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

NINETEENTH CONGRESS
First Regular Session

Introduced by HON, JOSEPHINE VERONIQUE “Jaye” R. LACSON - NOEL.
and HON. FLORENCIO GABRIEL G. NOEL

EXPLANATORY NOTE.

Section 11 of Article XIII of the 1987 Constitution states that: “the State shall adopt an integrated
and comprehensive approach to health development which shall endeavor to make essential
goods, health and other social services available to all the people at affordable cost, There shall
be priority for the needs of the underprivileged sick, elderly, disabled, women, and children. The
State shall endeavor to provide free medical care to paupers.” In order for the government to
fully uphold this state policy, it is required that doctors, nurses and other hospital personnel
require assistance from caregivers in order for patients to swiftly bounce back to recovery

One of the biggest responsibilities of a caregiver is to assist a person with personal care. This
might include bathing, grooming, dressing, going to the toilet, mobility assistance, and over-all
personal supervision. More than being a caregiver, they are required to be a very reliable and
efficient companion to every aspect of life including health, emotional, physical, and personal

matters.!

These challenging prerequisites, most often than not, are overlooked. They are not sufficiently
paid resulting to their decision to try their luck overseas. The Philippines has become a major
source country of domestic care and healthcare workers, sending them to the Middle East, North
America, Asia, and Europe. From 2010 to 2014 nurses and caregivers were the top workers
deployed to USA, Europe, Canada and Spain. in light of an ageing worldwide population, an
increase in demand for domestic and international caregivers is anticipated. Aside from the
traditional markets such as the United States and Canada, rising demand is felt in Europe
(Spain); the Middle East (Israel, Bahrain, and Saudi Arabia); and Asia (Japan, the Republic of

Korea). ?

' https://aginginplace.org/caregiver-responsibilities-list-caring-for-my-parents/
2 https://www.eria.org/uploads/media/Books/20211-Coping-with-Rapid-Population-Ageing-Asia/
16_Part2-Ch-4-Philippines-Care-Workers.pdf



Today, in the United States, there are more than one in five Americans (21.3 percent) are
caregivers, having provided care to an adult or child with special needs at some time in the past
12 months. This totals an estimated 53.0 million adults in the United States, up from the
estimated 43.5 million caregivers in 2015. > The Department of Labor and Employment through
its website posted job vacancies for home-based caregivers while other regions of the same

agency posted the need for caregivers overseas.
To recognize the role of caregivers in national development, this bill seek to safeguard the

welfare of caregivers, advance the profession through the institution of guidelines and policies to

enable them to achieve their full potential.

IN VIEW OF THE FOREGO!

approval of this bill is earnestly sought.

JOSEPHINE VERONIQUE YWayé” R. LACSON - NOEL
Lone District, Malabon City

FLORENCIO GABRIEL G. NOEL
An Waray Party-list

2 https://www aarp.org/ppi/info-2020/caregiving-in-the-united-states. html
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House Bili No. 3694

Introduced by HON. JOSEPHINE VERONIQUE “Jaye” R. LACSON - NOEL
and HON. FLORENCIO GABRIEL G. NOEL

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

Be it enacted by the Senate and the 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;

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

ate

4) Private Employment Agency (PEA) refers to any individual, legiti
partnership, association or organization accredited and licensed by the Department
of Labor and Employment (DOLE), 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 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) Termination of employment; and

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

The DOLE shail develop a model employment contract for caregivers which shall be
made available at all times, free of charge to caregivers, employers and the general publi

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.

Prior to the execution of the employment

SEC. 5, Pre-employment Requirements.
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 focal government health officer:
and

¢) National Bureau of Investigation (NB) or police clearance.

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

impairment or
ies, and other

a) Provide personal care support and assistance to clients with physic:
disabilities in private homes, nursing or geriatric care faci
residential settings:

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

¢) 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;

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


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

4g) Assist in housekeeping tasks within the clients’ 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 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.

SEC. 8. Minimum Wage. - The minimum Wage of a caregiver shall not be less than the
applicable minimum 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 notes, 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 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 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,
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.

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 benefits and
privileges currently enjoyed by the caregiver hired directly or through a PEA.

SEC. 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 illnesses and injuries sustained during the exercise of the caregiver's duties and
responsibilities without loss of benefits.

SEC. 15. Privileged Information. - Al! 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 eamed 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.

SEC. 17. Termination of Contract by the Care;
employment relationship at any time before the expi
following reasons:

er. - A caregiver may terminate the
jon of the contract for any of the

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) c) Commission of a crime or offense against the caregiver by the employer, client
or any member of the household:

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

@) ¢) 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:
) 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:

@) 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

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 2 ransferability of license and commission of prohibited practices shall apply.

ties of the PEAs. - In addition, the PEAs shall have the following

SEC. 21. Responsil
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;

¢) 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;

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

f) Cooperate with government agencies in rescue operations involving abused or
exploited caregi

ers.

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 mies 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 publi
the Official Gazette or in two (2) national newspapers of general circulation.

Approved,