QuestionsQuestions (Republic Act No. 11965)
The short title is the “Caregivers' Welfare Act.” The law declares that the State recognizes the role of caregivers in national development, aims to develop competent caregivers with globally competitive standards, protects caregivers’ rights to decent employment and income, and protects them against abuse, harassment, violence, and economic exploitation.
A caregiver is a person at least 18 years old who renders services enumerated in Section 7. It includes: (1) licensed health care professionals who voluntarily listed themselves with DOLE as caregivers; and (2) persons duly assessed and certified by TESDA upon compliance with specified pathways (caregiving qualification graduates meeting competencies, allied health graduates, or persons with prior learning/experience who undergo competency/portfolio assessment).
Client includes newborns through elderly and people with special needs. Direct hire is engagement of a caregiver without assistance of a private employment agency. Employer is the person who engages the caregiver and is a party to the employment contract. Household refers to immediate family members or occupants of the house in a residential setting. PEA is a DOLE-licensed entity for recruitment and placement of caregivers for local employment. PESO is a non-free charging employment service facility established in LGUs, in coordination with DOLE, under RA 8759 as amended by RA 10691.
The Act applies to caregivers employed and working within the country in private homes, nursing/care facilities, and other residential settings. It applies whether caregivers are directly hired or placed through PESO and PEA.
The contract must be executed before the service begins, in a language/dialect understood by both parties, and the signed notarized copy must be given to the caregiver. It must include: duties/responsibilities; period of employment; work arrangement; compensation; authorized deductions; hours of work and overtime/nights differential rules; rest days and allowable leaves; board/lodging/medical attention; other benefits under the Act; termination of employment; and any other lawful conditions agreed upon.
DOLE, in consultation with the National Tripartite Industrial Peace Council, must develop a model employment contract that is made available at all times online and free of charge to caregivers, employers, and the general public.
Prior to execution, the employer may require: TESDA national certificate; TESDA caregiving training certificate (if applicable); medical/health certificate; NBI or police clearance; and barangay clearance. First-time jobseekers may obtain copies of medical/health certificate and/or NBI/police clearance free of charge pursuant to RA 11261.
Caregivers may help clients with daily activities and mobility restrictions; provide basic health-related services such as checking vital signs; assist in simple safe exercises taught by a duly licensed rehabilitation science specialist; assist in administration of prescribed home medications; advise on cleanliness/household tasks; accompany clients to appointments/errands; help with housekeeping tasks related to health care within the client’s room; assist in preparation of food per health needs; and do other tasks directly related to health care/support/assistance.
Working hours are based on the signed employment contract and in accordance with labor laws/rules. For work beyond eight (8) hours a day, a caregiver is entitled to overtime pay and also entitled to night shift differential.
Minimum wage cannot be less than the applicable minimum wage in the region. Wages must be paid on time directly to the caregiver once every two weeks or twice a month at intervals not exceeding 16 days. The employer may not make deductions except as mandated by law (unless the caregiver allows in writing). Wages cannot be paid via promissory notes, vouchers, coupons, tokens, tickets, chits, or objects other than lawful cash wage as provided under labor law.
A caregiver who rendered at least one month of service is entitled to thirteenth month pay of at least 1/12 of total basic salary earned in a calendar year. It must be paid not later than December 24 each year or upon separation from employment.
The employer must provide the caregiver a copy of the pay slip stating the amount paid in cash every pay day and all deductions made (if any). The employer must keep copies of the pay slip for 30 years.
A caregiver with at least one year of service is entitled to an annual service incentive leave of at least five (5) days with pay. The caregiver is also entitled to other leave benefits provided by existing laws.
Caregivers must be covered by SSS, PhilHealth, and HDMF/PAG-IBIG, and are entitled to benefits under the pertinent laws. Coverage is effective on the first day of employment.
Existing arrangements must be adjusted to conform to RA 11965 minimum standards. However, nothing in the Act should cause diminution or substitution of any pay and benefits currently enjoyed by caregivers hired directly by the employer or through a PEA.
The employer must provide basic necessities, including at least three adequate meals a day (considering religious beliefs and cultural practices) and humane sleeping conditions respecting privacy for live-in stay-in caregivers. It must also provide appropriate rest and medical assistance in the form of first-aid medicines for illness and injuries sustained during service without loss of benefits.
Information and communications pertaining to the client, employer, or members of the household are confidential and cannot be publicly disclosed by the caregiver during or after employment without consent—except in civil cases for damages or in criminal cases for an offense committed against the caregiver.
(1) By the caregiver: verbal/emotional abuse (with an exception when the client has mental illness); inhumane treatment/physical abuse; commission of a crime or offense against the caregiver; violation of employment contract terms by employer; client/household/employer having a disease prejudicial to caregiver’s health; and other analogous causes. (2) By the employer: misconduct/willful disobedience of lawful orders; gross or habitual neglect or insufficiency; fraud/willful breach of trust; commission of crime by caregiver; violation of contract terms; caregiver having disease prejudicial to client’s health; and other analogous causes.
Labor-related disputes shall be filed with the Regional Office or appropriate workplace, without prejudice to civil/criminal actions in proper cases. The office must conduct conciliation and mediation before decision. If mediation fails and there is no agreement for voluntary arbitration, the dispute is filed before the Labor Arbiter of the NLRC for compulsory arbitration (following the Labor Code). Ordinary crimes/offenses under the RPC and special laws are filed with regular courts.
DOLE must ensure protection of caregivers hired through PEAs via licensing and regulation, applying Labor Code rules on PEAs (qualifications, net worth, office requirements, non-transferability, and prohibited practices). PEAs must not charge recruitment/placement fees; ensure employment contracts stipulate prescribed terms/benefits; provide pre-employment orientation to caregiver and employer about rights/responsibilities; keep copies of employment contracts for DOLE inspection; assist caregivers with complaints/grievances; and cooperate with government agencies in rescue operations involving abused or exploited caregivers.