SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 2261 
'14 
MAY 28 P6:1O 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF 
CAREGIVERS IN THE PRACTICE OF THEIR PROFESSION 
EXPLANATORY NOTE 
Care giving is one of the professions where Filipinos excel and are recognized 
the world over. Apart from their passionate and caring nature, their knowledge 
and skills are further enhanced by the various programs provided and required 
by both private institutions and the government, particularly the Technical 
Education and Skills Development Authority (TESDA). 
As a result, many 
countries such as the United States, Canada and those in the Middle East, 
Europe, and Asia prefer Filipino caregivers because of their unconditional and 
g~!1Yin~ ~r~ for th~ir q1i~!1t~, 
In recognition of the role of caregivers in national development, this measure 
seeks to institute pOlicies in the practice of this profession with the end in view of 
developing competent caregivers whose standard of professionals service shall 
be excellent and globally competitive. 
This proposed "Caregivers Welfare Act" 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. 
The measure provides for guidelines for the preparation and execution of 
employment contracts, the submission of pre-employment requirements, hours of 
work, minimum wage, payment of wages, leave benefits, other benefits, non-
diminution of benefits, settlement of disputes. It also identifies the duties of the 
caregivers and the basic necessities that the employer should provide for them. 
Further, it ensures privileged information and communication between the care 
giver and hislher client, protection of the caregiver from unjust termination of 
service, and protection of caregivers hired through private employment agencies. 
In view of the foregoing, immediate passage of this bill is earnestly sought. 
GOY EJERCITO ESTRADA 
SenatOr 
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SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
"14 
MAY 28 P 6 :10 
SENATE 
Senate Bill No. 22 61 
RECEIVED BY. __ f'.-
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
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 8ssembled: 
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SECTION 1. Short Title. - This Act shall be known as the "Caregivers Welfare 
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AcP 
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SEC 2. Declaration af Policy. - It is herby declared the policy of the State to 
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recognized the role of caregivers in national development and to institute policies 
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in the practice of the profession with the end in view of developing competent 
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caregivers whose standard of professionals service shall be excellent and 
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globally competitive. 
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The State also recognizes the need to protect the rights of the caregivers 
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towards a decent employment and income, and adheres to a policy of protecting 
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c<!regivers against <!b~'ie. h<!raisment. viQit:mce and eCQnQmic explQitatiQn. 
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SEC 3. Definition of Terms. - As used in the Act: 
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(a) Caregiver refers to a paid employed person who takes care or attends to 
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the physical and psychological needs of an infant, child or dependent adult 
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who is disabled or hose health is impaired by sickness or old age affecting 
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their activities of daily living whether outside or within their home; 
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(b) Employer refers to any person who engages and control the services of a 
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careQiver and is a party to the employment contract; and 
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(c) Private Employment Agency (PEA) refers to any individual, legitimate 
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partnership, corporation or entity licensed to engage in the recruiting and 
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placement of caregivers for local employment. 
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SEC 4. Employment Contract. - An employment contact shall be executed by 
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and between the caregiver and the employer before the commencement of the 
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service in a language or dialect understood by both parties. A copy of duly signed 


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employment contract shall be given to the caregiver which shall include the 
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following: 
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a) Duties and responsibilities of the caregiver; 
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b) Period of employment: 
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c) Compensation; 
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d) AlJthori.~El~ dElduc::tion~; 
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e) Hours of work and proportionate additional payment; 
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f) Rest days and allowable leaves; 
lOa) Board~ Jodainf] and medical attention; 
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h) Termination of employment; and, 
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i) Any other lawful condition agreed upon by both parties. 
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The Department of Labor and Employment (DOLE) shall develop a model 
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employment contract for caregivers which shall be made available at all times, 
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free of charge to caregivers, employers and the general public. 
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In case where the employment of the caregiver id facilitated through a private 
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employment agency, the PEA shall keep a copy of all employment contracts of 
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their caregivers which shall be made available for verification and inspection by 
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the DOLE. 
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SEC 5. 
Pre"employment Requirements. "'" Prior to the execution of the 
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employment contract, 'the employer may require the following: 
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a) Caregivers tfliifiifig ceiiifi<;ate issued by the schOOl or tnstiMiQR 
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accredited by the Technical Education and Skills Development 
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Authority (TESDA); 
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b) Medical certificate or health certificate by a local government health 
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officer; and 
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c) Barangay and police clearance. 
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SEC 6. Duties of the Caregivers. - The caregiver may provide any of the 
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following services: 
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a) Provide routine health and personal care support and assistance to 
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pa~ien~!? wi~h phy!?ic;:al 
imp~irm~nt or (1i!?abili~ies in 
Ilriv~tEl home, 
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nursing care facilities and other residential settings; 
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b) Help clients with their daily activities and mobi/ity restrictions to get out 
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of bed, bathe, dress and prepare; 
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c) I?rovide some basiC health-related service, such as checking the 
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clients pulse rate, temperature and respiration rate; 
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d) Help clients with simple prescribed exercises and assist them 
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with medications administration; 
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e) Advise families and patients on nutrition, cleanliness and 
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household tasks; 
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f) Accompany clients to appointments with doctors or on other 
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errands; 


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g) Assist in housekeeping and homemaking tasks; and 
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h) Some other tasks depending on the needs of the clients. 
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SEC 7. Hours of Work. - The caregiver's working hours shall be based on the 
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employment contract signed by the parties and in accordance with the labor 
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laws, rules and regulations. The caregiver shall be entitled to an aggregate daily 
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rest period eight (8) hours per day and at least twenty-four (24) hour of rest in 
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week. The employer shall respect the preference of' the mireglvers as to the 
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weekly rest day when such preference is based on religious grounds. 
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SEC S. Minimum Wag,. - The minimum wage of a caregiver shall not be less 
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thin the fQlloWin9" 
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a) Seven thousand pesos (P7,OOO.OO) a month for those employed in the 
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National Capital Region (NCR) 
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b) Five thousand five hundred pesos (PS,500.00) a month for those 
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employed in oharter oities and first olass munioipalities; and 
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c) Four thousand pesos (P4,OOO.OO) a month for those employed in other 
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munieilOlalities. 
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One (1) year after the effectivity of this Act, and periodically thereafter, the 
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Regional Tripartite Wages and Productivity Board (RTWPB) shall review and 
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adjust the minimum wages for caregivers. 
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SEC 9. Payment of Wages. - Wages shall be made on time directly to the 
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caregiver to whom they are due, .onceevery two (2) weeks or twice a month lilt 
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the intervals not exceeding sixteen (16) days. The employer, unless allowed the 
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caregiver through a written consent, shall make no deductions from the wages 
~(j 
QtMr th~f! \lV11~t !r;; m~!1f;1~Wilf;l ~y I~W: NQ tm1P.!QYfllr r;;!wH P.~Y ~hfll W~gf[!!;l Qf thfll 
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caregiver by means of promissory notes, vouchers, coupons, tokens, tickets, 
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chits, or any object than the cash wage as provided for under the law. 
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They are also entitled to a Thirteenth Month Pay as provided for by law. 
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SEC 10. Pay Slip. -
The employer shall at all times provide the caregiver with 
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a copy of the pay slip containing the amount paid in cash every pay day and 
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indioating all deduotions made, if any. A oopy of the pay slip shall be kept by the 
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employer for a period of three (3) years. 
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SEC 11. Leave Benefits. - A caregiver who has rendered at least one (1) year 
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of service shall be .entitled to an annual service incentive leave of five (S)dlilYs 
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with pay. Any unused! portion of the annual leave shall not be cumulative or 
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carried over to the succeeding years. Unused leaves shall not be convertible to 
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~~r;;h. 
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SEe 12. Other Benefits. "" A caregiver who has rendered at least one (1) month 
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of service shall be covered by the Social Security System (SSS). The Philippine 


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Health Insurance Corporation (PhiIHealth), and the Home Development Mutual 
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Fund or Pag-IBIG, and shall be entitled to all the benefits in aooordance with the 
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pertinent provisions provided by law. 
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Premium payments or contributions shall be shouldered by the employer. 
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However, if the caregiver is receiving a wage of Five thousand pesos (P5, 
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000.00) and above per month, theoaregiver shall pay the proportionate share in 
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the premium payments or contributions, as provided by law. 
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SEC 13. Non- Diminution of Benefits. - All existing arrangements between a 
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caregiver and the. employ.er shall be adjusted to conform to the minimum 
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standard set by this Act. The adjustment pertaining to wages shall take effect 
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immediately after the determination and issuance of the appropriate wage order 
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by the Regional Tripartite Wages and Productivity Board. Nothing in this Act shall 
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be construed to cause the diminution or substitution of any benefits and 
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privileges currently enjoyed by the caregiver hired directly or through a PEA. 
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SEC 14. 
Basic Necessities. -
The employer shall provide for the basic 
necessities .of th.e caregiver to include .at le.ast thre.e (3) adequate meals .<,1 d<,ly 
and human sleeping arrangement. They shall also provide appropriate rest and 
assistance in case of illness and injuries sustained during service without loss of 
benefits. 
see 15. 
Privileged Information. "" All information and communication 
pertaining 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 
oUfing an'o after employment. 
' . .  
sec 16. Termination Gf Service. - Neither the caregiver nor the employer may 
terminate the contract before the expiration or 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 the compensation already earned plus the 
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equivalent of fifteen (15) days work by way of indemnity. If the caregiver leaves 
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with.out justifiable .cause, any unpaid salary due not .exceeding the equivalent 
39 . fifteen (15) days work shall be forfeited. In addition, the employer may recover 
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from the caregiver cost incurred related to the deployment expenses, if any; 
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Provided, That the service has been terminated within six (6) months from the 
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caregiver's employment. 
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if the duration of the care giving 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 
serviee. 
The caregiver and the employer may mutually agree upon written notice to pre-
terminate the contract of employment to end the employment relationship. 
SiC 17. Termination of Contract by the Caregiver. - The caregiver may 
terminate the employment relationship any time before the expiration of the 
contract for any of the following reasons: 


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a) Verbal or emotional abuse by the employer, client or any member of the 
household; 
b) Inhuman treatment including physical abuse of 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 condition of the employment contract by the 
employer; and 
e) Other causes analogous to the foregoing 
. 
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SEC 18. Termination of Contract by the Employer. - The employer may 
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contract for any of the following causes: 
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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, 
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g) Other causes analogous to the foregoing. 
SEC 19. Settlement of Disputes. - All labor-related disputes shall be elevated 
to the DOLI! Regional Office having jurisdiotion 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 offens.e.s 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. 


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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. Responsibility of the PEAs. - In addition; the PEAs shall have the 
following responsibilities. 
@) 
em!\m~ U\@t the <l<1lr~givll!r!l @fe !wt ~h@rgeg Qf I~vill!d @!w reqfyitment qr 
placement fees; 
b) Ensure that the employment agreement between the caregivers and the 
employer stipulates the terms and conditions of employment and aU the 
benefits prescribed by this Act; . 
c) Provide a pre-employment orientation briefing to the caregiver and the 
employer about theif rights and responsibilities in accordance with this 
Act; 
g) K~~p !{gP!§§ gf ~mp!gym§nt t;gn1r\i!,g\§ g,ng \i!,gr§§m~nt§ P§rtg,ining t2 
recruited caregivers which shall be made available during inspections or 
whenever required by the DOLE; 
e) Assist careQivers with respect to complaints or wievances a~ainst the 
employers; and, 
1) Cooperate with government agencies in rescue operations involving 
abuaed Qf explQited caregivera. 
sec 22. Implementing Rules ami Regulations. - within sixty (60) days from 
the effectivity to 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 unscontitutional, 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. 
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SEC 25. 
Effectivity. - This Act shall take effect fifteen (15) days after its 
publioation in the Official Gazette or in two (2) national newspapers of general 
circulation. 
Approved,