18-05-2018
Agreement on employment of domestic workers between Kuwait and Philippines

newsimageThe following is a transcript of the agreement on employment of domestic workers that was signed between the governments of the State of Kuwait and the Republic of the Philippines on Friday: The Government of the State of Kuwait represented by the Public Authority of Manpower, hereinafter referred to as the First Party and the Government of the Republic of the Philippines represented by the Department of Labor and Employment, hereinafter referred to as the Second Party, jointly referred to as the Parties; Noting the Kuwaiti laws and regulations on domestic workers that govern the recruitment and employment of domestic workers in Kuwait and provide the legal protection for the rights of Filipino domestic workers; Noting the Philippine laws on recruitment and deployment of Filipino workers; Based on the shared desire of the “Parties” to ensure the rights of Filipino domestic workers in accordance with the provisions of the Kuwaiti Laws relating to domestic workers and in compliance with the Philippine laws on recruitment and deployment of Filipino workers; Both laws provide legal protection to the employer and Filipino worker. Have agreed as follows: Article 1: Areas of Cooperation The Parties shall undertake the following: 1. Uphold ethical recruitment policies, systems, and procedures for the recruitment and employment of domestic workers, pursuant to the applicable laws and regulations of both Parties; 2. The recruitment and employment of Filipino domestic workers will be governed by a standard contract; 3. Ensure that the recruitment and entry of domestic workers, as well as their repatriation under this Agreement shall be in accordance with the relevant laws and regulations of both Parties; 4. Take legal measures against erring employers, domestic workers, Kuwaiti recruitment or Philippine recruitment agencies for any violation of employment contract provisions, applicable laws, rules and regulations of both Parties; 5. Resolve any issues arising from the implementation and enforcement of any provision of this Agreement; 6. Provide a mechanism of inspection and monitoring of the level of care offered to the domestic workers through official authorities in Kuwait; 7. Guarantee the compliance with the recruitment laws and regulations of both countries; 8. Working on reducing the costs of recruitment of the domestic workers; 9. Both parties are committed to open all areas of cooperation relating to sending and recruiting domestic workers through all licensed recruitment offices or agencies . Article 2 Responsibilities of the First Party The First Party shall: 1. Guarantee the rights of domestic workers as provided by the applicable laws, rules and regulations of the “First Party”; 2. Ensure that the employer shall provide the worker with food, housing, clothing, and registering the domestic worker in the health insurance system that covers her/his treatment in case of illness or injury due to work as well as being committed to compensate her/him for job injuries and transporting the deceased body of the domestic worker to her/his country when she/he dies and paying the wages of the month in which the worker died and other rights as provided in the Kuwaiti Law; 3. Ensure that the employer is not allowed to keep in her/his possession any of the domestic workers’ personal identity documents such as passport. Both Parties agreed that the passport is the property of the Philippine government under its law and should not be in the possession of the employer; 4. Allow the domestic workers to have and use cellular phones and other means to communicate. with their families and their government and to prohibit their employers from confiscating them; 5. Disqualify employers who have records of contract violations or abusing workers from recruiting Filipino workers and pursue appropriate legal action against such employers; 6. Facilitate the opening by the employer of a bank account under the name of the domestic worker and allow the domestic worker the reasonable opportunity to remit her/his monthly salary to the Philippines as provided for in the employment contract; 7. Ensure that an aggrieved worker shall have access to the services of the Department of Domestic Labor, which has the jurisdiction to settle any dispute that arises between the parties to the contract. The Department of Domestic Labor shall settle the dispute within fourteen (14) days from the date that the c