NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
S. No. 2019
23 MAR 20 P3 :19
RECEIVED SV:
Prepared by the Committee on Labor, Employment and Human Resources 
Development with Senators Legarda, Angara, Tolentino, Revilla, Jr., and Estrada as
authors thereof.
1
2
3
4
5
6
7
8 
9
10
11
12
13
14
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 person who renders caregiving services as stipulated 
under Section 7 of this Act and certified by an accredited institution that is 
recognized by the government, to wit:


1 
i. 
any licensed health care professionals registered in Technical
2 
Education and Skills Development Authority (TESDA) as
3 
caregivers;
4 
ii. 
any person duly assessed and certified by the TESDA upon
5 
compliance with any of the following:
6 
1. graduate of a caregiving qualification who achieved the
7 
required competencies;
8 
2. graduate of allied health care courses of an educational and/or
9 
accredited training institution; and,
10 
3. practitioner or any person with prior learning and/or
11 
experience who has undergone competency or portfolio
12 
assessment.
13 
b. Client refers to a newborn, infant, toddlers, preschoolers, school children,
14 
adolescent, adult, elderly, and people with special needs;
15 
c. Employer refevs to any person who engages the services of a caregiver and
16 
is a party to the employment contract; and,
17 
d. Private Employment Agency (PEA) refers to any individual, legitimate
18 
partnership, corporation or entity licensed by the Department of Labor and
19 
Employment (DOLE) to engage in the recruitment and placement of
20 
caregivers for local employment.
21 
Sec. 4. Coverage. - This Act shall apply to caregivers employed in private
22 
homes, nursing or care facilities, and other residential settings.
23 
Sec. 5. Employment Contract - An employment contract shall be executed by
24 
and between the caregiver and the employer before the commencement of the service
25 
in a language or dialect understood by both parties. A copy of the duly signed and
26 
notarized employment contract shall be given to the caregiver which shall include the
27 
following:
28 
a. Duties and responsibilities of the caregiver;
29 
b. Period of employment;
30 
c. Work arrangement;
31 
d. Compensation;
32 
e. Authorized deductions;


1 
f. Hours of work and proportionate additional payment or overtime pay;
2 
g. Rest days and allowable leaves;
3 
h. Board, lodging, and medical attention;
4 
i. Other benefits as stipulated in this Act;
5 
j. Termination of employment; and,
6 
k. Any other lawful condition agreed upon by both parties.
7 
The DOLE shall develop a model employment contract for caregivers which
8 
shall be made available at all times In all its websites, free of charge to caregivers,
9 
employers, and the general public.
10 
In cases where the employment of the caregiver is recruited and placed through
11 
a PEA, a copy of all employment contracts of the caregivers shall be kept by the PEA
12 
and shall be made available for verification and inspection by the DOLE.
13 
Sec. 6. Pre-employment Requirements. - Prior to the execution of the
14 
employment contract, the employer may require the following;
15 
a. National Certificate issued by TESDA;
16 
b. Caregivers training certificate Issued by the TESDA or its accredited school
17 
or training institution, if applicable;
18 
c. Medical certificate or health certificate 
issued by competent authorities;
19 
d. National Bureau of Investigation (NBI) clearance or police clearance; and,
20 
e. Barangay clearance.
21 
Caregivers who are first time job seekers may obtain a copy of medical
22 
certificate or health certificate, and/or NBI or police clearance, free of charge, from
23 
any concerned government offices pursuant to Republic Act No. 11261 or the First
24 
Time Jobseekers Assistance Act.
25 
Sec. 7. Duties of the Caregivers. - The caregiver may provide personal care,
26 
support and assistance to clients in private homes, nursing or care facilities, and other
27 
residential settings including but not limited to the following services:
28 
a. Help clients with their daily activities and mobility restrictions;
29 
b. Provide some basic health-related services, such as checking the client's
30 
vital signs including pulse rate, temperature, respiration rate, blood
31 
pressure and oxygen saturation;


1 
c. Assist clients with simple and safe exercises taught by a duly licensed
2 
rehabilitation science specialist;
3 
d. Assist in the administration of home medications as prescribed by the
4 
physician;
5 
e. Advise clients and their families on cleanliness and household tasks;
6 
f. Accompany clients to appointments with doctors or on other errands;
7 
g. Assist in housekeeping tasks within the client's room;
8 
h. Prepare food for clients; and,
9 
i. Other tasks directly related to the needs of the clients.
10 
Sec. 8. Hours of Work. - The caregiver's working hours shall be based on the
11 
employment contract signed by the parties and in accordance with the labor laws,
12 
rules and regulations. For work beyond eight (8) hours a day, a caregiver shall be
13 
entitled to overtime pay.
14 
Sec. 9. Minimum Wage. - The minimum wage of a caregiver shall not be less
15 
than the applicable minimum wage in the region.
16 
Sec. 10. Payment of Wages. - Wages shall be paid on time directly to the
17 
caregiver to whom they are due once every two (2) weeks or twice a month at the
18 
intervals not exceeding sixteen (16) days. The employer, unless allowed by the
19 
caregiver through a written consent, shall make no deductions from the wages other
20 
than what is mandated by law. No employer shall pay the wages of the caregiver by
21 
means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object
22 
other than the cash wage as provided for under the law.
23 
Sec. 11. Thirteenth Month Pay. - A caregiver who has rendered at least one
24 
(1) month of service is entitled to a thirteenth month pay which shall not be less than
25 
one-twelfth (1/12) of his/her total basic salary earned In a calendar year.
26 
The thirteenth month pay shall be paid not later than December 24 of every
27 
year or upon separation from employment.
28 
Sec. 12. Pay Siip. - The employer shall at all times provide the caregiver with
29 
a copy of the pay slip containing the amount paid In cash every pay day, and indicating
30 
all deductions made, if any. A copy of the pay slip shall be kept by the employer for a
31 
period of three (3) years.


1 
Sec. 13. Leave Benefits. - A caregiver who has rendered at least one (1) year
2 
of service shall be entitled to an annual service incentive leave of at least five (5) days
3 
with pay.
4 
Sec. 14. Other Benefits. - A caregiver shall be covered by the Social Security
5 
System (SSS), the Philippine Health Insurance Corporation (PhilHealth), and the Home
6 
Development Mutual Fund (HDMF) or Pag-IBIG, and shall be entitled to all the benefits
7 
in accordance with the pertinent provisions provided by law. The effective date of
8 
coverage shall be on the first day of employment.
9 
Sec. 15. Non-Diminution of Pay and Benefits. - All existing arrangements
10 
between a caregiver and the employer shall be adjusted to conform to the minimum
11 
standards set by this Act. Nothing In this Act shall be construed to cause the diminution
12 
or substitution of any pay and benefits currently enjoyed by the caregiver hired directly
13 
by the employer or through a PEA.
14 
Sec. 16. Basic Necessities. - The employer shall provide for the basic necessities
15 
of the caregiver, such as, but not limited to the following:
16 
(a) At least three (3) adequate meals a day, taking into consideration the
17 
caregiver's religious beliefs and cultural practices, and humane sleeping
18 
condition that respects the person's privacy for caregivers in live-in, stay-in
19 
work arrangement; and,
20 
(b) Appropriate rest and medical assistance in the form of first-aid medicines, in
21 
case of illness and Injuries sustained during service without loss of benefits.
22 
Sec. 17. Privileged Information. - k\\ information and communication pertaining
23 
to the client, employer, or members of the household shall be treated as privileged
24 
and confidential, and shall not be publicly disclosed by the caregiver at any time during
25 
and after employment without the consent of the said client, employer, or members
26 
of the household, except in a civil case for damages or criminal case for an offense
27 
committed against the caregiver.
28 
Sec. 18. Termination of Service. - Neither the caregiver nor the employer may
29 
terminate the contract before the expiration of the term except for grounds provided
30 
for in Sections 19 and 20 of this Act.
31 
If the caregiver Is unjustly dismissed, the caregiver shall be paid the
32 
compensation already earned plus the equivalent of fifteen (15) days work by way of


1 
indemnity. The caregiver and the employer may mutually agree upon written notice
2 
to pre-terminate the contract of employment to end the employment relationship.
3 
Sec. 19. Termination of Contract by the Caregiver. - A caregiver may terminate
4 
the employment relationship at any time before the expiration of the contract for any
5 
of the following reasons:
6 
a. Verbal or emotional abuse by the employer, client, or any member of the
7 
household;
8 
b. Inhumane treatment including physical abuse against the caregiver by the
9 
employer, client, or any member of the household;
10 
c. Commission of a crime or offense against the caregiver by the employer,
11 
client, or any member of the household;
12 
d. Violation of the terms and conditions of the employment contract by the
13 
employer;
14 
e. The infliction of any disease prejudicial to the health of the caregiver by the
15 
client, the employer, or any member of the household; and,
16 
f. Other causes analogous to the foregoing.
17 
Sec. 20. Termination of Contract by the Empioyer. - The employer may, upon
18 
compliance with the due process requirement, terminate the services of the caregiver
19 
at any time before the expiration of the contract for any of the following causes:
20 
a. Misconduct or willful disobedience by the caregiver of the lawful order of
21 
the employer In connection with the former's work;
22 
b. Gross or habitual neglect or insufficiency in the performance of duties;
23 
c. Fraud or willful breach of the trust reposed by the employer;
24 
d. Commission of crime or offense by the caregiver against the person of the
25 
employer, client, or any immediate member of the employer's family;
26 
e. Violation of the terms and conditions of the employment contract by the
27 
caregiver;
28 
f. The infliction by the caregiver of any disease prejudicial to the health of the
29 
client, the employer, or any member of the household; and,
30 
g. Other causes analogous to the foregoing.
31 
Sec. 21. Settiement of Disputes. - All labor-related disputes shall be filed at the
32 
Regional Office or the appropriate agency, bureau, or office of DOLE having


1 
jurisdiction over the workplace without prejudice to the filing of civil or criminal action
2 
in appropriate cases. The said Regional Office, agency, bureau, or office shall exhaust
3 
all conciliation and mediation efforts before a decision shall be rendered.
4 
Ordinary crimes or offenses committed under the Revised Penal Code (RPC)
5 
and other special penal laws by either party shall be filed with the regular courts.
6 
If efforts at conciliation and mediation fail, and there is no agreement to submit
7 
the case for voluntary arbitration, the dispute shall be filed before the Labor Arbiter
8 
of the National Labor Relations Commission (NLRC) for compulsory arbitration,
9 
pursuant to the Labor Code of the Philippines, as amended.
10 
Sec. 22. Protection of Caregivers Hired through PEAs. - The DOLE Secretary
11 
shall, through a system of licensing and regulation, ensure the protection of the
12 
caregivers hired through PEAs.
13 
The provisions of the Labor Code of the Philippines on the qualifications of PEAs
14 
with regard to nationality, net worth, owners and officers, office space and other
15 
requirements, as well as non-transferability of license and commission of prohibited
16 
practices shall apply.
17 
Sec. 23. Responsibilities of the PEAs. - In addition, the PEAs shall have the
18 
following responsibilities:
19 
a. Ensure that the caregivers are not charged or levied any recruitment or
20 
placement fees whatsoever;
21 
b. Ensure that the employment contract between the caregiver and the
22 
employer stipulates the terms and conditions of employment and all the
23 
benefits prescribed by this Act;
24 
c. Provide a pre-employment orientation briefing to the caregiver and the
25 
employer about their rights and responsibilities In accordance with this Act;
26 
d. Keep copies of employment contracts pertaining to recruited caregivers
27 
which shall be made available during inspections or whenever required by
28 
the DOLE;
29 
e. Assist caregivers with respect to complaints or grievances against their
30 
employers; and,
31 
f. Cooperate with government agencies in rescue operations Involving abused
32 
or exploited caregivers.


1 
Sec. 24. Registry of Certified Caregivers. -TESDA shall maintain a registry of
2 
certified caregivers that shall be made available to the public pursuant to applicable
3 
laws, rules and regulations.
4 
Sec. 25. Penaities. - Any person, school, training institution or assessment
5 
center who shall issue or use a fake certificate, clearance or any other document for
6 
purposes of fulfilling the requirements under this Act or shall in any other manner
7 
commit any act to defeat any provision of this Act shall, upon conviction, be punished
8 
with the penalty for falsification of official document provided under the RPC and/or
9 
other applicable laws.
10 
If the offender is a school, training institution, assessment center or a juridical
11 
person, the penalty shall be imposed upon the president, treasurer or secretary or any
12 
officer responsible for the violation. In addition to the penalty provided herein, to the
13 
extent applicable, the offender shall suffer the revocation of license and/or certificate
14 
to operate or certificate of accreditation.
15 
Sec. 26. Impiementing Ruies and Reguiations. - Within one hundred and
16 
twenty (120) days from the effectivity of this Act, the DOLE Secretary shall, in
17 
coordination with the TESDA Director General and other concerned agencies,
18 
promulgate the necessary rules and regulations for the effective implementation of
19 
this Act.
20 
Sec. 27. Separabiiity Ciause. - If any provision, section, or part of this Act is
21 
declared unconstitutional or invalid, such judgement shall not affect. Invalidate, or
22 
impair any other provisions, sections, or parts hereof.
23 
Sec. 28. Repeaiing Ciause. - All laws, decrees, orders. Issuances, circulars, rules
24 
and regulations or parts thereof, which are inconsistent with the provisions of this Act
25 
are hereby repealed or modified accordingly.
26 
Sec. 29. Effectivity. - This Act shall take effect fifteen (15) days after its
27 
publication In the Officiai Gazette or in at least two (2) newspapers of general
28 
circulation.
Approved,