5. Caregivers (RA 11965; DO 254, s. 2025)

Caregivers (RA 11965)

Concept

RA 11965 protects caregivers employed and working in the Philippines in private homes, nursing or care facilities, and other residential settings. It covers caregivers hired directly and those placed through a Public Employment Service Office (PESO) or private employment agency (PEA). Its policy is to develop competent caregivers while protecting their rights to decent employment and income and against abuse, harassment, violence, and economic exploitation. (Sec. 4, Rep. Act No. 11965)¹ (Sec. 2, Rep. Act No. 11965)²

Governing provisions

A caregiver under the Act is at least 18 years old and renders the services described in Section 7. The definition includes licensed health care professionals who voluntarily list themselves with DOLE as caregivers, and persons assessed and certified by TESDA through the qualifications, allied health care education, or prior-learning and experience routes specified in the Act. The Labor Code applies suppletorily to RA 11965. (Sec. 3, Rep. Act No. 11965)³ (Sec. 27, Rep. Act No. 11965)⁴

Requisites / Rules

• Before service begins, the caregiver and employer must execute an employment contract in a language or dialect both understand. The caregiver must receive a copy of the signed and notarized contract. (Sec. 5, Rep. Act No. 11965)⁵
• The contract must address duties, employment period, work arrangement, compensation, authorized deductions, working hours and additional or overtime pay, rest days and allowable leaves, board, lodging, medical attention, statutory benefits, termination, and any other lawful agreed condition. (Sec. 5, Rep. Act No. 11965)⁵
• Working hours are based on the parties’ contract and must accord with labor laws, rules, and regulations. Work beyond eight hours a day entitles the caregiver to overtime pay; a caregiver is also entitled to night shift differential. (Sec. 8, Rep. Act No. 11965)⁶
• Caregiving services may include assistance with daily activities and mobility; checking vital signs; assistance with exercises taught by a licensed rehabilitation science specialist; and assistance in administering home medication prescribed by a physician. (Sec. 7, Rep. Act No. 11965)⁷
• The services may also include accompanying clients to health-related appointments, assisting with health-related housekeeping within the client’s room, preparing food according to health-related needs, and other tasks directly related to clients’ health care, support, and assistance. (Sec. 7, Rep. Act No. 11965)⁷

Distinctions

Coverage does not turn on whether the employer engaged the caregiver directly or obtained a placement through PESO or a PEA. The Act addresses caregiving services across private homes and the specified care and residential settings, rather than limiting them to work in a household. (Sec. 4, Rep. Act No. 11965)¹

Key doctrines

The written contract identifies the agreed work arrangement and hours, but those hours remain subject to labor laws, rules, and regulations. Section 8 separately states the caregiver’s entitlement to overtime pay for work beyond eight hours a day and to night shift differential. (Sec. 5, Rep. Act No. 11965)⁵ (Sec. 8, Rep. Act No. 11965)⁶

Bar tip

In a coverage question, check the caregiver’s age and qualification, the nature and location of the services, and whether the work is within the Philippines. Then check the pre-service contract and the hours actually worked. (Sec. 3, Rep. Act No. 11965)³ (Sec. 4, Rep. Act No. 11965)¹ (Sec. 5, Rep. Act No. 11965)⁵ (Sec. 8, Rep. Act No. 11965)⁶