Caregivers working in the Philippines can now be assured of legal protection against abuse and harassment in the workplace.
This, after President Ferdinand “Bongbong” Marcos, Jr. recently signed Republic Act No. 11965, which aims to institutionalize the policies that protect the rights and welfare of domestic caregivers.
Under the new law, caregivers, aside from receiving wages “not less than the minimum wage” in their respective regions, will also enjoy other benefits such as thirteenth-month pay, leave benefits, coverage on SSS, PhilHealth, and Pag-IBIG; other necessities such as meals; and medical assistance.
Employers and caregivers are now also required to enter into an employment contract that clearly specifies duties and responsibilities; period of employment; work arrangement; compensation; authorized deduction; work hours and overtime pay; rest days and allowable leaves; board, lodging, and medical attention; other required benefits; employment termination; and other lawful conditions that “both parties” agreed to.
Caregivers will also be given a national certificate issued by the Technical Education and Skills Development Authority (TESDA); a caregiver training certificate issued by TESDA or accredited schools; a medical certificate; a National Bureau of Investigation (NBI) clearance or police clearance; and a barangay clearance as proof of their qualifications.
Caregivers may terminate their contract when experiencing verbal or emotional abuse, inhumane treatment, a commission of a crime against the worker, a violation of the terms and conditions of the existing employment contract, or the possible acquisition of disease from another member of the household.
On the other hand, employers may terminate the contract when the employee performs disobedience, gross or habitual neglect, fraud or breach of trust, commission of a crime, violation of terms and conditions, or has a disease that is “prejudicial to the health of the client."
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