Title
Amended employment contract for Filipino artists in Japan.
Law
Poea Memorandum Circular No. 10
Decision Date
Feb 6, 1995
The amended Standard Employment Contract for Filipino performing artists bound for Japan establishes minimum employment standards, including compensation, working hours, and insurance provisions, to protect their welfare while ensuring compliance with Japanese laws.
A

Contracting Parties and Representation

  • Contract entered between the Japanese Employer (with a Philippine agent) and the Filipino Performing Artist.
  • Requires detailed information on the Employer, Philippine agent, and Performer including addresses and contact details.
  • Filipino talent manager details are also included.

Contract Duration and Effectivity

  • Duration specified with possibility of extension upon mutual agreement.
  • Contract becomes effective upon the Performing Artist’s departure from the Philippines.

Performance Venue

  • Specifies location and owner of the performance venue.

Compensation

  • Minimum monthly wage compliant with pertinent Japanese laws.
  • Computation starts from the date of departure from the Philippines.
  • Employer pays the Performing Artist directly on a monthly basis.

Working Hours, Rest Days, and Overtime

  • Maximum working hours capped at six hours per day.
  • Four rest days permitted per month.
  • Overtime compensated at prevailing Japanese rates.

Food and Accommodation

  • Provides for free accommodation and meals.
  • Alternatively, a minimum daily allowance of Y1,000 can be provided instead of food/accommodation.

Insurance Coverage

  • Employer must secure personal life and medical insurance in Japan worth Y3 million.
  • Insurance covers death, injury, and disability, whether work-related or not.
  • Beneficiary is the Performing Artist’s nearest kin.
  • This insurance is in addition to mandatory Philippine life insurance.

Repatriation of Remains

  • Employer bears all expenses for repatriation of the deceased Performing Artist’s remains and personal properties to the Philippines.
  • Proper funeral or disposition arrangements are to be made in coordination with the next of kin or Philippine Embassy/Consulate officials.

Transportation

  • Free transport to and from the place of employment.
  • Subject to conditions outlined, especially on termination.

Termination Conditions

  • No unilateral termination allowed except for just causes.
  • Employer may terminate for non-compliance by the Performing Artist, who then shoulders repatriation costs.
  • Performing Artist may terminate for inhuman or unbearable treatment or Employer violation of contract terms, with Employer bearing repatriation costs.

Remittances

  • Employer assists the Performing Artist in remitting part of monthly compensation to a designated beneficiary in the Philippines.

Unauthorized Deductions

  • Prohibits any penalty deductions aside from those expressly provided.

Dispute Settlement

  • Disputes or grievances must first be served in writing to the concerned party.
  • If unresolved, submission to the Philippine Labor Attache in Japan for conciliation or to the POEA.
  • POEA has original and exclusive jurisdiction over disputes arising from the contract.

Contract Modification Restrictions

  • No alterations, amendments, or substitutions allowed without written approval from the POEA or the Philippine Embassy in Japan.

Execution and Witnessing

  • Contract executed with signatures of Employer, Performing Artist, Philippine Embassy representative, and witnesses.
  • Formal acknowledgment is required.

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