Guidelines on deployment of Filipino workers to Japan

Scope and key program coverage

The guidelines apply to the deployment and employment of Filipino Foreign Construction Workers (FCWs) in Japan under the Foreign Construction Workers Acceptance Program (FCWAP, 1 April 2015 to 31 March 2021) of Japan.
The program covers workers who complete Construction Technical Intern Training Program (CTITP) and then engage in Designated Construction Activities under employment contract.
The guidelines define the participating organizations as including a Sending Organization (SO), a Designated Supervising Organization (DSO), and an Accepting Construction Company (ACC).
The guidelines apply to “job categories” and “works” defined under the FCWAP (Annex A).

Defined terms and roles

Construction Technical Intern Training Program (CTITP) means a technical intern training activity within the category of Technical Intern Training, limited to cases where construction companies implement technical intern training, and conducted within occupations and works specified separately by the MLIT after consultation with the Ministry of Justice and the Ministry of Health, Labor and Welfare.
Foreign Construction Worker (FCW) means a worker who completed the CTITP and engaged in Designated Construction Activities as a worker employed under contract by the Accepting Construction Company.
Designated Construction Activity (DCA) means activities designated by the Minister of Justice under provisions listed in the Immigration Act, carried out by FCWs employed under contract with ACC and under responsibility of their Designated Supervising Organizations (DSO).
Accepting Construction Company (ACC) means an enterprise experienced in implementing the CTITP as a program organizer with a certified supervision plan for accepting FCWs under labor contract to employ them for DCAs.
Designated Supervising Organization (DSO) means an organization experienced in accepting technical training interns as supervising organization and involved in supervising Designated Construction Activities.
Sending Organization (SO) means 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 of Japan.
Re-enter means returning to the Philippines after completing the CTITP and then re-entering Japan to work in Designated Construction Activities.

Duties of participating organizations

The Sending Organization (SO) must select appropriate FCW candidates through consultations with the DSO to achieve the best match between FCW and ACC, considering each side’s requirements and conditions.
The SO must implement applicable legal procedures in the Philippines for selection, documentation, and preparation of the documents required for residence and deployment of FCWs to Japan.
The SO must inform prospective FCWs about the purpose and system of the FCWAP, including workers’ duties and responsibilities.
The SO must monitor deployed FCWs’ condition and status through close coordination with DSOs for enforcement of the FCW contract and for counseling and welfare assistance.
The SO must cooperate with DSOs to solve problems involving accidents, crimes, and FCW runaways, and must communicate with FCWs onsite and their families in the Philippines.
The Designated Supervising Organization (DSO) must inspect and confirm proper implementation by the ACC of Designated Construction Activities based on an appropriate supervision plan, and must instruct ACC on proper implementation.
The DSO must coordinate with sending organizations to find accepting construction companies that accept workers.
The DSO must conduct regular confirmation on working situation and establish a consultation system for FCWs’ consultations on life, work, job changing, and other matters, and must cooperate with POLO Tokyo to resolve welfare and labor-related problems involving Filipino FCWs.
The Accepting Construction Company (ACC) must notify the DSO of engagement of the FCW within two (2) weeks from the day the FCW started to be engaged in DCAs, and notify the DSO of the FCW’s resignation within two (2) weeks from the day the FCW resigned.
The ACC must report to the DSO when an FCW becomes unable to conduct DCAs and the measures to be taken, and must make and keep a list and work log of FCWs for three-year storage after completion of DCAs.
The ACC must cooperate with the DSO and POLO Tokyo in resolving welfare and labor-related problems involving Filipino FCWs.
The Foreign Construction Worker (FCW) must be engaged in DCAs in a sincere attitude in accordance with instructions of supervising instructor and daily life advisor.
The FCW must stay in Japan alone and must not bring family for living together, and must not conduct any activity associated with income or payment other than the one certified in the state of residence.
The FCW must keep the passport and carry the residence card at all times, must return home after completion of DCAs, and must utilize skills acquired during technical intern training to contribute to development of the industry upon return to the Philippines.

Job categories, stay periods, and job changes

The FCWAP includes twenty-four (24) job categories and thirty-one (31) works defined under the program (Annex A).
After completing CTITP, the FCW’s stay in Japan is two (2) years.
For workers who returned to the Philippines after completing CTITP, stay in Japan depends on re-entry timing:
- 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 since leaving Japan.
The maximum period of stay in Japan as a technical intern and FCW is five (5) years.
For job/employment change, the new DSO must be certified by MLIT as DSO, and the work in which the FCW is to be engaged must be the same as the name of occupation and work the worker completed in the CTITP.

FCW qualifications and employment conditions

Interested Filipino workers must have participated in CTITP for approximately two years.
Interested Filipino workers must have good conduct during the technical intern training program period.
A Standard Employment Contract for FCWs (Annex B) must be used in processing employment contracts for Filipino construction workers under the FCWAP.

Pay, housing, insurance, and expenses

Salaries must be the same as or more than the amount paid to Japanese workers with the same level of skills.
The estimated amount of salaries for FCWs must exceed payment to technical intern trainees, considering that FCWs have already stayed and trained in Japan and need to be treated as experienced workers.
DSOs and ACCs must secure housing for FCWs during their stay in Japan.
If the company collects accommodation fees from FCWs, the accommodation fee must not exceed the market price of the apartment or other accommodations in the neighborhood.
If the company collects accommodation fees, the company must fully explain the breakdown/itemized amount of the accommodation fee.
If the company lends a single-family house to more than one FCW on shared accommodation arrangement, the accommodation fee per person must not exceed the prescribed accommodation fee divided by the number of people staying in the house.
Arrangements must be made in advance on the amount each FCW will pay for housing expenses up to the time the FCW returns home, including repair/restoration costs in case of damage to the property during the FCW’s occupancy.
Electricity/gas/water and other bills must not exceed the amount used by the FCW.
FCWs must take out:
- Workers’ accident compensation insurance for accident at work and on their way to work, chargeable to the employer.
- Health insurance.
- Social insurance including:
  - Employees pension insurance for injury and disease in daily life, disability compensation, and bereaved family compensation.
  - Unemployment insurance.
The cost of health and social insurance must be equally co-shared by the employer and the worker.

Fee prohibitions and worker charges

Collection of deposits from FCWs themselves or from their families is prohibited under the FCWAP.
Collection of placement fees from workers by DSOs for placement of FCWs is prohibited.
Sending organizations must not collect administrative fees from FCWs to recover the cost of dispatch of FCWs; the dispatch cost must be charged to DSOs.
No fee of any kind or form may be collected, directly or indirectly, from workers for selection and placement under the FCWAP.
No deductions may be made on workers’ salaries/wages for any purpose except those prescribed and allowed by the government of Japan.

Certificates, residence applications, and timelines

Construction workers for employment under the FCWAP must be issued a Construction Worker visa category.
DSOs that intend to accept FCWs who returned to the Philippines after completing CTITP must apply for a Certificate of Eligibility (COE) for the Status of Residence using the required procedures.
Technical interns who wish to be FCWs and who wish to continue to stay in Japan after completing CTITP, and FCWs who transfer or change ACC, must immediately apply for permission of Status of Residence change for issuance of a new residence card.
Those who wish to extend their Status of Residence must apply for permission of extension of residence.
The application period is from approximately three (3) months before the expiration of the term of residence to the day of expiration of the term of residence.

POEA registration, dual registration, and validity

DSOs and ACCs already registered with POEA under the JITCO Industrial Training and Technical Internship Program must register anew with POEA under the new FCWAP.
DSO registration requires a Certificate of Accreditation by POLO.
DSO registration also requires copies of documentary requirements verified and approved by POLO for the grant of POLO accreditation, including:
- Special Power of Attorney issued by the DSO to the PRA, or a Recruitment Agreement between the DSO and the PRA.
- A job order indicating the positions, number of positions, and salary per position, signed by duly authorized company representative/s.
- Commercial registration and business license of the DSO.
- Certification from MLIT of the DSO.
- Certification of the ACC’s Appropriate Supervision Plan by MLIT.
- A Master Employment Contract between the ACC and the worker.
Additional job orders for FCWs must be approved upon presentation of:
- A request from the DSO, as requested by the ACC.
- An additional job order indicating positions, number of positions, and salary per position.
DSO registration is for a maximum period of four (4) years, unless sooner revoked or cancelled by POEA on grounds including:
- Expiration of the DSO’s business license.
- Written mutual agreement to pre-terminate the agreement.
- False documentation or misrepresentation connected with the registration application.
- Final judgment in a disciplinary action against the DSO.
- Cancellation of the license of the SO/PRA.
A DSO may be registered to a maximum of two (2) PRAs for dual registration if:
- A uniform, if not upgraded, compensation package is adopted by the DSO and the PRA seeking dual accreditation.
- The DSO has a job order of at least SO construction workers duly verified and recommended for approval by POLO; or
- The DSO has hired at least fifty (50) workers within one (1) year immediately preceding the request for dual registration.

OEC processing and exit clearance system

Overseas Employment Certificates (OECs) and processing and issuance of overseas exit clearance to FCWs must be done through the e-Sub and e-Payment system under POEA Memorandum Circular No. 5, series of 2015 dated 17 April 2015, on mandatory enrolment in the POEA e-Payment System.

Fees and expenses schedule

The DSO must pay a POEA processing fee of PHP 200.
The DSO must pay OWWA Contribution of USD25 or the peso equivalent.
The DSO must pay visa fee, final medical examination (if required), airfare to and from the jobsite, and compulsory insurance coverage for OFWs of USD72 per year of contract.
The DSO must pay a service fee to the PRA which is “open” under the schedule.
The worker must pay passport, clearances (Barangay/NBI), preliminary medical examination, Philhealth Membership of PHP 2,400/year of contract, and Pag-lbig Membership of PHP 100 (minimum).

Job transfer rules and POLO/POEA reporting

When technical interns opt to take employment under the FCWAP immediately after internship without returning home, PRAs must report the job change/transfer of employment to POLO and POEA.
POLO must maintain a list of DSOs with no record of POLO accreditation that hired workers under the condition of immediate employment without returning home, and report that list to POEA.
When accredited DSOs hire technical interns who opt to take employment under the FCWAP immediately after internship without returning home, PRAs must report such hiring to POLO and POEA.

Annexes, signature, and implementing effect

The guidelines rely on Annex A for job categories and works, and Annex B for the Standard Employment Contract for FCWs.
The circular takes effect immediately, and it requires publication in a newspaper of general circulation and filing with the Office of the National Administrative Register.
It is signed by HANS LEO J. CACDAC, Administrator.