Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _______ 
Introduced by Representative Maria Rachel J. Arenas 
AN ACT INSTITUTING POLICIES FOR THE DEVELOPMENT, PROTECTION, 
AND WELFARE OF CAREGIVERS IN THE PRACTICE OF THEIR PROFESSION 
EXPLANATORY NOTE 
A ‘caregiver’ is defined as the person who has responsibility for meeting the physical and 
psychological needs of infant, child or dependent adult. It refers to anyone who provides 
assistance to someone else who is, to some degree incapacitated and needs help. (Gale 
Encyclopedia). A caregiver is also known as a person who renders, without supervision, in a 
private household in which the person resides, child care, senior home support care, or care of 
person with disability. 
Many caregivers often experience a multitude of stressors and distress associated with 
providing care. Often caregivers experience high levels of role overload (RO) and role distress, 
which can result in negative consequences and may affect their caregiving role. RO influences 
the caregiver’s choices as well as the capacity to provide care resulting in decreased quality of 
life (QOL) and, subsequently, an erosion of the quality of care to their care recipients. 
Caregivers who tolerate a high rate of RO face a higher risk of a low QOL compared to caregivers 
who have less RO.  Therefore, caregivers need to maintain a good and well-lived life, physical 
wellness, sound mental health, a good level of independence, active social relations, spirituality 
and free practice of faith. 
This bill seeks to recognize the strategic role of caregivers in national development, 
institute policies and set work standards, professionalize the practices of the profession, protect 
their rights towards decent work, promote gender equality and adhere to policy of protecting 
caregivers against abuse, violence, exploitation and any and all forms of discrimination. 
May 16, 2023
12:00 pm
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In view of the foregoing, the passage of this bill is earnestly sought. 
    MARIA RACHEL J. ARENAS 
 Representative 
 3rd District of the Province of Pangasinan 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _______ 
Introduced by Representative Maria Rachel J. Arenas 
AN ACT INSTITUTING POLICIES FOR THE DEVELOPMENT, 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”. 
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 adheres to the international principles of equal pay for equal work and work of 
equal values and 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, any and all forms of discrimination and economic exploitation. 
SECTION 2. Definition of Terms. – For purposes of this Act, the following terms shall 
mean: 
a.
Caregiver refers to a person who renders caregiving services as stipulated under Section
7 of this Act and certified by an accredited institution that is recognized by the
government, to wit:
i.
any licensed health care professionals registered in Technical Education and
Skills Development Authority (TESDA) as caregivers;
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ii. 
any person duly assessed and certified by the TESDA upon compliance with 
any of the following: 
1. graduate of a caregiving qualification who achieved the required 
competencies; 
2. graduate of allied health care courses of an educational and/or accredited 
training institution; and 
3. practitioner or any person with prior learning and/or experience who has 
undergone competency or portfolio assessment. 
 
b. Client refers to a newborn, infant, toddlers, preschoolers, school children, adolescent, 
adult, elderly, and people with special needs; 
c. Employer refers to any person who engages the services of a caregiver and is a party 
to the employment contract; 
d. Private Employment Agency (PEA) refers to any individual, legitimate partnership, 
corporation or entity licensed by the Department of Labor and Employment (DOLE) 
to engage in the recruitment and placement of caregivers for local employment. 
e. Direct Hire - refers to any person who directly engages the services of a caregiver and 
is party to the contract without having to use PEA; and 
f. Public Employment Service Office - refers to the network of public office which 
facilitates in the recruitment and placement of caregivers for local employment. 
SECTION 4. Coverage. - This Act shall apply to caregivers employed in private homes, 
nursing or care facilities, and other residential settings. 
 
SECTION 5. 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; 
c. Work arrangement; 
d. Compensation; 
e. Authorized deductions; 
f. Hours of work and proportionate additional payment or overtime pay; 
g. Rest days and allowable leaves; 
h. Board, lodging, and medical attention; 
i. Other benefits as stipulated in this Act; 
j. Termination of employment;  
k. Freedom of association and occupational collective bargaining; and 
l. Any other lawful condition agreed upon by both parties. 
The DOLE through the National Tripartite Industrial Peace Council (NTIPC) shall develop 
a model employment contract for caregivers which shall be made available at all times in all its 
websites, free of charge to caregivers, employers, and the general public. 


 
In cases where the employment of the caregiver is recruited and placed through a PEA, a 
copy of all employment contracts of their caregivers shall be kept by the PEA and shall be made 
available for verification and inspection by the DOLE and the NTIPC Monitoring Body. 
 
SECTION 6. Pre-employment Requirements. - Prior to the execution of the employment 
contract, the employer may require the following: 
a. National Certificate issued by TESDA; 
b. Caregivers training certificate issued by the TESDA or its accredited school or training 
institution, if applicable; 
c. Medical certificate or health certificate issued by competent authorities; 
d. National Bureau of Investigation (NBI) clearance or police clearance; and, 
e. Barangay clearance. 
Caregivers who are first time job seekers may obtain a copy of medical certificate or health 
certificate, and/or NBI or police clearance, free of charge, from any concerned government offices 
pursuant to Republic Act No. 11261 or the First Time Jobseekers Assistance Act. 
 
SECTION 7. Duties of the Caregivers. - The caregiver may provide personal care, 
support and assistance to clients in private homes, nursing or care facilities, and other residential 
settings including but not limited to the following services: 
 
a. Help clients with their daily activities and mobility restrictions; 
b. Provide some basic health-related services, such as checking the client’s vital signs 
including pulse rate, temperature, respiration rate, blood pressure and oxygen 
saturation; 
c. Assist clients with simple and safe exercises taught by a duly licensed rehabilitation 
science specialist; 
d. Assist in the administration of home medications as prescribed by the physician; 
e. Advise clients and their families on cleanliness and household tasks; and 
f. Accompany clients to appointments with doctors. 
SECTION 8. 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. For work beyond eight (8) hours a day, a caregiver shall be entitled to overtime pay. 
For night duty caregivers are entitled to night shift differential pay. 
 
SECTION 9. Minimum Wage. - The minimum wage of a caregiver shall not be less than 
the applicable minimum wage in the National Capital Region. 
 
SECTION 10. 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. 


 
SECTION 11. Thirteenth Month Pay. - A caregiver who has rendered at least one (1) 
month of service is entitled to a thirteenth month pay which shall not be less than one-twelfth 
(1/12) of his/her total basic salary earned in a calendar year. 
 
The thirteenth month pay shall be paid not later than December 24 of every year or upon 
separation from employment. 
 
 
SECTION 12. 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. 
 
 
SECTION 13. 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. S/he 
be is also entitled to other leave benefits provided by laws to include but not limited to expanded 
maternity, parental and paternity leave. 
 
 
SECTION 14. 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 (HDMF) 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. 
 
 
SECTION 15. Non-Diminution of Pay and 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 
pay and benefits currently enjoyed by the caregiver hired directly by the employer or through a 
PEA. 
 
 
SECTION 16. Basic Necessities. - The employer shall provide for the basic necessities of 
the caregiver, such as, but not limited to the following: 
 
a. At least three (3) adequate meals a day, taking into consideration the caregiver’s 
religious beliefs and cultural practices and humane sleeping condition that respects the 
person’s privacy for caregivers in live-in, stay-in work arrangement; and, 
b. Appropriate rest and medical assistance in the form of first-aid medicines, in case of 
illness and injuries sustained during service without loss of benefits. 
SECTION 17. Privileged Information. - – All information and communication pertaining 
to the client, employer, or members of the household shall be treated as privileged and confidential, 
and shall not be publicly disclosed by the caregiver at any time during and after employment 
without the consent of the said client, employer, or members of the household, except in a civil 
case for damages or criminal case for an offense committed against the caregiver. 
 


SECTION 18. 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 
19 and 20 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. The caregiver and the 
employer may mutually agree upon written notice to pre-terminate the contract of employment to 
end the employment relationship. 
 
SECTION 19. 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; 
e. The infliction of any disease prejudicial to the health of the caregiver by the client, the 
employer, or any member of the household; and, 
f. Other causes analogous to the foregoing. 
 
SECTION 20. Termination of Contract by the Employer. - The employer may, upon 
compliance with the due process requirement, 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 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; 
f. The infliction by the caregiver of any disease prejudicial to the health of the client, the 
employer, or any member of the household; and, 
g. Other causes analogous to the foregoing. 
 
SECTION 21. Settlement of Disputes. - All labor-related disputes shall be filed to the 
Regional Office or the appropriate agency, bureau, or office of DOLE having jurisdiction over the 
workplace without prejudice to the filing of civil or criminal action in appropriate cases. The said 
Regional Office, agency, bureau, or office shall exhaust all conciliation and mediation efforts 
before a decision shall be rendered. 
 


Ordinary crimes or offenses committed under the Revised Penal Code (RPC) and other 
special penal laws by either party shall be filed with the regular courts. 
 
If efforts at conciliation and mediation fail, and there is no agreement to submit the case 
for voluntary arbitration, the dispute shall be filed before the Labor Arbiter of the National Labor 
Relations Commission (NLRC) for compulsory arbitration, pursuant to the Labor Code, as 
Amended. 
 
SECTION 22. Protection of Caregivers Hired through PEAs. - The DOLE Secretary 
shall, through a system of licensing and regulation, ensure the protection of the caregivers hired 
through PEAs. 
The provisions of the Labor Code of the Philippines on the qualifications of PEAs with 
regard 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. 
 
SECTION 23. 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; 
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, exploited 
and caregivers in distress. 
SECTION 24. Registry of Certified Caregivers. - TESDA shall maintain a registry of  
certified caregivers that shall be made available to the public pursuant to applicable laws, rules 
and regulations. 
 
SECTION 25. Penalties. - Any person, school, training institution or assessment center 
who shall issue or use a fake certificate, clearance or any other document for purposes of fulfilling 
the requirements under this Act or shall in any other manner commit any act to defeat any provision 
of this Act shall, upon conviction, be punished with the penalty for falsification of official 
document provided under the RPC and/or other applicable laws. 
 
If the offender is a school, training institution, assessment center or a juridical person, the 
penalty shall be imposed upon the president, treasurer or secretary or any officer responsible for 
the violation. In addition to the penalty provided herein, to the extent applicable, the offender shall 
suffer the revocation of license and/or certificate to operate or certificate of accreditation. 
 


The One Strike Policy shall be applied to PEA, employer, school, training center, 
assessment and accrediting institution penalizing to the fullest at first instance of proven violation. 
 
SECTION 26. Implementing Rules and Regulations. - Within one hundred and twenty 
(120) days from the effectivity of this Act, the DOLE Secretary shall, through the NTIPC and in 
coordination with the TESDA Director General and TESDA Board and other concerned agencies, 
promulgate the necessary rules and regulations for the effective implementation of this Act. 
 
SECTION 27. Separability Clause. - If any provision, section, or part of this Act is  
declared unconstitutional or invalid, such judgement shall not affect, invalidate, or impair any 
other provisions, sections, or parts hereof. 
 
SECTION 28. Repealing Clause. - All laws, decrees, orders, issuances, circulars, rules 
and regulations or parts thereof, which are inconsistent with the provisions of this Act are hereby 
repealed or modified accordingly. 
 
SECTION 29. Effectivity. – This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in at lease two (2) Newspapers of general circulation. 
 
 
 
Approved,