NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
S. No.
SENATE 
828
g3£UafC-
' of tl)C s', ?tai-P
‘22 JUL25 P1 :23
Introduced by Senator Loren B. Legarda
AN ACT
INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE 
OF CAREGIVERS IN THE PRACTICE OF THEIR PROFESSION
EXPLANATORY NOTE
All over the world, Filipinos are praised for their exceptional caregiving 
service. A study by Taiko Immamura and Isamu Saito of Rissho University and 
Mariko Miyagi of Hosei University in Japan found that Filipino caregivers are highly 
sought after because they possess values deeply rooted in culture, such as respect for 
the elderly, close family ties, hard work, and pakikisama.1 These unique traits and 
cultural values are further enhanced by the various programs of the Techmcal 
Education and Skills Development Authority (TESDA).
Even domestically, there is an emergence of caregivers tending to the elderly 
and sick. Based on the Census of Population and Housing conducted in 2020, there 
are 9.5 million Filipinos between the ages of 60 years and above. Together with the 
increase in the number of children born with medical issues and prevalent illnesses, 
the demand for caregivers continues to grow.
https://businessmirror.com.ph/2017/03/01/filipino-caregivers-service-with-a-heart/


In recognition of the vital work of our caregivers in nation-building, it is only 
fitting that the government recognizes their profession in order to protect their rights 
and promote their welfare by ensuring decent and safe working conditions.
This bill, therefore, seeks to institute policies for the protection and welfare of 
caregivers in the Philippines and enumerate the specific benefits that are due to them.
For these reasons, the urgent passage of this bill is earnestly sought.
LOREN LEGARDA


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
S. No.
SENATE 
828
/:-■ Li
(ii l!v‘ ^'vr-
72 JUL25 PI 23
RUCElVEOSt.
Introduced by Senator Loren B. Legarda
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 Republic of the Philippines in 
Congress assembled:
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Section. 1. Short Title. - This Act shall be known as the "Caregivers Welfare Act
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of2022".
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Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to
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recognize the role of caregivers in national development and to institute policies in
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the practice of the profession with the end in view of developing competent caregivers
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whose standards of professional service shall be excellent and globally competitive.
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The State also recognizes the need to protect the rights of the caregivers
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towards decent employment and income and adheres to a policy of safeguarding
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caregivers against abuse, harassment, violence, and economic exploitation.
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Sec. 3. Definition of Terms. - As used in this Act:
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(a) Caregiver refers to a graduate of a caregiving course from an accredited
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training institution that is recognized by the government or is certified
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competent by that same institution and renders caregiving services as
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stipulated in Section 6 of this Act;
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(b) Client refers to a dependent infant, child or adult;
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(c) Employer refers to any person who engages and controls the services of a
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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 or organization, corporation or entity accredited
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and licensed by the Department of Labor and Employment (DOLE) to
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engage in the 
recruitment and placement of caregivers for local
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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
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employment contract shall be given to the caregiver which shall include the 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) Termination of employment; and
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(i) 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, free of charge to caregivers, employers and the
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general public.
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In cases where the employment of the caregiver is facilitated through a PEA,
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the latter shall keep a copy of all employment contracts of its caregivers which shall
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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 employment
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contract, the employer may require the following:
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(a) Caregivers training certificate issued by the school or institution accredited
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by 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 of the Caregivers, - The caregiver may provide any of the following
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services:
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(a) Provide personal care support and assistance to clients with physical
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impairment or disabilities in private homes, nursing or geriatric care
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facilities, and other residential settings;
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(b) Help clients with their daily activities and mobility restrictions;
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(c) Provide some basic health-related services, such as checking the client's
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pulse rate, temperature and respiration rate;
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(d) Help clients with simple prescribed exercises, and assist them with home
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medications as prescribed by the physician, provided that assistance in the
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administration of intravenous medications shall be upon written consent
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of the physician;
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(e) Advise clients and their families on cleanliness and household tasks;
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(f) Accompany clients to medical appointments or on other errands;
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(g) Assist in housekeeping tasks within the clients' room;
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(h) Prepare food for clients; and,
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(i) Other tasks directly related to the needs of the clients.
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Sec. 7. Hours of Work. - The caregiver's working hours shall be based on the
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employment contract signed by the parties and in accordance with the labor laws,
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rules, and regulations. A caregiver shall have an eight (8) hour work shift, beyond
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which the mandatory overtime pay shall be applied.
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Sec. 8. Minimum Wage. - The minimum wage of a caregiver shall not be less
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than the applicable minimum wage in the region.
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Sec. 9. Payment of Wages. - Wages shall be paid on time directly to the caregiver
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to whom they are due once every two (2) weeks or twice a month at the intervals not
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exceeding sbcteen (16) days. The employer, unless allowed by the caregiver through
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written consent, shall make no deductions from the wages other than what is
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mandated by law. No employer shall pay the wages of the caregiver by means of
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promissory notes, vouchers, coupons, tokens, tickets, chits or any object other than
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the cash wage as provided for under the law.
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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 pay slip containing the amount paid in cash every pay day, and
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indicating all deductions made, if any. A copy of the pay slip shall be kept by the
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employer for a period of three (3) years.
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Sec. 11. Leave Benefits. - A caregiver who has rendered at least one (1) year of
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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, Philippine Health Insurance Corporation or PhilHealth, and Home
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Development Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits in
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accordance with the pertinent provisions provided by law. The effective date of
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coverage shall be on the first day of employment.
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Sec. 13. Non-Diminution of Benefits. - All existing arrangements between the
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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
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directly 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 the basic necessities which shall include at least three (3) adequate meals
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a day, and humane sleeping arrangement. The employer shall also provide
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appropriate rest periods, and assistance in case of illnesses and injuries sustained
23 
during the exercise of the caregiver's duties and responsibilities without loss of
24 
benefits.
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Sec. 15. Privileged Information. - All information and communication pertaining
26 
to the patient, 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 at any time
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during and after employment.
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Sec. 16. Termination of 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 caregiver
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shall be paid the compensation already earned plus the equivalent of fifteen (15) days


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work by way of indemnity. The caregiver and the employer may mutually agree upon
2 
written notice to pre-terminate the contract of employment to end the employment
3 
relationship.
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Sec. 17. Termination of Contract hy the Caregiver. - A caregiver may terminate the
5 
employment relationsliip at any time before the expiration of the contract for any of
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the following reasons:
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(a) Verbal or emotional abuse by the employer, client or any member of the
8 
household;
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(b) Inhumane treatment including physical abuse by the employer, client or
10 
any member of the household;
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(c) Commission of a crime or offense against the caregiver by the employer,
12 
client or any member of the household;
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(d) Violation of the terms and conditions of the employment contract by the
14 
employer; and,
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(e) Other causes analogous to the foregoing.
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Sec. 18. Termination of Contract by the Employer. - The employer may terminate
17 
the services of the caregiver at any time before the expiration of the contract for any
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of the following causes:
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(a) Misconduct or willful disobedience by the caregiver of the lawful order of
20 
the employer;
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(b) Gross or habitual neglect or insufficiency in the performance of duties;
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(c) Fraud or willful breach of the trust reposed by the employer;
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(d) Commission of crime or 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
26 
caregiver; and,
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(f) Other causes analogous to the foregoing.
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Sec. 19. Settlement of Disputes. - All labor-related disputes shall be elevated to
29 
the DOLE Regional Office or the National Labor Relations Commission having
30 
jurisdiction over the workplace without prejudice to the filing of civil or criminal
31 
action in appropriate cases. The DOLE Regional Office shall exhaust all conciliation
32 
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 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 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 
the DOLE;
(e) Assist caregivers with respect to complaints or grievances against their 
employers; and,
(f) Cooperate with government agencies on 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.


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Sec. 23. Separability Clause. - If, for any reason, any part, section, or provision of
2 
this Act is declared as unconstitutional or invalid, the other sections or provisions
3 
hereof shall not be affected thereby.
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Sec. 24. Repealing Clause. - All laws, decrees, executive orders, rules and
5 
regulations, issuances, or parts thereof which are inconsistent with the provisions of
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this Act are hereby repealed, amended or modified accordingly.
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Sec. 25. Ejfectivity Clause. - Tlus Act shall take effect fifteen (15) days after its
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complete publication either in the Official Gazette or in at least two (2) newspapers of
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general circulation.
Approved,