SEVENTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES ) ‘ te
Third Regular Session )
18 QUL31 P4583
SENATE
s.B.No._1900 ke P

Introduced by Senator SONNY ANGARA

AN ACT
INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF
CAREGIVERS IN THE PRACTICE OF THEIR PROFESSION

EXPLANATORY NOTE

Filipinos in the caregiving industry are known for their compassion and
warmth. Apart from their good-natured characteristics, Filipino caregivers are also
well-regarded for their exemplary work-ethic, knowledge and skills, which are all
further enhanced by the various programs of the Technical Education and Skills
Development Authority (TESDA). All these make our caregivers widely accepted and
highly sought out around the world—making them among the country’s many
unsung heroes.

A “caregiver” refers to a paid or employed person, who is a graduate of a
caregiving course from an accredited training institution that is recognized by the
government, and who provides personal care support and assistance to an infant,
child or dependent adult whose health is impaired by sickness or old age.

It is foreseen that the demand for caregiving services in the Philippines would
continue because of the country’s aging population and the increase of Filipinos with
medical concerns and functional limitations. In recognition of the vital work of our
caregivers in nation building, it is only fitting that the government recognize their
profession so that they will be protected from any kind of abuses and maltreatment.



This bill seeks to institute policies for the protection and welfare of caregivers
who are employed and working in the country against harassment, violence and
economic exploitation. Further, the proposed measure enumerates the specific
benefits that are due them, and promotes their welfare towards a decent and safe

working condition.

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

SONNY ANGARA



SEVENTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES ) é
Third Regular Session ) °
18 Wwe31 pase

SENATE

s.B.No, 1900 : if ;

Introduced by Senator SONNY ANGARA

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:

Section 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;

(b) Client refers to a dependent infant, child or 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

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(d) Private employment agency (PEA) refers to any individual, legitimate
partnership, association, corporation or entity licensed to engage in the
recruiting 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 and notarized employment contract shall be given to the caregiver which
shall include the following:

a) Duties and responsibilities of the caregiver;

b) Period of employment;

¢) Compensation;

d) Authorized deductions;

e) Hours of work and proportionate additional payment or overtime pay;

f) Rest days and allowable leaves;

g) Board, lodging and medical attention;

h) Other benefits as stipulated under Section 12 of this Act;

i) Termination of employment; and

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

The DOLE shall develop a model employment contract for caregivers which
shall be made available at all times post on website, 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. Pre-employment Requirements. — Prior to the execution of the
employment contract, the employer may require the following:

a) Caregiver’s 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) National Bureau of Investigation (NBI) or police clearance.

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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 settings;

Help clients with their daily activities and mobility restrictions;
Provide some basic health-related services, such as checking a client's

b)
©)

pulse rate, temperature and respiration rate;
Help clients with simple prescribed exercises, and assist in the
administration of home medications as prescribed by the physician,
provided that assistance in the administration of intravenous medications
shall be upon written consent of the physician;

e) Advise clients and their families on cleanliness and household tasks;

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

g) Assist in housekeeping tasks within the client’s room;

h) Prepare food for clients; and

i) Other tasks directly related to 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 labor laws, rules,

d)

and regulations. A caregiver shall have an eight (8) hour work shift, beyond which
the mandatory overtime pay shall be applied.

Sec. 8. Minimum Wage. — The minimum wage of a caregiver shall not be less
than the applicable wage in the region.

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 note, vouchers, coupons, tokens, tickets, chits or any object
other than the cash wage as provided for under the law.

Caregivers are also entitled to a thirteenth month pay as provided for by law.



Sec. 10. Pay Slip. - The employer shall at all times provide the caregiver with
a copy of the payslip containing the amount paid in cash every pay day, and
indicating all deductions made, if any. A copy of the payslip 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 at least five (5)
days with pay. Any unused portion of the annual leave shall be cumulative or carried
‘over to the succeeding years. Unused leaves shall be convertible to cash.

Sec. 12. Other Benefits. - A caregiver shall be covered by the Social Security
System (SSS), the Philippine Health Insurance Corporation (PhilHealth), and the
Home Development Mutual Fund (Pag-Ibig), and shall be entitled to all benefits in
accordance with the pertinent provisions of law. The effective date of coverage shall
be on the first day of employment.

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. Nothing in this Act shall be construed to cause the diminution or
substitution of any benefit or privilege currently enjoyed by the caregiver hired
directly or through a PEA.

Sec. 14. Basic Necessities. - The employer of a household-based caregiver
shall provide for basic necessities which shall include at least three (3) adequate
meals a day, and humane sleeping arrangement. The employer shall also provide
appropriate rest periods, and assistance in case of illnesses and injuries sustained
during the exercise of the caregiver's duties and responsibilities 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

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fifteen (15) days of work by way of indemnity. The caregiver and the employer may
mutually agree upon written notice to pre-terminate the contract of employment to
end the employment relationship.

Sec. 17. Termination of Contract by the Caregiver. - A 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) Inhumane treatment including physical abuse against the caregiver 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 member 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 wilful 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 wilful breach of the trust reposed by the employer;

d) Commission of crime of 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; and

f) Other causes analogous to the foregoing.

Sec. 19. Settlement of Disputes. — All labor-related disputes shall be elevated
to the DOLE Regional Office and/or the National Labor Relations Commission (NLRC)
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.



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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 Hires 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 provision of the Labor Code of the Philippines on the qualifications of a
PEA with regards to nationality, net worth, owners and officers, office space, and
other requirements, as well as non-transferability of license, and commissions of
prohibited practices shall apply.

Sec. 21. Responsibilities of PEAs. - In addition, the PEAs shall have the
following responsibilities:

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

placement fess whatsoever;

b) Ensure that the employment contract between the caregiver and the

employer stipulates the terms and conditions of employment and all the
benefits prescribed by this Act;

c) Provide a pre-employment orientation briefing to the caregiver and the

employer about their rights and responsibilities in accordance with this
Act;

d) Keep copies of employment contracts pertaining to recruited caregivers
which shall be made available 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.

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Sec. 23. Separability Clause. — If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provisions not otherwise affected
shall remain valid and subsisting.

Sec. 24. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation
contrary to or inconsistent with the provision of this Act is hereby repealed,
modified, or amended accordingly.

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

Approved,