Republic Act No. 11965

- This Act shall be known as the Caregivers' Welfare Act.

- It is hereby declared the policy of the State to recognize the role of caregivers in national development and to institute policies in the practice of the occupation with the end in view of developing competent caregivers whose standards of professional service shall be excellent and globally competitive.

The State 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.

- For purposes of this Act, the following terms shall mean:

- This Act shall apply to caregivers employed and working within the country in private homes, nursing or care facilities, and other residential settings. This Act shall apply to caregivers whether directly hired by the employer or placed through PESO and PEA.

. - An employment contract shall be executed by and between the caregiver and the employer before the commencement of the service in a language or dialect understood bu both parties. A copy of the duly signed and notarized employment contract shall be given to the caregiver which shall include the following:

- Prior to the execution of the employment contract, the employer may require the following:

. - The caregiver may provide personal care, support, and assistance to clients in private homes, nursing or care facilities, and other residential settings including, but not limited to, the following services:

- The caregiver's working hours shall be based on the employment contract signed by the parties and in accordance with the labor laws, rules and regulations. For work beyond eight (8) hours a day. a caregiver shall be entitled to overtime pay. A caregiver is also entitled to night shift differential.

- The minimum wage of a caregiver shall not be less than the applicable minimum wage in the region.

- Wages shall be paid on time directly to the caregiver to whom they are due once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days. The employer, unless allowed by the caregiver through a written consent, shall make no deductions from the wages other than what is mandated by law. No employer shall pay the wages of the caregiver by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than the cash wage as provided for under the law.

- A caregiver who has rendered at least one (1) month of service is entitled to a thirteenth month pay which shall not be less than one-twelfth (1/12) of his/her total basic salary earned in a calendar year.

The thirteenth month pay shall be paid not later than December 24 of every year or upon separation from employment.

. - The employer shall at all times provide the caregiver with a copy of the pay slip containing the amount paid in cash every pay day, and indicating all deductions made, if any. A copy of the pay slip shall be kept by the employer for a period of three (30 years.

- A caregiver who has rendered at least one (1) year of service shall be entitled to an annual service incentive leave of at least five (5) days with pay.

A caregiver shall also be entitled to other leave benefits provided by existing laws.

- A caregiver shall be covered by the Social Security System (SSS), the Philippine Health Insurance Corporation (PhilHealth), and the Home Development Mutual Fund (HDMF) or PAG-IBIG, and shall be entitled to all the benefits in accordance with the pertinent provisions provided by law. The effective date of coverage shall be on the first day of employment.

- All existing arrangements between a caregiver and the employer shall be adjusted to conform to the minimum standards set by this Act. Nothing in this Act shall be construed to cause the diminution or substitution of any pay and benefits currently enjoyed by the caregiver hired directly by the employer or through a PEA.

- The employer shall provide for the basic necessities of the caregiver, such as, but not limited to, the following:

. - All information and communication pertaining to the client, employer or members of the household shall be treated as privileged and confidential, and shall not be publicly disclosed by the caregiver at any time during and after employment without the consent of the said client, employer, or members of the household, except in a civil case for damages or a criminal for an offense committed against the caregiver.

- Neither the caregiver nor the employer may terminate the contract before the expiration of the term except for grounds enumerated in Sections 19 and 20 of this Act: Provided, That the caregiver may terminate the contract by serving a written notice to the employer at least one (1) month in advance.

If the caregiver is unjustly dismissed, the caregiver shall be paid the compensation already earned plus the equivalent of fifteen (15) days work by way of indemnity. The caregiver and the employer may mutually agree upon written notice to pre-terminate the contract of employment to end the employment relationship.

- A caregiver may terminate the employment relationship at any time before the expiration of the contract for any of the following reasons:

- The employer may terminate the services of the caregiver at any time before the expiration of the contract for any of the following causes:

- All labor-related disputes shall be filed at the Regional Office or the appropriate workplace without prejudice to the filing of civil or criminal action in appropriate cases. The said Regional Office, agency, bureau, or office shall all conciliation and mediation efforts before a decision shall be rendered.

Ordinary crimes or offenses committed under the Revised Penal Code (RPC) and other special penal laws by either party shall be filed with the regular courts.

If efforts at conciliation and mediation fail, and there is no agreement to submit the case for voluntary arbitration, the dispute shall 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.

- The DOLE Secretary shall, through a system of licensing and regulation, ensure the protection of the caregivers hired through PEAs.

The provisions of the Labor Code of the Philippines on the qualifications of PEAs with regard 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.

. - In addition, the PEAs shall have the following responsibilities:

- DOLE shall maintain a list of caregivers that shall be made available to the public pursuant to applicable laws, rules and regulations. TESDA shall coordinate with PESO to integrate caregivers in its employment facilitation services.

- TESDA shall develop a system of continuing skills upgrading and reskilling of caregivers. TESDA shall also jointly work with the Commission on Higher Education (CHED) and the Department of Education (DepEd) to support the development and maintenance of pathways and equivalencies that enable access to qualifications and to assist caregivers to move easily and readily between the different education and training sectors in accordance with Republic Act No. 10647 or the "Ladderized Education Act of 2014".

- Any person, school, training institution or assessment center who shall issue or use a fake certificate, clearance or any other document for purposes of fulfilling the requirements under this Act or shall in any other manner commit any act to defeat any provision of this Act shall, upon conviction, be punished with the penalty for falsification of official document provided under the RPC and/or other applicable laws.

If the offender is a school, training institution, assessment center or a juridical person, the penalty shall be imposed upon the president , treasurer or secretary or any other officer responsible for the violation. In addition to the penalty provided herein, to the extent applicable, the offender shall suffer the revocation of license and/or certificate to operate or certificate of accreditation.

- The provisions of the Labor Code of the Philippines, as amended, shall be suppletorily applied to this Act.

- Within one hundred twenty (120) days from the effectivity of this Act, the DOLE Secretary shall in coordination with the TESDA Director General and other concerned agencies, promulgate the necessary rules and regulations for the effective implementation of this Act.

The Department of Migrant Workers (DMW), in coordination with DOLE, TESDA, and other concerned agencies, shall issue the rules and regulations for the recruitment and deployment of Filipino caregivers for overseas employment to ensure their protection, including their reintegration.

- If any provision, section, or part of this Act is declared unconstitutional or invalid, such judgment shall not affect, investigate, or impair any other provisions, sections, or parts thereof.

- All laws, decrees, orders, issuances, circulars, rules and regulations or parts thereof, which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

- The Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,

| (SGD.) FERDINAND MARTIN G. ROMUALDEZ Speaker of the House of Representatives | (SGD.) JUAN MIGUEL F. ZUBIRI President of the Senate |