(UPDATE) President Ferdinand Marcos Jr. has signed into law the Caregiver Welfare Act, which puts in place policies aimed at protecting the rights and welfare of domestic caregivers, Malacañang said on Friday.
Presidential Communications Secretary Cheloy Garafil announced that Marcos signed Republic Act (RA) 11965, or “An Act Institutionalizing Policies for the Protection and Welfare of Caregivers in the Practice of Their Occupation,” on November 23, 2023.
“In signing the law, President Marcos recognized the need to protect the rights of caregivers towards decent employment and income, and adhere to a policy of protecting them against abuse, harassment, violence, and economic exploitation,” Garafil stated.
The Caregiver Welfare Act covers caregivers employed and working in private homes, nursing or care facilities, and other residential settings. This law also applies to caregivers, whether directly hired by the employer or placed through the Public Employment Services Office and Private Employment Agency.
Under this law, caregivers’ working hours will be based on their employment contract. They will be entitled to overtime pay for work beyond the daily eight-working hours and to a night shift differential with a minimum wage not less than the applicable minimum wage in the region.
Caregivers who have rendered at least one month of service are also entitled to a 13th-month pay, which will be paid not later than December 24 of every year, or upon separation from employment. Additionally, they will receive a leave credit of at least five days with pay for those who have rendered at least one year of service.
Furthermore, caregivers will be covered by various benefits such as Social Security System contributions, Philippine Health Insurance Corp., the Home Development Mutual Fund, and “all benefits in accordance with the pertinent provisions provided by law.”
In cases of verbal or emotional abuse, inhumane treatment, and physical abuse, a caregiver may terminate his or her contract at any time before its expiration.
The Department of Labor and Employment (DoLE) will collaborate with the Technical Education and Skills Development Authority (Tesda) and other concerned agencies to promulgate the Implementing Rules and Regulations of the Caregiver Act. This collaboration aims to ensure the effective implementation of the law.
The Department of Migrant Workers, in coordination with the DoLE, Tesda, and other 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.”
RA 11965, which was released to the media on Friday, will take effect 15 days upon publication in the Official Gazette or in at least two newspapers of general circulation.
This new law signifies a significant step towards recognizing the invaluable contributions of caregivers and ensuring their welfare and protection. By putting in place comprehensive policies, the Caregiver Welfare Act aims to create a safe and fair working environment for caregivers, both in domestic and international settings.
It is crucial to note that this law is not only relevant to the Philippines but also serves as a benchmark for other countries to prioritize the rights and well-being of caregivers. The enactment of this legislation demonstrates the government’s commitment to upholding the dignity and rights of all workers, regardless of their occupation.
As the Caregiver Welfare Act comes into effect, it is essential for employers, agencies, and caregivers themselves to familiarize themselves with the provisions outlined in the law. By doing so, they can ensure compliance and contribute to the betterment of the caregiving profession.
With the Caregiver Welfare Act in place, caregivers can now have the peace of mind knowing that their rights are protected, and they can work in an environment that values their contributions and well-being.
Source: The Manila Times
