Roles, Duties, and Responsibilities of Participating Organizations
- Sending Organization: Select suitable FCW candidates, implement legal procedures, inform prospective FCWs about FCWAP, monitor FCWs, provide counseling and welfare assistance, cooperate to solve problems involving FCWs.
- Designated Supervising Organization: Inspect ACCs’ compliance with supervision plans, coordinate with SOs, confirm working conditions, establish consultation systems, assist in welfare and labor-related problem resolution.
- Accepting Construction Company: Notify DSO regarding FCW engagement or resignation, report FCWs’ inability to perform DCAs, maintain employment records for three years, cooperate with DSO and POLO-Tokyo.
- Foreign Construction Worker: Engage sincerely in DCAs, live alone in Japan, avoid unauthorized activities, keep passport and residence card, return upon completion, apply acquired skills for industry development.
General Provisions on Deployment and Employment
- Job Categories: 24 categories and 31 works under FCWAP.
- Period of Stay: Maximum five years; two years initially after CTITP; re-entry periods depend on time since last stay.
- Job/Employment Change: Requires new DSO certification and engagement in the same occupation as completed in CTITP.
Qualification Criteria for FCWs
- Completion of approximately two years in CTITP.
- Good conduct during training.
Terms and Conditions of Employment
- Use of Standard Employment Contract.
- Salaries equal or above Japanese workers of same skill level.
- Salaries for FCWs should exceed those of technical interns.
- Housing to be secured by DSO and ACC; fees not to exceed market price, with clear breakdown.
- Shared accommodation fees proportionate per person.
- Insurance coverage includes workers’ accident, health, and social insurance costs shared equally by employer and worker.
Prohibition on Collection of Fees
- No deposits or placement fees allowed from FCWs or their families.
- Sending Organizations cannot charge administrative or selection fees; costs borne by DSOs.
- No unauthorized salary deductions.
Application for Certificate of Eligibility (COE) for FCWs
- FCWs granted Construction Worker visa category.
- DSOs apply for COE for returning FCWs.
- Procedures for change or extension of Status of Residence must be immediately conducted.
- Application period: three months before to date of residence expiry.
Registration of DSOs at the POEA
- DSOs and ACCs must register anew under FCWAP.
- Requirements: POLO accreditation, official documents including POA or recruitment agreement, job orders, commercial registration, MLIT certification, supervision plan, master employment contract.
Approval of Additional Job Orders
- Requires DSO request, ACC job order indicating positions, number, and salaries.
Validity of Registration
- Valid for up to four years unless revoked due to business license expiry, mutual agreement, false documents, disciplinary action, or license cancellation.
Dual Registration
- DSOs may register with up to two PRAs if uniform compensation adopted and a minimum number of workers hired/verified.
Issuance of Overseas Employment Certificate (OEC)
- Processing must follow POEA Memorandum Circular No. 5, 2015, using e-Sub and e-Payment systems.
Fees and Expenses
- DSO pays service fee to PRA, POEA processing, OWWA contribution, visa fee, medical, airfare, and compulsory insurance.
- Workers pay for passport clearances, preliminary medical, Philhealth, and Pag-ibig memberships.
Change of Job/Transfer of Employment
- PRAs must report job changes of technical interns becoming FCWs immediately to POLO and POEA.
- POLO maintains lists of DSOs hiring under such conditions.
Effectivity
- Guidelines effective immediately upon publication and filing with the National Administrative Register.