Policy paper

Memorandum of understanding on the recruitment of Filipino healthcare professionals between the Government of the Republic of the Philippines and the Government of the United Kingdom of Great Britain and Northern Ireland (text only)

Published 11 November 2021

This was published under the 2019 to 2022 Johnson Conservative government

The Government of the Republic of the Philippines and the Government of the United Kingdom of Great Britain and Northern Ireland, hereinafter referred to as the participants:

• desiring to enhance their bilateral relations in respect of healthcare policy

• recognising the importance of exchanging knowledge and expertise between the participants through cooperation in the field of healthcare

• sharing the mutual commitment to observe fair, ethical and sustainable recruitment in the employment of Filipino healthcare professionals anchored on the laws and regulations of both countries

• further recognising that healthcare professionals recruited from the Philippines for employment in the United Kingdom of Great Britain and Northern Ireland’s National Health Services (NHS) or private healthcare institutions have an opportunity to enhance their skills and explore best practice while supporting the local health systems

Have come to the following understanding:

Paragraph 1: objective and coverage

The participants will endeavour to cooperate in delivery of healthcare through recruitment in the Philippines and employment of Filipino nurses and other healthcare professionals in the United Kingdom of Great Britain and Northern Ireland, in accordance with their respective existing national laws and regulations.

Under this memorandum of understanding, other healthcare professionals will refer to physiotherapists, radiographers, occupational therapists, bio-medical scientists and other allied health professions that are presently regulated by appropriate professional bodies in both countries.

Paragraph 2: implementing agencies

For the purpose of this memorandum of understanding, the implementing agency for the Republic of the Philippines will be the Department of Labor and Employment. For the United Kingdom of Great Britain and Northern Ireland and, acting on behalf of the devolved administration of Scotland, Wales, and Northern Ireland, the implementing agency will be the Department of Health and Social Care.

Paragraph 3: areas of cooperation

The governments of the 2 countries, through the Department of Labor and Employment (DOLE) of the Republic of the Philippines and the Department of Health and Social Care of the Government of the United Kingdom of Great Britain and Northern Ireland have identified the following areas of cooperation:

1. Regulation on the deployment of labor with a view to a fair, ethical and sustainable recruitment and employment of nurses and other healthcare professionals from the Philippines, taking into consideration the national demand for healthcare vis-a-vis the number of healthcare workers in the Philippines.

2. Bilateral exchanges in the area of policy development, including but not limited to:

2.1. Sharing learning and understanding with regard to healthcare.

2.2. Sharing best practice between public and private institutions.

2.3. Technical capacity-building initiatives.

2.4. Exploring opportunities that support the fight against the COVID-19 pandemic and mitigate its adverse effects to the economy.

3. The participants will continue to support increased coverage of services for the prevention, treatment and management of non-communicable disease and communicable disease like COVID-19 in relation to the recruitment of Filipino healthcare professionals. They will also improve equitable access to safe and quality health care in both countries, especially for women and marginalized groups.

4. Involvement of professional staff and healthcare managers, particularly in relation to education and training of Filipino nurses and other healthcare professionals and in the development of a mutually agreed system of recognition of skills, qualifications, and education and training credentials.

5. Drawing up of an action agenda with respect to addressing the improvement of education and training, protection of the rights and promotion of the welfare of nurses and other healthcare professionals.

6. Enforcement of legal measures against recruitment offices or agencies, employers and other entities or individuals for any violation of applicable laws, rules and regulations, including those relating to trafficking in persons and modern-day slavery.

7. Access to all necessary measures that extend legal assistance and social protection to workers in accordance with the laws and regulations of the participants.

Paragraph 4: recruitment

The recruitment of Filipino nurses and other healthcare professionals in the Philippines for employment in the United Kingdom of Great Britain and Northern Ireland shall be pursuant to the existing laws and regulations of both countries, including nationally published codes of practice for the ethical recruitment of health and social care staff.

No employer, recruitment or placement agency or any entity shall collect any placement fee, costs incurred by recruitment agency and other fees, directly or indirectly, from any nurse or healthcare professional to be deployed, that contravene the applicable laws and the rules and regulations of both countries.

Paragraph 5: protection of the rights and promotion of the welfare of the workers

Both participants shall promote the welfare of Filipino nurses and other healthcare professionals employed in the United Kingdom of Great Britain and Northern Ireland, and protect their rights as embodied in the employment contract and in accordance with the laws and regulations of both countries.

Paragraph 6: joint committee

A joint committee will be formed consisting of the representatives of the 2 countries, which will fulfill the following:

1. Conduct of regular annual meetings in the Philippines and in the United Kingdom and Northern Ireland alternately or virtually through any electronic means available based on the dates and conditions to be mutually agreed upon by the designated committee co-chairs of both participants and made known through diplomatic channels.

2. Convening of special meetings or consultations, upon request of either participant, whether in person or via virtual electronic means in case of urgent issues to be discussed

3. Resolution of disputes arising from the implementation and the interpretation of the provisions of this memorandum of understanding.

4. Revision, modification, and/or amendment of all or any part of the paragraphs of this memorandum of understanding, as necessary.

Paragraph 7: dispute settlement

Any dispute between the participants arising out of the interpretation or implementation of this memorandum of understanding will be settled by consultations or negotiations.

Paragraph 8: amendment and revision

Any amendment or revision to the text of this memorandum of understanding shall be done by mutual written consent of the participants. These amendments or revisions shall become effective in accordance with the provision on effectivity.

Paragraph 9: effectivity

This memorandum of understanding shall be effective on the date of the later written notification by the participants, through diplomatic channels, indicating that the domestic requirements for its effectivity have been complied with.

Paragraph 10: validity, duration and termination

This memorandum of understanding shall remain effective for a period of 3 years and shall be automatically extended for a similar period unless one participant officially notifies the other of its desire to suspend or terminate this memorandum of understanding, with the written notification submitted at least 3 months prior to the intended date of suspension or termination. Unless otherwise agreed upon by the participants, the suspension or termination of this memorandum of understanding shall not prejudice the completion and continuation of existing and valid work contracts, and arrangements initiated under this memorandum of understanding.

For the Government of the Republic of the Philippines

Secretary Silvestre H. Bello III
Secretary for the Department of Labor and Employment (DOLE)

For the Government of the United Kingdom of Great Britain and Northern Ireland

The Rt Hon Amanda Milling MP
Minister of State for Asia at the Foreign, Commonwealth and Development Office