Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session

07
HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

EXPLANATORY NOTE

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.

The demand for caregiving services is rising due to the rapid
increase in the number of children being born with medical issues and
prevalent illnesses. Moreover, the results of the 2010 Census of
Population and Housing (CPH) show that of the household population
of 92.1 million, 1.57% Filipinos have a disability! . Hence, there has
been an imperative call for professional and responsible caregiving in
the Philippines. On a global scale, the Filipino culture has known to
provide remarkable hospitality and care. This is why citizens of the
United States, Asia, the Middle East, and many other countries prefer
Filipino caregivers.

The sudden increase in the popularity of caregivers in the
Philippines and abroad has prompted the government to require all
caregiving schools in the country to register caregiving programs to the
Technical Education and Skills Development Authority (TESDA), which
is tasked to manage and supervise their education, training, and skills
development. That being so, TESDA has been well-equipped with these
various programs that provide caregivers with the knowledge and skills

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necessary to perform their duties with modesty and coherence.

In recognition of the vital role of caregivers in national development,
policies in the practice of this profession must be instituted to protect
their rights and promote welfare towards a decent employment.

Furthermore, caregivers 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.
(ALFRED Lise


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session

4207
HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

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 Ad shall be known as the "Caregivers
Welfare Act of 2019".

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;

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.

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 dialled 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;

¢) 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.

Sec. 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.

Sec. 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 r 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;

) 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.


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 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.

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 there be
any. A copy of the pay slip shall be kept by the employer for 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 illness and injuries sustained during the
exercise of the caregiver's duties and responsibilities 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, 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.

Sec. 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) 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;

4) 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 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 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.

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 non-transferability of license and 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 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 DOLE;

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

£) Cooperate with government in rescue operation 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 and 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 Ad are hereby repealed or
amended accordingly.

Sec. 25. 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,