MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE UNITED ARAB EMIRATES IN THE FIELD OF MANPOWER
The Government of the Republic of the Philippines and the Government
of the United Arab Emirates (herein after referred to as the Parties),
bearing in mind the friendly and cooperative relations between the two
countries and their people; respecting the regulation of equality and
mutual benefit, with a view to promoting existing healthy relations by
means of bilateral labor service cooperation, recognizing the benefits
to be derived from such cooperation;
Desiring to enhance .the existing friendly relations between the two
countries through cooperation in the field of manpower based on the
principle of mutual benefit;
Recognizing the benefits to be derived by both countries from close cooperation in the field of manpower:
Pursuant to the prevailing laws and regulations in the respective countries;
Have agreed as follows:
ARTICLE 1
For the purposes of this Memorandum of Understanding: the term
“manpower” shall mean all the temporary contractual expatriate workers
employed in the U.A.E. for a certain period of time.
ARTICLE 2
The Department of Labor and Employment of the Republic of the
Philippines and the Ministry of Labour of the U.A.E. shall implement the
provisions of this Memorandum of Understanding.
ARTICLE 3
Recruitment of manpower in the Philippines and its workers’ entry
into the U.A.E. shall be regulated in accordance with the relevant laws,
rules and procedures of the Parties.
ARTICLE 4
Manpower placed in the U.A.E. pursuant to this Memorandum of
Understanding shall perform work for the employer and shall be recruited
through selection according to the needs of the U.A.E., and shall be
given protection pursuant to the1 labour laws and regulations in force
in both countries.
ARTICLE 5
The applications .for workers shall state the required specifications
and qualifications for the jobs and types of jobs needed. They shall
include the conditions of employment especially the salary,
accommodation, transportation and any other relevant terms which shall
be verified by the Ministry of Labour in the U.A.E.
ARTICLE 6
1. The terms and conditions of employment of workers in the U.A.E.
shall be defined by a separate labour contract between the worker and
the employer. The contract shall clearly state the rights and
obligations of the worker and the employer and shall be in conformity
with the provisions of Philippine and U.A.E. labour laws and
regulations. Such contract shall be verified and authenticated by the
U.A.E. Ministry of Labour.
2. All stipulations in the labour contract signed by the worker and
the employer should not deviate from the contract signed by the same
worker and employer submitted to the U.A.E. Ministry of Labour and the
Philippine Government for verification purposes.
3. A standard labour or model contract shall be drafted jointly by
the joint Committee, as stated in Article 10 below, as part of its
functions.
ARTICLE 7
The labour contract shall be written in its English and Arabic
versions in every page and shall be the only authentic versions
recognized by the Ministry of Labour and the law courts in the U.A.E. In
case of any dispute arising in relation to the provisions of the labour
contract between the-employer and the worker, the Arabic version shall
prevail when the dispute is referred to the concerned authorities in the
U.A.E.
ARTICLE 8
Workers shall have the right to remit all their savings to their
country of origin or elsewhere in accordance with the financial
regulations in the U.A.E.
ARTICLE 9
In case of dispute between the employer and the worker, complaint
shall be presented to the relevant authorities in the U.A.E. to endeavor
for an amicable settlement. If no amicable settlement is-reached, the
complaint shall be referred to the competent judicial authorities in the
U.A.E. for settlement.
ARTICLE 10
A joint committee, composed of an equal number of representatives
from both Parties, shall be created for the implementation of the
provisions of this Memorandum of Understanding. The joint Committee
shall organize working meetings, consultations and workshops, and shall
meet alternately in their respective countries, at least once a year or
whenever deemed appropriate.
ARTICLE 11
Any amendment or revision to the text of this Memorandum of
Understanding shall be done in writing by mutual consent of the Parties,
through diplomatic channels. Such amendment or revision shall enter
into force in accordance with the provisions of Article 13.
ARTICLE12
Any dispute between the Parties arising out of the interpretation or
implementation of this Memorandum of Understanding shall be settled by
consultations or negotiations, through diplomatic channels.
ARTICLE 13
This Memorandum of Understanding shall enter into force provisionally
on the date of signature. It shall enter into force definitively on the
date of later written notification by the Parties, through diplomatic
channels, indicating that the domestic requirements for its entry into
force have been complied with.
ARTICLE 14
This Memorandum of Understanding shall remain in force for a period
of five (5) years and may be extended for a similar period unless one
party officially notifies the other of its desire to suspend or
terminate this Memorandum of Understanding six (6) months prior to its
intended date of expiration. Unless otherwise agreed, its suspension or
termination should not prejudice the completion of existing and valid
contracts initiated under this Memorandum of Understanding by the joint
Committee established under Article 10.
In witness whereof the undersigned being duly authorized by their
respective governments have signed this Memorandum of Understanding.
Done in the City of Manila on the 9th of April in the year two
thousand and seven in the Arabic and English languages, both texts being
equally authentic,
Republic of the Philippines
United Arab Emirates
ABDULLA
AL-KAABI