Title
Guidelines for Filipino Foreign Shipbuilding Workers
Law
Poea Memorandum Circular No. 10-a
Decision Date
Aug 14, 2015
The POEA Memorandum Circular No. 10-A establishes guidelines for the deployment and employment of Filipino Foreign Shipbuilding Workers in Japan under the Foreign Shipbuilding Worker Acceptance Program, detailing the roles of sending organizations, accepting companies, and workers, as well as requirements for contracts, salaries, and welfare protections.
A

Roles, Duties, and Responsibilities of Participating Organizations

  • Sending Organization: Selects FSW candidates, implements legal procedures for deployment, informs workers about the program, monitors them, and cooperates in problem resolution.
  • Designated Supervising Organization: Inspects and instructs Accepting Shipbuilding Company compliance, coordinates closely with Sending Organizations, confirms working conditions, assists FSW consultations, cooperates with POLO-Tokyo on welfare and labor issues.
  • Accepting Shipbuilding Company: Notifies DSO of employment/resignation, maintains records, reports issues, and cooperates with DSOs and POLO-Tokyo.
  • Foreign Shipbuilding Worker: Performs DSA with sincerity, stays in Japan alone, refrains from unauthorized activity, keeps documents, returns home after employment, applies acquired skills for industry development.

General Provisions on Deployment and Employment

  • Job Categories: Nine job categories and fifteen works defined under the program.
  • Period of Stay: Two years after STITP completion; returning FSWs may stay up to two or three years depending on re-entry timing; maximum of five years total.
  • Job/Employment Change: Requires a certified new DSO and the same occupation/work completed during STITP.

Qualification Criteria for FSWs

  • Must have completed approximately two years in STITP.
  • Must have good conduct during training.

Terms and Conditions of Employment

  • Employment Contract: Use of the standardized employment contract.
  • Salary: Must be equal to or higher than Japanese workers of similar skills, exceeding technical intern trainees’ salaries.
  • Housing: Organizations must secure housing; accommodation fees cannot exceed market prices and must be properly explained; shared accommodation fees must be fairly divided.
  • Insurance: Mandatory workers’ accident compensation, health insurance, and social insurance (pension, disability, unemployment); costs shared equally between employer and worker.

Prohibition on Fee Collection

  • No deposits or placement fees collected from workers or their families.
  • Sending organizations must not charge administrative or dispatch costs to FSWs; these costs are charged to DSOs.
  • No deductions from salaries except those allowed by Japanese law.

Certificate of Eligibility and Visa Procedures

  • FSWs are issued a specific Shipbuilding Worker visa.
  • DSOs apply for Certificate of Eligibility for FSWs returning to Japan after STITP completion.
  • Changes in employment or extension of stay require proper application for residence status.
  • Application for extension must be done within three months before visa expiry.

Registration of DSOs and ASCs with POEA

  • DSOs and ASCs already registered under JITCO must register anew under FSWAP.
  • Registration requirements include POLO accreditation certificates, power of attorney, job orders, company licenses, MLIT certifications, appropriate supervision plans, and master employment contracts.

Approval and Validity of Job Orders

  • Additional job orders require DSO request and ASC's positions, numbers, and salaries summary.
  • DSO registration valid up to four years unless revoked due to business license expiration, false documents, disciplinary judgments, or license cancellation.

Dual Registration of DSOs

  • DSOs may be registered with up to two PRAs, subject to uniform compensation packages and having at least 50 workers employed or job orders recommended by POLO.

Overseas Employment Certificate (OEC)

  • Issued through POEA e-Sub and e-Payment system as per POEA Memorandum Circular No. 5, series of 2015.

Fees and Expenses

  • Costs such as POEA processing fee, OWWA contribution, visa, medical examination, airfare, compulsory insurance are borne by DSOs.
  • Workers pay for passport clearances, preliminary medicals, Philhealth, and Pag-ibig memberships.

Change of Job/Transfer of Employment

  • PRAs reporting technical interns' transition to FSWAP must notify POLO and POEA.
  • POLO maintains list of DSOs without accreditation employing such workers and reports to POEA.

Effectivity and Filing

  • The guidelines take immediate effect upon publication in a newspaper of general circulation and filing with the National Administrative Register.

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