MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This lvlemorandurn ofAgreemeni is made and entered inio by and among:

The Government Sector herejn represenied by the Department of Labor and Employment (DOLE), with principal office at Muralla corner Gen. Luna Sts., lntramuros, l\ilanila, and its attached agencies, namely, the Philippine Overseas Employment Administration (POEA), with principal office at EDSA corner Odgas Avenue, Mandaluyong City; Overseas Workers Welfare Administration (OIryWA), with principal office at 7th corner F.B. Harrison Sts., Pasay City; National Labor Relations Commission (NLRC), with principal office at Banawe corner Florentino Sts., ; Technical Education and Skills Oevelopmeni Authority (TESDA), with principal office at East Service Road, South Superhighway, Taguig City; Professional Regulation Commission (PRC), with principal office at Nicanor Reyes St., Sampaloc, ; National Conciliation and Mediatlon Board (NCMB), with principal office at Arcadia Bldg., Quezon Avenue., Quezon City; lnternational Labor Affairs Bureau (ILAB), with principal office at General Luna St., lntramuros, Manila; National Reinlegration Center for OFWs (NRCO), with principal office at gFO Center corner Solana and Victoria Sts, lntramuros, Manila;

The Department of Foreign Affairs-Office of the Undersecretary for Migrant Workers Affairs (DFA-OUMWA), with p ncipal office at 2330 , Pasay City;

The Department of Justice-lnter-Agency Council Against Trafficking (IACAT), with principaloffice at Department ofJustice, Padre Faura, Ermita, lvlanila;

The Department of Health-Health Human Resource Developmenl Bureau (HHRDB), wiih principal office at 3F Bldg., 12-A HHRDB San Lazaro Compound, RizalAvenue, Sta. Cruz, Manila:

The Commission on Higher Educaiion, with principal office at C.P. carcia Avenue, UP Diliman, Quezon City;

The Philippine Commission on Women, with principal office at 1145 Jp Laurel St., San Miguel, l\,'lanila;

The Bangko Sentral ng Pilipinas (BSP), with principal office at Mablnt corner P. Ocampo Sts., Malate, Manila;

The Bureau of lmmigration (Bl), with principal office at l\ragallanes Drive, lntramuros, lvlanila;

The Commission on Filipinos Overseas (CFO), with principal office at corner Osmena Highway, Manila;

The Philippine Health lnsurance Corporation (Philhealth), with principal office at City State Center BIdg., Shaw Blvd., Pasig City; The Home Development Mutual Fund (PaglBlG), with principal office at Sen. Gil J. Puyat Avenue, Makati Cityi and

The Social Security System (SSS), with principal office at SSS Bldg., East Avenue, Diliman , Quezon City.

The Management Seclor, herein represented by the Coalition of Llcensed Recruitment Agencies for Domestic and Service Workers (CLADS), with principal office at A. Bonifacio St., Bangkal, Makati City; Federated Associations of Manpower Exporters lnc. (FEDMANEX), with principal office at T. M. Kalaw corner Orosa Sts., Ermita, Manila; Overseas Placement Association of the (OPAP), wiih principal office at F. B. Harrison Si. corner Sen. Gil Puyai Avenue, Pasay City; Philippine Association of Service Exporters, lnc. (PASEI), with principal office at 1567 Shaw Blvd., Ivlandaluyong City; Associaiion of Philippine Licensed Agencies for Technical lnternship (APLATIP), with principal office at 511 Alonzo Si., Malate, lvlanila; Association of Service Contractors of the Philippines (ASCOP), with principal office at Adriatico corner Al-Sala St., Ermita, Manila; Association for Professionalism in Overseas Employment, lnc. (ASPROE), with principal office at corner Bagtikan St., li]akati, City; Philippine Constructors Association, lnc. (PCA), wiih princlpal office at Emerald Avenue, Ortigas Center, Pasig City; Philippine Association of Manpower Agencies for North America, lnc. (PAMANA), with princjpal office at 1466 Leon Guinio St., l\4alate, lvlanila; Pilipino Manpower Agencies Accredited for Taiwan, lnc. (PILMAT), with principal office at lllagallanes corner Beaterio Sts., lntramuros, Manila; Association for Good covernance in the Recruitment Industry (AGGRI), with principal office at Singian St., Brgy. Poblacion, Ivlakati City; Australia and New Zealand Association of Employment Providers of the Philippines (ANZAEPP), with principal office at General Luna Si., Ermita, Manila; and United Philippine Manpower Agencies for lsrael Association, lnc. (UPMAIAI), with principal office ai P. Hidalgo Lim St., l\ralaie, Manila.

The Labor Sector, herein represented by Philippine Migrants Rights Watch (PMRW), with principal office at 1344 , Ermita, Manila; Center for Migrant Advocacy (CMA), with principal office ai Anonas Road, Project 3, Quezon City; Center for Overseas Workers (COW), with principal office at 1043 Aurora Blvd., Quezon City; Development Action for Women Network (DAWN), with principal office at 1344 Taft Avenue, Ermita, l\ilanila; Episcopal Commission for the Pastoral Care of Migrants and ltinerant Workers-Catholic Bishops Conference of the Philippines (ECMI-CBCP), with principal office at 470 Gen. Luna St., lntramuros, N4anila; KAIBIGAN ng OCWS (KAIBIGAN), with principal office at 1184 Quezon Avenue, Quezon City; Kapisanan ng mga Kamag-anak ng Migranteng Manggagawang Pilipino, lnc. (KAKAMMPI), with principal office at Chico St., Brgy. Quirino 2-A, Quezon City; Scalabrini Migration Center (SMC), wiih principal office at 40 lratapat St., Pinyahan, Quezon City; Scalabrini Lay Association (SLA), with principal office at 8rh St., New Manila, Quezon City, Scalabrini Center for People on the Move (SPCM), wiih principal office at 8rh St., New l\4anila, Quezon Cityi Kanlungan Center Foundation (KANLUNGAN), with principal office at lOth St., Kamias, Quezon City; KALAHI Advocates for Overseas Filipinos (KALAHI), with principal office at A. Mabini St., Ermita, Manila; Kabalikat ng Migranteng Pilipino, lnc. (KAMPI), wlth principal offlce at 2625 Taft Avenue, lvlalate, Manila; Filipino Migrant Workers Group (FMW), with principal office at 21 EDSA, Guadalupe, ftIakati City; Action for Health lnitiatives (ACHIEVE), with principal office at Scoui Fuentebella Ext., Brgy. Sacred Heart, Quezon City; BIas F. Ople Policy Center and Training Institute, with principai office at Roberts St., Pasay City; ATIKHA, with principal office at Green Valley Subdivision, San Francisco, San Pablo City, Laguna; AWARE, with principal office at 2/F PNB Financial Ctr., Diosdado l\4acapagal Pasay; Batis cenier for Women, with principal office at 54 K-g'h Kamias, Quezon Cityi Coalition Against Trafficking in Women-Asia Pacific, with principal office at Rm.608 Sterten Place, 116 lvlaginhawa St., Teacheis Village, Quezon Cityl Mlgrante lnternational, with principal office ai 45 Cambridge St., Cubao, Quezon City; OFW Advocates and Family Welfare lnc., with principal office at Wood St., I\,4alibay, Pasay City; Pinoy Expats/OFW Blogs Award, with principal office at 61 Xavierville Avenue, Loyola Heights, Quezon City; Global Filipino Movement, with principal office at Kabayan Hotel CSR, 3F Business Lounge Area, EDSA corner P. Zamora St., Pasig City; Unlad Kabayan, with principal office at 59-B lvlalumanay St., Teachers Village West, Quezon Cityi Visayan Forum Foundation, lnc., with principal office at 18 12rh Avenue, Brgy. Socorro, Cubao, Quezon Ciiy; Worldwide Filipino Alliance lnc., with principal office at Rm. 409 Cenltal Plaza Bldg., JP Laurel Avenue, Davao City; ZONTA CLUB of Quezon City, with principal office at 6 Visayas Avenue, Quezon Ciiy; Trade Union Congress of the Philippines (TUCP), with principal office at Maharlika corner lvlasaya Sts., Diliman, Quezon City; Trade Union Congress of the Philippines - Int'l Trade Unions Confederation wiih principal office at Roxas Blvd., lvlalate, Manila; Federation of Free Workers (FFW), with principal office at 1943 Taft Avenue, Malate, l\4anila; Alliance of Progressive Labor (APL), with principal office at Brgy. Laging Handa, Quezon City; Alliance of Filipino Workers (AFW), with principal office at E. Rodriguez Sr. Avenue, Cubao, Quezon city, National confederation of Labor (NcL), with principal office at l\/luralla St., lntramuros, Manilai Pambansang Diwa ng Manggagawang Pilipino (PDMP), wlth pdncipal office at South Harbor, Port Area, lvlanila; Trade Unions of lhe Philippines and AIlied Services (TUPAS), with principal office ai Legaspi St., lntramuros, lvlanila; National Federation of Labor Unions (NAFLU), with principal ofiice al 632 Shaw Blvd., Mandaluyong Ciiy; Lakas Manggagawa Labor Center (LMLC), wiih pfincipal office at 3199 lvlagsaysay Blvd., Sta. Mesa, Manila; Philippine Federation of Labor (PFL), with principal office at lvlaharlika Avenue, Diliman, Quezon Ciiy; and Philippine Trade and GeneralWorker's Organization (PTGWO), with principal ofiice at Cecilleville 8ldg., Quezon Avenue, Quezon City.

WITNESSETH THAT:

WHEREAS, under Article Xlll Section 3 of the 1987 Philippine Constitution, the State shall, among others, promote ihe principle of shared responsibility between workers and employers, and the preferential use of voluntary modes of settling disputes, including conciliation, and shall enforce their mutua compliance therewith to foster industrial peace;

WHEREAS, Republic Act No. 10395, has strengthened tripartism amending for the purpose Article 275 of Presidential Decree No. 442, as amended, otherwise known as the "Labor Code of ihe Philippines";

WHEREAS, the Philippine government adopts tripartism as a state policy pursuant to the ratification of the ILO Conventlon No. 144 Cfripartite Consultations to Promote ihe lmplementation of lnternaiional Labor Siandards); wHEREAS, Executive Order No. 403, Series of 1990, as amended by Execuiive Order No. 97, Series of 1999 (Amending E.O. No.49 and Further Expanding the Functions of the Tripartite lndustrial Peace Council) was issued authorizing the creation of national and regional tripartite peace councils as well as industry tripartite councils to institutionalize tripartism as an instrument of workers' participation in labor and employment policy and decision-making:

WHEREAS, President Benigno S. Aquino lll in his 22-Point Labor and Ernployment Agenda emphasizes the need to work with the private and labor sectors to strengthen tripariite cooperation and promotion of industrial peace (Point 5);

WHEREAS, under Republic 8042 as amended by Republic Act '10022, ihe State recognizes non-governmental organizations, trade unions, workers associations, stakeholders and other similar entities duly recognized as legitimate, as padners of the staie in the protection of Filipino migrant workers and in ihe promotion of their welfare.

WHEREAS, the landbased overseas recruitrnent industry is one of the major contributors to the country's socio-economic growth and thai it is identified as part of the Key Employment Generators (KEGS) under the DOLE Jobs Fii Program;

WHEREAS, there is a need to institutionalize a tripartite approach for industry stakeholders to consuit each other on a regular basis on matiers concerning landbased Overseas Filipino Workers (OFWs);

WHEREAS, consensus building shall be primordial in addressing issues and concerns involving OFWs.

Now, THEREFORE, the pariies io this agreement have agreed on the following:

Section 1. Creation and Composition

1.1 There is hereby created an Overseas Landbased Tripartite Consultative Council (OLTCC), herein referred as the OLTCC, composed of the pariies to this Agreement representing labor, management and government of the landbased overseas employment sector.

1.2 lhe Secretary of Labor and Employmeni shall act as the Council Chairperson and the Undersecretary for Employment of the DOLE as Permanent Alternate. The POEA shall serve as the Council Secretariat.

Section 2. Nature and Scope

2.1 The OLTCC as a consultative body shall:

a) Serve as a forum through wh;ch labor, management and governmeni can work together to address issues and concerns involving OFWs;

b) Act as an advisory body to the Secretary of Labor and Employment in terms of policies and programs affecting labor and employment in the overseas employment secto( and c) Endeavor to arrive ai a consensus on matters brought to it for consideration, deliberation and/or resolution.

Section 3. Functions

3.1 The OLTCC shall have the following functions:

a) consult with the concerned stakeholders on issues and concerns involving OFWS;

b) address priority issues and concerns and recommend solutions or measures on labor and employment concerns in the landbased overseas employment sector through social dialogue and other initiatives;

c) review existing laws and regulations and propose measures and policy actions related to the landbased overseas employment sector; and

d) monitor and evaluate the implementation of international, regional and national programs, plans and projects in the landbased overseas employment sector.

Section 4 Committees

The OLTCC may create and establish Committees as may be deemed necessary in the performance of its powers and functions to serve as technical wo*ing groups on issues and concerns involving OFWs.

Section 5. Working Procedures

lvlatters relating to Council meetings, conduct of business, and similar concerns shall be governed by the Working Procedures for the Overseas Landbased Tripartite Consultative Council and lts Committees, and shall be made an integral part of this Agreement.

Section 6. Funding Support

The operation of the OLTCC shall be funded from the regular budget of the DOLE.

Section 7. Effectivity

This agreement shall take effect immediately upon the signing of the parties herein.

lN WITNESS WHEREOF, the parties or iheir duly authorized representatives, hereunto affixed their signatures this 10th day of l\4ay 2013, at lvlandaluyong City, Philippines. ANNEX "A"

WORKING PROGEDURE FOR THE OVERSEAS LANDBASED TRIPARTITE CONSULTATIVE COUNCIL AND ITS COMMITTEES

AUTHORITY TO CALL ANO PRESIDE OVER COUNCIL MEETINGS

The Chairpelson shall have the authoity to call and preside over all meetings of the OLTCC. Regular Council meetings shall be on the third week of the last month of every quarter, Lrnless otherwise agreed.

Upon initiative of the Chairperson or upon written request of any of the sectors, the Chairperson may call for special meetings to be scheduled in between regular Council meetings, taking inio account the urgency and importance ofthe proposed agenda.

. OLTCC COMMITTEE MEETINGS

The Council shall create Committees, as rnay be deemed necessary, to serve as technical working groups to address issues and concerns of OFWs. Said Committees shall be chaired by the Department of Labor and Employmeni.

The Committee Chairpersons shall have the authority to call and preside over meetings of their respective committees. Regular Committee meetings shall be on the first week of the last month of every quader, unless otherwise agreed. The Chairpersons, however, may call for special meetings to be scheduled in between regular Committee meetings, taking into consideration the urgency and impoftance of the proposed agenda,

After the meeting, the Committee shall subrnit a report to the Council. Where response from the Council is needed, the Committee shall prepare a report and immediately foMard it to the OLTCC Secretariat for inclusion in the agenda of the next regular or special meeting of the OLTCC.

t. CONDUCT OF BUSINESS

A. Notice of Meeting

ln all meetings, a written notice of meeting containing the proposed agenda, accompanied by the pertinent discussion materials and the minutes of the previol.rs meeting, shall be sent to the members of the OLTCC. For regular meetings, materials shall be sent at least five (5) working days before the scheduled meeting; for special meetings, tvvo (2)working days before.

ln case of special meetings initiated by either of the sectors, the party requesting for the meeiing shall be responsible for transmitting to the Secretariat all materials and documents relevant to the agenda.

B. Quorum

The presence of at least five (5) representatives from each sector including the Chairperson shall constitute a quorum for the council meeting. A quorum is always presumed unless questioned. To ensure the capability of the Council to conduct continuing business, at least one permanent alternate will be designated by each members' organization/institution.

At the Committee level, the presence of at least one (1) representative or organization/institution, as the case maybe, from each of the Iabor and management sectors shall constituie a quorum. C. Resolution of lssues

lssues shall be resolved by consensus of all sectors, provided there is a quorum. Consensus for this purpose shall mean the absence of objection and/or request for deferment from any sector represented. Consensus a ved at by all members present shall bind even those who are absent but who were notified of the date, venue and agenda of the meeting.

ln the absence of a regular representative, the alternate shall assume his/her post.

Written resoluiions must be signed by all members present. Members who are absent but were otherwise notified shall be bound by the Resolution. Fol the purpose of signing resolutions, no proxies shallbe allowed. tv. AGENDA

A. Preparation

The OLTCC action agenda shall be agreed upon by the members ofthe Council.

B. Order of Discussions

The agenda fo. each meeting shall be discussed in the following orderl . Presence of quorum . Approval of the agenda . Approval of the minutes ofthe previous meeting . Consideration of matters arising from the minutes . Consideration of procedural/administrative mattels, if any . Other matters . Tentative agenda for next meeting.

Discussions during the meeting shall proceed item by item based on the agenda. lssues which may be raised during the meeting but are not otherwise included in the agenda may be discussed as other matters during the same meeting, if the representatives so agree, or shall be calendared for consideration in the next meeting.