Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _______ 
INTRODUCED BY REP. PM VARGAS 
AN ACT 
PROVIDING FOR THE MAGNA CARTA OF CAREGIVERS, INSTITUTING 
POLICIES FOR THE PROTECTION AND WELFARE OF CAREGIVERS IN 
THE PRACTICE OF THEIR PROFESSION 
EXPLANATORY NOTE 
Filipinos are known to be the best caregivers in the world because of 
our values and compassion, especially to elders. For many, Filipino migrants, 
being a caregiver has become a lifeline for their family’s livelihood and 
survival.  
A “caregiver” refers to a paid or employed person who regularly attends 
to the physical and psychological needs of an infant, child or dependent adult 
who is disabled or whose health is impaired by old age, diseases, mental 
disorder, and other disabilities particularly with their activities of daily living 
whether outside or within their home. 
Because of the growing demand for caregiving services, nationally as 
well as overseas, there is need to put in place national policies concerning 
professional and responsible caregiving in the Philippines. 
While the government has mandated Technical Education and Skills 
Development Authority (TESDA) to require all caregiving schools in the 
country to register caregiving programs to ensure that trainees are well-
equipped with the competitive knowledge and skills as caregivers, it is also 
essential for the government to safeguard the caregivers’ welfare once 
employed. 
August 1, 2022
8:15 am
2791


2 
 
In many instances, local or overseas, there have been unjust treatment 
of Filipino caregivers by their employers. In recognition of their vital role in 
national development, policies in the practice of this profession must be 
instituted to protect their rights and promote welfare towards a decent 
employment. 
 
Each caregiver employed must be protected against abuse, harassment, 
and violence. These proposed policies must be enacted into law to maintain 
excellent and globally competitive standards for the professional services of 
Filipino caregivers. 
 
In view of the foregoing, immediate passage of this bill is earnestly 
sought. 
 
 
 
 
 
REP. PM VARGAS   
 
Fifth District, Quezon City 
 
 
 
 


Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _______ 
INTRODUCED BY REP. PM VARGAS 
AN ACT 
PROVIDING FOR THE MAGNA CARTA OF CAREGIVERS, 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 “Magna Carta of 
Caregivers Act”. 
SECTION 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 decent employment and income and adheres to a policy of protecting 
caregivers against abuse, harassment, violence, and economic exploitation. 
SECTION 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;
2791


4 
 
 
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, association or organization accredited and licensed to 
engage in the recruiting and placement of caregivers for local 
employment. 
 
SECTION 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 or overtime pay; 
 
f) Rest days and allowable leaves; 
 
g) Board, lodging and medical attention; 
 
h) Termination of employment; and 
 
i) 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, free of charge to caregivers, employer and 
the general public. 
 
In case where the employment of the caregiver is facilitated through a price 
employment agency, the PEA shall keep a copy of all employment contracts of 
their caregivers which be made available for verification and inspection by the 
DOLE. 
 


5 
 
SECTION 5. Pre-employment Requirements. – Prior to the execution of the 
employment contract, the employer may require the following: 
 
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) National Bureau of Investigation (NBI) or police clearance. 
 
SECTION 6. Duties of the Caregivers. -The caregivers 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; 
 
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, 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 clients’ room; 
 
h) Prepare meals for clients; and 
 
i) Other tasks directly related to the needs of the clients. 
 
SECTION 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. A caregiver shall have an eight (8) hour 
work shift, beyond which the mandatory overtime pay shall be applied. 


6 
 
 
SECTION 8. Minimum Wage. – The minimum wage of a caregiver shall not 
be less than the applicable minimum wage in the region. 
 
SECTION 9. Payment of Wages. – Wages shall be pain 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 the 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 
by law. 
 
Caregivers are also entitled to a thirteenth month pay as provided for by the 
law. 
 
SECTION 10. 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 there be any. A copy of the pay slip shall 
be kept by the employer for period of three (3) years. 
 
SECTION 11. Leave Benefits. – A caregiver who has rendered at least one (l) 
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. 
 
SECTION 12. Other Benefits. – A caregiver shall be covered by the Social 
Security System, the Philippine Health Insurance Corporation or PhilHealth, 
and the Home Development Mutual Fund or Pag-IBIG and shall be entitled to 
all the benefits in accordance with the pertinent provisions provided by law. 
The effective date of coverage shall be on the first day of employment. 
 
d) Commission of a crime or offense against the caregiver by the employer, 
client or any member of the household; 
 
e) Violation of the terms and conditions of the employment contract by the 
employer; and 
 
f) Other causes analogous to the foregoing. 
 
SECTION 13. Non-Diminution of Benefits. – All existing arrangements 
between a caregiver and the employer shall be adjusted to conform to the 


7 
 
minimum standards set by this Act. 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. 
 
SECTION 14. Basic Necessities. -For the household-based caregiver, 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 illness and 
injuries sustained during the exercise of the caregiver’s duties and 
responsibilities without loss of benefits. 
 
SECTION 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. ‘ 
 
SECTION 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, he/ she shall be paid the compensation already earned 
plus the equivalent of fifteen (15) days 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. 
 
SECTION 17. Termination of Contract by the Caregiver. – A caregiver may 
terminate the employment relationship at any time before the expiration of 
the contract of 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 by the employer, client 
or any member of the household; 
 
The PEAS shall be jointly 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 non-transferability of license and 
commission of prohibited practices shall apply. 
 


8 
 
SECTION 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 or 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 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; and 
 
f) Other causes analogous to the foregoing. 
 
SECTION 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 the civil or criminal action in appropriate cases. The DOLE 
Regional Office shall exhaust all conciliation and mediation efforts before a 
decision shall be rendered. 
 
SECTION 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. 
 
SECTION 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 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; 


9 
 
 
d) Keep copies of employment contracts pertaining to recruited caregivers 
which shall be made available during inspections or whenever required 
by DOLE; 
 
e) Assist caregivers with respect to complaints or grievances against their 
employers; and 
 
f) Cooperate with government in rescue operation involving abused or 
exploited caregivers. 
 
SECTION 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 
and the necessary rules and regulations for the effective implementation of 
this Act. 
 
SECTION 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. 
 
SECTION 24. Non-Impairment Clause. – Nothing in this Act shall be 
construed as to diminish, impair, or repeal rights recognized, granted, or 
made available to disadvantaged, marginalized, or specific sectors under 
existing laws. 
 
SECTION 25. Repealing Clause. – All laws, decrees, orders, rules and 
regulations and other issuances or parts thereof which are inconsistent with 
the provisions of this Ad are hereby repealed or amended accordingly. 
 
SECTION 26. Effectivity. – This Act shall take effect fifteen (15) days after 
its publication in Official Gazette or in two (2) national newspapers of general 
circulation. 
 
Approved,