" status beyond seven days per month.
- Public social workers can teach or practice their profession after office hours.
Overtime Work (Section 11):
- Public social workers may be required to render service beyond the normal eight hours a day, inclusive of Saturday, Sundays or nonworking holidays.
- In such cases, they shall be paid an additional compensation in accordance with existing laws.
Compensation (Section 12):
- The existing law on the salary scale of government employees shall apply in determining the salaries of public social workers.
- Violations of this provision can be filed as a complaint to the CSC or NLRC through the Council.
Leave Benefits (Section 13):
- Public social workers shall be entitled to all leave benefits and privileges, such as maternity, paternity, vacation and sick leaves, as provided for under existing laws.
- Upon separation from service, they shall be entitled to all accumulated leave credits with pay.
Highest Basic Salary Upon Retirement (Section 14):
- Upon retirement, a public social worker shall automatically be granted an increase of one salary grade higher than his/her basic salary.
- Retirement benefits shall be computed on the basis of his/her highest salary received.
Other Benefits (Section 15):
- Hazard Allowance: Public social workers assigned in remote, depressed, strife-torn, embattled, distressed, isolated stations, mental hospitals, leprosaria, areas declared under a state of calamity or emergency shall be compensated with hazard allowance equivalent to at least twenty per centum (20%) of the monthly basic salary.
- Subsistence/Transportation Allowance: Public social workers required to render services in communities, institutions, hospitals, and other social work establishments shall be entitled to daily full subsistence allowance of three meals computed according to prevailing circumstances. Those assigned out of their regular work stations shall be entitled to per diem in place of this allowance. Actual transportation allowance shall also be provided to public social workers on field work.
- Housing and Living Quarters Allowance: Public social workers transferred to another assignment due to the exigency of the service shall be entitled to free housing within the agency concerned. If living quarters are not available within the agency and the personnel has his/her residence outside of fifty (50) kilometers radius from such government facility, he/she shall receive a housing allowance, which shall be periodically adjusted for inflation.
- Longevity Pay: A monthly longevity pay equivalent to five per centum (5%) of his/her latest monthly basic pay shall be paid to a public social worker for every five years of continuous, efficient and meritorious service rendered.
- Clothing Allowance: All public social workers shall be entitled to a minimum of One thousand five hundred pesos (P1,500.00) clothing allowance annually, which amount shall be adjusted as needed.
Compensation From Injuries (Section 16):
- Public social workers shall be protected against work-related injuries in accordance with the Labor Code and Civil Service Law.
- Injuries incurred while doing overtime work shall be presumed work-connected.
Rights of a Public Social Worker (Section 17):
- Protection from discrimination by reason of sex, sexual orientation, age, political or religious beliefs, civil status, physical characteristics/disability, or ethnicity.
- Protection from any form of interference, intimidation, harassment, or punishment in the performance of duties and responsibilities.
- Right to join, organize, or assist organizations or unions for lawful purposes.
- Protection from any act that will prevent him/her from applying professional interventions that the client's situation may require.
- Opportunities for continuing professional growth and development.
Reassignment of Public Social Workers (Section 18):
- No transfer or geographical reassignment shall be made or effected without written notice to a public social worker at least thirty (30) days prior to the date of transfer or reassignment, stating the reasons for the reassignment.
- If the public social worker believes that there is no justification for the transfer and/or reassignment, he/she may appeal his/her case to the CSC, which shall cause his/her transfer and/or reassignment to be held in abeyance.
- Reassignment coinciding with any local or national election shall be made in compliance with Election Code and other existing laws and rules.
- The necessary expenses of the transfer and/or reassignment of the public social worker and his/her immediate family shall be paid for by the agency concerned.
Married Public Social Workers (Section 19):
- Whenever possible, the proper authorities shall take steps to enable married couples, both of whom are public social workers, to be employed or assigned in the same municipality, but not in the same office.
- This shall not apply to married public social workers already assigned in the same office at the time this law takes effect.
Freedom from Interference or Coercion (Section 20):
- It shall be unlawful for any person to commit any of the following acts of interference or coercion:
- To intimidate or force a public social worker to submit valuable documents that will violate the principles of confidentiality of records agreed upon between him/her and the clientele groups, except upon approval by the clients concerned and upon court order.
- To prevent a public social worker from upholding and applying the basic social work principles in carrying out the programs and services for the target client groups of the social work agency.
- To intimidate in order to encourage or discourage membership in any social work organization or union.
- To prevent a public social worker from carrying out his/her duties and functions in the social work organization or union or to penalize the public social worker for any lawful action performed in that capacity.
- To make calculated harassment and interference with the intention of intimidating or preventing the public social worker from performing his duties and functions.
- To make calculated harassment against, or, to transfer, penalize or terminate the services of a public social worker who is carrying out his/her advocacy function role for and in behalf of his/her clientele groups who are victims of social injustice.
Human Resources Development (Section 21):
- The DSWD shall conduct a periodic human resource development and management study in the following areas:
- Adequate facilities and resources to render quality social service to the clientele.
- Opportunities for public social workers to grow professionally and to develop their potentials and experience a sense of worth and dignity in their work.
- Mechanisms for democratic consultations.
- Staffing patterns and standards of social work to ensure that the clients receive quality care.
- Upgrading of working conditions, reclassification of positions and salaries of public social workers to correct the disparity vis-a-vis other professions.
- Allocation of funds for the participation of public social workers in seminars, conferences, conventions and similar activities as part of their continuing professional growth.
Security of Tenure (Section 22):
- No public social worker holding a permanent position shall be terminated except for cause.
- In the event the public social worker is found to be unjustly dismissed by the CSC or the NLRC, he/she shall be entitled to reinstatement without loss of seniority rights and backwages with twelve per centum (12%) interest to be computed from the time his/her compensation was withheld from him/her up to the time of reinstatement.
Implementing Rules and Regulations (Section 23):
- The Social Work Management and Consultative Council, upon consultation with the Chairperson of the Senate Committee on Social Justice, Welfare and Rural Development and the Chairperson of the House Committee on Social Services, shall formulate the necessary rules and regulations for the implementation of the Magna Carta for Public Social Workers.
- The rules and regulations shall be promulgated within six months from the effectivity of this Act.
Penal Provisions (Section 24):
- Any person who shall willfully interfere with, restrain or coerce any public social worker in the exercise of his/her rights or shall in any manner commit any act in violation of any of the provisions of this Act, upon conviction, shall be punished by a fine not less than Twenty thousand pesos (P20,000.00) but not more than Forty thousand pesos (P40,000.00) or imprisonment of not more than one year, or both at the discretion of the court.
- If the offender is a public official, the court, in addition to the abovementioned penalties, may impose the additional penalty of disqualification from office.
Separability Clause (Section 25):
- If any provision of this Act is declared unconstitutional or invalid, the remainder thereof not affected thereby shall continue to be in full force and effect.
Repealing Clause (Section 26):
- All laws, ordinances, rules and regulations, other issuances or parts thereof which are inconsistent with this law are hereby repealed or modified accordingly.
Effectivity (Section 27):
- This Act shall take effect fifteen (15) days after its publication in at least two newspapers of general circulation.
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MAGNA CARTA FOR PUBLIC SOCIAL WORKERS
Republic Act No. 9433
•April 11, 2007
Republic of the Philippines
Congress of the Philippines
Metro Manila
Thirteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand six.
REPUBLIC ACT NO. 9432 April 11, 2007
AN ACT PROVIDING FOR A MAGNA CARTA OF SOCIAL WORKERS
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Title. - This Act shall be known as the "Magna Carta for Public Social Workers."
SEC. 2. Declaration of Policy. - The state shall promote and improve the social and economic well-being of public social workers, their living and working conditions, and terms of employment. It shall develop their skills and capabilities to make them more responsive to the needs and problems of their clients and better equipped in delivering social services and programs. The state shall likewise encourage those with proper qualifications and excellent abilities to apply and remain in social development work in the government service.
SEC. 3. Definition of...
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