In our lives, caregivers have played an integral role, from the moment we are born, during times when we are ill or incapacitated, or during old age. Their roles are indispensable, yet for far too long, they are vulnerable in the absence of legal protection.
By definition of the law, a “caregiver” refers to licensed health care professionals voluntarily registered with the Department of Labor and Employment (DOLE) and those duly assessed and certified by TESDA. They may be employed directly, full time or part time, part of a private household or nursing facility. To put it simply, a caregiver is someone who gives care to another individual or group of people.
Over the years, there has been no definitive law protecting a caregiver. This absence has led to a litany of abuses — substandard wages, unfair employment terms, substandard working conditions, etc. The list goes on, and this cycle of abuse has placed a burden on caregivers who only want to have a decent employment.
This cycle, however, doesn’t need to go on with the signing of President Ferdinand R. Marcos Jr. on Nov. 23, 2023, of a law that sets policies aimed at protecting the rights and welfare of caregivers. This is Republic Act (RA) 11965 or “An Act Institutionalizing Policies for the Protection and Welfare of Caregivers in the Practice of their Occupation.”
“It is hereby declared the policy of the State to recognize the role of caregivers in national development and to institute policies in the practice in the occupation with the end in view of developing competent caregivers whose standards of professional service shall be excellent and globally competitive,” according to RA 11965.
Under this new law, caregivers are assured that their rights are protected. They must be entitled to an employment contract guaranteeing at least a daily minimum wage. They fall under the coverage of existing labor laws, ensuring overtime pay for extended working hours and night shift differentials for those working in the evening. Add to these, they should be paid on time, either once every two weeks or twice a month at intervals not exceeding 16 days.
With the law, they are also entitled to a 13th-month pay, paid leaves, plus coverage by SSS, PhilHealth, and Pag-IBIG. Departments such as DOLE, TESDA, and the Migrant Workers (DMW) are tasked to oversee the implementation of the law. The DMW is also mandated to oversee protection of Filipino caregivers being deployed overseas.
The signing of the law by the President was welcomed by various sectors, especially among those who have noted that this is not only timely but relevant in this day and age when Filipino caregivers are in such high demand here and abroad.
“As we recognize the important role of our caregivers in national development, we must ensure they are protected against abuse, harassment, and economic exploitation,” said Sen. Joel Villanueva, one of the co-authors of the law.
All laws signed by the President are relevant in their ways and in the national context, but RA 11965 marks a significant milestone as it finally recognizes the invaluable contributions of thousands of caregivers — unsung heroes — who tirelessly care for the sick, the vulnerable, the elderly. This law is long overdue, yet we welcome its arrival as this signifies that the nation is finally ready and legally able to truly care for its caregivers.
