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September 14, 1997


MEMORANDUM OF UNDERSTANDING ON LABOR AND MANPOWER DEVELOPMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE STATE OF KUWAIT

THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE STATE OF KUWAIT (hereinafter referred to as the "Parties")

CONFIRMING the existing fraternal ties between the Governments and peoples of the two Parties;

DESIRING to strengthen the existing bonds of friendship between them and support bilateral cooperative relations based on equality and mutual benefit;

WISHING to support cooperation and enhance coordination in the field of labor and manpower development;

HAVE AGREED AS FOLLOWS:

ARTICLE 1

Both Parties shall undertake to strengthen cooperation in labor and manpower development.

ARTICLE 2

Both Parties shall provide the necessary and relevant facilities for the fulfillment and promotion of such cooperation within the framework of existing rules and regulations of each country.

ARTICLE 3

Both Parties shall undertake to facilitate the mobilization and deployment of manpower between the two countries, within the framework of existing and applicable laws, rules, and regulations of each country.

ARTICLE 4

Both parties shall exchange visits and undertake consultations to share knowledge and experience on job creation and generation.

ARTICLE 5

The basic conditions for the rights, duties, and terms of employment, applicable to both the employer and the employee shall be set out in a mutually agreed individual contract of employment which conforms with the relevant laws, rules, and regulations of both countries.

ARTICLE 6

In the settlement of labor disputes arising from employee-employer relationships, the government authorities concerned of both parties, in accordance with their respective laws, rules and regulations, shall work towards an amicable settlement through negotiations, conciliation, and arbitration.

When efforts to amicably settle the dispute fail, the parties concerned may resort to the courts in accordance with their respective laws, rules and regulations.

ARTICLE 7

A Joint Committee shall be formed to carry out the following tasks:

a. to ensure the implementation of this Memorandum; and

b. to propose revisions of the Memorandum as necessary and resolve difficulties in its implementation.

The Committee shall meet whenever necessary upon request by either party.

ARTICLE 8

This Memorandum shall be valid for four (4) years. It shall enter into force on the date of the later notification by the Parties indicating compliance with their respective internal legal requirements for its entry into force.

This Memorandum shall be automatically renewed for the same period unless one Party notifies the other in writing, through diplomatic channels, of its desire to terminate or amend this Memorandum six (6) months prior to its expiration.

Done in Kuwait City this 14th day of September 1997 corresponding to 12 Jamada Al I 1418Hijra in two originals in the Arabic and English language, both texts being equally authentic. In case of conflict in interpretation, the English text shall prevail.

For the Government of the
Republic of the Philippines:

(Sgd.) LEONARDO A. QUISUMBING
Secretary of Labor and Employment

For the Government of the
State of Kuwait:

(Sgd.) AHMAD KHALID AL KULAIB
Minister of Social Affairs and Labor

Entry into Force: May 21, 1998



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