Republic of the Philippines
House Or REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

HOUSE BILL NO. 3823

Introduced by Honorable Herminia 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

Bill Drafting Service


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 aud globally competitive standards for the caregiver
professional service.

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

| ae ew

HERMINIA B, ROMAN


Republic of the Philippines
House Or REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

HOUSE BILL NO. 3823

Introduced by Honorable Herminia B. Roman

AN ACT
INSTITUTING POLIC 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 I 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

Bill Drafting Service


SECS; Definition of Terms. — As used in this Act

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 affecting
their activities of daily living whether outside or within their home;

b) Employer refers to any person who engages and control the services
of a caregiver and is a party to the employment contract; and

©) Private employmen’ agency (PEA) refers to any individual, legitimate
partnership, corporation or entity licensed to engaye 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;

c) Compensation;

d) Authorized deductions;

e) Hours of work and proportionate additional payment;


£) Rest days and allowable leaves;
2) Board, lodging and medical attention;

h) Termination of employment; and

i) Any other lawful condition agreed upon by both parties

The Department of Labor and Employment (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!S 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

©) Barangay and police clearance


SEC. 6. Duties of the Caregivers. — The caregiver may provide any of
the following services

a) Provide routine health and personal care support and assistance to
patients with physical impairment or disabilities in private home, nursing care
facilities and other residential settings;

b) Help clients with their daily activities and mobility restrictions to get
out of bed, bathe, dress and prepare;

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

s and assist them with

d) Help clients with simple prescribed exere'
medications administration;

e) Advise families and patients on nutrition, cleanliness and household
tasks;

f) Accompany clients to appointments with doctors or on other errands,

g) Assist in housekeeping and homemaking tasks; and

h) Some other tasks depending on 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. The caregiver shall be entitled to an aggregate daily

rest period of eight (8) hours per day and at least twenty-four (24) hours of rest in a


week. The employer shall respect the preference of the caregiver as to the weekly
rest day when such preference is based on religious grounds

SEC.8. Minimum Wage. ~ The minimum wage of a caregiver shall not
be less than the following:

a) Seven thousand pesos (P7,000.00) a month for those employed in the
National Capital Region (NCR);

b) Five thousand five hundred pesos (P5,500.00) a month for those
employed in chartered cities and first class municipalities; and

c) Four thousand pesos (4,000.00) a month for those employed in other
municipalities.

One (1) year after the effectivity of this Act, and periodically thereafter, the
Regional Tripartite Wages and Productivity Board (RTWPB) shall review and
adjust the minimum wage rates for caregivers.

SEC.9. Payment of Wages. ~ Wages shall be made 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.


They are also entitled to a Thirteenth Month Pay a3 provided for by law,

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 five (5) days
with pay. Any unused portion of the annual leave shall not be cumulative or
carried over to the succeeding years, Unused leaves shall not be convertible to
cash

SEC. 12 Other Benefits. — A caregiver who has rendered at least one (1)

month of service shall be covered by the Social Security S

stem (SSS), the
Philippine Health Insurance Corporation (PhilHealth), end 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

Premium payments or contributions shall be shouldered by the employer,
However, if the caregiver is receiving a wage of Five thousand pesos (P5,000,00)
and above per month, the caregiver shall pay the proportionate share in the

premium payments or contributivns, as provided by law


SEC. 13. Non-Diminution of Benefits. — All existing arrangements
between a caregiver and the employer shall be adjusted t> conform to the minimum
standards set by this Act. The adjustment pertaining to wages shall take effect
immediately after the determination and issuance of the appropriate wage order by
the Regional Tripartite Wages and Productivity Board. 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 Necessities. — 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 illne: and injuries

stained during service 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 Le paid the compensation already earned plus the


equivalent of fifteen (15) days work by way of indemnity. If the caregiver leaves
without justifiable cause, any unpaid salary due not exceeding the equivalent
fifteen (15) days work shall be forfeited. In addition, ihe employer may recover
from the caregiver costs incurred related to the deployment expenses, if any:
Provided, That the service has been terminated within six (6) months from the
caregiver’s employment.

If the duration of the caregiving service is not determined either in

stipulation or by the nature of the service, the employer or the caregiver may give
notice to end the working relationship five (5) days before the intended termination
of the service.

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. — The 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 ot

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 their
duties;

c) Fraud or willful breach of the trust reposed by the employer;

d) Commission of a 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;

f) Any disease prejudicial to the health of the caregiver, the employer, or

members of the household; and

) Other causes analogous to the foregoing.

6%


SEC. 19. Settlement of Disputes. — All labor-related disputes shall be
elevated to the DOLE Regional Office 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

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 comm:
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;


b) Ensure that the empioyment agreement 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 and agreements 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

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 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.

cE


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,