The House Committee on Labor and Employment, chaired by Rep. Enrico Pineda (Party-list, 1-PACMAN), has approved four measures seeking to protect the welfare of caregivers, particularly, House Bill No. (HB) 135 authored by Rep. Geraldine Roman (1st District, Bataan), HB 850 by Rep Michael Edgar Aglipay (Party-list, DIWA), HB 2519 by Rep. Jericho Jonas Nograles (Party-list, PBA), and HB 5201 by Rep. Florencio Noel (Party-list, AN WARAY).
Said measures will be consolidated by a technical working group of the committee with HB 135 by Rep. Roman as the template bill.
In the explanatory note of HB 135, Roman said that policies must be enacted to protect the welfare and well-being of caregivers.
“Policies in the practice of the caregiving profession must be instituted to protect the rights of caregivers.”
“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 the rights of caregivers and to promote their welfare towards a decent employment,” the veteran legislator said.
The proposals also aim to maintain excellent and globally competitive standards for the caregiver professional service.
“The emergence of new illnesses requires special supportive care.”
“The availability of professional and responsive caregiving must be ensured, especially in the light of the country’s aging population, the increase in the number of children born with medical issues, and the emergence of new illnesses that require special supportive care,” said Nograles in the explanatory note of HB 2519.
Under HB 135, the Secretary of Labor and Employment shall, through a system of licensing and regulation, ensure the protection of caregivers hired through private employment agencies (PEA) accredited and licensed by the Department of Labor and Employment (DOLE). The PEAs shall be jointly and severally liable with the employer for all wages, wage-related benefits, and other benefits due to the caregiver.
Among the responsibilities of the PEAs are: (1) to ensure that caregivers are not charged or levied any recruitment or placement fees whatsoever; (2) ensure that the employment contract between the caregiver and the employer stipulates the terms and conditions of employment and all the benefits prescribed by the measure; and (3) provide a pre-employment orientation briefing to the caregiver and the employer about their rights and responsibilities.
HB 135 also requires that an employment contract be executed between the caregiver and the employer that shall include the duties and responsibilities of the caregiver, period of employment, compensation, hours of work and proportionate additional payment or overtime, among others.