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[av_heading heading=’ ABOVE THE LAW ‘ tag=’h3′ style=’blockquote modern-quote’ size=’30’ subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=”]
BY AYIN DREAM D. APLASCA
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A RECENTLY signed Department Order No. 182-17 will take effect 15 days after its publication in a newspaper of general circulation. The said order was issued to set guidelines that will govern the employment of health workers in private establishments.
These health workers are employees engaged in health and health-related work, which shall include, but not limited to, physicians, nurses, nutritionists, dietitians, pharmacists, social workers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other health personnel.
These health workers are being recruited as nurses and other health workers in the guise of false volunteerism and false trainings. Thus, the purpose of the said order is to end the exploitation of health workers and personnel.
This is to ensure the protection and welfare of health personnel employed in the private healthcare industry. This was a product of inter-agency consultation of the Department of Labor and Employment (DOLE) with all stakeholders and subsequent inspection of deputized representatives in some private hospitals.
This order was made possible pursuant to the rule-making power of the Secretary of DOLE. This is under Article 5 of the Labor Code of the Philippines.
The order enumerates the minimum benefits for health workers like wages, holiday pay, different leave benefits, and all other benefits that are also granted by existing labor laws and regulations.
But of course, these benefits should be without prejudice to any company policy, contract, or Collective Bargaining Agreement providing for better terms and conditions of employment.
The order also has provisions for right to security of tenure, right to self-organization and collective bargaining, allowable trainings, volunteer programs, and non-diminution of benefits.
This is good news to all because this will definitely protect the rights of workers, more particularly in the private establishments. The order guarantees us that whatever policies, issuances, rules and regulations and agreements inconsistent with this are repealed or modified accordingly.
(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
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