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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
1st Regular Session 
House Bill No. ________ 
Introduced by Representatives ERIC G. YAP, EDVIC G. YAP, JOCELYN P. 
TULFO, RALPH TULFO, and JEFFREY SORIANO 
EXPLANATORY NOTE 
In the Philippines, the demand for long-term care services is increasing rapidly 
through the years. This rapid increase in demand is due to the aging population and 
additional medical needs of some individuals, especially the elderly. With this, public 
interest in programs to protect and ensure the quality of life of these workers has 
increased and must be prioritized.  
As defined by the Technical Education and Skills Development Authority (TESDA), 
caregivers are hired and employed to meet the physical and psychological needs of 
infants, children, or dependents whose health is compromised by old age, illness, 
mental health disorder, etc. - disabilities that affect the daily life of a person both inside 
and outside their home. 
This bill seeks to advance and safeguard the welfare and working circumstances of 
caregivers across the nation. This will put in place policies protecting caregivers from 
abuse, harassment, and violence while allowing them to deliver the best and most 
necessary care possible for the family or home they are caring for. 
In view of the foregoing, approval of this bill is earnestly sought. 
ERIC G. YAP 
EDVIC G. YAP 
          JOCELYN P. TULFO 
JEFFREY SORIANO 
RALPH TULFO 
August 1, 2022
2:33 pm
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
1st Regular Session 
House Bill No. ________ 
Introduced by Representatives ERIC G. YAP, EDVIC G. YAP, JOCELYN P. 
TULFO, RALPH TULFO, and JEFFREY SORIANO 
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 "Caregivers Welfare Act." 
SEC. 2. Declaration of Policy. - It is 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 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 caregivers towards 
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, corporation or entity accredited
and licensed by the Department of Labor and Employment (DOLE) to
engage in the recruitment and placement of caregivers for local
employment.
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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;
c.
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 shall develop a model employment contract for caregivers which 
shall be made available at all times, free of charge to caregivers, employers and the 
general public. 
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 its 
caregivers which shall 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 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 the client's
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;
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;


 
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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 where they are employed. 
 
 
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 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 benefit or privilege currently enjoyed by the caregiver hired 
directly or through a PEA. 
 
 
SEC. 14. Basic Necessities. - The employer of a household-based caregiver shall 
provide for the basic necessities which shall include at least three (3) adequate meals 
a day, and humane sleeping arrangement. The employer shall also provide 
appropriate periods, and assistance in case of illnesses and injuries sustained during 
the exercise of the caregiver's duties and responsibilities without loss of benefits. 


 
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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, the caregiver 
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 for 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; 
d. 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; 
e. 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 or the National Labor Relations Commission 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.  


 
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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 in 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. 
 
 
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. 
 


 
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SEC. 25. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation. 
 
 
Approved,