Caregivers’ welfare law lauded
A GROUP of caregivers in the country said the Caregivers Welfare Act now under implementation will reduce the likelihood of them seeking employment abroad as their wages and benefits will be secured.
Caregivers of the Philippines Association, Inc. (CPAI) said the compensation granted by the law would encourage caregivers not to go overseas for work, citing that most domestic caregivers currently receive salaries below the minimum wage and were denied employment benefits.
President Ferdinand R. Marcos, Jr. signed Republic Act 11965 on Nov. 23, guaranteeing caregivers overtime and night shift pay in line with regional minimum wages. The law also mandates their coverage under the Social Security System, Philippine Health Insurance Corp., and Home Development Mutual Fund.
Caregivers said the law empowers them to negotiate salaries higher than the minimum wage based on the difficulty of caring for assigned clients.
“According to the law, our salary won’t fall below the minimum wage, allowing adjustments based on negotiations between the employer and caregiver,” CPAI President Milaflor Valdez said in Filipino in an interview.
In a statement in support of the measure, the Commission on Human Rights (CHR) said caregivers consider working abroad as they earn inadequate wages in the country, on top of having no full labor rights. The CHR cited a study showing that domestic caregivers only receive P19,507 per month on average which is significantly lower than the average monthly rate of P140,000 and P190,000 in the United States and Great Britain, respectively.
The Philippine Association of Health Care Professionals (PAHCP) said the law would have a significant impact on the healthcare sector. “By formalizing what was once an informal arrangement, we not only secure social protection for our caregivers but also recognize their indispensable role in healthcare,” said PAHCP President Lorena Escaño.
Pro-labor coalition Federation of Free Workers said the new law redefines domestic caregivers’ employment status, transitioning from “independent contractors” to employees with full coverage under labor standards law.
“This act not only provides much-needed legal protection to our caregivers but also uplifts their dignity and acknowledges their invaluable contribution to our society,” said FFW President Jose “Sonny” G. Matula in a statement.
The law also grants caregivers the right to terminate their contract at any time before its expiration in case of physical, verbal, or emotional abuse.”
“As we recognize the important role of our caregivers in national development, we must ensure they are protected against abuse, harassment and economic exploitation,” Senator Emmanuel Joel J. Villanueva, one of the co-authors of the law, said in a statement.
Under the law, employers must pay caregivers every two weeks or twice a month, with intervals not exceeding 16 days. Employers are also obligated to provide caregivers with basic necessities, including three meals a day for live-in arrangements, considering religious beliefs and cultural practices, along with humane sleeping conditions respecting the caregiver’s privacy.
All caregivers are entitled to overtime pay for exceeding eight hours a day, night shift differentials, and 13th month pay after at least one month of service. Those employed for a year are entitled to at least five days of annual service incentive leave with pay, in addition to other leave benefits provided by existing laws.
The law covers caregivers in private homes, nursing or care facilities, and other residential settings, including those hired through Public Employment Services Offices or Private Employment Agencies. — Jomel R. Paguian
