Escolar Documentos
Profissional Documentos
Cultura Documentos
June, 2010
Abstract
Remittance flows include money sent by migrants to relatives in their home
countries, financial investments in real estate or business, and saving in bank in their
country of origin. In recent years, such flows have been increasingly viewed as a
mechanism for funding development in the Global South
the
Millennium Development Goals (MDGs). Hence, remittances have become the new
development mantra. However, discourses on the positive effects of remittances on
development often neglect one important aspect: the costs borne by migrants in the
process of generating them.
will have
a huge impact
on
the Philippines
health
infrastructure. To understand more clearly, in 2001 13,536 left the country whereas
only 4,780 graduated.
This study analyzes the link between remittance dependency and the governments
policy and action towards the nurse migration. Qualitative approach was applied in this
study.
the
primary source.
The
remittance depend cycle to proved that the Philippines has been dependent to the
remittances and has been passive in solving the continuous nurse migration.
iv
List of Contents
Abstract
iv
List of Contents
List of Tables
vii
List of Figures
viiii
Chapter 1 Introduction
1.1 Motivation
Net distribution
5
5
2.2.1
2.2.2
2.2.3
11
11
2.3.1
11
2.3.2
12
2.3.3
12
13
2.4.2
13
2.4.3
14
Chapter 3 Methodology
15
18
3.1 Introduction
18
v
18
19
20
21
21
4.1.2
23
4.1.3
26
28
30
4.3.1
30
30
31
32
33
37
42
Bibliographies
45
49
vi
21
List of Tables
Table 2.2
Table 4.1
Table 4.3
22
vii
10
24
List of Figures
Figure 2.1
Figure 3.1
Figure 4.2
24
Figure 4.4
27
Figure 4.5
Figure 5.1
1992-July 2003
28
Remittances, 2001-2009
38
viii
Chapter 1
INTRODUCTION
1.1 Motivation
The loss of human resources through migration of professional health staff
to developed countries usually results in a loss of capacity of health systems in
developing countries to deliver health care equitably. Migration of health workers
also undermines the ability of countries to meet global, regional and national
commitments ,such as the health-related United Nations Millennium Development
Goals, and even their own development. Data on extent and the impact of such
migration are patchy and often anecdotal and fail to shed light on the causes, such
as high unemployment rates, poor working conditions and low salaries.
World Health Organization
the effects of
globalization, the growth in the world economy and the expansion in information
and communications technology (ICT). As a result, a number of developed countries
have liberalized their policies to admit highly skilled professionals and this has
facilitated the movement if workers from one country to another.
health workers to developed countries such as the United States and Saudi
Arabia.
In addition, United Kingdom, the Netherlands and Ireland opened its door
Since the Philippines is known as one of the sending countries, most studies
made in the area aimed in providing in-depth information in the migration of Filipino
workers and the impact this has on individual migrants, their families, professions,
and nation as a whole. On the other hand, limited information with regards to the
Philippines
in
The
http://www.census.gov.ph/data/pressrelease/2009/lf0903tx.html
Tarriela, F.G. OFW Remittances:Insights. Manila Bulletin, April 11,2006
4
Ibid.
5
Tarriela, F.G. OFW Remittances:Insights. Manila Bulletin, April 11,2006
6
Department of Foreign Affairs (DFA) records,1999.
7
Department of Foreign Affairs (DFA) records,2001.
3
dependence on labor migration and international service provision had grown to the
point where there are few efforts to address domestic labor problems.8
The increasing number of nurses is now making the nurses the largest group
of health providers in the Philippines as a result of the domestic and foreign demand
for nurses. By this situation, there is a rapid growth of nursing colleges. According
to the Commission for Higher Education (CHED) there are about 460 nursing
colleges that offer the Bachelor of Science in Nursing (BSN) program and graduate
approximately 20,000 nurses annually. 10 Moreover, CHED also mentioned that
based on the production and domestic demand patterns, the Philippines has a net
surplus of registered nurse.11
Villalba, M.A.C.2002.Philippines: Good Practices for the Protection of Filipino Women Migrant
Workers in Vulnerable Jobs. Working Paper No.8. Geneva: International Labour Office, February
2002.
9
Corcega,T.,F.M.Lorenzo,J.Yabes,B. De la Merced, and K. Vales. Nurse Supply and Demand in the
Philippines. The UP Manila Journal 2000;5 1: 1-7
10
Commission on Higher Education (CHED).2006 List of Nursing Schools and Permit Status
11
Ibid.
12
Professional Regulations Commission (PRC), Nurse Licensure Examination Performance by School
and Date of Examination, 2005.
13
Ibid.
employed in the Philippines, most were employed by the government agencies and
the rest worked in the private sector or in nursing institutions.14
Labor migration has said to have one major impact in sending countriesby
contributing to the local economy through remittances and reduction of
unemployment. However, the migration of health workers was perceived to have a
negative impact by exhausting the pool of skilled and experienced health workers
consequently compromising the quality of the health care system.
and the
14
Chapter 2
REVIEW OF RELATED LITERATURE
This literature review aims to describe clearly the historical context of
health workers migration, while highlighting key factors that influence its present
character.
18
WHO, Recruitment of Health Workers from the Developing World, WHO Executive Board
Document (Geneva, 2004a)
19
Ibid.
NorthAmerica
10.9
Europe
10.4
WestPacific
8.5
South&CentralAmerica
2.8
MiddleEastandNorthAfrica
2.7
Asia
2.3
SubSaharanAfrica
0.98
0
10
12
workersper1,000population
Figure 2.1 shows that there is a massive regional disparity of supply of health
workers. Europe is has the largest ratio of health with 10. 9 and North America is
the second to the list with 10.4
production of doctors and nurses. On the other hand, Africa which inhibit about 2.7
of world population while Sub-Saharan Africa ranks the lowest with 0.98.
2.1.1.1
Net Redistribution
The movement of health workers is distorting these disparity even more. The
pool if graduates leaving the source countries and the stock of the foreign trained
health workers destination countries reflects these shifts.
workers can be classified by both temporary and permanent migration. In 1970 more
Filipino nurses were registered in the USA and Canada than in the Philippines.20
Historical rates of migration also characterize Jamaica where almost two-thirds of
20
nurses trained in Jamaica during the last twenty years., emigrated mainly to the
United States.21
21
Dumont, J.C. and J.B. Meyer, the International Mobility of Health Professionals: An Evaluation and
Analysis Based on the Case of South Africa, in Trends in International Migration: 2003 SOPEMI
Edition, OECD (Paris,2004)
22
Cooper, R.A., 2005. Physician Migration: A challenge for America, a Challenge for the World,
Journal of Continuing Education in the Health Professions, 0894-1912
23
Buchan, J., International Recruitment of Nurses: United Kingdom Case Study, report for WHO and
International Council for Nurses and the Royal College of Nursing (Geneve, 2002)
24
Ibid.
25
Vujijic, M., P. Zurn, K. Diallo, O. Adams, and M. Dal Poz, the Role of Wages in Slowing
Migration of Health Care Professionals from Developing Countries, Human Resources for Health
Journal (2004).
26
Dovlo, D. and F. Nyonator, Migration by Graduates of the University of Ghana Medical School: A
Preliminary Rapid Appraisal, Human Resources for Health and Development Journal, 3/1 (1999):
40-51.
5. protection and risk: personal safety, security and risks- especially lack of
protective gear from HIV/AIDS in Africa;
6. social security: adequate and fair retirement security.
2.2.1
magnets to attract
medical migrants from source countries. The need maybe attributed to longer-term
demographic and epidemiologic transitions. 27 Changing patterns in the burden of
disease have consequences for care requirements, and does the aging populations.
The demand
shifts regarding
nuclear family structures, institutionalized elder- and childcare, advances in laborintensive health technologies, and changing consumer preferences.
increasing but their pull factor is weaker. In addition, the HIV/AIDS pandemic
certainly creates higher demand for medical attention. Alongside with the rapid
growth of population, an increase in education and public awareness, over time will
increase the demand for health services. Source countries, yet, are not capable to
transform their increasing need in the labor market into an ability to attract and retain
highly skilled medical professionals. The government also lacks the financing to
generate an effective demand in the labor market.
2.2.2
of migration is
between the source and receiving countries. In source countries wages is sometimes
extremely insufficient, and public sector health wages may decrease during periods
of fiscal problems. In a WHO study of five African countries, dissatisfaction with
remuneration was the most significant determination of the decision to emigrate.28
Although many countries have unfilled vacancies, the wage differential between the
27
Ibid.
WHO, Recruitment of Health Workers from the Developing World, WHO Executive Board
Document (Geneva, 2004a)
28
source and destination countries provides a major motivation for migration. Consider
the case of the UK which needs to recruit 35,000 new nurses while 50,000 retiring
nurses will need to replaced by 2008.29 A South African nurses salary will double if
s/he moves to UK.30 Moreover, Vujicic pointed out that source-destination country
wage differentials were so large (3-15 times) that marginal increases in
source
country wages would, alone, not affect migration flows. Non-wage instruments or
non financial incentives are essential.31
29
Dumont, J.C. and J.B. Meyer, the International Mobility of Health Professionals: An Evaluation and
Analysis Based on the Case of South Africa, in Trends in International Migration: 2003 SOPEMI
Edition, OECD (Paris,2004)
30
Ibid.
31
Vujijic, M., P. Zurn, K. Diallo, O. Adams, and M. Dal Poz, the Role of Wages in Slowing
Migration of Health Care Professionals from Developing Countries, Human Resources for Health
Journal (2004).
Destination countries
Causes
1.
Disease burden
High
Chronic disease
Demography
Youthful
Aging
Income
Low
High
Job satisfaction
Low
Variable
Career opportunity
Limited
Prospects
Management
Rigid, unfair
Variable
Personal
Family preferences
Childrens future
Security
Protective practices
Financial
Remittances
Social
Higher Status
Immigrant- variable
Paralysis, collapse
Public
2.
3.
Consequences
4.
5.
Health Systems
sector,
backward regions
Health Status
6.
Reduced
Education curriculum
Export Oriented
Public institution
Loss products
Private education
Public financing
Lost
Captured
10
Increased
2.2.3
positive.33
individuals and source destination societies. That winners and losers are generated
seems likely.
Moreover, most
2.3.1
32
11
2.3.2
2.3.3
one hand, home institutions suffer from the loss of its graduates to national service
in terms of morale prestige, and national contribution. On the other hand, it can be
35
Dumont, J.C. and J.B. Meyer, the International Mobility of Health Professionals: An Evaluation and
Analysis Based on the Case of South Africa, in Trends in International Migration: 2003 SOPEMI
Edition, OECD (Paris,2004)
36
Dovlo, D. and F. Nyonator, Migration by Graduates of the University of Ghana Medical School: A
Preliminary Rapid Appraisal, Human Resources for Health and Development Journal, 3/1 (1999):
40-51.
37
Dumont, J.C. and J.B. Meyer, the International Mobility of Health Professionals: An Evaluation and
Analysis Based on the Case of South Africa, in Trends in International Migration: 2003 SOPEMI
Edition, OECD (Paris,2004)
12
38
Hagopian, A., MJ Thompson, M. Fordyce, K.E.Johnson and L.G. Hart, The Migration of Physicians
from Sub- Saharan Africa to the United States of America: Measure of the Afrcan Brain Drain,
Human Resources for Health, 2/17 (2004).
39
Dumont, J.C. and J.B. Meyer, the International Mobility of Health Professionals: An Evaluation and
Analysis Based on the Case of South Africa, in Trends in International Migration: 2003 SOPEMI
Edition, OECD (Paris,2004)
40
Ibid.
41
Papademetriou, Demetrios G. 1985. Illusions and reality in international migration: Migration and
development in post- World War II Greece. International Migration, Volume. 23, No.2, pp.211-223.
13
education. From this perspective, return migrants are seen as important agents of
change, innovators and investors. The general expectation was that the flow of
remittances- as well as experience, skills and knowledge that migrants would
acquire abroad before returning would be of great help developing countries in
their economic growth.42
2.4.2
42
Penninx, Rinus. 1982 A critical review of theory and practice: the case of Turkey. International
Migration Review, Vol.16, No.4, pp. 51-72
43
Taylor, J.Edward. 1999.The New Economics of Labour Migration and the role of remittances in the
migration process. International Migration, Vol.37, No.1, pp.63-68
44
Tadoro, Michael P. 1969. A model of labor migration and urban unemployment in less-developed
countries. American Economic Review, Vol. 59, No.1, pp. 59-68
45
Almeida, Carlos C. 1973, Emigration, espace et sous-development. International Migration, Vol.
11, No.3, pp. 112-117.
14
men and women from rural areas is typically blamed for causing a critical shortage
of agricultural and other labor, depriving areas of their most valuable workforce.46
on
48
were also
50
encouraging
countries.
51
the autonomous
Such views
economic growth
of migrant-sending
development that perceives migration as one among many other expressions of the
developing
worlds increasing
dependency
on the global
political system
2.4.3
and migration
46
15
theories
determinist
unyielding
and
development
interactions. On the other hand, NELM, offered more subtle view of migration and
development, which links causes and consequences of migration more clearly.
Oded Stark53, for instance, reinforced the academic thinking on migration
from the developing world by including the behavior of individual migrants within
a wider societal context and considering the householdrather the individualas the
most appropriate decision- making unit.54 This new approach models migration as
the risk-sharing behavior households. Better than individuals, households see able to
diversify resources such as labor in order to minimize income risks.55 Moreover,
this approach integrates motives other than individual income maximization that play
a role in migration decision making. Migration is perceived as a household response
o income risks since migrant remittances serves as income insurance for households
of origin.56
53
54
Taylor, J.Edward. 1999.The New Economics of Labour Migration and the role of remittances in the
migration process. International Migration, Vol.37, No.1, pp.63-68
55
Stark, Oded and David Levhari.1982. On migration and risk in LDCs. Economic and Development
Cultural Change, Vol. 31, NO.1,pp.191-196.
56
Lucas, Rober E.B. and Oded Stark.1985 Motivations to remit: Evidence from Botswana. Journal
of Political Economy, Volume.93, NO.5,pp.901-918.
57
Stark, Oded and David Levhari.1982. On migration and risk in LDCs. Economic and Development
Cultural Change, Vol. 31, NO.1,pp.191-196.
16
NELM scholars also argued that poor people cannot be seen only as a passive
victims of global capitalist forces, but also trying
to actively
improve their
58
Taylor, J. Edward, Joaquin Arango, Graeme Hugo, Ali Kouaouci, Douglas Massey and Adela
Pellegrino, 1996. International migration and community development. Population index, Vol. 62,
No.3, pp. 397-418.
59
Lieten, G.K and Olga Nieuwenhuys.1989. Introduction: Survival and emancipation. In G.K. Lieten,
Olga Nieuwenhuys and Loes Schenk- Sandbergen (eds,) Women, Migrants and Tribals: Survival
Strategies in Asia. Manohar, New Delhi.
17
Chapter 3
METHODOLOGY
3.1 Introduction
This chapter elaborates and explains the data gathering, research design,
method analysis; and area and limitations of the study.
Remittance
Social Problem:
Governments
Action
Nurse Migration
Remittance
Dependency
The study used qualitative approach, as John Creswell put it, qualitative
approach is fundamentally interpretative.60 Nurse migration, as social problem, is
the case in point of this study.
The Figure 3.1, demonstrates the flow of this study. The theory testing
approach is the guide for this study, which is seen by Yin as being at the heart of case
studies, begins with a theory, or a set of rival
60
JohnW.Creswell,ResearchDesign:Qualitative,Quantitative,andMixedMethodsApproaches,2nd
Edition(California:SagePublications,Inc.,2003),p.182
18
phenomenon.61 This study will use the migration pessimist: historical structure and
dependency views since it give a clear outline with regards to the dynamics of nurse
migration costs and benefit, and the governments dependency to remittance which
has an impact with the governments action in addressing the social problem.
Government
Passivity
Lessgovernment
Spendingon
welfare
More
migration
Highdependence
onremittance
Remittance
Lessinvestment
Limtedjob
creation
No
institutional
reform
Increased
consumergoods
Increased
imports
Secondary data was used in the study. These secondary sources are gathered
through related references comprising of books, journals articles, research findings,
61
Yin,R.K.CaseStudyResearch:DesignandMethods.BeverlyHillsandLondon.,1989
VogiazidesL.(2008).TheuseofremittancesasadevelopmentstrategybytheWorldBank:Causes
andImplications.Manchester:UniversityofManchester.
62
19
articles, and documents think-tanks and from related government offices. With these
data the researcher carefully filled the items or variables in the cycle and
examined their linkages with one another.
On the other hand, the major constraints of this study is data gathering. The
availability and quality of records and statistical problem is said to be the problem
due to the lack of records. Some offices, agencies, and institutions did not keep track
of such record and statistics as they were mandated by the central authorities.
In line with the remittances, the Philippines is not equipped with any tool in
determining whether the remittances are coming from the nurses overseas or from
other profession. However, it should be noted that nurses, doctors, engineers, among
others were sent abroad, and they now account for the bigger share of
deployments.64
And in analyzing the Governments action, the researcher singled out and
carefully scrutinizing the Magna Carta for Public Health Workers, among other laws
implemented, since its comprehensively addressed their policy issues on the quality
of life, quality of service, and motivation for the retention of health care workers
specially in the poor areas.
63
64
Doctorsturnednurses
http://www.congress.gov.ph/download/cpbd/fnfofw.pdf
20
Chapter 4
Nurse Migration
Filipino overseas migration reflects the issue of the countrys socio-political and
economic life. Overseas migration results the loss of million and unskilled Filipino
workers to first world countries due to the limited employment opportunities and
relatively low wage in the country.
an annual growth rate of 2.4 percent.66 About 39 per cent of the population is under
15 years old 67 and those aged 65 years and over are accounted for roughly 5.8
percent of the population in 2007.68
The Philippines is still mostly rural. However, urbanized areas are increasing
and offering a wide range of economic, educational, recreational and other facilities
that is for responsible for the increasing number the rural-urban migration.
Even for many Filipinos who have jobs, the situation is not ideal. One out of
every five employed workers is underemployedunderpaid, working part-time or
employed below his or her potential.69
65
http://www.census.gov.ph/data/pressrelease/2008/pr0830tx.html
Ibid.
67
http://www.census.gov.ph/data/sectordata/datalfs.html
68
Ibid.
66
69
Villalba, M.A.: Philippines: Good practices for the protection of Filipino women migrant
21
Based on the record of the Department of Foreign Affairs, there are 7.2
million Filipino migrants all over the world.70 Deployment levels in the number of
overseas increased from just 36,035 in 1975 to 841,438 in 2000. From 1995 to 2000,
overseas deployment continued to increase by 5.32 per cent annually.
Table 4.1 Average monthly wage rates of nurses in the government sector
(in pesos)
Year
Nominal Wage
1992
3,102
1993
3,102
1994
3,902
1995
4,902
1996
6,103
1997
7,309
1998
8,605
1999
8,605
2000
9,466
2001
9,939
2002
9,939
2003
9,939
2004
9,939
2005
9,939
2005
9,939
2006
9,939
2007
10,933
2008
10,933
2009
10,933
In contrast, based on some migration researches, the monthly pay for nurses ranges
from 3000-4000 USD a month, compared to the 169 USD average pay in most cities
70
22
in the country, as seen in Table 4.1. Moreover, in rural areas, nurses received lower,
ranging from 77 to 95 USD a month.
There are a number of macro-level factors can be seen as push factors: high
unemployment rates; low wages and per capita/GNP income; deteriorating economic
conditions; scarcity of foreign exchange and institutional policies.71 In addition, at
the micro-level, factors might include personal and social factors. But, it should be
pointed out that financial concern is the main motivation for some. Push factors are
the economy of the country which does not effectively absorb all nurses; income
differentialis said to be the strongest factor influencing migration, as nurses
salaries of nurses are better overseas; and the value of the of the salary increases when
remitted to the Philippines.72
opportunity for all professional and personal growth, the chance for better
remuneration.
4.1.2
worker produced are nurses and the category with the least number produced are
occupational therapist.
71
72
Dela Cuesta, R.: Filipino nurses in the United Kingdom: Analysis of their work experience,
MAN Thesis, College of Nursing, University of the Philippines, Manila, May 2002.
23
(Estimated)productionofhealthworkersannually,2004
12000
10000
8000
6000
4000
2000
0
National Statistical
Philippine
Table 4.3:
the
Doctors
Dentists
Nurses
Midwives
85
33
159
579
658
540
745
1,165
158
96
203
1033
175
58
267
801
297
161
382
1,573
350
256
648
2,282
CordilleraAdministrative Region
NCR
National Captital Region
Region 1
Ilocos Region
Region 2
Cagayan Valley
Region 3
Central Luzon
Region 4
24
190
85
338
1,026
226
112
433
1,791
229
115
379
1,473
153
109
233
887
90
55
196
675
99
71
189
803
79
71
161
791
84
32
158
671
79
54
130
613
69
23
99
371
3,021
1,871
4,720
16,534
Bicol Region
Region 6
Western Visayas
Region 7
Central Visayas
Region 8
Eastern Visayas
Region 9
Zamboanga Peninsula
Region 10
Northern Mindanao
Region 11
Davao Region
Region 12
SOCCSKSARGAN
Region 13
CARAGA
ARMM
Autonomous Region of Muslim
Mindanao
Total
Table 4.3 shows that most medical technologist, midwives and baranggay
health workers worked in the rural areas whereas the physical and occupational
therapist are mostly worked in the rural areas. Given this, it is clear that inequality
in the distribution of health workers in the Philippines.
73
74
25
However, in 2001 estimate, the demand for Filipino nurses consisted of 178,
045 positions in local and international markets.76 Of these, 150, 865 jobs or 84.75
percent were attributed to the international market while only 27, 160 or 15.25
percent were demanded in the domestic market.77
4.1.3
Nurse
shortage
The outflow of health workers can be classified
permanent migration. There is an almost equal ratio between those who migrate on a
permanent or temporary basis.
In the 1970s, there were almost 40,000 registered nurses in the Philippines,
but by the end of 1998 this total had increased to approximately 306,000.78
Nurses have said to be the most impacted by the health workers migration
because of the global nursing shortages. Highly publicized shortages in first world
countries and other nations up to 2020 have stimulated very high interest in nursing
education and nursing recruitment.
75
Ibid.
Corcega, T. Nurse Supply and demand in the Philippines, The UP Manila Journal, 2002, Vol. 5,
No.1.
77
Ibid.
78
Corcega, T. Nurse Supply and demand in the Philippines, The UP Manila Journal, 2002, Vol. 5,
No.1.
76
26
16000
No.ofFilipinoOverseas
14000
12000
10000
8000
6000
4000
2000
0
Recent data from the POEA, as shown in Figure 4.4, that in 2006 alone, the
Philippines had deployed 13,524 nurses. This numbered were considered by the
POEA to represent an unusually high demand and can be explained
that it was
during 2000 to 2004 that the high demand for nurses in the United Kingdom put
together with the deployment in the Netherlands and other European countries, and
the United States.
As shown in Figure 4.5 the top three destination countries of Filipino nurses
for the last decade comprises of Saudi Arabia, the United States, and the United
Kingdom. Libya, United Arab Emirates, Ireland, Singapore, Kuwait, Qatar, and
Brunei are also said to be a preferred destination.79
per cent of all Filipino nurse deployment while the US and UK have 14 percent
and 12 per cent of the Filipino nurse deployment.
79
POEA 2003
27
The Philippines topped the five countries with the most number of nationals
taking the
NCLEX for the first time in 2007. India came second, with 5,370
examinees; followed by the South Korea, 1,906; Canada, 888; and Cuba, 673.
Moreover, traditional markets such as the Middle East still continue to demand
high numbers of skilled nurses. On the other hand, new markets such as Europe and
Japan have started to emerge as a possible destination.
50000
45000
40000
35000
30000
25000
20000
15000
10000
5000
0
47596
11468
10265
2955
2760
2749
2228
1901
664
69
4.2
Cost of Migration
As most labor migration literature would often concluded, the receiving country
benefits from migration as it provides much-needed labor when there is scarcity of
jobs. On the other hand, the source county of origin
28
benefits.
Migration
can have
diverse
An
excessive loss of domestic labor, is said to be, can lead the brain drain of young,
highly skilled labor, a depletion of the work force and a severe reduction in the
availability and quality of services. If only less skilled workers remain in a country,
this can lead to
a reduction in productivity
development.80
In the case of Filipino nurses, concerns are also rising about the shortage of
skilled and experienced nurses. Most if the recent graduates who are still in the
Philippines are relatively unskilled and inexperienced, and go overseas after a year or
two after gaining experience.
The international standard for the ideal ratio of nurses to patients in hospital is
1:4 but due to the exodus, the situation became even more undesirable. According to
Dr. Jaime Galvez Tan, the Philippine General Hospital, the leading sate in the
country, the ratio to patients averages from 1:15 up to 1:25.81 In Davao de Sur and
in most other public hospitals, the ratio would even reach 1:50 up to 1:100.82 In even
worse condition, in the Don Susano Rodriguez Memorial Medical Center, integrated
as the psychiatry department of the Bicol Medical Center in Naga City, Albay, a
nurse has to attend to more than 300 in-house mentally-ill patients.
Aside from the patient overload, nurses and doctors also work extended duty
hours.
Then again, health workers work 56 hours a week and sometimes mandatory 16
hours straight a day whenever there is no reliever.
80
Findalay, A. and Lowel, L.: Migration of highly skilled persons from developing countries: Impact
and Policy Responses. International migration Papers, No. 43. (Geneva, ILO).
81
Dr. Jaime Galvez Tan, Former Undersecretary of the DOH, 2006.
82
Ibid.
29
The undesirable working conditions, as the result of the nurse migration, has
become a push factor for nurses who were left behind.
4.3
Governments action
4.3.1
4.3.1.1
The Magna Carta for Public Health Workers of 1992 was a pioneering
legislation that attempted to comprehensively address the policy issues on the
quality of life, quality of service, and motivation for the retention of health care
workers especially in remote and poor areas.
The law hoped to provide benefits for all health workers as defined:
in health and
The Congress passed the law to give health workers increased benefits
through two mechanisms: outright, across-the-board salary increases for all rural
doctors, and laundry and subsistence allowances for all other health workers.
Over a five-year period, the DOH was also authorized to increase other
benefits such as medico-legal fees, overtime pay, hazard pay and hardship allowances
for health workers laboring under difficult circumstances.
30
Under the law, the DOH would set up a mechanism for managing health
worker and management issues through multi-level consultative councils. The law
also provided a code of conduct by health workers, with penalties and violations.
By 1997, a national consultative council had been in operation for three years,
but local government participation in the consultative process remained poor or, in
some cases, only token in nature. During its early years of implementation, it was
clear that if implemented, the magna carta would create the highest paid sectoral
workforce in the Philippines civil service.
The civil service in the Philippines covers all government workers in national
and local agencies. But the salaries in local governments are up to thirty percent
lower than their national counterparts. Salaries in local governments are tied to the
income classification of their local governments who are classified from 1st to 6th
class. One could readily anticipate the difficulty of running local government which
would have to implement two salary scales. It was particularly infuriating that the
newcomers, would be getting nationally pegged, higher salaries.
As the DOH started to implement the Magna Carta before the actual transfer,
local governments quickly realized that health workers in particular would be
transferring with salaries even higher than most other government workers. In 1993,
transferred health workers were the highest paid workers in the civil service (for their
salary grade, which had only recently been standardized for national agencies).
31
When the implementers of the LGC went around the country in early 1993,
mayors regularly confronted them with the realization that the rural doctors would be
getting higher salaries. Only a directive from President Ramos in June 1993, ordering
the
implementation of the LGC, could persuade the most difficult mayors and
governors to accept the transfer. By the end of 1993, the transfer was complete and
only 217 out of 45,000 health workers were rejected by local governments for reasons
of redundancy.83
The DOH realized in the 1992, that the lack of funds would hinder the
implementation of Magna Carta, therefore the health secretary
implementation of the benefits would be phased over the past five years, upto 1997.
the transfer, the health workers continued to appeal to the DOH for
their benefits initially granted in 1992, consisting of the subsistence allowance and the
laundry allowance.
Both allowances totaled 1,000 pesos (around USD 35), about one-tenth of the
average health workers salary. Rural doctors were more persistent, particularly
because their benefits were more substantial, which included a salary increase
(roughly a 30% increase, from P7,000
Other benefits like hazard, overtime, medico-legal and on-call pay were
deemed for later implementation. Local governments would raised a protest about
arbitrary increases in health worker benefits during the period of transition.
As most local government units (LGUs) felt that the Magna Carta was an
imposition by national government (an unfunded mandate), magna carta benfits
were given lower priorities in their budgets.
83
DepartmentofHealth.BulletinonDevolutionNo.9,October15,1993.
32
certifications that they were short of funds and therefore eligible for augmentation
funds from the DOH.
agencies thought of it as the DOHs problem, but soon they realized that the health
workers are present in most government agencies outside DOH. The phenomenon of
health-related agencies also quickly proliferated, to qualify for Magna Carta.
When hazard pay was implemented for health-related reasons, more agencies
clamored to have their offices certified as hazardous. The DOH created a hazard
evaluation committee for this purpose in 1995, headed by an assistant secretary to
give it importance. Non-payment of hazard pay became the cause of demonstrations
in some hospitals in Manila.
The unabated clamor of health workers for their lost benefits led to development
of a series of interlocking augmentation funds coming from national government to
assist local governments in paying magna carta benefits. The national government
imposed a policy that would annually reduce the level of support, by the 1997 the
local governments would have to shoulder the entire amount for magna carta.
Table 4.6 Level of National and Local share for Magna Carta
Year
National
Million Peso
1993
423.0
Local
Million Peso
100.00
33
Total
%
(million Peso)
0
423.0
1994
662.0
100.00
662.0
1995
400.4
54.74
331.0
45.26
731.4
1996
434.9
32.12
496.5
67.88
731.4
1997
69.4
9.49
662.0
90.51
731.4
The DOH also committed its savings at the end of every year as a fund to
further augment salaries as a measure of solidarity with its former colleagues in the
national agency.
Surveys in the past two years indicate that the policy may be working: the
level of implementation by local governments has increased from 73% in 1995 to
77% in 1996. Support for salary standardization has also been increasing to 83% in
1996.84
The level of frustration has also increased among local governments who are
now asking that the devolved workers be supported by the national government. If the
84
Local Government Assistance and Monitoring Service, Department of Health. Report from the
Quick Response System Group. Manila Department of Health, 1997.
34
national government is unable to do so, they contend, the national agencies should
find a way to get them back.85
The more discerning local executives, however, are beginning to ask questions
aboutthe budgets of national agencies and the sources of support for salary increases
that areavailable for national agencies but closed to local governments.
Lost in the debate of providing for health worker benefits is the fact that
benefits for health workers are only half the story of the Magna Carta: the law also
provides for a Code of Conduct for Public Health Workers. The Code of Conduct
discusses the values that a health worker must adopt as well as a set of duties and
obligations to the community, the clientele, co-workers and to the government86
Some health workers have brought some local executives (mayors, governors)
to court for non-payment of benefits with varying degrees of success. In other areas,
an interagency committee (Regional Transition Action Team, RTAT), created in the
post-devolution period to mediate disputes between local governments and devolved
workers, has had an impact in helping health workers get their benefits.
The year 1997 has seen increased efforts by many sectors to review the LGC
and provide amendments. The experience of the health workers in the implementation
of Magna Carta inevitably is discussed in the context of compensation for local
officials.
The policy should bring about the greater satisfaction on the job and
consequently
facilitating
85
Ibid.
DepartmentofHealth.Implementing Rules and Regulations/Code of Conduct for the Magna Carta
for Public Health Wokers (R.A. 7305).Manila:DepartmentofHealth,1992.
86
35
The Magna Carta for Public Health Workers was poorly implemented since it
overlaps with the decentralization of public health services to the local governments
in 1995.
government to the local governments who were then mandated to grant that law
provided for. Many local governments does not have enough budget and could not
simply afford to pay these benefits. Moreover, Many local officials showed no
political will to
that
Some
consequently led to a general dissatisfaction among health workers who did not
benefited from the Magna Carta. As observed many health workers transferred to
national health department offices or to private sector from the municipal and
provincial health system
36
As a
Chapter 5
Remittance Dependency Cycle
We intend to take care of [Filipino nurses] but was we encourage
this migration, I repeat, we will now encourage the training of all nurses
because as I repeat, this is a market that we should take advantage of.
Instead of stopping the nurses from going abroad why dont we produce
more nurses? If they want nurses we produce a thousand more.
-President Ferdinand Marcos, 197387
Migrant remittances and savings represent the most direct and measurable
benefits of international migration in migrant sending countries. Evidence indicates
that they contribute directly and indirectly
to income
in remittance-receiving
After India, the Philippines alongside with China and Mexico is the biggest
remittance recipient-countries worldwide. According to Bangko Sentral ng Pilipinas
the net remittance of overseas Filipinos in 2006 amounted to US$ 13.4 billion.88
This numbers includes remittances through formal channels, such as banks, and other
informal ways such as courier services. These monies, which represented a large
portion of the national income- 10 per cent of the Gross National Product (GNP) in
the last five years and have fueled domestic consumption, economic growth and
boosted the local currency to a four-year high against the U.S dollars.
87
Choy,C.C.(2003)EmpireCare:NursingandMigrationinFilipinoAmericanHistory.Durham,NC:
DukeUniversity
88
Bangko Sentral ng Pilipinas (2006)
37
20,000
18,000
16,000
14,000
12,000
10,000
inUS$Billion
8,000
6,000
4,000
2,000
0
2001
2002
2003
2004
2005
2006
2007
2008
2009
that result
89
www.ofwngayon.com/?tag=overseasemployment
Opiniano, J. (2004). Our Future Beside the Exodus: Migration and Development Issues in the
Philippines.
90
38
18
16
14
12
10
NetFDIas%GDP
remittanceas%ofGDP
6
4
2
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
the overseas
workers income and savings are enormous. Most research conducted concluded that,
these remittances have sent children and siblings to reputable schools, paid for
relatives medical needs, built decent houses, and acquired appliances.
A recent
91
Yang, Dean. 2004. International Migration, Human Capital, and Entrepreneurship: Evidence from
Philippine Migrants Exchange Rate Shocks, University of Michigan, Ann Arbor.
92
National Statistics Office (2003).
93
NSO (2002). 2000 Family Income and Expenditures Survey
94
Balea 2009
39
boost incomes and possibly prevent new migration flows. And in the case of Filipino
nurses, many perceived that the scale of deployment of Filipino nurses abroad is
mainly due to unavailable nursing positions in the country. Many nurses currently
working in the system as volunteers or casuals without any permanent plantilla
positions. The positions do not provide benefits such as health insurance and security
tenure and are considered exploitative.95 Migrante International has pointed out that
if public nurses were be given positions in local government units, and these were
divided by the total population and number of baranggays, a substantial number if
additional nursing positions could be added to the present demand. This would result
in a more favorable nurse to population ratio of one nurse every 16,723 Filipinos and
approximately one nurse for nine baranggays.96
The income
remittance- receiving
governments in
to develop long-term
economic and social policies to address poverty and inequality, which are the main
causes of emigration.97 From an economic perspective, Glytsos explained that the
comfortable finance of deficits by remittances relaxes governments from adopting
long-term economic policies for changing the structure of the economy to make it
more competitive against the rest of the world.98 Thus, high remittance flow might
relax governments from investing in the areas of social
95
Opiniano, J.: Health experts, nurse call for policies to curb effects of migration on
localhealth system., OFW Journalism Consortium, Apr. 2003.
96
Opiniano, J.: Health experts, nurse call for policies to curb effects of migration on localhealth
system., OFW Journalism Consortium, Apr. 2003.
97
Philipps, N. (2009). Migration as development strategy? The new political economy of
dispossession and inequality in the Americas. Review of International Political Economy, 16(2):231259.
98
Glystos, N. (2002). The Role of migrant remittances in development: Evidence from
Mediterranean countries. International Migration, 40(1):1-25
40
2005 and still below the 5 percent standard set by the World Health Organization
(WHO) for developing countries. On the other hand, the share health expenditure to
GNP remained at 3.1 percent which is within the National Objective for Health
(NOH) target of 3-4 percent.
Agenda (HSRA). Also. The governments target to depend less on out-of pocket
payments and provide more social health insurance is still far from being realized as
the share of out-of-pocket payments even increased to 49 percent while the share of
social insurance payments increased only slightly to 11 percent in 2005. Based on
the HSRA, the target for out- of- pocket is 20 percent while the target for social
insurance is 30 percent.
Moreover,
the share of
local
governments in health expenditures has increased has increased right after the
devolution. However, the LGUs are spending less than what the national government
used to spend for local health services before the devolution. Such reduction in
spending in health resulted to a marked decline in the quality of health services.
easily
employment opportunities are aggravated by the fact that remittances are primarily
spent on the consumption
99
Hernandez, E. and Coutin, S.B (2006). Remitting subjects: Migrants, money and states. Economy
and Society, 35(2):185-208.
41
Chapter 6
Conclusion and Recommendations
Migration of Filipino workers is characterized by short-term or long term
migration. Moreover, migration is said to be beneficial as it improved the quality of
life and secured the feature of the health workers migrants and their family and
boosting the countrys economy. In the light of the countrys weak economy which
is unable to provide sustainable employment to those in age productive group this is
said to be a very important benefit. Moreover, according to the
World
Bank-
commissioned paper:
estimated elasticity of
The issue of losses from nurse migration conclusive, the health care system
was more fragile as a result of rapid turnover and permanent loss of skilled and
experienced health workers.
100
Yang, D.: International migration, human capital and entrepreneurship: Evidence from Philippine
migrants exchange rate shocks (Washington DC, World Bank, 2005).
42
remittances
to be increasingly
invested in the local economy which would generate more jobs and decrease the
pressure to migrate.
countrys development
aimed at
The
weaknesses
fundamental rights.
by
policy
framework
patternsnamely
rational
management strategies.
1. The need to ensure that government policies and programs are brought
together
into a coherent
health
worker
migration policy.
The active
Philippine Medical
3. The implementation of National Health Service Act (NHSA), that call upon
graduates, specifically from the state-run health science schools, to serve in
the Philippines for 2 years before they leave the country. The practice of
requiring recent graduates to give years of service in return for their training
43
doctors have to give 5 years of service to their country to defray the costs of
training or pay a fine if they do not comply. Moreover, developed countries
like Singapore also maintain bonds as a prerequisite
of representation
without taxation. This form of claim certainly lowers the bar in terms of
arguments against a Bhagwati tax, leaving only the admittedly difficult task
of specifying how such tax could be effectively and fairly administered.
Moreover, this issue of fairness and feasibility have always been a problem
for the solution like Bhagwati tax, nevertheless they are not unachievable.
101
44
Bibliographies
Books
Castles, S. and Miller, M.J.2003. The Age of Migration: International Population
Movements in the Modern World, 3rd ed. New York: Guilford.
Massey, Douglas S., Joaquin Arango, Graeme Hugo, Ali Kouaouci, Adela Pellegrino
and J.
Durand, J., W Kandel, E.A. Parrado and D.S. Massey.1996a. International migration
and development in Mexican communities. Demography,Vol.3,No. 3,pp.313330.
Entzinger, Han. 1985.Return Migration in Western Europe: Current policy trends
and their implications, in particular for the second generation. International
Migration, Vol. 23, No.2, pp. 263-290.
Findalay, A. and Lowel, L.: Migration of highly skilled persons from developing
countries: Impact and Policy Responses. International migration Papers, No. 43.
(Geneva, ILO).
Glystos, N. (2002). The Role of migrant remittances in development: Evidence
from Mediterranean countries. International Migration, 40(1):1-25
Hagopian, A., MJ Thompson, M. Fordyce, K.E.Johnson and L.G. Hart, The
Migration of Physicians from Sub- Saharan Africa to the United States of America:
Measure of the Afrcan Brain Drain, Human Resources for Health, 2/17 (2004).
Hernandez, E. and Coutin, S.B (2006). Remitting subjects: Migrants, money and
states. Economy and Society, 35(2):185-208.
International Labour Organization (1997-2002), Economically Active Population,
1950-2010 (Geneva:ILO)
Lieten, G.K and Olga Nieuwenhuys.1989. Introduction: Survival and emancipation.
In G.K.
Lieten, Olga Nieuwenhuys and Loes Schenk- Sandbergen (eds,) Women, Migrants
and Tribals: Survival Strategies in Asia. Manohar, New Delhi.
Lucas, Rober E.B. and Oded Stark.1985 Motivations to remit: Evidence from
Botswana. Journal of Political Economy, Volume.93, NO.5,pp.901-918
Martineau,T.,K. Decker and P. Bundred, Briefing Note on International Migration of
Health Professionals: Levelling the Playing Field for Developing Country Health
Systems (Liverpool School of Tropical Medicine, 2002).
Opiniano, J.: Health experts, nurse call for policies to curb effects of migration on
localhealth system., OFW Journalism Consortium, Apr. 2003.
46
47
48
APPENDIX:
REPUBLIC ACT NO. 7305
THE MAGNA CARTA OF PUBLIC HEALTH WORKERS
SECTION 1. Title. - This Act shall be known as the "Magna Carta of Public Health
Workers."chan robles virtual law library
SEC. 2. Declaration of the Policy. - The State shall instill health consciousness among
our people to effectively carry out the health programs and projects to the government
essential for the growth and health of the nation. Towards this end, this Act aims:
(a) to promote and improve the social and economic well-being of the health workers,
their living and working conditions and terms of employment;
(b) to develop their skills and capabilities in order that they will be more responsive
and better equipped to deliver health projects and programs; and
(c) to encourage those with proper qualifications and excellent abilities to join and
remain in government service.
SEC. 3. Definition. - For purposes of this Act, "health workers" shall mean all persons
who are engaged in health and health-related work, and 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 and shall include
medical, allied health professional, administrative and support personnel employed
regardless of their employment status.
SEC. 4. Recruitment and Qualification. - Recruitment policy and minimum
requirements with respect to the selection and appointment of a public worker shall be
developed and implemented by the appropriate government agencies concerned in
accordance with policies and standards of the Civil Service Commission: Provided,
That in the absence of appropriate eligibles and it becomes necessary in the public
49
interest to fill a vacancy, a temporary appointment shall be issued to the person who
meets all the requirements for the position to which he/she is being appointed except
the appropriate civil service eligibility: Provided, further, That such temporary
appointment shall not exceed twelve (12) months nor be less than three (3) months
renewal thereafter but that the appointee may be replaced sooner if (a) qualified civil
service eligible becomes available, or (b) the appointee is found wanting in
performance or conduct befitting a government employee.chan robles virtual law
library
SEC. 5. Performance Evaluation an Merit Promotion. - The Secretary of Health, upon
consultation with the proper government agency concerned and the ManagementHealth Workers Consultative Councils, as established under Section 33 of this Act,
shall prepare a uniform career and personnel development plan applicable to all public
health personnel. Such career and personnel development plan shall include
provisions on merit promotion, performance evaluation, inservice training grants, job
rotation, suggestions and incentive award system.
The performance evaluation plan shall consider foremost the improvement of
individual employee efficiency and organizational effectiveness: Provided, That each
employee shall be informed regularly by his/her supervisor of his/her performance
evaluation.
The merit promotion plan shall be in consonance with the rules of the Civil Service
Commission.
SEC. 6. Transfer or Geographical Reassignment of Public health Workers.
(a) a transfer is a movement from one position to another which is of
equivalent rank, level or salary without break in service;
(b) a geographical reassignment, hereinafter referred to as "reassignment," is a
movement from one geographical location to another; and
(c) a public health worker shall not be transferred and or reassigned, except
when made in the interest of public service, in which case, the employee
concerned shall be informed of the reasons therefore in writing. If the public
health worker believes that there is no justification for the transfer and/or
50
reassignment, he/she may appeal his/her case to the Civil Service Commission,
which shall cause his/her reassignment to be held in abeyance; Provided, That
no transfer and/or reassignment whatsoever shall be made three (3) months
before any local or national elections: Provided, further, That the necessary
expenses of the transfer and/or reassignment of the public health worker and
his/her immediate family shall be paid for the Government.c
SEC. 7. Married Public Health Workers. - Whenever possible, the proper authorities
shall take steps to enable married couples, both of whom are public health workers, to
be employed or assigned in the same municipality, but not in the same office.
SEC. 8. Security of Tenure. - In case of regular employment of public health workers,
their services shall not be terminated except for cause provided by law and after due
process: Provided, That if a public health workers is found by the Civil Service
Commission to be unjustly dismissed from work, he/she shall be entitled to
reinstatement without loss of seniority rights and to his/her back wages with twelve
percent (12%) interest computed from the time his/her compensation was withheld
from his/her up to time of reinstatement.
SEC. 9. Discrimination Prohibited. - A public worker shall not be discriminated
against with regard to gender, civil status, civil status, creed, religious or political
beliefs and ethnic groupings in the exercise of his/her profession.
SEC. 10. No Understaffing/Overloading of Health Staff. - There shall be no
understaffing or overloading of public health workers. The ratio of health staff to
patient load shall be such as to reasonably effect a sustained delivery of quality health
care at all times without overworking the public health worker and over extending
his/her duty and service. Health students and apprentices shall be allowed only for
purposes of training and education.
In line with the above policy, substitute officers or employees shall be provided in
place of officers or employees who are on leave for over three (3) months. Likewise,
the Secretary of Health or the proper government official shall assign a medico-legal
officer in every province.
51
In places where there is no such medico-legal officer, rural physicians who are
required to render medico-legal services shall be entitled to additional honorarium and
allowances.
SEC. 11. Administration Charges. - Administrative charges against a public health
worker shall be heard by a committee composed of the provincial health officer of the
province where the public health worker belongs, as chairperson, a representative of
any existing national or provincial public health workers organization or in its
absence its local counterfeit and a supervisor of the district, the last two (2) to be
designated by the provincial health officer mentioned above. The committee shall
submit its findings and recommendations to the Secretary of Health within thirty (30)
days from the termination of the hearings. Where the provincial health officer is an
interested party, all the members of the committee shall be appointed by the Secretary
of Health.
SEC. 12. Safeguards in Disciplinary Procedures - In every disciplinary proceeding,
the public health worker shall have;
(a) the right to be informed, in writing, of the charges;
(b) the right to full access to the evidence in the case;
(c) the right to defend himself/herself and to be defended by a representative
of his/her choice and/or by his/her organization, adequate time being given to
the public health worker for the preparation of his/her defense;
(d) the right to confront witnesses presented against him/her and summon
witnesses in his/her behalf;chan robles virtual law library
(e) the right to appeal to designated authorities;
(f) the right to reimbursement of reasonable expenses incurred in his/her
defense in case of exoneration or dismissal of the charges; and
(g) such other rights as will ensure fairness and impartiality during
proceedings.
SEC. 13. Duties and Obligations. - The public health workers shall:
(a) discharge his/her duty humanely wit conscience and dignity;
52
(b) perform his/her duty with utmost respect for life; and race, gender, religion,
nationality, party policies, social standing or capacity to pay.
SEC. 14. Code of Conduct. - Within six (6) months from the approval of this Act, the
Secretary of Health, upon consultation with other appropriate agencies, professional
and health workers organization, shall formulate and prepare a Code of Conduct for
Public Health Workers, which shall be disseminated as widely as possible.
SEC. 15. Normal Hours of Work. - The normal of wok of any public health worker
shall not exceed eight (8) hours a day or forty (40) hours a week. Hours worked shall
include:
(a) all the time during which a public health worker is required to be on active
duty or to be at a prescribed workplace; and
(b) all the time during which a public health worker is suffered or permitted to
work. Provided, That the time when the public health worker is place on "On
Call" status shall not be considered as hours worked but shall entitled the
public health worker to an "On Call" pay equivalent to fifty percent (50%) of
his/her regular wage. "On Call" status refers to a condition when public health
workers are called upon to respond to urgent or immediate need for
health/medical assistance or relief work during emergencies such that he/she
cannot devote the time for his/her own use.
SEC. 16. Overtime Work. - Where the exigencies of the service so require, any public
health worker may be required t render, service beyond the normal eight (8) hours a
day. In such a case, the workers shall be paid an additional compensation in
accordance with existing laws and prevailing practices.
SEC. 17. Work During Rest Day. (a) Where a public health worker is made to work on his/her schedule rest day,
he/she shall be paid an additional compensation in accordance with existing
laws; and
53
(b) Where a public health worker is made to worm on any special holiday
he/she shall be paid an additional compensation in accordance with existing
laws. Where such holiday work falls on the workers scheduled rest day,
he/she shall be entitled to an additional compensation as may be provided by
existing laws.
SEC. 18. Night-Shift Differential. (a) Every public health worker shall be paid night-shift differential of ten
percent (10%) of his/her regular wage for each hour of work performed during
the night-shifts customarily adopted by hospitals.
(b) Every health worker required to work on the period covered after his/her
regular schedule shall be entitled to his/her regular wage plus the regular
overtime rate and an additional amount of ten percent (10%) of such overtime
rate for each hour of work performed between ten (10) oclock in the evening
to six (6) oclock in the morning.
SEC. 19. Salaries. - In the determination of the salary scale of public health workers,
the provisions of Republic Act No. 6758 shall govern, except that the benchmark for
Rural Health Physicians shall be upgraded to Grade 24.
(a) Salary Scale - Salary Scales of public health workers shall be provided
progression: Provided, That the progression from the minimum to maximum
of the salary scale shall not extend over a period of ten (10) years: Provided,
further, That the efficiency rating of the public health worker concerned is at
least satisfactory.
(b) Equality in Salary Scale - The salary scales of public health workers whose
salaries are appropriated by a city, municipality, district, or provincial
government shall not be less than those provided for public health workers of
the National Government: Provided, That the National Government shall
subsidize the amount necessary to pay the difference between that received by
nationally-paid and locally-paid health workers of equivalent positions.
(c) Salaries to be Paid in Legal Tender. - Salaries of public health workers
shall be paid in legal tender of the Philippines or the equivalent in checks or
treasury warrants: Provided, however, That such checks or treasury warrants
54
SEC. 21. Hazard Allowance. - Public health worker in hospitals, sanitaria, rural health
units, main centers, health infirmaries, barangay health stations, clinics and other
health-related establishments located in difficult areas, strife-torn or embattled areas,
distresses or isolated stations, prisons camps, mental hospitals, radiation-exposed
clinics, laboratories or disease-infested areas or in areas declared under state of
calamity or emergency for the duration thereof which expose them to great danger,
contagion, radiation, volcanic activity/eruption occupational risks or perils to life as
determined by the Secretary of Health or the Head of the unit with the approval of the
Secretary of Health, shall be compensated hazard allowance equivalent to at least
twenty-five percent (25%) of the monthly basic salary of health workers receiving
salary grade 19 and below, and five percent (5%) for health workers with salary grade
20 and above.
SEC. 22. Subsistence Allowance. - Public health workers who are required to render
service within the premises of hospitals, sanitaria, health infirmaries, main health
centers, rural health units and barangay health stations, or clinics, and other healthrelated establishments in order to make their services available at any and all times,
shall be entitled to full subsistence allowance of three (3) meals which may be
55
SEC. Longevity Pay. - A monthly longevity pay equivalent to five percent (5%) of the
monthly basic pay shall be paid to a health worker for every five (5) years of
continuous, efficient and meritorious services rendered as certified by the chief of
office concerned commencing with the service after the approval of this Act.
SEC. 24. Laundry Allowance. - All public health workers who are required to wear
uniforms regularly shall be entitled to laundry allowance equivalent to one hundred
twenty-five pesos (P125.00) per month: Provided, That this rate shall be reviewed
periodically and increased accordingly by the Secretary of Health in consultation with
the appropriate government agencies concerned taking into account existing laws and
prevailing practices.
SEC. 25. Remote Assignment Allowance. - Doctors, dentists, nurses, and midwives
who accept assignments as such in remote areas or isolated stations, which for reasons
of far distance or hard accessibility such positions had not been filed for the last two
(2) years prior to the approval of this Act, shall be entitled to an incentive bonus in the
form of remote assignment allowance equivalent to fifty percent (50%) of their basic
pay, and shall be entitled to reimbursement of the cost of reasonable transportation to
and from and during official trips.
In addition to the above, such doctors, dentists, nurses, and midwives mentioned in
the preceding paragraph shall be given priority in promotion or assignment to better
areas. Their tour of duties in the remote areas shall not exceed two (2) years, except
when there are no positions for their transfer or they prefer to start in such posts in
excess of two (2) years.
SEC. 26. Housing. - All public health workers who are in tour of duty and those who,
because of unavoidable circumstances are forces to stay in the hospital, sanitaria or
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health infirmary premises, shall entitles to free living quarters within the hospital,
sanitarium or health infirmary or if such wuarters are not available, shall receive
quarters allowance as may be determined by the Secretary of Health and other
appropriate government agencies concerned: Provided, That this rate shall be
reviewed periodically and increased accordingly by the Secretary of Health in
consultation with the appropriate government agencies concerned.chan robles virtual
law library
SEC. 28. Compensation of Injuries. - Public health workers shall be protected against
the consequences of employment injuries in accordance with existing laws. Injuries
incurred while doing overtime work shall be presumed work-connected.
SEC. 29. Leave Benefits for Public Health Workers. - Public health workers are
entitled to such vacation and sick leaves as provided by existing laws and prevailing
practices: Provided, That in addition to the leave privilege now enjoyed by public
health, women health workers are entitled to such maternity leaves provided by
existing laws and prevailing practices: Provided, further, That upon separation of the
public health workers from services, they shall be entitled to all accumulated leave
credits with pay.
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SEC. 30. Highest Basic Salary Upon Retirement - Three (3) prior to the compulsory
retirement, the public health worker shall automatically be granted one (1) salary
range or grade higher than his/her basic salary and his/her retirement benefits
thereafter, computed on the basis of his/her highest salary: Provided, That he/she has
reached the age and fulfilled service requirements under existing laws.
SEC. 31. Right to Self-Organization. - Public health workers shall have the right to
freely from, join or assist organizations or unions for purposes not contrary to law in
order to defend and protect their mutual interests and to obtain redness of their
grievances through peaceful concerned activities.
However, meanwhile the State recognizes the right of public health workers to
organize or join organization, public health workers 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.
SEC. 32. Freedom from Interference or Coercion. - It shall be unlawful for any
person to commit any of the following acts of interference or coercion:
(a) to require as a condition of employment that a public health worker shall
not join a health workers organization or union or shall relinquish
membership therein;
(b) to discriminate in regard to hiring or tenure of employment or any item or
condition of employment in order to encourage or discourage membership in
any health workers organization or union;
(c) to prevent a health worker from carrying out duties laid upon him/her by
his/her position in the organization or union, or to penalize him/her for the
action undertaken in such capacity;
(d) to harness or interfere with the discharge of the functions of the health
worker when these are calculated to intimidate or to prevent the performance
of his/her duties and responsibilities; and
(e) to otherwise interfere in the establishment, functioning, or administration
of health workers organization or unions through acts designed to place such
organization or union under the control of government authority.
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SEC. 35. Rules and Regulations. - The Secretary of Health after consultation with
appropriate agencies of the Government as well as professional and health workers
organizations or unions, shall formulate and prepare the necessary rules and
regulations to implement the provisions of this Act. Rules and regulations issued
pursuant to this section shall take effect thirty (30) days after publication in a
newspaper of general circulation.
SEC. 36. Prohibition Against Double Recovery of Benefits. - Whenever other laws
provide for the same benefits covered by this Act, the public health worker shall have
the option to choose which benefits will be paid to him/her. However, in the event
that the benefits chosen are less than that provided under this Act, the worker shall be
paid only the difference.
SEC. 37. Prohibition Against Elimination and/or Diminution. - Nothing in this law
shall be construed to eliminate or in any way diminish benefits being enjoyed by
public health workers at the time of the effectivity of this Act.
SEC. 38. Budgetary Estimates. - The Secretary of health shall submit annually the
necessary budgetary estimates to implement the provisions of this Act in staggered
basis of implementation of the proposes benefits until the total of Nine hundred forty60
Budgetary estimates for the succeeding years should be reviewed and increased
accordingly by the Secretary of Health in consultation with the Department of Budget
and Management and the Congressional Commission on Health (HEALTHCOM).
SEC. 39. Penal Provision. - Any person shall willfully interfere with, restrain or
coerce any public health worker in the exercise of his/her rights or shall in any
manner any act in violation of any of the provisions of this Act, upon conviction, shall
be punished by a fine of not less than Twenty thousand pesos (P20,000.00) but not
more than one (1) year or both at the discretion of the court.
If the offender is a public official, the court, in addition to the penalties provided in
the preceding paragraph, may impose the additional penalty of disqualification from
office.
SEC. 40. Separability Clause. - If any provision of this Act is declared invalid, the
remainder of this Act or any provision not affected thereby shall remain in force and
effect.
SEC. 41. Repealing Clause. - All laws, presidential decrees, executive orders and
their implementing rules, inconsistent with the provisions of this act are hereby
repealed, amended or modified accordingly.
SEC. 42. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in at least two (2) national newspapers of general circulation
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