House approves proposed “Caregivers Welfare Act”

October 7, 2017

The House of Representatives approved on second reading House Bill 6396 which seeks to institute policies for the protection and welfare of caregivers in the practice of their profession, a statement from the Lower House said Saturday.

Rep. Geraldine Roman of Bataan, principal author of the proposed “Caregivers Welfare Act”, said professional and responsive care giving is very vital to medically and physically challenged individuals.

She explained the country’s aging population, the increase in the number of children born with medical issues, and prevalent illnesses are the reasons why the demand for caregiving service continues to rise in the Philippines.

Rep. Karlo Alexei Nograles of Davao City , chairman of the committee on appropriations and also an author of the bill, said the continued rise of the demand for care giving service in the country makes it an important national concern.

Another author, PBA Partylist Rep. Jericho Jonas Nograles said the important role of caregivers in national development must be recognized, and policies in the practice of the caregiving profession must be instituted to protect caregivers from abuse and exploitation.

The bill defines the term “caregiver” as a graduate of a caregiving course from an accredited training institution that is recognized by the government or is certified competent by that same institution, and renders caregiving services as stipulated in the measure.

It provides for the execution of an employment contract between the caregiver and the employer before the beginning of the service in a language or dialect understood by both parties.

The employer may require, prior to the execution of the employment contract, the caregiver’s training certificate issued by the school or institution accredited by the Technical Education and Skills Development Authority (TESDA); medical certificate or health certificate issued by a local government health officer; and National Bureau of Investigation (NBI) or police clearance.

The bill provides a caregiver who has rendered at least one year of service shall be entitled to an annual service incentive leave of at least five days with pay.

A caregiver shall be covered by the Social Security System (SSS), the Philippine Health Insurance Corporation (PhilHealth), and the Home Development Mutual Fund (Pag-IBIG) and shall be entitled to all the benefits in accordance with the pertinent provisions of law.

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

The measure mandates the Secretary of Labor and Employment to ensure the protection pf the caregivers hired through private employment agencies (PEAs) through a system of licensing and regulation.

The PEAs shall be jointly and severally liable with the employer for all wages, wage-related benefits, and other benefits due to the caregiver.

All labor-disputes shall be elevated to the DOLE and/or the National Labor Relations Commission (NLRC) having jurisdiction over the workplace without prejudice to the filing of civil or criminal action in appropriate cases. The DOLE Regional Office shall exhaust all conciliation and meditation efforts before a decision shall be censored. DMS