MEMORANDUM OF COOPERATION IN THE FIELD OF LABOUR MARKET BETWEEN THE DEPARTMENT OF MIGRANT WORKERS OF THE REPUBLIC OF THE PHILIPPINES AND THE MINISTRY OF LABOUR, PENSION SYSTEM, …
The Department of Migrant Workers of the Republic of the Philippines, and the Ministry of Labour, Pension System, Family and Social Policy of the Republic of Croatia, hereinafter referred to individually as “Participant” and collectively as the “Participants”;
WHEREAS, the Participants recognize the labour market trend in both countries;
WHEREAS, the Participants jointly decided to boost employment and contribute to tackling the problems of unemployment;
WHEREAS, the Participants jointly decided to strengthen amicable relationship and cooperation in the field of labour market development;
WHEREAS, the Participants are aware of the importance of enhancing economic and social performance In both countries through mutual cooperation;
WHEREAS, the Participants jointly decided to deepen and strengthen mutual relationship through exchange of experience related to the implementation of employment policies.
THEREFORE, the Participants have reached the following understanding:
Paragraph 1
Objectives
The Participants decided to, in cooperation with national Institutions, consider Issues of the labour market functioning at the national level, identify common problems, and by exchanging positive experiences in the implementation of relevant solutions, enhance institutional capabilities in the field of labour market and employment.
Under this Memorandum of Cooperation (hereinafter referred to as Memorandum), both Participants agree that the term “General Workers” shall refer to all Philippine nationals employed in the Republic of Croatia by virtue of employment contracts, excluding those working in the healthcare related sector.
Paragraph 2
Coverage
The cooperation of the Participants will take place through the exchange of experiences In the following priority areas:
| a. | enhancement of performance of employment services; | |
| b. | provision of services to employers; | |
| c. | provision of services to job seekers; and | |
| d. | international employment mediation. |
Areas of Cooperation
| A. |
The Participants decided that, In order to enhance the performance of employment services, they will:
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| 1. |
Encourage the development of mutual cooperation and exchange information on labour market, labour, occupational health and safety, relevant legislation and employment policies,
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Share experience In the Implementation of national legislation in the field of labour market and employment as well as exchange of statistical data, publications and labour market data analysis (by sharing sources, topics, methodologies and analysis results);
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| 3. |
Cooperate on the implementation of joint projects in the European and other International programs;
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Exchange experience and knowledge in the field of IT development;
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| 5. |
Promote fair, ethical, and equitable recruitment and employment practices;
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Promote anti-illegal recruitment and anti-human trafficking activities; and
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Collaborate to resolve any issues arising from the administration of any provision in this Memorandum.
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| B. |
The Participants decided that within the area of the provision of services to employers, they will:
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| 1. |
Exchange experience and information collected through labour market research (employers’ surveys, labour force mobility monitoring, and undeclared work control);
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Exchange experience and Information on employment programme;
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Exchange experience and Information on development of active labour market policies and other issues related to the labour market development; and |
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Actively cooperate with other relevant national authorities on matters within their competence, to strengthen the enforcement of legal measures against employers and other entities or individuals for any violation of applicable laws, rules and regulations, Including those relating to trafficking In persons and modern-day slavery.
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| C. |
The Participants decided that, within the area of provision of services to job seekers according to labour market needs, they will:
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Exchange information on education and training models for eligible workers according to labour market needs;
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Exchange experience In the field of career guidance as well as professional rehabilitation and employment of persons with disabilities;
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Exchange experience and information on methodologies for identification of labour market needs in the vocational education;
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Exchange experience and information on the benefits of legal employment and mandatory pension and health Insurance coverage for migrant workers working in Croatia, regardless of nationality;
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Exchange existing information on the measures of protection against fraud in recruitment and employment activities;
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| 6. |
The Ministry of Labour, Pension System, Family and Social Policy of the Republic of Croatia provides information on the knowledge, skills and competencies for occupations according to the Identification of the labour market needs for the purpose of organizing training activities in the Republic of the Philippines;
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Provide information on the procedures of recognition and assessment of qualifications, skills, education credentials, and experience of Filipino workers, in accordance with the national regulations;
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Support programmes that aid In the reintegration of workers; and
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| 9. |
Establish other areas of collaboration as may be needed to pursue these areas of cooperation.
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| D. |
The Participants decided that, within the area of international employment mediation, they will: |
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Cooperate and exchange Information and experience in the field of International employment mediation;
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Provide access to all necessary measures that extend legal and social protection to workers, in accordance with their respective laws and regulations; and
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Draft a separate Protocol in order to elaborate the procedure of mediation between Participants, in accordance with their respective national regulations.
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Paragraph 4
Recruitment and Selection of Workers
| 1. |
The Croatian Employment Service and/or duly accredited private recruitment agencies/employers registered with the Ministry of Labour, Pension System, Family and Social Policy of the Republic of Croatia will carry out the recruitment services and sourcing of Filipino workers from the Republic of the Philippines in accordance with the national legislations of both countries.
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The Department of Migrant Workers, through its attached agency, the Overseas Workers Welfare Administration (OWWA), shall conduct a mandatory Pre-Departure Orientation Seminar (PDOS) for the successful candidates. The Ministry of Labour, Pension System, Family and Social Policy of the Republic of Croatia will endeavor to provide country specific Inputs for the benefit of the workers.
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| 3. |
The Department of Migrant Workers shall Issue an exit clearance to successful candidates prior to departure. |
Paragraph 5
Joint Committee
| 1. |
Within thirty (30) days from the effective date of this Memorandum, the Participants will establish a Joint Committee which will consist of representatives of, and will be co-chaired by, both Participants.
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| 2. |
The Joint Committee will monitor, assess and evaluate the application of this Memorandum; develop and implement a detailed work plan; and make the necessary recommendations to resolve any matters which may arise in its application.
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| 3. |
The Joint Committee will conduct an annual meeting, and upon the request of either of the Participants, may hold a special meeting, whether In person or via electronic means. |
Paragraph 6
Resolution of Differences
Any differences between the Participants arising out of the Interpretation or application of this Memorandum shall be resolved amicably by consultation or negotiations through the Joint Committee or through diplomatic channels.
| 1. |
The Memorandum shall take effect on the date of the later written notification by the Participants, through diplomatic channels, indicating that the domestic requirements for its effectivity have been complied with.
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The Memorandum will continue to be effective for a period of four (4) years from the date of its effectivity and will be automatically renewed for the same period, unless either one of the Participants signifies in writing, through the Joint Committee, of its intention to terminate this Memorandum.
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In the case of its termination, projects and programmes which have been commenced shall be continued based on the period that was previously set, unless otherwise agreed upon by the Participants n writing. |
Signed in [alt. at] Zagreb on 4 October 2024 in two originals, each in the English and Croatian languages, both texts being equally authentic. In case of any divergence in the interpretation, the English text will prevail.
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For the Department of Migrant Workers
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For the Ministry of Labour, Pension,
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Republic of the Philippines
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System, Family and Social Policy
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Republic of Croatia
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(SGD.) Hans Leo J. Cacdac
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(SGD.) Marin Piletic
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Secretary
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Minister
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