Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL No. _______ 
---------------------------------------------------------------------------------------------------------------- 
Introduced by HONORABLE ERNESTO “ERNIX” M. DIONISIO, JR. 
---------------------------------------------------------------------------------------------------------------- 
AN ACT  
INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF CAREGIVERS IN 
THE PRACTICE OF THEIR PROFESSION 
EXPLANATORY NOTE 
Currently, there is a growing demand for services of Filipinos in health and care 
services, not only abroad but also here in the Philippines itself. One of these services that are 
in demand are the services performed by our caregivers. The demand for caregivers may be 
attributed to the aging population of the world, hence there is more demand for domestic and 
international caregivers1. 
The Technical Education and Skills Development Authority (TESDA) defined caregiver 
as a person who provides, without supervision, in a private household in which the person 
resides, children, senior home support care, or care of the disabled2. 
The 1987 Constitution provides3 that: 
The State affirms labor as a primary social economic force. It shall 
protect the rights of workers and promote their welfare. 
It is the duty of the State to protect the rights of the workers and promote their welfare. 
There are numerous incidents involving abuse inflicted upon caregivers by their employers or 
even their wards. These instances of abuse does not only occur abroad but also here in the 
Philippines.  
This bill aims to set forth rules and regulations with regard to the protection and 
safeguarding of the welfare and the working conditions of caregivers across the nation. This 
bill seeks to provide policies that will protect caregivers from violence, harassment and other 
forms of  abuse. Given that there are a large number of caregivers in the Philippines and that 
there are a lot of reports of abuse committed against them, the immediate passage of this bill 
is necessary. 
1 The Philippine Health and Care Workforce in an Aging World, de la Vega, et. al., June 2021. 
2 Caregivers: Special Breed of Health Workers at https://www.tesda.gov.ph/About/TESDA/67 (last 
accessed on September 27, 2022).  
3 Article II, Section 17, 1987 Constitution. 
October 6, 2022
2:22 pm
5442




Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL No. _______ 
---------------------------------------------------------------------------------------------------------------- 
Introduced by HONORABLE ERNESTO “ERNIX” M. DIONISIO, JR. 
---------------------------------------------------------------------------------------------------------------- 
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 Protection 
Act.” 
Section 2. Declaration of Policy. - It is hereby the declared policy of the State 
to recognize the role of caregivers as essential health workers, and their contribution 
in national development. Towards this end, the State shall recognize the need to 
protect the rights of caregivers towards decent employment and income, and adhere 
to a policy of protecting caregivers against abuse, harassment, violence and economic 
exploitation. 
Section 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 the 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.
5442


 
Section 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 day 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 time, 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. 
 
 
Section 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 certificates issued by a local government 
health officer; and 
c. National Bureau of Investigation (NBI) or police clearance; 
 
 
Section 6. Duties of Caregivers. - The caregiver may provide any of the 
following services: 
 
a. Ensure that the employer is provided and informed of his/her 
qualifications and provide proof thereof; 
b. Provide personal care support and assistance to clients with physical 
impairment or disabilities in private homes, nursing or geriatic care 
facilities, and other residential settings; 
c. Help clients with their daily activities and mobility restrictions; 
d. Provide some basic health-related services, such as checking the 
client’s pulse rate, temperature and respiration rate; 
e. 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; 
f. Advise clients and their families on cleanliness and household tasks; 
g. Accompany clients to appointments with doctors or on other errands; 
h. Assist in housekeeping tasks within the client’s room; 


i. Prepare food for clients; and 
j. Other tasks directly related to the needs of the clients. 
 
 
Section 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. 
 
Section 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. 
 
 
Section 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 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 thirteenth month pay as provided for by law. 
 
 
Section 10. Pay Slip.- The employer shall at all times provide the caregiver 
with a copy of the pay slip containing the amount paid in case 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. 
 
 
Section 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. 
 
 
Section 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. 
 
 
Section 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. 
 
 
Section 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. 
 


 
Section 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.  
 
 
The employer may indicate in the employment contract of the caregiver the 
corresponding consequences for divulging privileged information pertaining to the 
patient, employer, or members of the household.  
 
 
Section 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 Section 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. 
 
 
Section 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. 
 
 
Section 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. 
 
 
Section 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. 


 
 
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. 
 
 
Section 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 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 regard 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. 
 
 
Section 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. 
 
 
Section  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. 
 
 
Section  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. 
 
 
Section  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. 
 
 
Section 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,