Caregivers' Protection and Welfare Act

Legal Framework: Issuance, Effectivity, Publication

Republic Act No. 11965 is approved on November 23, 2023.
Republic Act No. 11965 takes effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspapers of general circulation.
The Act’s coverage is implemented through rules to be issued within one hundred twenty (120) days from its effectivity under Section 28.

Key Definitions and Parties Covered

Section 3 defines “Caregivers” as a person at least eighteen (18) years of age who renders services under Section 7, including:
- Licensed health care professionals who voluntarily listed themselves with the Department of Labor and Employment (DOLE) as caregivers.
- Any person assessed and certified by TESDA upon meeting any of these:
  - Graduate of a caregiving qualification who achieved required competencies.
  - Graduate of allied health care courses from an educational or accredited training institution.
  - Practitioner or person with prior learning/experience who completed competency or portfolio assessment.
Section 3 defines “Client” as a newborn, infant, toddler, preschooler, school children, adolescent, adult, elderly, and people with special needs.
Section 3 defines “Direct Hire” as engagement of caregiver services without assistance or participation of a private employment agency.
Section 3 defines “Employer” as any person who engages a caregiver and is a party to the employment contract.
Section 3 defines “Household” as immediate family members or occupants of the house where the caregiver is employed in a residential setting.
Section 3 defines “Private Employment Agency (PEA)” as any individual, partnership, corporation, or entity licensed by DOLE to recruit and place caregivers for local employment.
Section 3 defines “Public Employment Service (PESO)” as a non-free charging, multi-dimensional employment service facility or entity in all LGUs, established in coordination with DOLE pursuant to Republic Act No. 8759, as amended by Republic Act No. 10691.

Coverage: Where and How Caregivers Work

Republic Act No. 11965 applies to caregivers employed and working within the country in:
- private homes,
- nursing or care facilities, and
- other residential settings.
The Act applies whether caregivers are engaged through Direct Hire, or placed through PESO and PEA.
Section 4 anchors the Act’s application to caregivers working domestically in the specified settings.

Employment Contract and Pre-Employment Requirements

Section 5 requires an employment contract executed by and between the caregiver and the employer before commencement of service.
Section 5 requires the contract be written in a language or dialect understood by both parties.
Section 5 requires the employer to provide the caregiver a copy of the duly signed and notarized employment contract.
Section 5 requires the notarized contract to include, at minimum:
- duties and responsibilities,
- period of employment,
- work arrangement,
- compensation,
- authorized deductions,
- hours of work and proportionate additional payment or overtime pay,
- rest days and allowable leaves,
- board, lodging, and medical attention,
- other benefits stipulated in the Act,
- termination of employment, and
- any other lawful condition agreed upon by both parties.
Section 5 requires DOLE, in consultation with the National Tripartite Industrial Peace Council, to develop a model employment contract for caregivers and make it available at all times on its websites free of charge to caregivers, employers, and the general public.
Section 6 authorizes employers, prior to contract execution, to require:
- a National Certificate issued by TESDA,
- a caregivers training certificate issued by TESDA or its accredited school/training institution, if applicable,
- a medical certificate or health certificate issued by competent authorities,
- an NBI clearance or police clearance, and
- a barangay clearance.
Section 6 grants first time jobseekers the right to obtain, free of charge, a copy of the medical/health certificate and/or NBI or police clearance pursuant to Republic Act No. 11261.

Caregiver Duties, Work Hours, and Pay Standards

Section 7 permits caregivers to provide personal care, support, and assistance to clients in private homes, nursing/care facilities, and other residential settings, including:
- help with daily activities and mobility restrictions,
- checking vital signs (pulse rate, temperature, respiration rate, blood pressure, oxygen saturation),
- assisting clients with simple and safe exercises taught by a duly licensed rehabilitation science specialist,
- assisting in the administration of home medications as prescribed by the physician,
- advising on cleanliness and household tasks,
- accompanying clients to doctor appointments and other health-care-related errands,
- assisting with housekeeping tasks related to health-care support within the client’s room,
- assisting in preparation of clients’ food in accordance with health-related needs, and
- other tasks directly related to health care, support, and assistance.
Section 8 requires working hours to be based on the employment contract and in accordance with labor laws, rules, and regulations.
Section 8 provides that work beyond eight (8) hours a day entitles the caregiver to overtime pay.
Section 8 provides that a caregiver is entitled to night shift differential.
Section 9 requires the caregiver’s minimum wage be not less than the applicable minimum wage in the region.
Section 10 requires wages be paid on time directly to the caregiver once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days.
Section 10 prohibits deductions from wages unless mandated by law, unless the employer is allowed by the caregiver through written consent.
Section 10 prohibits payment of wages through promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than cash wage as provided by law.
Section 11 grants caregivers who rendered at least one (1) month of service a thirteenth month pay of at least one-twelfth (1/12) of total basic salary earned in a calendar year.
Section 11 requires payment of thirteenth month pay no later than December 24 of every year or upon separation from employment.
Section 12 requires the employer to provide a pay slip containing the amount paid in cash every pay day and indicating all deductions, if any.
Section 12 requires the employer to keep copies of pay slips for three (30) years.
Section 15 provides for non-diminution of pay and benefits by requiring adjustment of existing arrangements to conform to the Act’s minimum standards and prohibiting diminution or substitution of any pay and benefits currently enjoyed by caregivers hired directly by the employer or through a PEA.

Benefits, Care Necessities, and Confidentiality

Section 13 grants caregivers with at least one (1) year of service an annual service incentive leave of at least five (5) days with pay.
Section 13 further provides entitlement to other leave benefits under existing laws.
Section 14 requires coverage under:
- SSS,
- PhilHealth, and
- HDMF (or PAG-IBIG),
  with entitlement to benefits under the pertinent provisions of law.
Section 14 requires that coverage takes effect on the first day of employment.
Section 16 requires employers to provide basic necessities, including:
- at least three (3) adequate meals a day, considering religious beliefs and cultural practices and humane sleeping conditions that respect privacy for live-in, stay-in arrangements; and
- appropriate rest and medical assistance in the form of first-aid medicines for illness and injuries sustained during service without loss of benefits.
Section 17 provides that information and communication pertaining to the client, employer, or household members are privileged and confidential.
Section 17 prohibits caregivers from publicly disclosing such information at any time during and after employment without consent, except in a civil case for damages or a criminal case for an offense committed against the caregiver.

Termination Rights and Labor Dispute Process

Section 18 provides that neither caregiver nor employer may terminate the contract before its expiration except for grounds enumerated in Sections 19 and 20.
Section 18 allows the caregiver to terminate by serving written notice at least one (1) month in advance.
Section 18 requires that if the caregiver is unjustly dismissed, the caregiver must be paid:
- compensation already earned, plus
- the equivalent of fifteen (15) days work by way of indemnity.
Section 18 allows the caregiver and employer to mutually agree in writing to pre-terminate the contract to end the employment relationship.
Section 19 allows the caregiver to terminate for any of these causes:
- verbal or emotional abuse by the client, household member, employer, or the employer’s representatives, except where the client has any mental illness;
- inhumane treatment including physical abuse by the client, household member, employer, or representative;
- commission of a crime or offense against the caregiver by the client, household member, employer, or representative;
- violation of employment contract terms and conditions by the employer;
- the client, household member, employer, or representative having any disease prejudicial to the health of the caregiver; or
- other causes analogous to the foregoing.
Section 20 allows the employer to terminate for any of these causes:
- misconduct or willful disobedience by the caregiver of the employer’s lawful order in connection with the caregiver’s work;
- gross or habitual neglect or insufficiency in performing duties;
- fraud or willful breach of the trust reposed by the employer;
- commission of a crime or offense by the caregiver;
- violation of employment contract terms and conditions by the caregiver;
- the caregiver having any disease prejudicial to the health of the client, household member, or employer/representative; or
- other causes analogous to the foregoing.
Section 21 requires labor-related disputes to be filed at the Regional Office or the appropriate workplace, without prejudice to civil or criminal actions in appropriate cases.
Section 21 requires conciliation and mediation by the Regional Office, agency, bureau, or office before a decision is rendered.
Section 21 requires ordinary crimes or offenses under the Revised Penal Code (RPC) and other special penal laws committed by either party to be filed with the regular courts.
Section 21 provides that if conciliation and mediation fail and there is no agreement to submit for voluntary arbitration, the dispute must be filed before the Labor Arbiter of the National Labor Relations Commission (NLRC) for compulsory arbitration pursuant to the Labor Code of the Philippines, as amended.

Protections and Duties for Caregivers via PEAs

Section 22 directs the DOLE Secretary to ensure protection of caregivers hired through PEAs through a system of licensing and regulation.
Section 22 applies the Labor Code of the Philippines rules on PEAs covering nationality, net worth, owners and officers, office space, other requirements, non-transferability of license, and prohibited practices.
Section 23 requires PEAs to perform the following responsibilities:
- ensure caregivers are not charged or levied any recruitment or placement fees whatsoever;
- ensure every employment contract between caregiver and employer stipulates employment terms and conditions and all benefits prescribed by the Act;
- provide a pre-employment orientation briefing to the caregiver and the employer about their rights and responsibilities under the Act;
- keep copies of employment contracts for recruited caregivers available during inspections or whenever required by DOLE;
- assist caregivers regarding complaints or grievances against their employees; and
- cooperate with government agencies in rescue operations involving abused or exploited caregivers.
Section 24 requires DOLE to maintain a list of caregivers and make it available to the public pursuant to applicable laws, rules, and regulations.
Section 24 requires TESDA to coordinate with PESO to integrate caregivers in its employment facilitation services.

Skills Development, Overseas Caregivers, and Implementing Rules

Section 25 requires TESDA to develop a system of continuing skills upgrading and reskilling of caregivers.
Section 25 requires TESDA to work jointly with CHED and DepEd to support pathways and equivalencies that enable access to qualifications and facilitate movement between education and training sectors in accordance with Republic Act No. 10647.
Section 28 requires DOLE, in coordination with the TESDA Director General and other concerned agencies, to promulgate the necessary rules and regulations within one hundred twenty (120) days from the Act’s effectivity.
Section 28 requires the Department of Migrant Workers (DMW), in coordination with DOLE, TESDA, and other concerned agencies, to issue rules and regulations for the recruitment and deployment of Filipino caregivers for overseas employment, including protection and reintegration.

Fines, Criminal Liability, and Repeals

Section 26 imposes criminal punishment on any person, school, training institution, or assessment center that:
- issues or uses a fake certificate, clearance, or any other document to fulfill requirements under the Act; or
- commits any act to defeat any provision of the Act.
Section 26 provides that, upon conviction, the penalty is the penalty for falsification of official document under the RPC and/or other applicable laws.
Section 26 provides that when the offender is a school, training institution, assessment center, or juridical person, the penalty is imposed upon the president, treasurer, secretary, or other officer responsible for the violation.
Section 26 requires that, in addition to the penalty, the offender suffers revocation of license and/or certificate to operate or certificate of accreditation, to the extent applicable.
Section 27 directs that the Labor Code of the Philippines, as amended, applies suppletorily to the Act.
Section 30 repeals or modifies any laws, decrees, orders, issuances, circulars, rules and regulations, or parts inconsistent with the Act.
Section 29 provides a separability rule: if any provision is declared unconstitutional or invalid, the invalidity does not impair the remaining provisions.

Transitory and Procedural Integration Points

The Act requires DOLE and TESDA to develop and coordinate mechanisms that integrate caregivers into employment facilitation and public caregiver listing systems under Sections 24 and 25.
The Act requires labor-related disputes to follow the conciliation and mediation process and then move to the appropriate NLRC procedure under Section 21.
The Act requires PEAs to maintain employment contract copies for inspection and to assist in handling caregiver complaints and rescue operations under Section 23.