RECEIVED
Republic of the Philippines pate. 30 JUN 2016

HOUSE OF REPRESENTATIVE re. fae
on Cit 5
Quezon City BY: iL. Gp

SEVENTEENTH CONGRESS)
First Regular Session} BISTRIATION UNIT.

500.

HOUSE BILL NO.

INTRODUCED BY REP. KARLO ALEXEI B. NOGRALES and REP. JERICHO
JONAS B. NOGRALES

EXPLANATORY NOTE

The continued rise of the demand for care giving service in the
Philippines makes it an important national concern. The availability of
professional and responsive care giving must be ensured, especially in the
light of the country's aging population, the increase in the number of children
born with medical issues, and the emergence of new illnesses that require
special supportive care

Corollary to this, the important role of caregivers in national
development must also be recognized, and policies in the practice of the
caregiving profession must be instituted to protect caregivers from abuse and
exploitation

In view of the above, this bill seeks to institute policies to maintain
excellent and globally competitive standards for the caregiver professional
service, and for the protection and welfare of caregivers in the Philippines.

The immediate passage of this bill is earnestly sought

KARLO ALEXEI B. NOGRALES JERICHO HO! Mates

HOUSE °F REPRESENTATIVES:

| BILLS AND INDEX SERVI@E



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 500

INTRODUCED BY REP. KARLO ALEXEI B. NOGRALES and REP. JERICHO
JONAS B. NOGRALES

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
acoredited 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 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

(i) 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:

(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

(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 <leductions
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

SEC. 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 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 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 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 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 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;

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

(f) 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;

(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
fecruited 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

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,