Question & AnswerQ&A (Republic Act No. 11965)
The short title is the "Caregivers' Welfare Act."
The State recognizes the role of caregivers in national development and aims to develop competent, globally competitive caregivers while protecting their rights against abuse, harassment, violence, and economic exploitation.
Caregivers refer to persons at least 18 years old who render specified caregiving services, including licensed health care professionals registered with DOLE, TESDA-certified individuals, graduates of allied health care courses, and practitioners with prior learning or experience assessed by TESDA.
Clients include newborns, infants, toddlers, preschoolers, school children, adolescents, adults, elderly, and people with special needs.
An employment contract must be executed between the caregiver and the employer in a language understood by both, detailing duties, employment period, work arrangements, compensation, deductions, hours, leaves, benefits, termination, and other lawful conditions.
Employers may require TESDA National Certificate, caregiving training certificates, medical or health certificates, National Bureau of Investigation (NBI) or police clearance, and barangay clearance.
Duties include assisting with daily activities and mobility, checking vital signs, assisting with exercises, administering home medications, advising on cleanliness, accompanying clients to appointments, assisting with housekeeping related to care, preparing food, and other health care tasks.
Working hours are based on the employment contract and labor laws. Caregivers working beyond eight hours a day are entitled to overtime pay and are also entitled to night shift differentials.
Caregivers' minimum wage shall not be less than the applicable regional minimum wage.
Wages must be paid on time directly to the caregiver every two weeks or twice a month with no unauthorized deductions except those mandated by law. Payment must be in cash, not promissory notes or other instruments.
Caregivers are entitled to thirteenth-month pay, annual service incentive leave of at least five days after one year of service, coverage under SSS, PhilHealth, and PAG-IBIG with benefits effective from the first day of employment, and other leaves provided by law.
Employers must provide at least three adequate meals a day considering religious and cultural practices, humane sleeping conditions respecting privacy for live-in caregivers, and medical assistance including first aid in case of illness or injury during service.
Caregivers must keep all information related to the client, employer, or household confidential during and after employment, except in legal cases concerning damages or crimes against the caregiver.
Caregivers may terminate for verbal/emotional or physical abuse, commission of a crime against them, violation of employment terms by the employer, health risks from disease of client or household, and analogous causes.
Employers may terminate for caregiver misconduct, willful disobedience, gross neglect, fraud or breach of trust, commission of crimes, violation of contract terms, health risks to client or household, and analogous causes.
Disputes must be filed at the Regional Office or workplace, beginning with conciliation and mediation efforts. If unresolved, cases go to the Labor Arbiter of the NLRC for compulsory arbitration, without prejudice to civil or criminal actions.
PEAs are licensed and regulated by DOLE, must not charge recruitment fees, must provide employment contract details and orientation, keep contract copies, assist caregivers with grievances, and cooperate with government in rescue operations for abused caregivers.
Conviction may lead to penalties for falsification under the Revised Penal Code, revocation of licenses or accreditation, and penalties imposed on responsible officers if the offender is an institution or juridical person.
The Labor Code of the Philippines, as amended, shall be suppletorily applied to this Act.