Department Order 182-17: Guidelines Governing the Employment and Working Conditions of Health Personnel in the Private Healthcare Industry

Department Order 182-17: Guidelines Governing the Employment and Working Conditions of Health Personnel in the Private Healthcare Industry

1. Guidelines Governing the Employment and Working Conditions of Health Personnel in the Private Healthcare Industry Department Order No. 182-17

2. Department Order 182 Series of 2017 2 To ensure the protection and welfare of health personnel employed in the private healthcare industry

3. Coverage 3 Health personnel and establishments, workplaces, operations and undertakings in the private healthcare industry Workers in the private health care industry who are exposed to airborne contaminants, human carcinogens, substances, or chemicals Employment and working conditions of workers who will provide emergency medical and dental services

4. HEALTHCARE INDUSTRY HEALTH PERSONNEL INTERN APPRENTICE Aggregation and integration of sectors that provide health goods and services Employees who are engaged in health and health-related work Student enrolled in a Philippine higher education or technical-vocational institution undergoing training in a hospital and other healthcare institutions Person undergoing training for an approved apprenticeable occupation 4 Definition of Terms RESIDENT PHYSICIAN Licensed physicians with training agreements with training hospitals accredited by the DOH and the PRC

5. Wages for all actual work hours and days not lower than the applicable minimum wage rates paid at least once every 2 weeks at intervals not exceeding 16 days Holiday pay of 100% minimum wage for the 12 regular holidays if not at work and 200% minimum wage if at work Premium pay for work on special days of 30% of basic wage Additional 10% basic wage as night shift pay for work between 10:00 PM and 6:00 AM of the following day Paid service incentive leave of 5 days for every year of service 13 th month pay equivalent to 1/12 of the total basic salary earned within the calendar year Minimum Benefits 5

6. Paid maternity leave of 60 days for NSD or 78 days for CS Paid paternity leave of 7 days Paid parental leave of 7 days for solo parents Paid leave of 10 days for victims of violence against women and their children Paid special leave of up to 60 days for women for surgery caused by gynecological disorders Minimum Benefits 6

7. Separation pay if termination is due to any of the authorized causes under Articles 298-299 of the Labor Code Retirement pay upon reaching the age of 60 or more but not beyond 65 years old All other benefits as provided under existing labor laws and regulations Minimum Benefits 7

8. Normal hours of work not exceeding 8 hours a day In cities and municipalities with a population of at least 1M or in hospitals and clinics with a bed capacity of at least 100 Regular workhours of 8 hours a day for 5 days a week , exclusive of time for meals Except when service require that personnel work for 6 days or 48 hours with additional compensation of at least 30% of regular wage for work at the 6 th day Hours of Work 8

9. Not less than 1-hour non-compensable time-off for regular meals Meal period not less than 20 minutes may be given provided that shorter meal period is credited as compensable hours worked Rest periods or coffee breaks running from 5 to 20 minutes shall be considered as compensable working time M e al and Rest P e riods 9

10. Employer shall consult the recognized workers’ representatives or union on the details of the night work schedules Consultation shall take place regularly and appropriate changes of work schedule shall be agreed upon before implementation Night Work Schedules 10

11. Waiting time such as endorsement period spent by health personnel shall be considered as working time if he or she is required or engaged by the employer to wait . A health personnel required to remain on call that he cannot use the time effectively and gainfully for his own purpose shall be considered as working while on call. An employee who is not required to leave word at his home or with company officials where he may be reached is not working while on call. Waiting Time 11

12. SSS contribution Pag-IBIG contribution PhilHealth contribution Withholding tax from income , provided a proper withholding tax receipt is issued to the employee before the filing of income tax return every year Union dues , if authorized in writing Other deduction as may be authorized in writing by the health personnel for payment to a 3 rd person and the employer agrees to do so, provided that the latter does not receive any pecuniary benefit from the transaction Deductions from Salary 12

13. Compressed workweek schemes shall not be utilized in health services or in occupations or workplaces in which employees are exposed to airborne contaminants, human carcinogens, substances, chemicals or noise that exceed threshold limit values or tolerance levels for an eight-hour workday. Compressed Workweek Schemes 13

14. Adoption, implementation, and promotion of occupational safety and health programs of the following: Tuberculosis, HIV-AIDS, Hepatitis B, workplace bullying, and drug use Promotion and implementation of policies and programs on the following: Anti-smoking, anti-sexual harassment, and disaster and risk management Organization of a safety and health committee in accordance with the OSHS. Occupational Safety and Health 14

15. All healthcare institutions are required to provide their employees the appropriate personal protective equipment at no cost to the employees, interns, and apprentices . Provision of Personal Protective Equipment 15

16. Entitled to coverage for social welfare benefits: Pag-IBIG fund PhilHealth Employee’s Compensation Law Social Security Law Social Welfare Benefits 16

17. Adequate number of qualified, trained and competent staff to ensure efficient and effective delivery of quality services Health Personnel Requirement for Hospitals and Other Healthcare Facilities 17

18. Enjoy security of tenure in their employment, and can only be terminated for just or authorized causes Have the right to form, join or assist in the formation of a labor organization of their own choosing for purposes of collective bargaining and to engage in concerted activities Right to Security of Tenure, Self-Organization, and Collective Bargaining 18

19. Allowable Trainings 19 EMPLOYEES All service trainings required and conducted by the establishment shall be at no cost to the health personnel . INTERNS Establishments shall only be allowed trainings for interns in accordance with applicable guidelines on internship . APPRENTICESHIP Any apprenticeship is valid if it is in accordance with the requirements under the Labor Code and other related laws.

20. A resident physician shall not be considered an employee of the healthcare establishment if the following elements are present: There is a training agreement between them; and The training program is duly accredited or approved by the appropriate government agency. Allowable Trainings 20 RESIDENT PHYSICIANS IN TRAINING

21. Health-related volunteer programs shall only be undertaken by DOH accredited non-profit hospitals or government hospitals . Volunteer programs carried out by profit-oriented hospitals shall be subject to the requirements of the Labor Code based on employer-employee relationship between the volunteer and the healthcare institution . Acceptance of volunteers in profit-orientated healthcare establishments is prohibited . Volunteer Programs 21

22. All issues on employment involving health personnel, such as disciplinary measures, suspension and termination , shall be subject to the 30-day mandatory conciliation-mediation or the Single-Entry Approach ( SEnA ) of the DOLE Conciliation-Mediation through the Single-Entry Approach 22

23. 23 Thank you!