Law Summary
Declaration of Policy
- Recognizes caregivers' role in national development.
- Aims to develop competent, globally competitive caregivers.
- Seeks to protect caregivers' rights against abuse, harassment, violence, and exploitation.
Definition of Terms
- Caregiver: person 18+ providing specified services, including licensed health professionals and those certified by TESDA.
- Client: includes all age groups and people with special needs.
- Direct Hire: caregiver engaged without private employment agency.
- Employer: person contracting caregiver services.
- Household: family members or house occupants employing caregiver.
- Private Employment Agency (PEA): licensed entity recruiting caregivers locally.
- Public Employment Service (PESO): government employment service facilities.
Coverage
- Applies to caregivers working locally in private homes, nursing/care facilities, and residential settings.
- Includes caregivers hired directly or through PESO/PEA.
Employment Contract
- Must be executed before service starts in language understandable to parties.
- Contract must cover duties, terms, compensation, work hours, benefits, termination, and other conditions.
- DOLE will provide a model contract freely.
Pre-employment Requirements
- Employers may require TESDA certificates, medical and police clearances.
- First-time jobseekers can get medical and police clearances for free.
Duties of Caregivers
- Provide personal care and assistance including basic health checks, medication administration, household tasks linked to care, and client accompaniment.
Hours of Work
- Determined by contract and labor laws.
- Overtime and night differential pay required as applicable.
Minimum Wage
- Must not be less than regional minimum wage.
Payment of Wages
- Paid directly on time every two weeks or twice monthly (max 16 days interval).
- Only legally authorized deductions allowed.
- Must be paid in cash; no vouchers or promissory notes.
Thirteenth Month Pay
- Entitled to at least one-twelfth of basic salary per year.
- Payable by December 24 or upon separation.
Pay Slip
- Employer must provide pay slip showing payments and deductions.
- Employer keeps copies for 3 years.
Leave Benefits
- After one year, caregiver entitled to at least 5 days paid service incentive leave.
- Other leaves per existing laws also apply.
Other Benefits
- Coverage under SSS, PhilHealth, and PAG-IBIG starting first day of employment.
Non-Diminution of Pay and Benefits
- Existing benefits cannot be reduced by this law.
Basic Necessities
- Employer must provide three adequate meals daily respecting religious and cultural practices.
- Live-in caregivers to have humane sleeping conditions respecting privacy.
- Adequate rest and medical assistance including first aid necessary.
Privileged Information
- Confidentiality required; no disclosure without consent except in legal cases involving caregiver.
Termination of Service
- Contract termination only for valid grounds or by mutual agreement.
- Caregiver must give one-month advance notice to terminate.
- Unjust dismissal entitles indemnity equal to 15 days' pay plus earned compensation.
Termination by Caregiver
- Grounds include verbal/emotional abuse, inhumane treatment, criminal acts, contract violations by employer, health risks, or analogous causes.
Termination by Employer
- Grounds include misconduct, neglect, fraud, crime, contract violation by caregiver, health risks, or analogous causes.
Settlement of Disputes
- Labor disputes filed with Regional Office or workplace; compulsory conciliation and mediation.
- Unresolved cases proceed to compulsory arbitration under NLRC.
- Criminal acts filed with regular courts.
Protection of Caregivers Hired through PEAs
- DOLE will regulate and license PEAs.
- Labor Code provisions on PEAs apply, including qualification and prohibited practices.
Responsibilities of PEAs
- Prohibit charging fees to caregivers.
- Ensure employment contracts comply with law.
- Provide pre-employment orientation to caregiver and employer.
- Keep employment contract copies.
- Assist caregivers with grievances.
- Cooperate in rescue operations for abused caregivers.
List of Caregivers
- DOLE maintains and publishes a public list of caregivers.
- TESDA coordinates with PESO for employment facilitation.
Upskilling and Reskilling
- TESDA develops continuing education and skills upgrading.
- Collaborates with CHED and DepEd for educational pathways compatible with the Ladderized Education Act.
Penalties
- Issuance or use of fake certificates or documents punished under the Revised Penal Code.
- Responsible officers in institutions penalized.
- Possible revocation of licenses or accreditation.
Applicability of the Labor Code
- The Labor Code applies supplementarily.
Implementing Rules and Regulations
- DOLE Secretary to promulgate rules within 120 days.
- Department of Migrant Workers to issue rules for overseas caregiver deployment and protection.
Separability Clause
- Invalidity of any provision does not affect others.
Repealing Clause
- Inconsistent laws and regulations are repealed or modified.
Effectivity
- Law takes effect 15 days after publication in the Official Gazette or two newspapers of general circulation.