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Republic of the Philippines f
HOUSE OF REPRESENTATIVE!
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House Bill No, 269

Introduced by Representative GERALDINE B. ROMAN

EXPLANATORY NOTE

This bill seeks to institute policies for the protection and welfare of caregivers in
the Philippines.

A “caregiver” refers to a paid or employed person who takes care or attends to the
physical and psychological needs of an infant, child or dependent adult who is
disabled or whose health is impaired by sickness or old age particularly with their
activities of daily living whether outside or within their home.

Professional and responsive care giving is very vital to medically and physically
challenged individuals. The country’s aging population, the increase in the
number of children born with medical issues and prevalent illnesses are the
reasons why the demand for caregiving service continues to rise in the
Philippines.

Many countries such as the United States, Canada and those in the Middle East
and Europe and even in Asian countries like Japan and Korea prefer Filipino
caregivers because of their unconditional and genuine care for their clients.

‘The sudden increase in the popularity of professional caregivers in the Philippines
and abroad has prompted the government to require all caregiving schools in the
country to register their caregiving program with the Technical Education and
Skills Development Authority (TESDA), which is tasked to manage and supervise
technical education and skills development, so that each caregiver who will be
working here and abroad will be equipped with all the skills needed to perform
the job properly and efficiently.


In recognition of the very important role of caregivers in national development,
policies in the practice of the caregiving profession must be instituted to protect
the rights of caregivers and to promote their welfare towards a decent
employment. Caregivers must also be protected against abuse, harassment,
violence and economic exploitation. These proposed policies must also be
enacted into law to maintain excellent and globally competitive standards for the
caregiver professional service.

In view of the foregoing, immediate passage of this bill is earnestly sought.

hn n ed Mra
ERALDINE B, ROMAN



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS,
First Regular Session

House Bill No, 269

Introduced by Representative GERALDINE B. ROMAN

AN ACT
INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF
CAREGIVERS IN THE PRACTICE OF THEIR PROFESSION
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

‘CTION 1. Short Title. — This Act shall be known as the “Caregivers
Welfare Act”.

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State
to recognize the role of caregivers in national development and to institute
policies in the practice of the profession with the end in view of developing
competent caregivers whose standards of professional service shall be excellent
and globally competitive

The State also recognizes the need to protect the rights of the caregivers
towards a decent employment and income, and adheres to a policy of protecting
caregivers against abuse, harassment, violence and economic exploitation.

SEC. 3. Definition of Terms. — As used in this Act:

(a) Caregiver refers to a graduate of a caregiving course from an accredited
training institution that is recognized by the government, or is certified competent
by that same institution, and renders caregiving services as stipulated in Section 6
of this Act;


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(b) Client refers to an infant, child or dependent adult;

(c) Employer refers to any person who engages and controls the services of a
caregiver and is a party to the employment contract; and

(d) Private employment agency (PEA) refers to any individual, legitimate
partnership, corporation or entity licensed to engage in the recruitment and
placement of caregivers for local employment.

SEC. 4. Employment Contract. ~ An employment contract shall be executed
by and between the caregiver and the employer before the commencement of the
service in a language or dialect understood by both parties. A copy of the duly
signed employment contract shall be given to the caregiver which shall include
the following:

(a) Duties and responsibilities of the caregiver;

(b)Period of employment;

(c) Compensation;

(d) Authorized deductions;

(e) Hours of work and proportionate additional payment;

(f) Rest days and allowable leaves;

(g) Board, lodging and medical attention;

(h) Termination of employment; and

() Any other lawful condition agreed upon by both parties.

The Department of Labor and Employment (DOLE) shall develop a model
employment contract for caregivers which shall be made available at all times,
free of charge to caregivers, employers and the general public.

In case where the employment of the caregiver is facilitated through a private
employment agency, the PEA shall keep a copy of all employment contracts of
their caregivers which shall be made available for verification and inspection by
the DOLE.

SEC. 5.Preemployment Requirements. — Prior to the execution of the

employment contract, the employer may require the following:


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(a) Caregivers training certificate issued by the school or institution
accredited by the Technical Education and Skills Development Authority
(TESDA);

(b) Medical certificate or health certificate issued by a local government
health officer; and

(c) Barangay and police clearance.

SEC. 6. Duties of the Caregivers. — The caregiver may provide any of the
following services:

(a) Provide personal care support and assistance to clients with physical
impairment or disabilities in private homes, nursing or geriatric care facilities, and
other residential setting;

(b) Help clients with their daily activities and mobility restrictions;

(c) Provide some basic health-related services, such as checking the clients’
pulse rate, temperature and respiration rate;

(d)Help clients with simple prescribed exercises and assist them with home
medications as prescribed by the physician;

(e) Advise families and patients on cleanliness and household tasks;

(f) Accompany clients to appointments with doctors or on other errands;

(g) Assist in housekeeping tasks for the clients; and

(h) Some other tasks depending on the needs of the clients.

SEC. 7. Hours of Work. — The caregiver’s working hours shall be based on
the employment contract signed by the parties and in accordance with the labor
laws, rules and regulations. The caregiver shall be entitled to an aggregate daily
rest period of eight (8) hours per day and at least twenty-four (24) hours of rest in
a week. The employer shall respect the preference of the caregiver as to the
weekly rest day when such preference is based on religious grounds.

SEC. 8.Minimum Wage. — The minimum wage of a caregiver shall not be
less than the following:


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(a) Seven thousand pesos (P7,000.00) a month for those employed in the
National Capital Region (NCR),

(b)Five thousand five hundred pesos (P5,500.00) a month for those
employed in chartered cities and first class municipalities; and

(c)Four thousand pesos (P4,000.00) a month for those employed in other
municipalities.

One (1) year after the effectivity of this Act and, periodically thereafter, the
Regional Tripartite Wages and Productivity Board (RTWPB) shall review and
adjust the minimum wage rates for caregivers.

SEC. 9. Payment of Wages. - Wages shall be paid on time directly to the
caregiver to whom they are due once every two (2) weeks or twice a month at the
intervals not exceeding sixteen (16) days, The employer, unless allowed by the
caregiver through a written consent, shall make no deductions from the wages
other than what is mandated by law. No employer shall pay the wages of the
caregiver by means of promissory notes, vouchers, coupons, tokens, tickets, chits,
or any object other than the cash wage as provided for under the law

They are also entitled to a Thirteenth-month pay as provided for by law.

BuO: Pay Slip. — The employer shall at all times provide the
caregiver with a copy of the pay slip containing the amount paid in cash every pay
day and indicating all deductions made, if any. A copy of the pay slip shall be
kept by the employer for a period of three (3) years.

SEC. 11 Leave Benefits. ~ A caregiver who has rendered at least one (1)
year of service shall be entitled to an annual service incentive leave of five (5)
days with pay. Any unused portion of the annual leave shall not be cumulative or
carried over to the succeeding years. Unused leaves shall not be convertible to
cash.

SEC. 12. Other Benefits. — A caregiver who has rendered at least one (1)
month of service shall be covered by the Social Security System (SSS), the
Philippine Health Insurance Corporation (PhilHealth), and the Home

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Development Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits in
accordance with the pertinent provisions provided by law.

Premium payments or contributions shall be shouldered by the employer.
However, if the caregiver is receiving a wage of five thousand pesos (P5,000,00)
and above per month, the caregiver shall pay the proportionate share in the
premium payments or contributions, as provided by law.

SEC. 13. Non-diminution of Benefits. — All existing arrangements
between a caregiver and the employer shall be adjusted to conform to the
minimum standards set by this Act. The adjustment pertaining to wages shall take
effect immediately after the determination and issuance of the appropriate wage
order by the RTWPB. Nothing in this Act shall be construed to cause the
diminution or substitution of any benefits and privileges currently enjoyed by the
caregiver hired directly or through a PEA.

SEC. 14. Basic Necessities. - The employer shall provide for the basic
necessities of the caregiver to include at least three (3) adequate meals a day and
humane sleeping arrangement. They shall also provide appropriate rest and
assistance in case of illnesses and injuries sustained during service without loss of
benefits.

SEC. 15. Privileged Information, ~ All information and communication
pertaining to the patient or employer or members of the household shall be treated
as privileged and confidential, and shall not be publicly disclosed by the caregiver
during and after employment.

SEC. 16. Termination of Service. — Neither the caregiver nor the
employer may terminate the contract before the expiration of the term except for
grounds provided for in Sections 17 and 18 of this Act. If the caregiver is
unjustly dismissed, the caregiver shall be paid the compensation already earned
plus the equivalent of fifteen (15) days work by way of indemnity. If the caregiver
leaves without justifiable cause, any unpaid salary due not exceeding the

equivalent of fifteen (15) days work shall be forfeited. In addition, the employer


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may recover from the caregiver costs incurred related to the deployment expenses,
if any: Provided, That the service has been terminated within six (6) months from
the caregiver’s employment.

If the duration of the caregiving service is not determined either in stipulation
or by the nature of the service, the employer or the caregiver may give notice to
end the working relationship five (5) days before the intended termination of the
service

The caregiver and the employer may mutually agree upon written notice to
preterminate the contract of employment to end the employment relationship.

SEC, 17. Termination of Contract by the Caregiver. ~ The caregiver
may terminate the employment relationship at any time before the expiration of
the contract for any of the following reasons:

(a) Verbal or emotional abuse by the employer, client or any member of the
household;

(b) Inhuman treatment including physical abuse by the employer, client or
any member of the household;

(c) Commission of a crime or offense against the caregiver by the employer,
client or any memiber of the household;

(d) Violation of the terms and conditions of the employment contract by the
employer; and

(e) Other causes analogous to the foregoing.

SEC. 18. Termination of Contract by the Employer. ~ The employer
may terminate the services of the caregiver at any time before the expiration of
the contract for any of the following causes:

(a) Misconduct or willful disobedience by the caregiver of the lawful order of
the employer in connection with the former’s work;

(b) Gross or habitual neglect or insufficiency in the performance of duties:

(c) Fraud or willful breach of the trust reposed by the employer;


(d)Commission of a crime or offense by the caregiver against the person of
the employer, client or any immediate member of the employer’s family;

(e) Violation of the terms and conditions of the employment contract by the
caregiver;

(£) Any disease prejudicial to the health of the caregiver, the employer, or
members of the household; and.

(g) Other causes analogous to the foregoing.

SEC. 19. Settlement of Disputes. ~ All labor-related disputes shall be
elevated to the DOLE Regional Office having jurisdiction over the workplace
without prejudice to the filing of civil or criminal action in appropriate cases. The
DOLE Regional Office shall exhaust all conciliation and mediation efforts before
a decision shall be rendered.

Ordinary crimes or offenses committed under the Revised Penal Code and
other special penal laws by either party shall be filed with the regular courts

SEC. 20. Protection of Caregiver Hired Through PEAs, ~ The Secretary
of Labor and Employment shall, through a system of licensing and regulation,
ensure the protection of the caregivers hired through PEAs.

The PEAs shall be jointly and severally liable with the employer for all
wages, wage-related benefits, and other benefits due to the caregiver

‘The provisions of the Labor Code of the Philippines on the qualifications of
the PEAs with regards to nationality, net worth, owners and officers, office space
and other requirements, as well as the non-transferability of license and the
commission of prohibited practices, shall apply.

SEC. 21. Responsibilities of the PEAs. — In addition, the PEAs shall
have the following responsibilities:

(a) Ensure that the caregivers are not charged or levied any recruitment or

placement fees;


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(b)Ensure that the employment agreement between the caregiver and the
employer stipulates the terms and conditions of employment and all the benefits
prescribed by this Act;

(c) Provide a preemployment orientation briefing to the caregiver and the
employer about their rights and responsibilities in accordance with this Act;

(d)Keep copies of employment contracts and agreements pertaining to
recruited caregivers which shall be made ayailable during inspections or
whenever required by the DOLE;

(e) Assist caregivers with respect to complaints or grievances against their
employers; and

(f) Cooperate with government agencies in rescue operations involving
abused or exploited caregivers.

SEC. 22 Implementing Rules and Regulations, ~ Within sixty (60) days
from the effectivity of this Act, the Secretary of Labor and Employment shall, in
coordination with the Director General of the TESDA, promulgate the necessary
rules and regulations for the effective implementation of this Act.

SEC. 23 Separability Clause. ~ If any provision or part of this Act is
declared invalid or unconstitutional, the remaining parts or provisions not affected
shall remain in full force and effect.

SEC. 24. Repealing Clause. ~ All laws, decrees, orders, rules and
regulations and other issuances or parts thereof which are inconsistent with the
provisions of this Act are hereby repealed or amended accordingly,

SEC. 25. Effectivity. — This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in two (2) national newspapers of general

circulation,

Approved,