EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
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S E N A T E
B. No. 1089
Introduced by Senator SONNY ANGARA
AN ACT
INSTITUTING POLICIES FOR THE PROTECTION AND 
CAREGIVERS IN THE PRACTICE OF THEIR PROFESSION
WELFARE OF
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 sought.
SONNY ANGARA


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
:» •; I
£•*; " ■, f  ■■ »*
•19 
OC T-1 
P 4 S 4
S E N A T E
S. B. No. 1089
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 o f Representatives o f the Philippines in 
Congress assembled:
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Section 1. Short Title. -  This Act shall be known as the "Caregivers Welfare
A ct"
Sec. 2. Declaration o f 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 o f 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
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partnership, association, corporation or entity licensed to engage in the
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recruiting and placement of caregivers for local employment.
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Sec. 4. Employment Contract. -  An employment contract shall be executed by
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and between the caregiver and the employer before the commencement of the service
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in a language or dialect understood by both parties. A copy of the duly signed and
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notarized employment contract shall be given to the caregiver which shall include the
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following;
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a) 
Duties and responsibilities of the caregiver;
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b) 
Period of employment;
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c) 
Compensation;
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d) 
Authorized deductions;
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e) 
Hours of work and proportionate additional payment or overtime pay;
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f) 
Rest days and allowable leaves;
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g) 
Board, lodging and medical attention;
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h) 
Other benefits as stipulated under Section 12 of this Act;
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i) 
Termination of employment; and
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j) 
Any other lawful condition agreed upon by both parties.
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The DOLE shall develop a model employment contract for caregivers which
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shall be made available at all times post on website, free of charge to caregivers,
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employers, and the general public.
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In case where the employment of the caregiver is facilitated through a private
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employment agency, the PEA shall keep a copy of all employment contracts of their
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caregivers which shall be made available for verification and inspection by the DOLE.
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Sec. 5. Pre-employment Requirements. -  Prior to the execution of the
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employment contract, the employer may require the following:
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a) 
Caregiver's training certificate issued by the school or institution accredited by
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the Technical Education and Skills Development Authority (TESDA);
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b) 
Medical certificate or health certificate issued by a local government health
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officer; and
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c) 
National Bureau of Investigation (NBI) or police clearance.


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Sec. 6. Duties o f 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;
b) 
Help clients with their daily activities and mobility restrictions;
c) 
Provide some basic health-related services, such as checking a client's pulse 
rate, temperature and respiration rate;
d) 
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
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Other tasks directly related to the needs of the clients.
Sec. 7. Hours o f Work. -  The caregiver's working hours shall be based on the 
employment contract signed by the parties and in accordance with 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 wage in the region.
Sec. 9. Payment o f 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 o f 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.


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Sec. 10. Pay Slip. -  The employer shall at all times provide the caregiver with
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a copy of the payslip containing the amount paid in cash every pay day, and indicating
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all deductions made, if any. A copy of the payslip shall be kept by the employer for a
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period of three (3) years.
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Sec. 11. Leave Benefits. -  A caregiver who has rendered at least one (1) year
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of service shall be entitled to an annual service incentive leave of at least five (5) days
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with pay. Any unused portion of the annual leave shall be cumulative or carried over
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to the succeeding years. Unused leaves shall be convertible to cash.
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Sec. 12. Other Benefits. -  A caregiver shall be covered by the Social Security
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System (SSS), the Philippine Health Insurance Corporation (PhilHealth), and the Home
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Development Mutual Fund (Pag-Ibig), and shall be entitled to all benefits in
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accordance with the pertinent provisions of law. The effective date of coverage shall
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be on the first day of employment.
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Sec. 13. Non-Diminution o f Benefits. -  All existing arrangements between a
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caregiver and the employer shall be adjusted to conform to the minimum standards
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set by this Act. Nothing in this Act shall be construed to cause the diminution or
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substitution of any benefit or privilege currently enjoyed by the caregiver hired directly
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or through a PEA.
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Sec. 14. Basic Necessities. -  The employer of a household-based caregiver shall
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provide for basic necessities which shall include at least three (3) adequate meals a
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day, and humane sleeping arrangement. The employer shall also provide appropriate
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rest periods, and assistance in case of illnesses and injuries sustained during the
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exercise of the caregiver's duties and responsibilities without loss of benefits.
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Sec. 15. Privileged Information. -  AW information and communication pertaining
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to the patient or employer or members of the household shall be treated as privileged
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and confidential, and shall not be publicly disclosed by the caregiver during and after
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employment.
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Sec. 16. Termination o f Service. -  Neither the caregiver nor the employer may
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terminate the contract before the expiration of the term except for grounds provided
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for in Sections 17 and 18 of this Act. If the caregiver is unjustly dismissed, the
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caregiver shall be paid the compensation already earned plus the equivalent of fifteen
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(15) days of work by way of indemnity. The caregiver and the employer may mutually


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agree upon written notice to pre-terminate the contract of employment to end the
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employment relationship.
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Sec. 17. Termination o f Contract by the Caregiver. -  A caregiver may terminate
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the employment relationship at any time before the expiration of the contract for any
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of the following reasons:
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a) 
Verbal or emotional abuse by the employer, client or any member of the
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household;
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b) 
Inhumane treatment including physical abuse against the caregiver by the
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employer, client or any member of the household;
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c) 
Commission of a crime or offense against the caregiver by the employer, client
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or any member of the household;
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d) 
Violation of the terms and conditions of the employment contract by the
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employer; and
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e) 
Other causes analogous to the foregoing.
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Sec. 18. Termination o f Contract by the Employer. -  The employer may
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terminate the services of the caregiver at any time before the expiration of the
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contract for any of the following causes:
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a) 
Misconduct or wilful disobedience by the caregiver of the lawful order of the
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employer in connection with the former's work;
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b) 
Gross or habitual neglect or insufficiency in the performance of duties;
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c) 
Fraud or wilful breach of the trust reposed by the employer;
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d) 
Commission of crime of offense by the caregiver against the person of the
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employer, client or any immediate member of the employer's family;
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e) 
Violation of the terms and conditions of the employment contract by the
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caregiver; and
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f) 
Other causes analogous to the foregoing.
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Sec. 19. Settlement o f Disputes. -  All labor-related disputes shall be elevated
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to the DOLE Regional Office and/or the National Labor Relations Commission (NLRC)
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having jurisdiction over the workplace without prejudice to the filing of civil or criminal
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action in appropriate cases. The DOLE Regional office shall exhaust all conciliation
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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
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special penal laws by either party shall be filed with the regular courts.
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Sec. 20. Protection o f Caregiver Hires through PEAs. -  The Secretary of Labor
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and Employment shall, through a system of licensing and regulation, ensure the
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protection of the caregivers hired through PEAs.
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The PEAs shall be jointly and severally liable with the employer for all wages,
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wage-related benefits, and other benefits due to the caregiver.
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The provision of the Labor Code of the Philippines on the qualifications of a
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PEA with regards to nationality, net worth, owners and officers, office space, and
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other requirements, as well as non-transferability of license, and commissions of
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prohibited practices shall apply.
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Sec. 21. Responsibilities o f PEAs. -  In addition, the PEAs shall have the
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following responsibilities:
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a) 
Ensure that the caregivers are not charged or levied any recruitment or
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placement fess whatsoever;
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b) 
Ensure that the employment contract between the caregiver and the employer
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stipulates the terms and conditions of employment and all the benefits
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prescribed by this Act;
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c) 
Provide a pre-employment orientation briefing to the caregiver and the
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employer about their rights and responsibilities in accordance with this Act;
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d) 
Keep copies of employment contracts pertaining to recruited caregivers which
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shall be made available during inspections or whenever required by the DOLE;
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e) 
Assist caregivers with respect to complaints or grievances against their
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employers; and
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f) 
Cooperate with government agencies in rescue operations involving abused or
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exploited caregivers.
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Sec. 22. Implementing Rules and Regulations. -  Within sixty (60) days from
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the effectivity of this Act, the Secretary of Labor and Employment shall, in coordination
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with the Director General of the TESDA, promulgate the necessary rules and
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regulations for the effective implementation of this Act.


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Sec. 23. Separability Clause. -  If any portion or provision o f this Act is
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subsequently declared invalid or unconstitutional, other provisions hereof which are
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not affected thereby shall remain in full force and effect.
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Sec. 24. Repealing Clause. -  All other laws, acts, presidential decrees, executive
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orders, presidential proclamations, issuances, rules and regulations, or parts thereof
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which are contrary to or inconsistent with any of the provisions o f this Act are hereby
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repealed, amended, or modified accordingly.
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Sec. 25. Effectivity. -  This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in a newspaper of general circulation.
Approved,