Bill protecting Filipino caregivers hurdles House committee
A proposed bill seeking to protect the rights of caregivers hurdled the committee level at the House of Representatives.
This as the House committee on labor and employment approved House Bill 269 or the proposed “Caregivers Welfare Act,” which seeks to institute policies for the protection of the rights of caregivers and the promotion of their welfare.
The bill authored by Bataan Rep. Geraldine Roman also seeks to ensure that the policies would maintain excellent and globally competitive standards for the caregiver professional service.
“In recognition of the very important role of caregivers in national development, policies in the practice of the caregiving profession must be instituted to protect our caregivers from abuse, harassment, violence and economic exploitation,” Roman said in the bill.
Roman said there is a need to professionalize caregivers.
“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 country,” Roman said.
Roman said Filipino caregivers are in demand abroad, such as the United States, Canada, Middle East, Europe and even Asian countries like Japan and Korea.
The demand for professional Filipino caregivers abroad has prompted government to require caregiving schools to register with the Technical Education and Skills Development Authority (TESDA), Roman said.
According to the bill, a caregiver is defined 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.”
The bill adds that before the start of a caregiver’s service, an employment contract should be executed by and between the caregiver and the employer in a language or dialect understood by both parties.
A copy of the duly signed employment contract should be given to the caregiver which should include the following information: duties and responsibilities of the caregiver; period of employment; compensation; authorized deductions; hours of work and proportionate additional payment; rest days and allowable leaves; board, lodging and medical attention; termination of employment; and any other lawful condition agreed upon by both parties.
The bill requires the Department of Labor and Employment (DOLE) to develop a model employment contract for caregivers which should be made available at all times and free of charge to caregivers, employers and the general public.
In cases the job is facilitated through a private employment agency, the Private Employment Agency (PEA) should keep a copy of all employment contracts of their caregivers, to be made available for verification and inspection by the DOLE.
The caregiver’s working hours should be based on the employment contract signed by the parties and in accordance with the labor rules, laws and regulations, the bill said.
The caregiver is also entitled to an aggregate rest period of eight hours per day and 24 hours per week.
The minimum wage of the caregiver should not be less than the following: P7,000 a month for those employed in the National Capital Region (NCR): P5,500 a month for those employed in chartered cities and first-class municipalities; and P4,000 a month for those employed in other municipalities.
The Regional Tripartite Wages and Productivity Board (RTWPB) should review and adjust the minimum wage rates for caregivers a year after the effectivity of the law.
A caregiver who has rendered one month of service should be covered by the Social Security System (SSS), the Philippine Health Insurance Corporation (PhilHealth), the Home Development Mutual Fund or Pag-IBIG and all benefits based on the law.
The PEA should also ensure that the caregivers are not charged or levied any recruitment or placement fees.
They should also assist caregivers in grievances or complaints against their employers; cooperate with government agencies in rescue operations involving abused or exploited caregivers; and ensure the employment contract between the caregivers and their employers stipulates the conditions of employments and all the benefits prescribed by the Act. RAM
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