NINETEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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Senate
of ll)f ibrcttmp
a OCT 19 mriA
RECEIVED BY;
S E N AT
S. B. No.1^96
Introduced by Senator Francis "Tol" N. Tolentino
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:
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 caregiving 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.
RANG
TOL" N. TOLENTINO


NINETEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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SEN AT 
S. B. No
% Senate
ot me
'22 OCT 19 WO 24
Introduced by Senator Francis "Tol" N. Tolentino
AN ACT
INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF 
CAREGIVERS IN THE PRACTICE OF THEIR PROFESSION
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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 of2022".
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


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b)
C)
d)
government or is certified competent by that same institution, 
and renders caregiving services as stipulated in Section 6 of this 
Act;
Client refers to a dependent infant, child or adult;
Employer refers to any person who engages and controls 
the services of a caregiver and is a party to the employment 
contract; and
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;
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.


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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
c) 
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;
c) 
Provide some basic health-related services, such as checking
the clients' 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;


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


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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 forth 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 Necessities. - 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. Priviieged 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


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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.


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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 
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 Caregivers 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 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;


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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,