Bataan solon files “Caregivers Welfare Act”

HOUSE OF REPRESENTATIVES – Other than nurses, Filipino caregivers are in demand here and abroad because of their “unconditional and genuine care for their clients.” They work in private homes, board and care homes, and in health care facilities.

Based on a published report, caregivers are classified only as “other” workers and they fall under the third preference employment-based category.

To work as a caregiver, one does not have to possess a bachelor’s degree but needs only a high school diploma and a few months of work experience.

In the case of the United States, Filipino nationals who are being petitioned under this category wait approximately 6-7 years before their visas are available.

The sudden increase in the popularity of professional caregivers in the Philippines and abroad has prompted the government to require all caregiving schools in the country to register their caregiving program with the Technical Education and Skills Development Authority (TESDA), which is tasked to manage and supervise technical education and skills development.

To protect the caregivers’ welfare, Bataan 1^st district representative Geraldine B. Roman recently filed House Bill No. 269 known as the “Caregivers Welfare Act” that seeks to institute policies for the protection and welfare of caregivers in the Philippines.

“Caregivers must also be protected against abuse, harassments, violence and economic exploitation. These proposed policies must also be enacted into law to maintain excellent and globally competitive standards for the caregiver professional service,” Roman reiterated.

Roman’s bill also mandate the Department of Labor and Employment (DOLE) to develop a model employment contract for caregivers which shall be made available at all times, free of charge to caregivers, employers, and the general public.

The bill also seeks to provide fixed working hours based on the employment contract signed by the parties and in accordance with the labor laws, rules and regulations. A rest period of 8 hours or at least 24 hours per week is also suggested to be enforced depending on the caregiver’s preference.

Roman is also pushing for a standardized minimum wage for caregivers: seven thousand pesos a month for those employed in the National Capital Region; P5500 per month for those employed in chartered cities and first class municipalities and four thousand pesos for those employed in other municipalities. The employer will also be tasked to furnish the caregiver a copy of his pay slip containing the amount paid and deductions made.

The bill also seeks to have an annual incentive leave of five days with pay for caregivers who had rendered at least one year of service. The employers are also tasked to enrol their caregivers in the Social Security System, PhilHealth, Home Development Mutual Fund or Pag-IBIG. The premium payments and contributions shall be covered by the employer for those earning below 5,000 pesos.

“Forcing our caregivers to work 24 hours a day, seven days a week, is more than just abuse – it is torture. It is human cruelty. It deprives them the ability to grow in their personal lives. It deprives them of the opportunity to make beautiful memories with their spouses and children,” Roman said.