ADDITIONAL PROTOCOL TO THE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE STATE OF QATAR

Believing in the consolidation of mutual cooperation in the best interests of their citizens,

Desiring to update the provisions of the Agreement between the Government of the Republic of the Philippines and the Government of the State of Qatar Concerning Filipino Manpower Employment signed on 10 March 1997, (the Agreement),

Have agreed as follows:

ARTICLE (1)
The Department of Labor and Employment of the Republic of the Philippines and the Ministry of Labor of the State of Qatar shall represent the Republic of the Philippines and the State of Qatar respectively, in all matters relating to the implementation of the Agreement between the Government of the Republic of the Philippines and the Government of the State of Qatar Concerning Filipino Manpower Employment in the State of Qatar signed on 10 March 1997.

ARTICLE (2)
The Parties recognize that the recruitment of Filipino Manpower for the private sector in Qatar will be made through a Philippines recruitment agency duly licensed by the Department of Labor and Employment of the Republic of the Philippines.

ARTICLE (3)
The Parties shall review from time to time through the Joint Committee referred to in Article (13) of the Agreement, the possible employment opportunities in the State of Qatar including the general information regarding development plans in the State of Qatar, projected employment opportunities thereunder for particular labor categories or skills, the expected duration of these employment opportunities, and the availability or the desire of Filipino citizens to make use of them.

ARTICLE (4)
The Joint Committee referred to in Article (13) of the Agreement shall meet once a year, alternately in each of the two States. It shall also meet when the need arises.

ARTICLE (5)
The conditions of employment of Filipino workers pursuant to Article (6) of the Agreement shall be as stated in the Model Contract attached to this Additional Protocol.

ARTICLE (6)
The “breach” committed by the worker leading to his dismissal from work without notice and without end of service gratuity is to be understood as any one of the instances referred to in Article 61 of the Labor Law of the State of Qatar No. 14 (2004).

ARTICLE (7)
In cases where differences or disputes are referred to the competent judicial authorities in the State of Qatar in accordance with Article 10 of the Agreement information to that effect shall be conveyed by the competent authority of the Ministry OF Labor to the Embassy of the Philippines in Qatar.

ARTICLE (8)
Renewal of contracts of employment beyond their duration envisaged under Article 11b of the Agreement shall be made in writing. If the contract has not been renewed and the parties thereto continue to abide by it after the expiration of its duration and without an explicit agreement, Article 40 of the Labor Law of the State of Qatar No (14) 2004 shall apply.

ARTICLE (9)
The Government of the State of Qatar may take measures to repatriate any member of Filipino workers upon the expiry of their contracts of employment. It may also take the same measures before the expiry of the duration of the contracts when the need for the employment comes to an end, provided that in this latter case the wages of the workers and other rights accruing to them under the contracts of employment concluded with them or under the labor Law of the State of Qatar, No. 14 (2004) be paid to them before repatriation for the entire unavailed period of the contract.

ARTICLE (10)
The Government of the State of Qatar may repatriate any number of Filipino workers if their presence in the State of Qatar becomes contrary to public interest or the national security of the State, with information thereon communicated to the Embassy of the Philippines in the State of Qatar, provided that their wages and other rights accruing to them under the contract of employment and the Labor Law of the State of Qatar No. 14 (2004) are paid to them before repatriation for the entire unavailed period of the contract of employment.

ARTICLE (11)
The Republic of the Philippines reserves the right to refuse the recruitment of any Filipino national if it is contrary to the interests of the Filipino national, the public interest or the security of the Republic of the Philippines.

ARTICLE (12)
This Additional Protocol which shall be considered as an integral part of the Agreement, shall remain in force for the duration of the Agreement. It shall enter into force from the date of the later written communication through diplomatic channels indicating that the internal requirements for its entry into force have been complied with.

Concluded in two original copies in English and Arabic, both texts are being equally authentic. In case of divergence in the texts of difference of interpretation, the English text shall prevail.

Done at Doha, Qatar on the 19^th day of SHAWAL 1429 AH corresponding to the 19^th day of October 2008 AD.   

 

For the Government of the     Republic of the      Philippines	For the Government of the     State of Qatar
(Sgd.) Honorable Marianito D. Roque Secretary of Labor and Employment Republic of the Philippines	(Sgd.) Dr. Sultan bin Hassan Al-Dosari Minister of Labor State of Qatar

Entry into Force: Provisional October 19, 2008