NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
Senate
'i^<P<S>Viiv of tl)e
•22 NOV-2 P2 :04
SENATE
S. No. ^^^40
RECEIVED 8V.
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF 
CAREGIVERS IN THE PRACTICE OF THEIR PROFESSION
EXPLANATORY NOTE
There is a steady demand for Filipinos in the field of caregiving globally. The 
preference of employers for Filipino caregivers stems from qualities such as the high 
respect towards the elderly, close family ties, adaptability, hard work, pakikisama, 
and proficiency in the English language1. In February of this year, the Philippine 
Overseas Employment Administration noted the high demand for Overseas Filipino 
Workers globally, pointing out in particular the United Kingdom's increased demand 
for caregivers and nurses2. Data from the Department of Labor and Employment 
shows that in Taipei alone, the Philippine Overseas Labor Office processed around 
2,400 requests for caretakers and household workers from May to August of this 
year3. This shows the apparent high regard for the Filipino caregivers abroad.
Locally, with the PIDS projection that the country will transition to an aging 
society in 2032, meaning by then, those aged 65 and older would comprise at least
1 Imamura, T., Saito, I. & Miyagi, M. (2010). The Characteristics and Skills of Filipino Caregivers: FOW
as human 
resources 
for work life 
balance in 
Japan (2). Retrieved 
from
https://core.ac.uk/download/pdf/268585065.pdf
2 
Demand 
for OFWs 
increasing, 
says 
POEA (2022, February 12). Retried 
from
https://newsinfo.inquirer.net/1553786/demand-for-ofws-increasing-says-poea
3 Demand for Pinoy caregivers, HSWs still high in Taiwan (2022, August 15). Retried from 
https://www.phiistar.eom/headlines/2022/08/15/2202702/demand-pinoy-caregivers-hsws-still-high- 
taiwan
1


7% of the total population, the demand for caregivers will likely increase4. 
Furthermore, the study said that by 2069 the Philippines would become an aged 
society, with at least 14% of the population aged 65 and older.
According to the World Health Organization, by 2030, 1 in 6 people in the 
world will be aged 60 years and over—amounting to 1 billion in 2020 to 1.4 billion in 
2030. By 2050 the number of those aged 60 years and over will double to 2.1 billion. 
This trend in population ageing started in high-income countries, and is now 
advancing to low- and middle-income countries. By 2050, the WHO projects that 
two-thirds of the world's population aged 60 and above will be residing in low-and 
middle-income countries. In 2020, the number of people aged 60 years and above 
outnumbered children younger than 5 years.
Filipinos have long answered the call to work In the caregiving sector. There is 
a high demand for their services here and abroad, yet they are not given what is 
due them in terms of benefits. Oftentimes caregivers are not given sufficient wages 
on time and subjected to carrying out their tasks beyond work hours. In cognizance 
of the vital work of our caregivers, it is only apt that the government recognize their 
profession to address the lack of employment protection and benefits.
In view of the foregoing, the passage of this bill is earnestly sought.
INGGDY EJERCITO ESTRADA
4 Abrigo, M. R. M., Racelis, R. H., Salans, J. M. L, Herrin, A. N., Ortiz, D. A. P., Tam, Z. C. (2018). Are 
We Missing Out on the Demographic Dividend? Trends and Prospects. Phiiippine Institute for 
Development Studies Discussion Paper Series No. 2018-43. Quezon City, Philippines: PIDS.
2


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
S, No. 1440
-5; Jennie
iBfUcf o( tl)f S^rr etfU'p
*22 NOV -2 P2 «4
RECEIVED BV:
Introduced by Senator Jinggoy Ejercito Estrada
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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 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. - For purposes of this Act, the following terms 
shall mean:
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;


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c. Employer 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 accredited and licensed by the
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Department of Labor and Employment (DOLE), corporation or entity
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licensed to engage in recruiting 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
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the service in a language or dialect understood by both parties. A copy of the
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duly signed employment contract shall be given to the caregiver which shall
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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. 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
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which shall be made available at all times, free of charge to caregivers, employers,
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and the general public.
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In cases where the employment of the caregiver is facilitated through a
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private employment agency, the PEA shall keep a copy of all employment contracts
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of their caregivers which shail be made available for verification and inspection by
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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. 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
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the following 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 in the
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administration of home medications as prescribed by the physician,
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provided that assistance in the administration of intravenous medications
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shall be upon written consent 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 appointments with doctors or on other errands;
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g. Assist in housekeeping tasks within the client's 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
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caregiver to whom they are due once every two (2) weeks or twice a month at the
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intervals not exceeding sixteen (16) days. The employer, unless allowed by the
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caregiver through a written consent, shall make no deductions from the wages other


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than what is mandated by law. No employer shall pay the wages of the caregiver by
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means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object
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other than the cash wage as provided for under the 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
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of service shall be entitled to an annual service incentive leave of at least five (5)
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days with pay. Any unused portion of the annual leave shall be cumulative or carried
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over 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
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Home Development Mutual Fund (HDMF) or Pag-IBIG, and shall be entitled to all the
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benefits in accordance with the pertinent provisions provided by law. The effective
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date of coverage shall be on the first day of employment.
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Sec. 13. Non-Diminution of 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 benefits or privileges currently enjoyed by the caregiver hired
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directly or through a PEA.
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Sec. 14. Basic Necessities. - For the household-based caregiver, the employer
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shall provide for the basic necessities of the caregiver which shall include at least
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three (3) adequate meals a day and humane sleeping arrangement. The employer
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shall also provide appropriate rest periods and assistance in case of illnesses and
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injuries sustained during the exercise of the caregiver's duties and responsibilities
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without loss of benefits.
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Sec. 15. Privileged Information. - All information and communication
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pertaining to the client, employer, or members of the household shall be treated as
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privileged and confidential, and shall not be publicly disclosed by the caregiver
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during and after employment.
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Sec. 16. Termination of Service. - Neither the caregiver nor the employer
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may terminate the contract before the expiration of the term except for grounds
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provided for in Sections 17 and 18 of this Act.
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If the caregiver is unjustly dismissed, the caregiver shall be paid the
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compensation already earned plus the equivalent of fifteen (15) days work by way of
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indemnity. The caregiver and the employer may mutually agree upon written notice
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to pre-terminate the contract of employment to end the employment relationship.
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Sec. 17. Termination of Contract by the Caregiver. - A caregiver may
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terminate the employment relationship at any time before the expiration of the
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contract for any 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. Inhuman 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,
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client, 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 of 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 willful disobedience by the caregiver of the lawful order of
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the 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 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
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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
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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
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criminal action in appropriate cases. The DOLE Regional Office shall exhaust all
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conciliation and mediation efforts before a decision shall be rendered,
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Ordinary crimes or offenses committed under the Revised Penal Code and
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other special penal laws by either party shall be filed with the regular courts,
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Sec, 20, Protection of Caregivers Hired through PEAs. - The Secretary of
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Labor and Employment shall, through a system of licensing and regulation, ensure
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the 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 provisions of the Labor Code of the Philippines on the qualifications of
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PEAs 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 commission of
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prohibited practices shall apply,
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Sec, 21, Responsibilities of the 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 fees whatsoever;
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b. Ensure that the employment contract between the caregiver and the
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employer stipulates the terms and conditions of employment and all the
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benefits 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
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Act;
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d. Keep copies of employment contracts pertaining to recruited caregivers
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which shall be made available during inspections or whenever required by
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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
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abused or 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
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coordination with the Director General of TESDA, promulgate the necessary rules
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and regulations for the effective implementation of this Act.
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Sec. 23. Separability Clause. - If any provision, section, or part of this Act is
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declared unconstitutional or invalid, such judgement shall not affect, invalidate, or
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impair any other provisions, sections, or parts hereof.
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Sec. 24. Repealing Clause. - All laws, decrees, orders, issuances, circulars,
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rules and regulations or parts thereof, which are inconsistent with the provisions of
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this Act are hereby repealed 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 at least two (2) newspapers of general
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circulation.
Approved,