CAREGIVERS LAW | Marcos signs law setting policies on welfare of caregivers

December 1, 2023 , 10:01 PM

By Clarist Zablan

(December 1, 2023) – President Ferdinand “Bongbong” Marcos Jr. has signed into law a set of policies aimed at protecting the rights of domestic caregivers, Malacañang said on Friday.

Marcos signed Republic Act No. 11965 or the “Caregivers’ Welfare Act” On November 23, citing a need to “protect the rights of the caregivers towards a decent employment and income, and adhere to a policy of protecting them against abuse, harassment, violence and economic exploitation,” the Presidential Communications Office (PCO) said.

The legislation is set to take effect 15 days after it is published by the Official Gazette or two newspapers of general circulation. The Official Gazette uploaded a copy of the law on Friday.

The law mandated an employment contract between the caregiver and the employer, which is required to set their work hours and compensation of at least the minimum wage set in their respective region. The caregivers are also entitled to overtime pay and night shift differential where applicable.

Caregivers under the law are also entitled to a 13th month pay, if they have rendered at least one month of service, as well as other benefits such as SSS contributions, PhilHealth, Pag-Ibig and “all benefits in accordance with the pertinent provisions provided by law.”

The law also allows caregivers to terminate their contract at any time before expiry if they have suffered abuse and inhumane treatment from their employers.

The law applies to caregivers employed within the country in private homes, nursing or care facilities, and other residential settings, and whether directly hired by the employer or placed through public employment services office (PESO) and private employment agency (PEA).

For Filipino caregivers employed overseas, the migrant workers department is mandated to issue rules and regulations for recruiting and deploying them to other countries, in coordination with the labor department, Technical Education And Skills Development Authority (TESDA), and other concerned agencies.

Senate Majority Leader Joel Villanueva, one of the co-authors of the law in the Upper House, lauded the passage of the legislation.

“As we recognize the important role of our caregivers in national development, we must ensure they are protected against abuse, harassment and economic exploitation,” Villanueva said in a news release.

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