The Caregivers’ Welfare Act, or Republic Act No. 11965, was signed into law on November 23, 2023, with the goal of protecting and promoting the rights and welfare of caregivers employed and working in the Philippines. This landmark legislation recognizes the vital role of caregivers in supporting individuals who need assistance due to age, illness, or disability. Since the law was enacted after the cut-off date for Bar 2024 coverage, it will be included for the first time in the 2025 Bar Examinations, making it a timely and essential topic for all Bar takers to study.
The law sets clear labor standards for caregivers employed in private households or health care settings, whether hired directly or through an agency. It requires that all caregivers be employed under a written contract specifying the job description, duration of employment, salary, benefits, work schedule, and other arrangements. A copy of the signed and notarized contract must be provided to the caregiver. DOLE is tasked with issuing a model employment contract to assist both employers and caregivers.
The law defines a caregiver as a person at least 18 years old who provides personal care, support, and assistance to clients in private homes, nursing or care facilities, and other residential settings. A caregiver may include licensed health care professionals listed as such with the Department of Labor and Employment, or any person who possesses caregiving certificate accredited by the Technical Education and Skills Development Authority.
As to labor standards, caregivers are entitled to no less than the applicable minimum wage, plus mandatory benefits such as SSS, PhilHealth, HDMF, and 13th month pay. They are also entitled to five days of paid leave annually after rendering at least one year of service, in addition to other leave benefits under existing laws. The law also limits working hours to eight hours per day, with overtime or night shift differential pay, if applicable. If the caregiver resides in the employer’s home, the employer must provide adequate meals and humane sleeping arrangements at no cost. In cases of unjust dismissal or termination without just cause, the employer is required to pay indemnity equivalent to 15 days of work. Needless to say, the caregiver must be paid for compensation already earned.
On the other hand, caregivers are expected to perform their duties faithfully, maintain confidentiality, and respect the privacy and dignity of their clients. All information and communication pertaining to the client, employer, or members of the household shall be treated as privileged and confidential, and shall not be publicly disclosed by the caregiver at any time during and after employment without the consent of the said client, employer, or household members, except in a civil case for damages or a criminal case for an offense committed against the caregiver.
From a Bar exam perspective, RA 11965 is particularly relevant under Labor Law topics such as labor standards, special employment relationships, and statutory benefits. Examinees may be asked to distinguish between a caregiver covered by this Act and a domestic worker under the Kasambahay Law. In this regard, take note of Section 7, which provides illustrative examples of a caregiver’s duties. You may also be asked to analyze the remedies available to a caregiver who is dismissed without just cause. Additionally, take note of the rule on privileged communication under Section 17, which may be relevant when reviewing the Rules on Evidence.
Since this law supplements, but does not repeal, existing labor protections, understanding its interplay with the Labor Code is crucial, especially for situational or problem-based questions.
In sum, RA 11965 is a long-overdue legal recognition of caregivers as vital members of the labor force, now backed by enforceable rights and standards. As Bar examinees, knowing this law is not just about passing the exam, it’s about preparing to protect vulnerable workers in practice.