1M EM ORAN DUM OF COOP ERAT ION
BET W EEN T HE M IN IST RY O F J US T IC E, T HE M IN IS T RY OF F O RE IGN
AFFA IR S , T HE M IN IS T RY OF HEALT H , LAB OUR AN D W E LFAR E AN D
T HE NAT ION AL PO L ICE AG ENCY OF J APANANDT HE DEPA RT M ENT OF LA BO R AN D E M PLOYM ENT OF
T HE REPUB L IC OF T HE PH IL IP P INE SONT HE BAS IC PA RT N ERSH IP F RAM EW O RKFORP ROPE R OP ERAT ION O F T HE S YS T EM PERTA IN IN G TO FORE IG N
HUM AN RES OUR C ES W IT H T HE STAT US OF RES ID ENC EOF" SP EC IF IED S K ILL ED W O RK ER"
The Minist r y of J ustice, t he Minist r y of Forei gn Affairs, the
Ministr y of Healt h, Labour and Welfare and the National Police
Agenc y of J apan (hereinaft er referred to coll ectivel y as "Minist ries
and Agenci es of J apan") and t he Departm ent of Labor and
Emplo yment of t he R epubli c of the Philippines (herei naft er referred
to as "Departm ent of t he Phili ppines") share t he vi ew t o enhance
mutual benefit s through the cooperat ion between the two countri es on
sending and accepting specifi ed skil led workers in accordance with
the l aws and regul ations of the respective countri es in the operation
of the s ystem of accept ance (hereinafter referred to as "the s ys tem ")
of hum an resources poss essing cert ai n expertise and skills, who have
been granted the st atus of residence of "Specifi ed Skilled Worker" b y
the Governm ent of J apan (herei naft er referred to as "speci fied
skilled workers "). Based on this view, the Minist ries and Agencies of
J apan and the Departm ent of the Phi lippines (hereinaft er referred to
collectivel y as "Ministries and Agenci es, and Department of Both
Countri es") have decided t o cooperat e as foll ows:
1. Purpose
The purpos e o f thi s Memorandum of Cooperation is to promot e
the mutual prot ection of the sp eci fied skill ed workers th rou gh the
smooth and proper promotion of s ending and accepting specifi ed
skilled workers to J apan from the Philippines, by m eans of
establi shing a basi c framework t o ensure smooth and proper sending
and accepting specified skill ed workers (i n particul ar the elimination
of mali cious intermediar y organizati ons) and to resolve the problems
of s endi ng, accepting and residence m anagem ent in J apan of2specifi ed s killed workers, as well as to enhance the mutual benefits
of bot h count ries through cooperat ion for proper operation of t he
s yst em.
2. Cont act point
In order to effect ivel y implem ent t he cooperati on under this
Memorandum of Cooperation, the Ministries and Agenci es, and
Departm ent of Both Countri es will desi gnate res pecti vel y the
followi ng contact points for both countries.
(1) For J apan:
Residenc y M anagement Divi sion, Residenc y M anagement and
Support Departm ent, Immi gration Servi ces Agenc y will be the
primar y contact point for overall s peci fic skill ed workers -relat ed
issues and will consult with t he Ministr y of Healt h, Labour and
Welfare for l abor-relat ed iss ues .
(2) For the Philippines:
(a) The Pre-Emplo ym ent Service Office of the Philippi ne
Overseas Em plo yment Admi nistrat ion will be t he primar y
cont act point including processing and accredit ation concerns;
(b) The Philippine Overs eas Labor Offi ce in J apan will be the
cont act point in relation to the verification of the s peci fied
skilled workers’ docum ents (i ncludi ng emplo ym ent contracts)
and other pertinent documents for coordination for onsite and
wel fare concerns; and
(c) For concerns on reint egration of returning specified
skilled workers, the National R eintegration Cent er for Overseas
Filipino Workers under the Overs eas Workers’ Welfare
Administration.
3. Framework of cooperation
Cooperation under this M emorandum of Cooperation will be
conduct ed withi n the s cope of t he l aws and regulati ons in force in
each count r y. The minist ries and agenci es or department of one
count r y will not di sclos e to third parties the confi denti al informati on
of the minist ries and agenci es or department of the other countr y,
obtained through cooperation and information-sharing within t he
framework of thi s Memorandum of Cooperati on, without writt en
cons ent of t he mi nistries and agencies or departm ent of the other
count ry.34. Areas of cooperation
(1) C ommitments of the Minist ries and Agenci es of J apan
The Minist ries and Agenci es of J apan will carr y out the
followi ng commit ments i n rel ation to the accept ance of the
specifi ed s killed workers from the Philippines in accordance
with the relevant l aws and regul ations of J apan:
(a) To examine properl y whet her an emplo ym ent contract
concluded bet ween an accepting organization and a specifi ed
skilled worker and a support pl an for forei gn nati onals with the
status of residence of "Specifi ed S killed Worker (i)" prepared
by an accepting organization conform to the crit eria specifi ed
by the appli cabl e laws and regul ations relati ng to imm igration
(including pres cri bed criteria in an empl o yment cont ract for a
specifi ed skill ed worker that the amount of remuneration for
the speci fied s kill ed workers should be equal to or more than
the amount that a J apanes e national would receive, and criteria
in a support plan for forei gn nat ionals with the s tatus of
residence of "Specifi ed Skilled Worker (i )" that an accepting
organization shoul d support job change), and to ensure faithful
compli ance of the terms of t he employm ent cont ract;
(b) Regarding an appli cation for regist ration by an
organization whi ch has been entrust ed based on a cont ract with
an accepting organization and int ended to perform all t he work
of impl ement ation of s uitabl e s upport plans for forei gn
nationals wit h the stat us of residence of "Specifi ed Skilled
Worker (i)", to im plement the duti es pert aining to regi stration
and to den y t he regist rati on i f the organization falls under the
grounds for deni al of regist rati on specifi ed b y t he laws and
regulations rel ating to immi grati on. To make inform ation on
the registered organization such as their names publi cl y
avail abl e in J apan;
(c) To conduct collection of reports and provide guidance
and advice to accepting organization when deemed it necess ar y
to secure (i ) that t he em plo ym ent contract for specifi ed skilled
workers and the support pl an for forei gn nationals with the
status of residence of "Specifi ed Skilled Workers (i)" conform
to the crit eri a specifi ed in the l aws and regulations relating to
immigration, (ii ) that the emplo ym ent contract for specifi ed
skilled workers is properl y implem ented, (iii) that the support
plan for forei gn nationals with t he stat us of resi dence of4"Specifi ed Skill ed Worker (i )" for providi ng support for t he
forei gn nationals’ work li fe, da y-to-da y living and s ocial life is
properl y implem ented, and (iv) that the acceptance of the
specifi ed skill ed workers conforms to the laws and regul ations
rel ating to immi gration or labor, and when abovement ioned (i )
to (iv) are not deem ed to be secured, to m ake an order for
improvement according t o the laws and regulations relating to
immigration as well as t o m ake the fact in whi ch s uch order is
made avail able in J apan;
(d) To conduct collection of reports and provide guidance
and advi ce to regi stered s upporting organizations when deem ed
it necess ar y in order to ensure proper operation of the s ystem
regarding that they properl y impl em ent support work bas ed on
the support pl ans for forei gn nati onals wit h the s tatus of
residence of "Specifi ed Skilled Worker (i )" and when deem ed
that there is a vi ol ation, t o delet e the regi stration, i f necess ar y;
(e) In order t o s ecure wages, work hours, s afet y and health
and other labor conditions regarding speci fied skill ed workers
and properl y improve work management, to provide gui dance
and supervi sion t o an accepti ng organization or an int ermedi ar y
organization in J apan;
(f) In order to ensure proper acceptance of specifi ed skilled
workers, to take necess ar y m easures to eliminate malicious
interm edi ar y organizations i n J apan in accordance with the
immigration, l abor or ot her relevant l aws and regul ations;
(g) When recei ving t he inform ation from the Department of
the Phili ppines on a s ending organi zation that intends to send
specifi ed skill ed workers to J apan (herei nafter referred to as
"Sendi ng Organization") which is approved b y t he Departm ent
of the Philippines, to make such information publi cl y available
in J apan;
(h) When receiving from the Department of the Philippi nes
the inform ation on the revocation of an approval set out in
(2)(d), to m ake such inform ation publicl y avail abl e in J apan;
(i) To noti f y the Department of the Phili ppines of an
improvement order (including the res ults of investi gati on whi ch
is the basis of the improvem ent order) t o an accepting5organization when making such an order, and to share the list
of regist ered supporting organizations to the Departm ent of the
Philippines; and
(j) To provide necessar y information when receiving
inquiri es from the Departm ent of the Philippines in relation to
the acceptance of the specifi ed skilled workers from the
Philippines .
(2) C ommitments of the Departm ent of the Philippines
The Departm ent of the Phili ppines will carr y out the
followi ng commit ments in relation to sending the speci fied
skilled workers from the Philippines in accordance with the
rel evant laws and regulations of the Philippines:
(a) To examine whet her or not a S ending Organiz ation m eets
approving standards and to give approval when the Sending
Organization is considered to m eet approving standards of the
Philippines;
(b) To make t he nam es and other information on approved
Sending Organizations in the Phil ippines publi cl y avail abl e
when the approval s set out in (a) above are given. To provide
the Ministri es and Agencies of J apan with the i nform ation on
approved Sending Organizations;
(c) To conduct investigations over t he approved S ending
Organization in question, when informed b y the Minist ries and
Agenci es of J apan that an approved S ending Organization seems
to have exercised activities inconsistent with approvi ng
standards or other improper activities, and to provide necess ar y
gui dance and supervision over the S ending Organizati on and t o
share t he results of the investi gations with the Minis tries and
Agenci es of J apan;
(d) To provide guidance to approved S ending Organizati ons
in the Philippines in order to s el ect and s end specifi ed skill ed
worker of the Phi lippines in an appropri at e manner, t o revoke
an approval when the Department of the Phili ppines consider
that an approved Sending Organization no longer meets
approving st andards, and to notif y t he results to the Ministries
and Agencies of J apan;
(e) To m ake inform at ion publi cl y avail able in the Philippi nes6when informed b y the Ministri es and Agencies of J apan of their
improvement order to an accepting organization and the list of
regist ered supporti ng organizations i ncluding the updat ed one;
(f) To iss ue t he necessar y gui delines to implement this
Memorandum of Cooperation, incl uding the formul ation of
Standard Empl o yment Contract, and selection and deplo ym ent
of s pecifi ed skill ed workers t hrough the approved Sendi ng
Organizations; and
(g) To provide necess ar y inform ation when the Departm ent of
the Phili ppines receives inquiri es from t he Minist ries and
Agenci es of J apan in rel ation to sending the speci fied skilled
workers from the Philippines .
(3) Inform ation-sharing
The Minist ries and Agencies , and Departm ent of Both Countri es
will promptl y s hare necessar y or useful informati on in order to
ensure smoot h and proper s ending and accepting s peci fied s killed
workers and to res olve the probl ems of sending and accepting and of
residi ng in J apan of specifi ed ski lled workers. Thi s information
includes i nformat ion on the acts of int erm edi ar y organiz ations
(including both individuals and corporations) i n both countri es which
involve in recruitment and job s eeki ng activiti es rel ati ng to specifi ed
skilled workers and on those that fall under the fol lowing acts of
malicious int erm ediar y organizations:
(a) Managing mone y or other properti es of specifi ed ski lled
workers or candidates of speci fi ed s killed workers (hereinaft er
referred to as "s peci fied s killed workers and candidates "),
their rel atives or an y person concerned, regardless of an y
reason such as t he coll ecti on of a deposit or any other
purpos es;
(b) Concludi ng an y contracts that impose monetar y penal ties
or t hat expect undue t ransfer of mone y or other properties, for
the viol ation of t he contract s;
(c) Human ri ghts i nfringem ents against speci fied skil led
workers and candidates such as assaults, i ntimidati on and
rest rictions of thei r freedom;
(d) Using or providi ng forged, altered or fals e docum ents,
pictures or drawings, with the intention of obtaining7permis sions, vis as or other certi ficat es fraudul entl y in rel ation
to the immi gration cont rol or vis a procedures of J apan; or
(e) Collecting fees or other expenses from specifi ed skil led
workers and candidat es wit hout i ndicating t he cal culati on
basis of the expense, and making t hem understood the amount
and breakdown of the expense.
(4) J oint Committ ee
The Minist ries and Agencies , and Departm ent of Both Countri es
will establis h a J oint Committee and meet peri odicall y or from tim e
to time upon the request of either countr y at a venue to be mutuall y
chos en b y the countries to achi eve t he purpos e s et forth in item 1 of
this Memorandum of Cooperati on, and to correct probl ems that
require improvem ent for proper operation of the s ys tem. The main
subjects of this m eeting will be as follows:
(a) Is sues relat ed t o implementation and changes of the
polici es of both countries concerning the s ys tem;
(b) Is sues rel ated t o ens uring the appropriat eness of
interm edi ar y organizations for s peci fied skill ed workers
(including wa ys of necess ar y correcti ve m easures);
(c) Is sues rel ated to corrective m eas ures for the vari ous
examinations pert aining to s ending and accepting s peci fied
skilled workers , for improper accepting organizations in
J apan, or organi zations engaging in support for forei gn
nationals with the status of residence of "Specifi ed Skilled
Worker (i)", (whi ch m eans support for t hei r work li fe, dail y
life and soci al life enabli ng t he forei gn nati onal s with
"Specifi ed Skill ed Worker (i)" to engage in thei r activities
under the status of residence st abl y and sm oothl y),for the
improper s ending organizations in the Philippines and for
promoting and protecti ng the ri ght s of the specifi ed skilled
workers including the adoption of necess ar y administrative
measures to addres s labor issues;
(d) Is sues rel ated to proper im plem ent ation of skill exams and
tests t o m eas ure J apanes e language profi cienc y of s peci fied
skilled workers;
(e) Is sues rel ated to residence management of specified
skilled workers in J apan; and8(f) Is sues rel at ed t o proper operation of the s yst em and ot her
rel ated s ys tems pert aining to immi gration or l abor of both
count ries other than the i ssues speci fied in (a) to (e) above.
(5) Administ ration of skill exams and t ests to m easure J apanes e
language profi cienc y
The Mi nistri es and Agenci es of J apan and the mini stries i n
charge of accepting specifi ed skilled workers (hereinafter referred to
collectivel y as "R elevant Ministri es and Agencies of J apan") will
properl y conduct s kill exams and tes ts to m easure J apanes e language
profi ci enc y of the speci fied s killed workers. Det ailed plan for the
exams and test s that are schedul ed t o be conduct ed in the Phili ppines
will be provided to the Departm ent of the Phili ppines through
diplomati c channel. If the Departm ent of the Philippines and the
departm ent rel ated to the tests (herei naft er referred t o collectivel y as
"Rel evant Depart ments of the Phi lippines ") are request ed b y the
Relevant Minist ri es and Agenci es of J apan t o cooperat e i n the
implementation of the t ests and rel ated busi nes s pert aining to
J apanes e language education, or in other busines s rel at ed t o t he tests
to J apanes e l anguage profi ci enc y whi ch R elevant Ministri es and
Agenci es of J apan involve, R elevant Department s of t he Philippines
will provide the appropriat e assist ance.
In addition, i f the Relevant Minist ri es and Agencies of J apan
and the Relevant Departm ents of the Philippines obtain inform ation,
in relati on to t he t ests, about prox y t est -taking, t he forger y or
alteration of documents certif ying passing of the test or other
wrongful acts, t he y will share the information promptl y in
accordance with t he fram ework set out in 4(3) in this Mem orandum
of Cooperation.
(6) Workers’ ri ght s prot ecti on
The Mi nistri es and Agenci es of J apan and t he Department of t he
Philippines will promote the welfare of speci fied skilled workers
from the Philippines in J apan and protect their ri ghts in accordance
with the laws and regulations of each countr y.
5. Revi ew of t he framework
Based on a revi ew of the s ys tem pertaining to speci fied skill ed
workers to be im plemented two ye ars after its com mencem ent, t he
framework of cooperation bet ween the t wo count ri es under this
Memorandum of Cooperation will be reviewed as necess ar y. The
cont ents of this Memorandum of Cooperation will be modi fied or9supplem ent ed as necess ar y with writ ten cons ent of bot h countri es.
6. Date of comm encem ent
This M emorandum of Cooperation wi ll comm ence on t he 1s tda yof April, 2019.
Signed on this 19t h
da y of M arch, 2019 at Tok yo, J apan.
For the Mi nistr y of J ustice of
J apan
For the Departm ent of Labor and
Emplo yment of the Republic of
the Philippi nes
For the Minist ry of Forei gn
Affai rs of J apan
For the Minist ry of Health,
Labour and Welfare of J apan
For the Nati onal Police Agenc y
of J apan