MEMORANDUM OF AGREEMENTBETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THEGOVERNMENT OF THE KINGDOM OF CAMBODIA CONCERNING THE COOPERATION IN THE FIELD OF LABOUR

RESPECTING the principle of equity and mutual benefits;

DESIRING to establish and enhance the distinguished relations between the Parties and to promote their cooperation for the national interest in strengthening economic growth of the two countries:

SHARING a common aspiration to promote sound labour policies and practices, to improve the capacities and capabilities of both countries in improving working conditions, enhancing skills of manpower, improving social security, efficiently managing the migration for employment and preventing as well as combating the labour trafficking between the two countries,

Have agreed as follows:

Article 1
For the purpose of this Memorandum of Agreement (hereinafter referred to as “MOA”). the competent authorities shall be:

a)	Department of Labor and Employment, on behalf of the Government of the Republic of Philippines.
b)	Ministry of Labour and Vocational Training, on behalf of the Government of the Kingdom of Cambodia;

The Parties shall work towards the encouragement of the technical cooperation between the two countries in the field of labour including the following:

a)	Exchange of systems, studies, expertise, research and information on different areas including (but not limited to) comparative study on labour, employment and as well as labour administration, e.g. collective bargaining, laws enforcement and compliance, labour dispute resolution, social security, labour protection, freedom of association, occupational safety and health, management of foreign workers: and the exchange of information on the enhancement of the productivity;
b)	Encouragement of the exchange of visits of personnel in charge of and experts;
c)	Management of migration for employment among the countries,
d)	Exchange of information for preventing the illegal recruitment and employment of workers as well as to prevent and combat the labour exploitation and trafficking in person;
e)	Development of joint efforts to promote and protect the welfare and rights of migrant workers to include providing legal assistance to migrant workers;
f)	Cooperation with labor sending and receiving countries on the promotion and protection of the welfare and rights of migrant workers:
g)	Any other areas of cooperation in the field of labour agreed upon between the Parties, to include equitable access to social security as part of the general respect of the fundamental human rights of migrants and migrant workers.

Article 3
The Parties shall cooperate on skill development, knowledge and technical sharing in order to upgrade skill of manpower and enhance labour productivity.

Article 4
The activities under article 2 and article 3 may be implemented through a variety of means, such as the exchange of best practices, information, manuals and expertise, joint projects, workshops and dialogue.

The arrangements shall be agreed upon by the Parties subject to their respective domestic laws, national interest, available resources and on a case-to-case basis.

The Parties may agree to conclude separate agreements on any specific areas for the activities undertaken under Article 2 and Article 3.

Article 5
Each competent authority shall designate a national focal point at senior official’s level to facilitate the communication between the Parties.

Article 6
In order to support the implementation of this MOA,the competent authorities of the Parties shall appoint officers to constitute a Technical Working Group of each of the Parties.

Through the consultations between the Parties, the Technical Working Groups, which were appointed in accordance with this article, may study, assist, monitor and advise on the process and the procedures of the implementation of this MOA.

Article 7
Each party shall be responsible for the travel, accommodation and subsistence costs of its delegation and personnel resulting from the implementation of this MOA including the Technical Working Group meetings.

The host Party shall facilitate the required local transportation for visiting delegations and for the logistic and secretarial costs pertaining to the meetings necessary for the implementation of this MOA.

Article 8
Any difference arising out of the interpretation or implementation of this MOA shall be settled amicably by consultations and/or negotiations between the Parties.

Article 9
This MOA shall enter into force on the date of the later written notification by either Party, through diplomatic channels, indicating that the domestic requirements for its entry into force have been completed.

This MOA shall have provisional effect upon the signing thereof pending the completion of the domestic requirements of the Parties as mentioned in the above paragraph.

This MOA shall remain in effect for 5 (five) years and may be renewed upon mutual consent. However, this MOA may be suspended or terminated by either Party if there is any justifiable reason and the termination shall take effect 60 (sixty) days following the date of written notice to the other Party.

This MOA shall remain effective during its ongoing renewal process unless one of the Parties requests for its termination.

Any amendment of this MOA may be made as agreed upon by the Parties through diplomatic channels.

Article 10
The termination of this MOA shall not affect the validity and duration of any ongoing action plans, projects and programmes until the completion of such projects and programmes.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this MOA.

DONE in Phnom Penh, on the 14th of December 2016. in two originals, in Khmer and English languages, all texts being equally authentic. In case of divergence in interpretation, the English text shall prevail.
 

FOR THE GOVERNMENT OF	FOR THE GOVERNMENT OF
THE REPUBLIC OF PHILIPPINES	THE KINGDOM OF CAMBODIA
(Sgd.) PERFECTO R. YASAY, JR.	(Sgd.) ITH SAMHENG
Secretary of Foreign Affairs	Minister of Labour and Vocational
	Training