Question & AnswerQ&A (POEA MEMORANDUM CIRCULAR NO. 10)
The purpose of POEA Memorandum Circular No. 10, February 06, 1995, is to adopt and implement the amended Standard Employment Contract for Filipino Performing Artists bound for Japan to promote their general welfare and protect their interests.
The parties involved are the Japanese Agency (Employer) represented by its authorized Philippine agent, and the Filipino Performing Artist, with a Filipino Talent Manager also identified in the contract.
The contract duration is as specified in the contract and subject to extension for another 3 months upon mutual agreement. The contract becomes effective upon the performing artist's departure from the Philippines.
The contract provides for a maximum of six (6) hours of work per day.
Filipino performing artists are entitled to four (4) rest days per month.
The employer is required to provide free accommodations and free food, or in lieu thereof, a minimum daily allowance of Y1,000.
The employer is required to secure personal life and medical insurance in Japan for the performing artist in the amount of 3 million yen, covering work and non-work related injuries, death, and disability, with the artist's nearest kin as beneficiary.
The employer shall bear all expenses for repatriating the remains and personal properties of the deceased performing artist to the relatives in the Philippines.
The employer may terminate for non-compliance with contract terms, with the artist shouldering repatriation cost. The artist may terminate for inhuman or unbearable treatment or violation of contract terms by the employer, in which case the employer shoulders repatriation expenses.
Disputes must first be made in writing and served to the other party. If unresolved, they are submitted to the Philippine Labor Attache in Japan for conciliation or to the POEA, which has original and exclusive jurisdiction over such disputes.
Yes, no deductions in the form of penalties or other unauthorized amounts are allowed from the artist's compensation.
No provision of the contract may be altered, amended, or substituted without written approval from the Philippine Overseas Employment Administration or the Philippine Embassy in Japan.
The POEA or the Philippine Labor Attache in Japan has original and exclusive jurisdiction over disputes related to this contract.