QuestionsQuestions (POEA Memorandum Circular No. 10)
It provides guidelines on the deployment and employment of Filipino Foreign Construction Workers (FCWs) to Japan under the Foreign Construction Workers Acceptance Program (FCWAP), covering the period 1 April 2015 to 31 March 2021.
CTITP (Construction Technical Intern Training Program) is a technical intern training activity under specified construction occupations. To become an FCW under the FCWAP, the worker must have completed the CTITP (approximately two years).
An FCW is a worker who has completed the CTITP and is engaged in Designated Construction Activities as a worker employed under contract by an Accepting Construction Company.
Any activity designated by the Minister of Justice under the Immigration Act, carried out by FCWs under employment contracts with Accepting Construction Companies and under the responsibility of their Designated Supervising Organizations.
An SO is an entity certified by the government institute of each country or certified under the standard set by the sending government; in this context, it refers to a duly registered Philippine organization/Philippine recruitment agency licensed by the POEA to select workers, provide pre-deployment education, and send FCWs under the FCWAP.
It must select appropriate FCW candidates (with DSO consultation), comply with Philippine legal procedures and documentation for residence/deployment, inform workers of the program system and responsibilities, monitor deployed workers in coordination with DSOs, and cooperate in resolving issues involving accidents, crimes, and runaways (communicating with workers onsite and their families).
It must inspect/confirm proper implementation by the Accepting Construction Company, coordinate with the SO to find ACCs, do regular confirmation of working situation, provide a consultation system for FCWs’ concerns (life/work/job change), and cooperate with POLO Tokyo in resolving welfare and labor-related problems.
It must notify the DSO within two (2) weeks from the day the FCW starts engagement in DCAs; notify within two (2) weeks from the day the FCW resigns; report if the FCW becomes unable to conduct DCAs and the measures taken; keep a list and work log of FCWs for three-year storage after completion.
The FCW must engage sincerely in DCAs per instructions, stay in Japan alone (no family living together), not conduct any income/payment-related activity other than the certified one, keep passport and carry residence card at all times, and return home after completion of DCAs.
After completing CTITP: two (2) years. For those who returned to the Philippines after CTITP: two (2) years if re-entry is within one (1) year since leaving Japan; three (3) years if re-entry is beyond one (1) year. Maximum period in Japan as technical intern and FCW is five (5) years.
The new DSO must be certified by the MLIT as a DSO, and the work the FCW will be engaged in must be the same as the occupation/work name the worker completed in CTITP.
The worker must have participated in the CTITP for approximately two years and must have good conduct during the CTITP period.
A Standard Employment Contract for FCWs (Annex B) shall be used in processing FCW employment contracts under the FCWAP.
Salaries should be the same as or more than the amount paid to Japanese workers with the same level of skills, and the estimated amount of salaries for FCWs must exceed the payment for technical intern trainees.
DSOs/ACCs must secure housing. If an accommodation fee is collected, it must not exceed market price and must be fully explained itemized. Shared single-family house arrangements must keep per-person accommodation fees within the prescribed amount divided by number of occupants; repair/restoration costs during occupancy should be arranged in advance.
FCWs must have workers’ accident compensation insurance (employer charged), health insurance, and social insurance including employees’ pension insurance and unemployment insurance. Costs of health and social insurance are equally co-shared by employer and worker.
Collection of deposits from FCWs/their families is prohibited; collection of placement fees from workers by DSOs is prohibited; sending organizations cannot collect administrative fees to recover dispatch costs (these are charged to DSOs); and no fee of any kind can be collected directly or indirectly for selection/placement.
Exit clearance to FCWs must be processed through the POEA e-Sub and e-Payment system due to mandatory enrolment in the POEA e-Payment System (per POEA Memorandum Circular No. 5, s. 2015 dated 17 April 2015).
They must register anew with POEA under FCWAP. Requirements include: POLO accreditation certificate, POLO-verified documents such as Special Power of Attorney/recruitment agreement with the PRA, job order indicating positions and salary, commercial registration/business license, MLIT certification of DSO, MLIT certification of Appropriate Supervision Plan for ACC, and Master Employment Contract between ACC and worker.
It takes effect immediately, must be published in a newspaper of general circulation, and must be filed with the Office of the National Administrative Register.