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(NAR) VOL. 14 NOS. 1-2 / APRIL - JUNE 2003

[ POEA GOVERNING BOARD RESOLUTION NO. 02, s. 2003, May 23, 2003 ]

GENERAL POLICIES RELATIVE TO THE RECRUITMENT AND DEPLOYMENT OF FILIPINO OVERSEAS PERFORMING ARTISTS TO JAPAN



WHEREAS, it is the general policy of the government to promote the welfare and protection of Filipino migrant workers, including overseas performing artists bound for Japan;

WHEREAS, the opportunities presented by the Japan labor market for Filipino OPAs is substantial and important for the growth of the overseas employment industry;

WHEREAS, there is a need to rationalize the existing regulations on the recruitment and deployment of Filipino OPAs to Japan in order to adapt it to developments in host country and Philippine regulations;

WHEREAS, Section 12, Rule I Part III of the POEA Rules and Regulations Governing the Recruitment and Employment of Landbased Workers provides that the registration of principals in countries with unique or special conditions of employment shall be governed by guidelines to be prescribed by the Administration;

NOW, THEREFORE, the POEA Governing Board, in a meeting duly convened, hereby resolved, as it is hereby resolved, to authorize the Administrator of the POEA to promulgate the necessary amendatory guidelines relative to the recruitment and deployment of Filipino overseas performing artists to Japan. The new guidelines shall facilitate the procedures for verification and registration of principals by the Philippine Overseas Labor Offices and the POEA, respectively and the issuance of POEA exit clearances to workers, without prejudice to their welfare and protection.

It is also hereby further resolved that the following general policies shall be embodied in the guidelines:

  1. Verification by POLOs. The special power of attorney issued by the principal to the Philippine agency and the manpower requests of the principal shall be verified by the POLO. A certificate of verification, valid for one year, shall be issued by the POLO to the principal together with the verified documents. The POLO shall also verify individual employment contracts of workers upon issuance by the Japanese immigration of their certificate of eligibility.
     
  2. Agencies seeking registration of Japanese principals shall submit the following documentary requirements to POEA:
     
    • Certificate of Verification from the POLO
    • Verified and authenticated Special Power of Attorney (SPA)
    • Verified and authenticated manpower request
    • Escrow agreement and deposit of US$20,000 or its equivalent in Philippine currency deposited in a commercial bank in the Philippines.

    The individually verified/authenticated employment contract of the worker shall be a requirement for issuance of the POEA exit clearance.
     
  3. Requirements in the employment contract. The employment contract for OPAs bound for Japan shall include provisions on worker coverage in a health, hospitalization and death insurance at a minimum amount of Y3 million for each of the risks insured and such insurance shall be obtained in the worksite from an entity duly registered by the proper Japanese authority. It shall also specify a minimum gross compensation of Y200,000 inclusive of a maximum monthly food allowance of Y30,000 and maximum monthly accommodation allowance of Y30,000 and subject to authorized deduction for income tax at 20 percent of the gross compensation. The worker's net compensation shall not be lower than Y100,000 per month.

All issuances or parts thereof inconsistent with the provisions of this resolution are hereby repealed or modified accordingly.

Adopted: 23 May 2003

                                                 
(SGD.) PATRICIA A. STO. TOMAS
  Secretary of Labor and Employment and Chairman of the Board
  
(SGD.) VICENTE F. ALDANESE
Member
(SGD.) GREGORIO S. OCA
  Member


(SGD.) EZEKIEL T. ALUNEN
  Member
(SGD.) LUZVIMINDA L. ELBINIAS
Member

(SGD.) ROSALINDA DIMAPILIS-BALDOZ
  Member

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