Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

|ETEENTH CONGRESS
First Regular Session

227

House Bill No.

Introduced by Representative GERALD!

B. ROMAN

EXPLANATORY NOTE

This bill seeks to institute policies for the protection and welfare of caregivers in

the Philippines

A “caregiver” refers to a paid or employed person who takes care or attends to
the physical and psychological needs of an infant, child or dependent adult who is
disabled or whose health is impaired by sickness or old age particularly with their

activities of daily living whether outside or within their home.

Professional and responsive care giving is very vital to medically and physically
challenged individuals. The country’s aging population, the increase in the number of
children born with medical issues and prevalent illnesses are the reasons why the

demand for caregiving service continues to rise in the Philippines.

Many countries such as the United States, Canada and those in the Middle East
and Europe and even in Asian countries like Japan and Korea prefer Filipino caregivers

because of their unconditional and genuine care for their clients.

The sudden increase in the popularity of professional caregivers in the

Philippines and abroad has prompted the government to require all caregiving schools in


the country to register their caregiving program with the Technical Education and Skills
Development Authority (TESDA), which is tasked to manage and supervise technical
education and skills development, so that each caregiver who will be working here and
abroad will be equipped with all the skills needed to perform the job properly and
efficiently.

In recognition of the very important role of caregivers in national development,
policies in the practice of the caregiving profession must be instituted to protect the

rights of caregivers and to promote their welfare towards a decent employment.

Caregivers must also be protected against abuse, harassment, violence and economic

exploitation. These proposed policies must also be enacted into law to maintain

excellent and globally competitive standards for the caregiver professional service

In view of the foregoing, immediate passage of this bill is earnestly sought.

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bh 1M.
“ GERALDINE B. ROMAN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session,

227

House Bill No.

Introduced by Representative GERALDINE B. ROMAN

AN ACT
INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF
CAREGIVERS IN THE PRACTICE OF THEIR PROFESSION

Be it enacted by the Senate and the 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. ~ 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 by the Department of Labor and
Employment (DOLE), corporation or entity 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 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;

cc) 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 their 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

©) National Bureau of Investigation (NBI) or police clearance.

SEC. 6. Duties of 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;

¢) Provide some basic health-related services, such as checking the clients’ pulse
rate, temperature and respiration rate:

4) 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;

2) Assist in housekeeping tasks within the clients’ room:

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


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 as 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 shal! 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 Necessi — 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 illnesses 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, 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;

¢) 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 and/or the National Labor Relations Commission (NLRC) 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 shail be rendered.

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

SEC. 25. Effectivity. — This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in two (2) national newspapers of general circulation.

Approved,