🇵🇭 🇩🇪 Case 3: The Philippines–Germany Nurse Hiring Agreement (2013)

The Philippines–Germany Nurse Hiring Agreement (2013) aligns with the international standards and specifies working conditions for Filipino health professionals that are of equal status of those experienced by German workers. It contains the following provision on working conditions: “Filipino health professionals may not be employed in the Federal Republic of Germany under working conditions less favourable than those for comparable German workers.” It is important to involve social partners and other stakeholders in the deliberations and consultative processes with the destination countries, including those representing workers, employers, and civil society. Although this was not foreseen in the agreement, following negotiations with the two governments, trade unions from both countries (PS Link and ver.di) have been invited to become members of the Joint Committee and to monitor the implementation of the bilateral agreements. According to PSI (2017), it is the first time that trade unions form both parties have been accorded oversight work in a BLA. Gencianos and Public Services International (2017) states that “[a]s part of the Joint Monitoring Committee, PSLINK in the Philippines and Verdi in Germany – both affiliated to PSI – are involved in monitoring the implementation of the agreement through social dialogue, direct engagement and periodic visits in both Germany and in the Philippines. The Joint Monitoring Committee visits the workplaces and interacts with the deployed workers.”

With regard to recruitment fees, the agreement allows only the charging of US$50 from the prospective employee as a required contribution under Philippines law to the Foreign Employer Guarantee Fund. All other administrative expenses are to be met by the respective competent authorities. Similarly, there is a provision for the contract covering the aspect of equal standard of wages with German employees, details of overtime payments, payment for night work, payment for working on weekly holidays and public holidays, working hours, accommodation and amenities with amount of charges that employee has to pay, condition on meals where employee has to bear the cost, leave entitlement, status of cost of return journey, settlement of disputes under the labour law of Germany, etc. This agreement states in its social security section: “Filipino health professionals are subject to compulsory insurance in the German social security system (health and long-term care insurance, pension, accident and unemployment insurance).” A bilateral social security agreement has also been signed between the Philippines and Germany. This agreement includes features, such as equality of treatment; export of benefits; maintenance of rights; applicable legislation; and administrative assistance.

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