NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. No. 1191
of (lie f eciTfarp
•22 AUG 16 P3 *03
RECEIVED
Introduced by Senator Christopher Lawrence "Bong"T. Go
AN ACT
INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS
EXPLANATORY NOTE
The Philippines has been the primary supplier of maritime labor and considered 
the manning capital of seafarers globally since 1987. Of the 1.5 million mariners 
worldwide, 25% are Filipino sea-based workers, making them the single biggest 
nationality bloc in the maritime industry. Despite the risk accompanied by a seafaring 
job, many Filipinos still chose the profession and gambled their life on board just to 
provide a better life for their families. Filipino seafarers remittances have been 
genuinely beneficial to the Philippine economy. In fact, they contributed US$6.54 
Billion or around 21% of the total OFW remittances in 2021.
This representation recognizes the invaluable contributions of Filipino seafarers 
to nation-building and the economy. Thus, the country must enhance and strengthen 
its measures in fulfilling its duties and obligations as the 30th Member State to ratify 
the International Maritime Labor Convention of 2006 (MLC, 2006). It is high time for 
the government to pass an additional piece of legislation that would benefit Filipino 
seafarers and give them rights corresponding to the Maritime Labor Convention 
standards.


The Magna Carta of Filipino Seafarers could answer the call of MLC 2006 on 
its all State Parties to secure the right of all seafarers to decent and humane 
employment.
It shall also set as a guide for seafarers on their training, overseas employment, and 
retirement. Overall, the proposed measure seeks to institute mechanisms for the 
enforcement and protection of Filipino seafarers and provide compulsory benefits 
that they deserve.
This proposed measure adopts the committee report of the Senate Committee 
on Committee on Labor, Employment and Fluman Resources Development of the 
18th Congress which was a product of extensive study and consultation.
In view of the foregoing, the approval of this bill is earnestly sought.
SENATOR CHRISTOPHER LAWRENCE "BONG" T. GO


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
S. No. 1191
'22 AUG 16 P3 -03
RECEIVED 3V
Introduced by Senator Christopher Lawrence "Bong"T. Go
AN ACT
INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS
Be it enacted by the Senate and the House of Representatives of the Phiiippines in 
Congress assembled:
1 
CHAPTER I
2 
DECLARATION OF POLICY
3 
Section 1. Short Title. - This Act shall be known as the "Magna Carta of Filipino
4 
Seafarers."
5 
Sec. 2. Declaration of Policies. - It is hereby declared the policy of the State:
6 
(a) To recognize the rights, contributions, and unique role of seafarers as essential
7 
maritime professionals, acknowledge their vulnerabilities, and afford them full
8 
protection before, during, and after their employment;
9 
(b) To recognize that seafarers are a special category of key workers providing
10 
essential services, and given the global nature of the shipping industry and the
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different jurisdictions that seafarers may be brought into contact with, they are
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in need of special protection;
13 
(c) To encourage the participation of women in the seafaring profession and
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contribute meaningfully to the achievement of national development goals as
15 
productive members of the community;


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(d) To maintain and progressively develop a pool of competent and world-class
2 
seafarers through a system of education, training, certification, and licensing:
(e) 
To establish and enhance mechanisms of administrative, adjudicative, social, 
and welfare services for seafarers and their families:
(f) 
To enact laws that adopt and implement the standards set by International 
conventions and agreements regarding the working and living conditions and 
occupational safety and health, among others, of seafarers, particularly the 
Maritime Labour Convention, 2006 (MLC, 2006): and
(g) 
To recognize shipowners, maritime higher education institutions, and licensed 
manning agencies as vital partners in promoting the rights, welfare, skills, and 
competencies of seafarers.
Toward these ends, the State shall endeavor to improve the seafarers' working
13 
conditions, terms and conditions of employment, and career prospects, and to
14 
provide them opportunities to harness their potentials to the fullest. The State shall
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also uplift the socio-economic well-being of the seafarers' families.
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CHAPTER II 
GENERAL PROVISIONS
Sec. 3. Coverage. - This Act shall cover:
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(a) All Filipino seafarers who are to be engaged, engaged, employed, or working
20 
in any capacity, on board Philippine or foreign-registered ships, except those
21 
to be engaged, engaged, employed, or working in the following categories of
22 
ships:
23 
(1) Warships, naval auxiliaries, and Coast Guard vessels:
24 
(2) Government ships not engaged in commercial operations:
25 
(3) Ships of traditional built, as may be defined under existing rules and
26 
regulations: and
27 
(4) Fishing vessels, as may be defined by appropriate rules and regulations to
28 
be issued by the Department of Labor and Employment (DOLE), in
29 
consultation with the Bureau of Fisheries and Aquatic Resources and
30 
other relevant stakeholders.


1 
For the purpose of this Act, a seafarer is deemed "to be engaged" as such if
2 
the seafarer has been contracted for overseas employment but has yet to leave the
3 
Philippines.
4 
(b) All Filipino seafarers on board Philippine registered domestic ships engaged in
5 
trade and commerce between Philippine ports and within Philippine territorial
6 
or internal waters shall be covered primarily by equivalent provisions of the
7 
Labor Code of the Philippines, as amended, and related social and welfare
8 
benefits laws. For this purpose, the DOLE shall Issue the appropriate rules and
9 
regulations to govern the employment of domestic seafarers.
10 
Sec. 4. Definition of Terms. - As used in this Act, the following terms shall
11 
have the following meaning:
12 
(a) Abandonment - refers to a situation where, in violation of the terms of the
13 
employment contract, the shipowner:
14 
(I) Fails to cover the cost of the seafarer's repatriation;
15 
(ii) Flas left the seafarer without the necessary maintenance and support: or
16 
(Hi)Flas otherwise unilaterally severed their ties with the seafarer, including
17 
failure to pay contractual wages for a period of at least two (2) months:
18 
(b) Cadet - refers to a student of a maritime educational institution who is
19 
required to undergo training on board registered international or domestic
20 
ships to fulfill a maritime degree or technical course:
21 
(c) Domestic Shipping - refers to the transport of passenger or cargo, or both, by
22 
ships duly registered and licensed under Philippine law to engage In trade and
23 
commerce between Philippine ports and within Philippine territorial or internal
24 
waters, for hire or compensation, with general or limited clientele, whether
25 
permanent, occasional, or incidental, with or without fixed routes, and done
26 
for contractual or commercial purposes:
27 
(d) International Maritime Convention or International Convention - refers to any
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written treaty or agreement, or any protocol or amendment thereto, affecting
29 
the maritime Industry, which has come into force and effect, including the
30 
MLC, 2006:


1 
(e) International Convention on Standards of Training, Certification, and
2 
Watchkeeping for Seafarers (STCW) - refers to the international convention
3 
that establishes the minimum standards relating to training, certification, and
4 
watchkeeping for seafarers, which the Philippines acceded to on May 22,
5 
1984:
6 
(f) Manning Agency - refers to a natural or juridical person duly licensed by the
7 
Secretary of the Department to engage in the recruitment and placement of
8 
seafarers;
9 
(g) Maritime Accident - refers to any unforeseen occurrence or physical event
10 
connected to the navigation, operations, maneuvering, or handling of ships, or
11 
the machinery, equipment, material, or cargo on board such ships which may
12 
result in the detention of seafarers:
13 
(h) Maritime Industry Stakeholders - refer to all private stakeholders engaged in
14 
the business of owning, managing, chartering, or operating domestic and
15 
international ship/s of Philippine or foreign registry, manning of ships,
16 
management ports, stevedoring and arrastre services, ship brokering and
17 
chartering, ship-building and ship repair, providing maritime services, such as
18 
ship supplies and provisions, maritime education and training, shipping
19 
agency, and other similar activities.
20 
This term shall also Include bona fide maritime labor organizations,
21 
professional associations of seafarers, associations promoting seafarers'
22 
welfare, and women's maritime organizations:
23 
(i) 
Maritime Labour Certificate - refers to the document that certifies that the
24 
working and living conditions of the seafarers on the ship have been inspected
25 
and are compliant with the requirements of the MLC, 2006 and of applicable
26 
Philippine laws and regulations:
27 
(j) 
Maritime Labour Convention, 2006 (MLC, 2006) - refers to the consolidated
28 
Maritime Labour Convention approved by the International Labour
29 
Organization
30 
(ILO) in 2006 and ratified by the Philippines on August 20, 2012;


(m)
(n)
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(k)
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(I)
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(O)
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Master - refers to a person having command of a ship and acts as the 
shipowners' representative:
Ocean-Going Ship - refers to a ship other than those which navigate 
exclusively in inland water or in water within or closely adjacent to sheltered 
water, or areas where port regulations apply:
Officer - refers to a member of the crew other than the master who has been 
designated as such by national law or regulation, or, in the absence of such 
designation, by collective agreement or custom:
One-Stop-Shop Center for OFWs (OSSCO) - refers to the one-stop centers in 
various parts of the country established to ensure prompt, efficient, vital, and 
relevant services to Overseas Filipino Workers (OFWs) and other overseas 
Filipinos and their families, including seafarers. The OSSCOs shall be the venue 
for the acquisition of relevant clearances and permits, validation of overseas 
job offers, availment of reintegration services and all pertinent seminars and 
workshops for all stakeholders, among others. In all cases and as far as 
practicable, the OSSCOs shall be co-located with POEA regional offices. 
Agencies at these centers shall, as far as practicable, include the Department 
of Labor and Employment (DOLE), the Department of Foreign Affairs (DFA), 
Philippine Overseas Employment Administration (POEA), Overseas Workers 
Welfare Administration (OWWA), Technical Education and Skills Development 
Authority (TESDA), Professional Regulation Commission (PRC), Maritime 
Industry Authority (MARINA), Department of Health (DOH), Philippine Coast 
Guard (PCG), Home Development Mutual Fund (HDMF), Philippine Health 
Insurance Corporation (PhilHealth), Social Security System (SSS), Philippine 
Statistics Authority (PSA), Bureau of Immigration (Bl), National Bureau of 
Investigation (NBI), Commission on Higher Education (CHED), Philippine 
National Police (PNP), Bureau of Internal Revenue (BIR), and such other 
government agencies as may be appropriate:
Point of Hire - refers to the place indicated in the contract of employment, and 
which shall be the basis In determining the commencement of the contract:


1 
(p)
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(q)
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(r)
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(S)
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(t)
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right
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(a)
Recognized Organizations - refer to organizations recognized by the DOLE to 
carry out inspections or issue the Maritime Labour Certificate in accordance 
with the scope of activities covered by their authorizations:
Repatriation - refers to the process of returning a seafarer to the point of 
destination, which shall be at the point of hire or the seafarer's place of 
domicile, at the option of the seafarer, or in case of incapacity or death, at the 
option of his/her next-of-kin:
Standard Employment Contract (SEC) or Employment Contract - refers to a 
government-prescribed contract containing the minimum terms and conditions 
of employment-
seafarer - refers to any Filipino who is to be employed, is employed, or Is 
engaged to work in any capacity on board a ship covered under this Act:
Ship or Vessel - refers to any kind, class, or type of craft or artificial 
contrivance capable of floating in water, whether publicly or privately owned, 
ordinarily engaged in commercial activities: and
Shipowner or Principal - refers to the owner of the ship employing Filipino 
seafarers to work on board domestic ships and ships engaged in international 
trade, or any other organization or person, such as the manager, agent, or 
bareboat charterer, who has assumed the responsibility for the operation and 
management of the ship from the shipowner, and who, in assuming such 
responsibilities, has agreed to take over all the attendant duties and 
responsibilities of a shipowner under this Act, regardless of whether any other 
organization or persons fulfill certain duties or responsibilities on behalf of the 
shipowner.
CHAPTER III 
SEAFARER'S RIGHTS
Sec. 5. Right to Just Terms and Conditions of Work. - Seafarers shall have the 
to:
A safe and secure workplace that complies with safety standards:
30 (b) Decent working and living conditions on board a ship:


1 
(c) Medical care and confirmatory tests, welfare measures, and other forms of
2 
health and social protection:
3 
(d) Fair terms and conditions of employment, including salary commensurate to
4 
their rank, hours of work, paid sick leave or sickness benefits, the maximum
5 
number of workers hours, and minimum hours of rest periods, consistent with
6 
Philippine laws or international maritime conventions: and
7 
(e) Compensation and benefits in the event of death or long-term disability for
8 
occupational injuries, illnesses, hazards.
9 
Sec. 6. Right to Self-Organization, to Engage in Collective Bargaining, and to
10 
Participate in Democratic Exercises. - Seafarers shall enjoy the right to self-
11 
organization, to collectively bargain, to form or join international organization of
12 
seafarers or network with seafarers of different nationalities, and to participate In
13 
the deliberation of issues and in the formulation of policies that affect them,
14 
including the guarantee of representation in governing boards or appointment in
15 
government instrumentalities.
16 
Women seafarers shall also have the right, and be encouraged, to join, assist,
17 
or form labor unions or associations, or form networks with women seafarers of
18 
different nationalities.
19 
Sec. 7. Right to Educational Advancement and Training at Reasonable and
20 Affordable Costs. - Seafarers shall have access to educational advancement and
21 
training at reasonable and affordable costs.
Toward this end, relevant government agencies shall:
22
23
24
(a) Regulate the operation of all educational and training institutions offering 
courses related to seafaring:
25 
(b) Pursue grant programs, such as scholarships, subsidies, loan assistance, and
26 
other measures that will harness the skills of seafarers toward greater
27 
competitiveness given the new and evolving demands in the industry:
28 
(c) Promote quality maritime education and training that respond to the needs of
29 
the industry and in accordance with minimum international maritime standards
30 
of competency: and


1 
(d) Afford enhanced access to educational advancement and training of women in
2 
the seafaring industry.
3 
CHED and MARINA shall work together to mainstream gender and development in
4 
the curricula of maritime institutions and training centers.
5 
Sec. 8. Right to Information. - Shipowners, manning agencies, and other
6 
organizations responsible for the recruitment and placement of seafarers, shall
7 
provide seafarers relevant information, including the terms and conditions of
8 
employment, company policies affecting seafarers, obligations of seafarers,
9 
conditions and realities attending to their profession, and necessary laws and
10 
regulations of countries covered by their sojourn. In addition, the seafarers shall, at
11 
all times, be furnished a copy of the duly executed Standard Employment Contract,
12 
as well as the results of the medical examination conducted on him/her. This right
13 
shall also include the right of seafarers' organizations to relevant information
14 
affecting the terms and conditions of employment of their members.
15 
All ships covered by this Act shall have a copy of the MLC, 2006, the grievance
16 
procedures available on-board, duly executed Standard Employment Contract of
17 
seafarers, and when there is a collective bargaining agreement (CBA), a copy of
18 
such agreement, which shall be readily available to the seafarers.
19 
Sec. 9. Right to Information of a Seafarer's Famiiy or Next-of-Kin. - In critical
20 
incidents, such as accidents or deaths on board or offshore, piracy, abandonment of
21 
vessel, and other similar cases, the seafarer's family or next-of-kin shall be
22 
immediately informed of the incident, including investigation reports, action/s taken,
23 
and plans by the shipowner and the manning agency concerned.
24 
In addition, it shall be the duty of the shipowner and the manning agency,
25 
within a reasonable period of time, to report to the POEA and the OWWA such
26 
incident and the details of the family or next-of-kin of the concerned seafarer/s.
27 
Sec. 10. Right to Safe Passage and Safe Travel. - Seafarers shall be accorded
28 
the rights to safe passage and safe travel, including the right to embark and
29 
disembark in third countries when in transit, and the right to be repatriated and
30 
return home.
31 
Sec. 11. Right to Consuitation. - Seafarers and maritime stakeholders shall be
32 
adequately consulted before adopting any maritime policy, executive issuance, rules


1 
or regulations, or in the enactment of any maritime law that may directly affect the
2 
seafarers and/or their families and beneficiaries.
3 
Sec. 12. Right against Discrimination. - Seafarers shall have the right to be
4 
protected from discrimination on the basis of race, age, sex, religion, or political
5 
opinion, as well as on the basis of disablement, taking into consideration the
6 
inherent requirements of the particular job or undertaking. Career opportunities
7 
shall be promoted, and appropriate working and living conditions shall be
8 
guaranteed equally among male and female seafarers.
9 
Sec. 13. Right to be Protected Against AH Forms of Harassment and Bullying. -
10 
Seafarers shall be protected against all forms of harassment and bullying while on
11 
board their ships. The shipowner shall put policies in place for the protection of all
12 
crew members. Maritime stakeholders and seafarers shall ensure that harassment
13 
and bullying do not take place.
14 
Shipowners and manning agencies shall also establish helplines and grievance
15 
mechanisms for all victims of harassment and bullying.
16 
Sec. 14. Right to Free Legal Representation. - Seafarers who are victims of
17 
violations of the provisions of this Act or whose contracts have been breached, who
18 
cannot afford the services of a competent and independent counsel, shall have the
19 
right to free legal assistance and protection at the government's expense, and to
20 
the fair and speedy disposition of the case, including the expeditious settlement of
21 
any money claims, subject to existing rules and regulations.
22 
Sec. 15. Right to Access to Communication. - Seafarers, especially during their
23 
free time or when they are not on duty, shall have reasonable access to ship-to-
24 
shore telephone communications, email, and internet facilities, where available.
25 
Sec. 16. Right to Record of Employment or Certificate of Employment. - At the
26 
expiration of the employment contract of the seafarer, the seafarer shall be given a
27 
record of his/her employment on board the ship, or a certificate of employment,
28 
specifying the length of service, the position the seafarer occupied, an account of
29 
his/her final wages, and such other relevant Information.
30 
Sec. 17. Right to Fair Treatment in the Event of a Maritime Accident. - In the
31 
event of a maritime accident, seafarers shall be treated fairly. They shall be entitled
32 
to all the rights under the ILO/International Maritime Organization (IMO) 2006


1 Guidelines on Fair Treatment of Seafarers in the Event of a Maritime Accident and
its amendments.
CHAPTER IV
WOMEN IN THE MARITIME INDUSTRY
5 
Sec. 18. Discrimination Against Women Seafarers. - In addition to the right
6 
against discrimination on the basis of sex, women seafarers shall be protected from
7 
the following discriminatory acts:
8 
(a) Payment of a lesser compensation, including wage, salary or other form of
9 
remuneration and fringe benefits, to a male seafarer as against a female
10 
seafarer, for work of equal value: and
11 
(b) Favoring a male seafarer over a female seafarer with respect to promotion,
12 
training opportunities, study and scholarship grants, solely on account of their
13 
sexes.
14 
Sec. 19. Gender and Development - Shipowners and manning agencies shall
15 
formulate gender and development policies. In addition, all maritime training
16 
institutions shall ensure that appropriate gender-sensitive policies are in place to
17 
promote the rights of women to adequate training and opportunities, free from
18 
discrimination, harassment and bullying.
19 
CHAPTER V
20 
SEAFARER'S DUTIES
21 
Sec. 20. Duties of a Seafarer. - Seafarers shall have the following duties:
22 
(a) To comply with and observe the terms and conditions of the Standard
23 
Employment Contract:
24 
(b) To abide by lawful and reasonable company personnel policies:
25 
(c) To follow and observe the chain and command of the vessel, and to comply
26 
with the relevant and reasonable policies and procedures on board the ship or
27 
while ashore, taking into consideration his/her religious freedom:
28 
(d) To be diligent in the performance 
of duties relating to the ship, its stores.
29
equipment, and cargo, whether on board, in transit, or ashore:
10


1 
(e) To continually improve his/her professional competency by keeping up-to-date
2 
with the latest technological and scientific knowledge applied in the maritime
3 
fields, constant reading and diligent studies, and keen observation of
4 
shipboard activities:
5 
(f) To be, at all times, orderly and respectful to the shipmates, passengers,
6 
shippers, stevedores, port authorities, and other persons who have official
7 
business with the ship; and
8 
(g) To take personal responsibility for his/her health while on board by
9 
maintaining 31 a healthy lifestyle and complying with medically prescribed 
instructions.
CHAPTER VI
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MINIMUM REQUIREMENTS FOR SEAFARERS
Sec. 21. Minimum Age. - No person below eighteen (18) years old, other than
14 
a cadet, shall be employed, engaged, or otherwise allowed to work on board
15 
Philippine-registered ships operating domestically or internationally, as well as on
16 
board foreign-registered ships.
17 
Sec. 22. Medicai Certificates. - No seafarer shall be employed, engaged, or
18 
otherwise allowed to work on board a domestic or ocean-going ship unless a
19 
medical certificate has been issued declaring the seafarer to be fit to work.
20 
For this purpose, the seafarer shall hold a valid medical certificate issued by a
21 
medical facility duly accredited by the Department of Health (DOH), in accordance
22 
with its rules and regulations.
23 
The medical certificate shall certify that the person is expected to meet the
24 
minimum requirements to perform the duty specific to the person's post safely and
25 
effectively during the validity of the certificate.
26 
During the conduct of a medical examination, the seafarer shall have the
27 
responsibility of answering truthfully all questions relating to his/her medical
28 
condition and/or medical history, including previously known illness, injury, or
29 
medical treatment, and to make a complete inventory of medication prescribed to
30 
him/her by physicians: Provided, that the processing of the medical Information of
11


1 
the seafarer shall at all times comply with the provisions of Republic Act No. 10173
2 
or the Data Privacy Act of 2012.
3 
For the purposes of this Section, a medical certificate issued in accordance
4 
with the requirements of STCW shall be accepted.
5 
Sec. 23. Training and Qualifications. - Only seafarers certified by appropriate
6 
government agencies in compliance with the STCW and other applicable
7 
international standards, shall work, be employed, or be engaged on board a ship.
8 
Sec. 24. Recruitment and Placement - Only duly licensed manning agencies
9 
shall be allowed to operate and engage in the recruitment and placement of
10 
seafarers, in accordance with rules and regulations as may be issued by the
11 
Secretary of Labor and Employment, or the Secretary in-charge of migration-related
12 
matters, including the deployment of seafarers.
13 
In all cases, no amount or fee. Including placement fees, shall be charged to
14 
the seafarer In relation to his/her recruitment and placement.
15 
CHAPTER VII
16 
TERMS AND CONDITIONS OF EMPLOYMENT
17 
Sec. 25. Standard Employment Contract for Seafarers. - There shall be a
18 
Standard Employment Contract In writing between the shipowner and the seafarer,
19 
which shall include, but not be limited to, the following Information and terms:
20 
(a) Seafarer's full name, date of birth, age, birthplace, permanent, and/or
21 
residential address:
22 
(b) Seafarer's Record Book Number, Seafarer's Identity Document Number, and
23
POEA Seafarer's Registration Number;
24 
(c) Shipowner's name and address;
25 
(d) Place where and date when the seafarer's employment agreement is entered
26 
into:
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(e) Duration of the contract:
28 
(f) Point of hire;
29 
(g) Capacity In which the seafarer is to be employed:
12


1 
(h) Amount of the seafarer's salary, and the formula used for calculating the same:
2 
(i) Maximum hours of work and minimum hours of rest;
3 
(j) Wages and wage-related benefits, which shall include, but is not limited to,
4 
overtime pay, holiday pay, vacation leave pay, premium pay, paid leaves, and
5 
13th-month pay. If applicable:
6 
(k) Compensation and benefits for occupational injury, illness, or death:
7 
(I) 
Social security and welfare benefits, including the compulsory insurance
8 
coverage as provided under Republic Act No. 8042, as amended by Republic
9 
Act No. 10022, otherwise known as The Migrant Workers Act:
10 
(m) Stipulations on repatriation or similar undertakings:
11 
(n) Separation pay and retirement pay, if applicable:
12 
(o) Reference to the CBA, If applicable: and
13 
(p) Other benefits in accordance with law, company policy, or CBA.
14 
The employment contract shall be in a working language or in the English
15 
language, executed in four (4) original copies before the commencement of the
16 
employment. The shipowner and the seafarer shall each have a signed original of
17 
the agreement. In addition, a signed original shall be made available on board the
18 
ship.
19 
For ocean-going Philippine-registered ships or foreign-registered ships, the
20 
POEA shall issue a Standard 
Employment Contract containing 
the minimum
21 
standards to be observed in the employment of seafarers. 
The Standard
22 
Employment Contract shall be reviewed and updated regularly and must, at all
23 
times, be consistent with the MLC, 2006, and other existing treaties and
24 
conventions governing seafarers, which the Philippines has ratified or will ratify in
25 
the future.
26 
Sec. 26. Maximum Hours of Work and Minimum Hours of Rest - The normal
27 
hours of work of a seafarer shall not exceed eight (8) hours a day with one (1) rest
28 
day per week. If the seafarer is required to work beyond eight (8) hours, the
29 
maximum hours of work shall not exceed fourteen (14) hours in any 24-hour period,
30 
and seventy-two (72) hours in any seven (7)-day period.
13


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The minimum hours of rest for every seafarer shall not be less than ten (10)
2 
hours in a 24-hour period. The hours of rest may be divided into two periods, one
3 
of which shall be at least six (6) hours in length, and the interval between the two
4 
periods of rest shall not exceed fourteen (14) hours.
5 
In exceptional cases, seafarers in watchkeeping duties may be required to
6 
work beyond fourteen (14) hours: Provided, that the rest period is not less than
7 
seventy (70) hours in any seven-day period: Provided, further, that such
8 
watchkeeping duties shall not be allowed for more than two (2) consecutive weeks;
9 
Provided, finally, that the intervals between the two (2) periods shall not be less
10 
than twice the duration of the exception.
11 
Seafarers shall be granted reasonable periods of shore leaves while the vessel
12 
is docked for the benefit of their health and well-being, subject to proportionate and
13 
specifically adopted rules, regulations, and measures of the Port State.
14 
Sec. 27. Paid Annual Leave. - Unless a higher annual leave is already
15 
provided in the employment contract, or under a CBA, or by the shipowner as
16 
company practice or policy, the seafarers shall be paid an annual leave, to be
17 
calculated on the basis of a minimum of 4.5 calendar days per month of
18 
employment, without prejudice to any future increases as may be prescribed by
19 
laws, rules, or regulations: provided, that the following shall not be counted as part
20 
of the annual paid leave:
21 
(a) Public and customary holidays of the Philippines, whether or not they fall
22 
during the paid annual leave:
23 
(b) Periods of incapacity for work (i) resulting from illness or Injury: (ii) due to
24 
maternity or paternity leave in accordance with law;
25 
(c) Temporary shore leave granted to a seafarer while employed: or
26 
(d) Compensatory leave of any kind.
27 
Sec. 28. Wages. - Without prejudice to higher rates provided under the
28 
Standard Employment Contract, or under a CBA, or by the shipowner as company
29 
practice or policy, the minimum wage applicable to seafarers on board ocean-going
30 
ships of Philippine or foreign registry shall be as provided in the Standard
31 
Employment Contract, which in no case be lower than the prevailing Industry
14


1 
standard on oceangoing seafaring wage rates for officers and other members of the
2 
ship's crew, and regularly paid in full at least once a month.
3 
Sec. 29. Remittance of Wages. - Shipowners shall provide the appropriate
4 
facilities and assistance to the seafarer to enable the seafarer to remit his/her
5 
wages to his/her designated allotee/s in the Philippines through any authorized
6 
Philippine bank or financial intermediary; Provided, that such allotment shall not be
7 
less than eighty percent (80%) of the seafarer's monthly basic salary.
8 
Sec. 30. Limitations on Wage Deductions. - A deduction from the seafarer's
9 
wages shall not be made without his/her written consent unless the deduction is
10 
provided for in the contract of employment and/or is authorized by law.
11 
Sec. 31. Personal Effects. - A seafarer may bring a reasonable number of
12 
articles for personal use on board the ship: 
Provided, that this shall not
13 
inconvenience the ship or cargo or pose any risk on board the ship. If the seafarers'
14 
personal effects are lost or damaged as a result of shipwreck, loss or stranding,
15 
abandonment of the vessel, or as a result of fire, flooding, collision, or piracy, the
16 
shipowner shall reimburse him/her for said loss or damage, subject to limits
17 
prescribed by existing rules and regulations, unless a higher limit is provided under
18 
the existing CBA, but in no case lower than international standards.
19 
Sec. 32. Social Welfare Benefits. - Without prejudice to established policy,
20 
CBA, or other applicable social agreement, all seafarers shall be members of, and
21 
receive the benefits conferred by, the Overseas Workers Welfare Administration
22 
(OWWA), Social Security System (SSS), Employees' Compensation and State
23 
Insurance Fund, PhilHealth, HDMF, or Pag-IBIG Fund, and other applicable social
24 
protection laws, rules and regulations, as may now or hereafter be created in favor
25 
of Filipino workers and/or OFWs.
26 
Sec. 33. Sick Leave and Sickness Benefits During Public Health Emergencies. -
27 
A seafarer who has contracted an illness or disease during public health
28 
emergencies, such as epidemics or pandemics, while in transit, or is under
29 
quarantine, shall be entitled to paid sick leave and sickness benefits until the
30 
seafarer joins the vessel.
15


1 
Sec. 34. Anti-Harassment and Bullying Policies On Board Ships. - Shipowners
2 
shall ensure protection to seafarers with policies and accessible procedures to
3 
address harassment and bullying on board ships.
4 
CHAPTER VIII
5 
ACCOMMODATION, RECREATION FACILITIES,
6 
FOOD AND CATERING IN SHIPS
7 
Sec. 35. Application. - The requirements of this Chapter covering ships of
8 
Philippine Registry shall be applicable to the following;
9 
(a) All ocean-going ships and domestic ships constructed on or after the date
10 
when the MLC, 2006 come into force;
11 
(b) All second-hand ships, whether ocean-going or domestic, acquired or leased,
12 
and entered in the Philippine Registry after the entry date into force of the said
13 
Convention, insofar as they can be reasonably refitted, unless provided
14 
exemption by the relevant Philippine government agency; and
15 
(c) All ships constructed prior to the entry into force of the MLC, 2006, which have
16 
undergone major or substantial structural alterations after the entry into force
17 
of the Convention, unless provided exemption by the relevant Philippine
18 
government agency.
19 
Sec. 36. Accommodation Facilities. - Unless otherwise exempted herein or by
20 
appropriate regulations, all ships shall have safe, decent, and adequate
21 
accommodations for seafarers, taking into account the need to protect the health
22 
and safety of seafarers working or living on board the ship. There shall be a basic
23 
shipboard facility for women, such as separate sleeping rooms.
24 
Sec. 37. Requirements for Sanitation. - All ships shall have sanitation facilities
25 
that meet the minimum standards for health and hygiene, which shall be accessible
26 
to seafarers on board. The sanitation facilities shall be located at convenient places,
27 
allowing for easy access to workstations. Separate sanitation facilities shall also be
28 
provided for male and female crew members of the ship.
29 
Sec. 38. Recreation Facilities. - Unless otherwise exempted herein or by
30 
appropriate regulations, all ships shall have recreation facilities, amenities, and
31 
services that are appropriate and accessible to seafarers; Provided, that domestic
16


1 
ships shall be exempted from this requirement considering that their trading
2 
patterns and length of voyages allow their crew to go home or to make use of
3 
comparable facilities onshore.
4 
Sec. 39. Food and Catering. - All ships shall ensure protection and promotion
5 
of the health of the seafarer. Toward this end, shipowners shall ensure that ships
6 
carry on-board and serve free food and drinking water of appropriate quality,
7 
quantity, and nutritional value that adequately cover the requirements of the ship
8 
and take into consideration the differing cultural and religious backgrounds of the
9 
seafarers on board the ship. The food and drinks in the preparation thereof shall be
10 
in accordance with the standards of the Sanitation Code of the Philippines and
11 
pertinent laws, rules, and regulations, and/or with international standards. In all
12 
cases, the ship's cooks shall be trained and qualified.
CHAPTER IX
13
14
15
16
MEDICAL CARE AND MARITIME OCCUPATIONAL 
SAFETY AND HEALTH STANDARDS
Sec. 40. Medical Care On Board Ships and Ashore. - The shipowner shall
17 
provide adequate medical facility, equipment, paraphernalia, and medical supplies,
18 
including medicines on board, and shall ensure access to shore facilities for the
19 
health of seafarers, as well as the corresponding medical or trained personnel who
20 
shall provide first-aid and medical care.
21 
The medicine chest and its contents, the medical equipment, and the medical
22 
guide on board shall be maintained and inspected regularly to ensure that labeling,
23 
expiry dates, and conditions of storage of all medicines and the directions for their
24 
use are checked, and all equipment are functioning properly.
25 
The shipowner shall ensure that seafarers have access to medical treatment
26 
for any illness or injury, hospitalization, and dental treatment until the sick or
27 
injured seafarer has recovered or until the sickness or incapacity has been declared
28 
of a permanent character.
29 
A seafarer shall have the right to consult a qualified physician or dentist
30 
without delay in ports of call, where practicable.
17


1 
The health protection and medical care under this Section shall be provided at
2 
no cost to the seafarer, in accordance with rules and regulations issued for this
3 
purpose.
4 
Sec. 41. Protection of Seafarers from Epidemics, Pandemics, or Other Pubiic
5 Health Emergencies. - Seafarers on ships should be covered by adequate measures
6 
for protection from health-related outbreaks, such as epidemics and pandemics,
7 
including the provision of personal protective supplies and equipment, as
8 
appropriate.
9 
Seafarers shall have access to prompt and adequate medical care while on
10 
board, including medical advice and confidential helplines on physical and mental
11 
health, which shall be free of charge.
12 
Shipowners shall institute preventive measures in accordance with the health
13 
regulations of the Flag State and the appropriate guidelines issued by the World
14 
Health Organization (WHO), including the necessary disinfection, decontamination,
15 
deratting, or other measures necessary to prevent the spread of infection or
16 
contamination. Affected seafarers shall also be properly Isolated and treated
17 
pursuant to established guidelines of the Flag State, the WHO, and applicable rules
18 
and regulations.
19 
In ports of call, seafarers in need of medical care shall have access to medical
20 
facilities onshore.
21 
The transit of seafarers who are medically fit to work shall be facilitated and
22 
exempted from travel-related, health-related, or movement restrictions until arrival
23 
at the point of destination.
24 
Sec. 42. Financial Security System to Assist Seafarers in case of Occupational
25 
Injury and Other Causes. - In accordance with the MLC, 2006 on Financial Security
26 
for vessels, the shipowner shall provide an expeditious and effective financial
27 
security system to assist seafarers in the event of their abandonment and to assure
28 
compensation for contractual claims In the event of sickness, injury, or death
29 
occurring while they are serving under a seafarer's employment contract, or arising
30 
from their employment under such agreement.
31 
CHAPTER X
32
TERMINATION OF EMPLOYMENT
18


1 
Sec. 43. Termination of Employment -
2 
(a) 
The employment of seafarers on board Philippine-registered ships operating
3 
internationally, as well as those on board foreign-registered ships, shall cease
4 
when the seafarers complete their period of contractual service aboard the
5 
ship, signs-off from the ship, and arrive at the destination as specified under
6 
this paragraph (b) of this Section.;
7 
(b) 
The employment is also terminated effective upon arrival at the point of
8 
destination, which shall either be at the point of hire or the seafarer's place of
9 
domicile, at the option of the seafarer, or in case of the seafarer's incapacity or
10 
death, at the option of his/her next-of-kin, for any of the following reasons:
11 
(1) When the seafarer signs-off and is disembarked for medical reasons in the
12 
event the seafarer is declared: (I) fit for repatriation: or (ii) when after an
13 
illness, the seafarer is declared fit to work, but the shipowner is unable to
14 
find employment for the seafarer on board the ship originally boarded or
15 
another ship of the shipowner;
16 
(2) When the seafarer signs-off due to sale of the ship, lay-up of the ship,
17 
discontinuance of voyage or change of ship principal, shipwreck,
18 
grounding, or unseaworthiness;
19 
(3) When the seafarer voluntarily resigns in writing and signs-off prior to the
20 
expiration of contract within a reasonable period as may be prescribed in
21 
the implementing rules and regulations of this Act: or
22 
(4) When the seafarer is discharged for just causes in accordance with the
23 
provisions of the Standard Employment Contract.
24 
Sec. 44. Extension of Employment - In the event of the extension of the term
25 
of a seafarer's employment contract, the seafarer shall be furnished a copy of the
26 
new, or supplemental contract covering the extension of his employment, with
27 
adequate time to review and obtain expert advice regarding the terms and
28 
conditions of his/her extended employment, which shall in no case be lower than
29 
the terms of his/her original employment. In all cases, the shipowner, or a duly
30 
authorized representative or the manning agency shall ensure that the seafarer has
31 
considered the effect of such an extension to any accumulated entitlement and
32 
repatriation benefits, among others.
19


1 
Manning agencies and shipowners shall submit periodic reports to the POEA on
2 
the welfare and well-being of seafarers subjected to such contract extensions.
3 
CHAPTER XI
4 
SETTLEMENT OF DISPUTES
5 
Sec. 45. On board and Onshore Grievance Machinery. - All ships of Philippine
6 
registry shall establish a grievance machinery and fair, effective, and expeditious on
7 
board and onshore procedures, at no cost to the seafarer, for the resolution of
8 
grievances or complaints.
9 
Any grievance or complaints shall first be referred to the appropriate
10 
grievance mechanism provided under this Section. In cases where a seafarer is a
11 
member of a legitimate trade union organization and covered by a CBA, he/she shall
12 
be assisted by a union-designated representative in the proceedings. Any
13 
agreements reached by the parties at the grievance proceedings shall be final and
14 
binding.
15 
Sec. 46. Mandatory Conciliation - Mediation. - In the absence of an
16 
agreement or settlement at the grievance machinery level, the following rules shall
17 
apply:
18 
(a) If there is a CBA, the matter shall be submitted for voluntary arbitration in
19 
accordance with existing laws, rules, and regulations:
20 
(b) If there is no CBA, the parties shall have the option to submit the case to
21 
compulsory arbitration or voluntary arbitration, or conciliation-mediation services
22 
provided under Republic Act No. 10396, otherwise known as "An Act Strengthening
23 
Conciliation-Mediation as a Voluntary Mode of Dispute Settlement for all Labor
24 
Cases, Amending for this Purpose Article 228 of Presidential Decree No. 442, as
25 
amended. Otherwise Known as the labor Code of the Philippines'" and its
26 
implementing rules and regulations.
27 
Sec. 47. Maritime Industry Labor Arbitration. - There shall be a pool of trained
28 
maritime industry conciliators-mediators and experts with the appropriate
29 
competence, integrity, and knowledge of the Philippine and global maritime industry
30 
practices and standards, MLC, 2006, and related Philippine-ratified conventions and
31 
treaties, who shall handle the mediation or conciliation or arbitration of all issues
32 
relating to the employment of seafarers.
20


1 
CHAPTER XII
2 
REPATRIATION
3 
Sec. 48. Seafarers' Repatriation. - In all cases of repatriation, the affected
4 
seafarer shall be repatriated to the point of hire or the place of domicile of the
5 
seafarer, at his/her option, or in case of incapacity or death, at the option of his/her
6 
next-of-kin, and all costs related to the repatriation and/or transport of the
7 
personal effects and remains of seafarers, including the provision on financial
8 
security in case of abandonment of seafarers, shall be borne by or charged to the
9 
shipowner or the manning agency concerned to expedite the repatriation without
10 
prior determination of the cause of repatriation or termination of the seafarer's
11 
employment.
12 
Sec. 49. Repatriation Expenses: Advance and Recovery. - The repatriation
13 
expenses that shall be borne by or charged to the shipowner or the manning
14 
agency concerned shall Include:
15 
(a) Basic pay and allowances from the moment the seafarers leave the ship until
16 
they reach the repatriation destination:
17 
(b) Accommodation and food during the journey to the repatriation destination;
18 
(c) Transportation charges, the normal mode of transport should be by air;
19 
(d) Deployment cost of the principal: and
20 
(e) Immigration fees, fines, and penalties.
21 
However, in cases where the termination of employment Is for just cause or
22 
upon the request of the seafarer, the cost of repatriation shall be for the account of
23 
the seafarer in accordance with the employment agreement.
24 
The responsibility to provide for the repatriation costs shall be without
25 
prejudice to the right to civil, criminal or other claims in accordance with law or
26 
otherwise, particularly in cases of maritime accident or death other than natural
27 
causes.
28 
Sec. 50. Quarantine and Medical Expenses in Repatriation Due to Infection,
29 
Epidemics or Pandemic. - Before or during the process of repatriation, the expenses
30 
of medical care and board and lodging for periods spent by seafarers in self-
31 
isolation or quarantine, whether or not the seafarers have symptoms, have been
21


1 
exposed or are quarantined as a safety precaution for the community, shall be
2 
covered by the shipowner or manning agency until the seafarers have been duly
3 
repatriated to the repatriation destination. Thereafter, medical care and quarantine
4 
expenses after repatriation to the destination shall be borne by the Philippine
5 
government, following the whole-of-government approach in the management of
6 
epidemics/pandemics.
7 
Sec. 51. Waiver of Entitlement to Repatriation. - Entitlement to repatriation
8 
may be waived by a seafarer; Provided, That the waiver shall be written, made
9 
freely and voluntarily, with full knowledge of Its consequences: Provided, however,
10 
that no such waiver shall be allowed or presumed when a seafarers is abandoned,
11 
held captive on or off the ship as a result of acts of piracy or armed robbery against
12 
the ship, or are incapable of traveling due to Illness, injury or incapacity, or other
13 
cases that affect the seafarer's safety and security.
14 
CHAPTER XIII
15
16
REINTEGRATION OF OVERSEAS FILIPINO SEAFARERS
Sec. 52. Reintegration. - There shall be developed and Implemented a full-
17 
cycle and comprehensive national reintegration program for seafarers, which shall
18 
be embedded in all stages of migration for work beginning from pre-deployment,
19 
on-site during employment and upon return, whether voluntary or involuntary. The
20 
reintegration program shall cover the different dimensions of support needed by the
21 
seafarer, such as economic, social, psychosocial, and cultural, including skills
22 
certification and recognition of equivalency for effective employment services, and
23 
shall ensure contribution to national development through investments and transfer
24 
of technology from skilled or professional seafarers.
25
26
27
CHAPTER XIV
PROVISIONS APPLICABLE TO DOMESTIC SEAFARERS
Sec. 53. Wages, Holiday Pay, Service Incentive Leave, and other Statutory
28 
Benefits. - The minimum wage rate of seafarers on board ships engaged in
29 
domestic shipping shall be determined by the Regional Wages and Productivity
30 
Boards (RTWPB), taking into account the peculiarities of the employment
22


1 
arrangement of seafarers and the criteria for wage-fixing pursuant to Republic Act
2 
No. 6727, otherwise known as the "Wage Rationalization Act;" Provided, that wages
3 
for actual work hours and days shall not be lower than the applicable minimum
4 
wage rates for actual work hours and days shall not be lower than the applicable
5 
minimum wage rates In the place where the ship is registered. Wages of domestic
6 
seafarers shall be paid in full and regularly at least twice a week in a month, or at
7 
Intervals not greater than 16 days as provided in the Labor Code of the Philippines,
8 
as amended.
9 
In addition, the provisions of the Labor Code of the Philippines, as amended,
10 
on "Prohibitions Regarding Wages," "Wage Studies, Wage Agreements, and Wage
11 
Determination," "Administration and Enforcement," "Holidays," "Service Incentive
12 
Leaves and Service Charges," shall continue to apply, unless higher annual leave is
13 
already provided under the CBA or by the shipowner as company practice or policy
14 
or seafarers' employment agreement. In addition, domestic seafarers shall also be
15 
entitled to (i) 13th month pay pursuant to Presidential Decree No. 851, as amended,
16 
(ii) paid maternity leave under Republic Act No. 11210, otherwise known as the
17 
lOSDay Expanded Maternity Leave Law, (iii) paid paternity leave under Republic Act
18 
No. 8187, otherwise known as the Paternity Leave Act of 1996, (iv) Paid parental
19 
leave for solo parents under Republic Act No. 8972, otherwise known as the Solo
20 
Parents' Welfare Act of 2000; (v) paid leave for victims of violence against women
21 
and their children under Republic Act No. 9262, otherwise known as the Anti-
22 
Violence Against Women and their Children Act of 2004, (vl) paid special leave due
23 
to surgery for any gynecological disorder, under Republic Act No. 9710, otherwise
24 
known as the Magna Carta of Women, and retirement pay, pursuant to Republic Act
25 
No. 7641.
26 
Domestic seafarers shall also be entitled to SSS, PhilHealth, and Employee
27 
Compensation Commission (ECC) benefits, HDMF or Pag-1 BIG Fund, and other
28 
applicable social protection in accordance with law, regardless of the benefits
29 
already provided under a contract, CBA, or company practice or policy.
30 
Sec. 54. Employment Contract - There shall be an agreement in writing
31 
between the shipowner and the seafarer, which shall Include the following terms:
23


1 
(a) Seafarer's full name, date of birth, age, birthplace, permanent, and/or
2 
residential address;
3 
(b) Seafarer's Record Book Number, Seafarer's Identity Document Number;
4 
(c) Shipowner's name and address;
5 
(d) Place where and date when the seafarer's employment agreement is entered
6 
into;
7 
(e) Duration of the contract;
8 
(f) Point of hire;
9 
(g) Capacity in which the seafarer is to be employed;
10 
(h) Amount of the seafarer's salary, and the formula used for calculating the
11 
same; (i) Maximum hours of work and minimum hours of rest;
12 
(j) Wages and wage-related benefits, which shall include, but is not limited to,
13 
overtime pay, holiday pay, vacation leave pay, premium pay, paid leaves, and
14 
13th-month pay. If applicable;
15 
(k) Compensation and benefits for occupational injury, illness, or death;
16 
(I) 
Social security and welfare benefits, including the compulsory insurance
17 
coverage as provided under Republic Act No. 8042, as amended by Republic
18 
Act No. 10022, otherwise known as The Migrant Workers Act;
19 
(m) Stipulations in case of rescues or other similar undertakings;
20 
(n) Separation pay and retirement pay, if applicable;
21 
(o) Reference to the CBA, if applicable; and
22 
(p) Other benefits in accordance with the law, company policy, or CBA.
23 
The foregoing employment agreement shall be executed by and between the
24 
shipowner and the seafarer before the commencement of employment. In a
25 
language or dialect understandable to both parties. The shipowner shall provide the
24


1 
domestic seafarer the signed original copy of the agreement and a certified true
2 
copy shall be made available on board the ship.
3 
The DOLE shall keep a copy of the employment contract between the
4 
shipowner and the domestic seafarer.
5 
Sec. 55. Maximum Hours of Work and Minimum Hours of Rest - The provision
6 
of Section 26 shall also apply to domestic seafarers. In addition, waiting time shall
7 
not be considered as compensable working time if the seafarer is completely
8 
relieved from his/her duty and can use the time effectively for his/her own purpose.
9 
Sec. 56. Termination of Empioyment of Domestic Seafarers. - The termination
10 
of employment of a seafarer on board domestic ships shall be governed by the
11 
provisions of the Labor Code of the Philippines, as amended, and applicable rules
12 
and regulations issued by DOLE. In case the termination of employment is initiated
13 
by the shipowner, the substantial and procedural aspects of due process shall be
14 
observed.
15 
Sec. 57. Rescue of Seafarers On-Board Domestic Ships. - The provisions under
16 
this Act on repatriation, as may be applicable, shall also apply to seafarers working
17 
on domestic ships. Seafarers on board domestic ships shall be entitled to emergency
18 
rescues In cases of war, epidemics, abandonment of ships by shipowners, disasters
19 
or calamities, whether natural or man-made, and other similar events. The
20 
Philippine Coast Guard and MARINA shall undertake and assist In the rescue of
21 
seafarers on board domestic ships.
22 
Sec. 58. Contracting or Subcontracting of Services. - The contracting or
23 
subcontracting of seafarers for work on-board domestic ships shall be governed by
24 
existing rules and regulations issued by the DOLE.
25
CHAPTER XV
26
MANNING LEVELS AND COMPLIANCE AND ENFORCEMENT
27
OF SHIPS OF PHILIPPINE REGISTRY
28 
Sec. 59. Manning Leveis. - All ships of Philippine registry shall have the
29 
required minimum manning levels as prescribed by the Maritime Industry Authority
25


1 
(MARINA). They shall, at all times, be manned by a crew that is adequate in terms
2 
of size and qualifications taking into account the need to operate the vessel safely
3 
and efficiently.
4 
Sec. 60. Crew Competence. - Every member of the crew of a ship of
5 
Philippine Registry shall possess, in addition to the required medical certificate, the
6 
appropriate certificate of competency issued by the relevant government
7 
agency/ies, setting forth his/her competence to serve in the capacity, and perform
8 
the functions involved at the level of responsibility, for the position held, for the
9 
type, tonnage, power, means of propulsion, and trading patterns of the ships
10 
concerned.
11 
The certificate of competency shall attest that the seafarer to whom it is
12 
issued meets the requirements for service, age, qualification, and examinations for
13 
the position held.
14 
Sec. 61. Compliance and Certification. - All ships of Philippine registry shall
15 
comply with the provisions of this Act. The shipowner and master shall ensure the
16 
compliance of the ship with this Act and its implementing rules and regulations, who
17 
shall be made principally liable for any violation thereof.
18 
For this purpose, a Maritime Labour Certificate or a certificate of compliance,
19 
as applicable, shall be Issued In accordance with the implementing rules and
20 
regulations of this Act.
21
Sec. 62. Inspection and Enforcement. -
22 
(a) The Secretary of Labor or the appropriate Secretary in-charge of migration
23 
related matters, or his/her duly authorized representative, shall have the
24 
authority to inspect all ships of Philippine registry, domestic or ocean-going, to
25 
ensure compliance with labor standards and occupational safety and health as
26 
provided under this Act.
27 
The enforcement and compliance monitoring activities may be coordinated and
28 
conducted by the DOLE with the relevant government agencies, including
29 
MARINA and PCG, in conjunction with their schedules for inspection and
30 
certification.
26


1 
The Secretary of Labor or the appropriate Secretary in-charge of migration
2 
related matters, or his/her duly authorized representative shall have the power
3 
to order immediate correction of. and impose fines for, violations of the
4 
relevant provisions of this Act.
5 
If the violation or deficiency constitutes a serious breach of the requirement of
6 
this Act and its implementing rules and regulations or poses an imminent
7 
danger to the ships, and/or to the life or limbs of the seafarer, the Secretary of
8 
Labor or the appropriate Secretary in-charge of migration-related matters, or
9 
his/her duly authorized representative shall coordinate with the PCG to order
10 
the detention of the ship immediately until the violation or deficiency is
11 
corrected or until a plan of action to rectify the non-conformities is shown to
12 
be implemented in an expeditious manner.
13 
(b) The Philippine Coast Guard (PCG) shall have the authority to conduct port
14 
state control inspections of vessels, including all foreign-flagged vessels,
15 
calling at any port of the Philippines, for the promotion of safety of life and
16 
property at sea, control and prevention of maritime pollution, and verification
17 
of compliance with the minimum standards of training and social condition of
18 
officers and crew on board the ships. The PCG shall assist relevant agencies in
19 
the enforcement of the provisions of this Act and its Implementing rules and
20 
regulations, and the MLC, 2006.
21 
The conduct of port state controls shall be in accordance with international
22 
conventions and instruments ratified or to be ratified in the future.
23 
The PCG Commandant or his/her duly authorized representative shall have the
24 
power to order immediate correction of, and impose fines for, violations of the
25 
relevant provisions of this Act.
26 
The PCG shall prohibit a ship from leaving port upon the order of the Secretary
27 
of Labor or the appropriate Secretary in-charge of migration-related matters,
28 
or In case of finding of non-compliance with the provisions of this Act and the
29 
MLC. 2006 and/or Its amendments and the conditions on board are clearly
30 
hazardous to the safety, health, or security of seafarers. In all 
cases, the
31 
prohibition to leave the port shall be in place until the same have been
32 
rectified or until a plan of action to rectify the non-conformities is shown to be
27


1 
implemented in an expeditious manner, and cleared by the Secretary of Labor
2 
or the appropriate Secretary in-charge of migration-related matters.
3 
Sec. 63. Recognized Organizations. - Recognized organizations may be
4 
authorized by the Secretary of Labor to conduct inspection and issue certification in
5 
accordance with the provisions of this Act and its implementing rules and
6 
regulations.
7 
A recognized organization shall have the necessary knowledge of the
8 
requirements of this Act and its implementing rules and regulations, MLC, 2006, and
9 
other relevant international treaties or conventions.
10 
A recognized organization shall also have the necessary and qualified
11 
professional, technical, and support expertise to carry out the conduct of inspection
12 
and issuance of certification.
13
14
15
25
28
CHAPTER XVI
SHIPBOARD TRAINING OF CADETS
Sec. 64. Appiicabiiity. - The provisions of Sections 5 to 17 (Seafarers' Rights),
16 
Sections 18 to 19 (Women in the Maritime Industry), Section 22 (Medical
17 
Certificate), Sections 35 to 39 (Accommodation, Recreation Facilities, Food and
18 
Catering in Ships), Section 40 (Medical Care On Board Ships and Ashore), Sections
19 
45 to 47 (Settlement of Disputes), Sections 48 to 50 (Repatriation) shall apply with
20 
respect to the training of cadets.
21 
Sec. 65. Shipboard Training Agreement for Cadets. - There shall be a written
22 
agreement among the shipowner, the cadet, and the maritime institution or school,
23 
which shall embody the following information, terms, and conditions:
24 
(a) Cadet's full name, date of birth, birthplace, and age, which should be at least
16 years old;
26 
(b) Name and address of maritime institution or school;
27 
(c) Name and address of shipowner and its manning and placement agency, if
applicable;
28


1 
(d) Place and date when the agreement is entered into;
2 
(e) Capacity in which the cadet is to be trained;
3 
(f) 
The amount of the cadet's allowance or stipend, if applicable:
4 
(g) Required number of hours of training and rest which shall not be less than the
5 
prescribed hours of rest in Section 23 of this Act:
6 
(h) Duties and responsibilities of the sponsoring company, the Maritime Higher
7 
Educational Institution (MHEIs), and cadets, as may be provided under the
8 
Standard Cadet Training Agreement on Ships Engaged in International Voyage
9 
of the Philippine Overseas Employment Administration (POEA); and
10 
(i)
11
12
Other benefits in accordance with existing laws, company policy, or 
agreements.
In no case shall cadets perform activities outside of the scope of the cadet
13 
shipboard training program.
14 
The foregoing agreement shall be in a language familiar to and understood by
15 
all parties or in English, executed in four (4) original copies before the
16 
commencement of the shipboard training. The shipowner, cadet and the maritime
17 
institution/school shall each have a signed original of the agreement, and an
18 
electronic copy thereof shall be submitted to the DOLE, through the Bureau of
19 
Working Conditions (BWC). A signed original copy shall also be made available on-
20 
board the ship.
21 
Sec. 66. No Discrimination of Women for Shipboard Training. - Women cadets shall
22 
be accorded equal access to training and shall not be discriminated against for
23 
shipboard training.
24
25
CHAPTER XVII
INCENTIVES AND AWARDS GRANTED TO THE MARITIME INDUSTRY
26 
Sec. 67. Incentives and Awards. - There shall be established an incentives and
27 
awards system for the maritime industry stakeholders, which shall be developed and
28 
administered by the concerned government agency upon consultation with the
29 
Maritime Industry Tripartite Council (MITC).
29


Under such rules and regulations that may be promulgated, deserving 
shipowners, seafarers, manning, and other organizations or entities shall be 
commended or awarded for their outstanding performance in upholding the rights 
of seafarers and complying with this Act.
5 
CHAPTER XVI11
6 
ROLE OF GOVERNMENT AGENCIES
7 
Sec. 68. Role of Government Agencies. - The following government agencies
8 
shall perform the following functions to promote the welfare and protect the rights
9 
of seafarers:
10 
(a)
11 
12
13
14
15
16
17
18 
(b)
19
20 
21 
22
23
24
25
26 
(C)
27
28
29
30
Commission on Higher Education (CHED). CHED shall set the standards and 
monitor the performance of maritime education programs and maritime higher 
education institutions, ensuring that quality maritime education, including 
curricula and training programs, are structured and delivered in accordance 
with the written programs, methods, and media of delivery, procedures, and 
course materials compliant with international standards prescribed under the 
STCW Convention and its amendments. For this purpose, CHED shall be in 
close coordination with the MARINA.
Department of Labor and Employment (DOLE). DOLE shall ensure that the 
standards set forth under this Act. Presidential Decree No. 442, as amended, 
and other domestic laws, the MLC, 2006 and other international treaties and 
conventions to which the Philippines is a signatory are faithfully complied with 
and fairly applied to seafarers.
To this end, the DOLE shall establish an effective system for the Inspection 
and certification to ensure that the working and living conditions of seafarers 
are met and continue to be met pursuant to the MLC, 2006.
Department of Foreign Affairs (DFA). DFA, through its consular offices or 
foreign service posts, in coordination with the appropriate government agency, 
shall take priority action or make representation with the foreign authority 
concerned to protect the rights of seafarers and extend immediate assistance, 
including the repatriation of distressed or beleaguered seafarers.
30


1 
(d) Department of Health (DOH). DOH shall regulate the activities and operations
2 
of all clinics which conduct medical, physical, optical, dental, psychological,
3 
and other similar examinations, hereinafter referred to as health examinations,
4 
on seafarers.
5 
The DOH shall determine and prescribe the nature of the medical examination
6 
that shall be required of a seafarer, ensuring that such examination will
7 
genuinely determine the seafarer's State of health, considering the duties that
8 
he/she shall be required to perform on board. The DOH shall likewise prescribe
9 
the contents of the medical certificate to ensure that such certification will
10 
genuinely reflect the seafarer's state of health.
11 
(e) Philippine Overseas Employment Administration (POEA). POEA shall review and
12 
improve on the working conditions and terms of employment of the officers
13 
and crew of vessels of Philippine registry, and of such officers and crew
14 
members who are Filipino citizens and employed by foreign vessels.
15 
(f) Overseas Workers' Welfare Administration (OWWA). The OWWA, through its
16 
welfare officer or, in his absence, the coordinating officer, shall provide the
17 
seafarers and his/her family all the assistance they may need in the
18 
enforcement of contractual obligations by agencies and/or by their principals.
19 
The OWWA shall likewise formulate and implement welfare programs for
20 
overseas Filipino seafarers and their families while they are abroad and upon
21 
their return. It shall ensure the awareness by the overseas Filipino workers
22 
and their families of these programs and other related governmental
23 
programs.
24 
(g) Maritime Industry Authority (MARINA). The MARINA shall ensure that the
25 
examination, licensing, and certification system for seafarers are in accordance
26 
with the requirements prescribed under the STCW Convention, international
27 
agreements, other conventions relevant thereto, and other applicable laws,
28 
rules, and regulations.
29 
(h) National Maritime Polytechnic. The NMP shall strengthen its research capability
30 
to provide studies/resources for evidenced-based policy decision-making and
31 
program development, and continuously address gaps in the protection and
32 
welfare of the seafarers.
31


1 
The NMP shall also continue to develop, enhance, and increase the
2 
accessibility of its gender and women empowerment and training courses for
3 
seafarers to the maritime industry, which shall be made available in any
4 
format, including digital and/or e-learning format.
5 
(i) Philippine Coast Guard (PCG). The PCG shall undertake port state control
6 
inspections of vessels calling at any port of the Philippines, in accordance with
7 
international conventions and standards, for the promotion of safety of life and
8 
property at sea, control and prevention of maritime pollution, and verification
9 
of compliance with the minimum standards of training and social condition of
10 
officers and crew on board the ships.
11 
The PCG shall likewise, in line with its function to assist in the enforcement of
12 
applicable laws within the maritime jurisdiction of the Philippines, assist the
13 
DOLE in the enforcement of the rules and regulations issued for the purpose of
14 
implementing the MLC, 2006, including orders to detain vessels found in gross
15 
violation of pertinent laws, rules and regulations.
16 
Unless otherwise provided in this Act, the mandate, power and function of all
17 
existing departments, agencies, and instrumentalities of the government, including
18 
government-owned and controlled corporations, shall remain and continue to be
19 
recognized in accordance with law or order creating them.
20 
Sec. 69. One-Stop Shop Center for OFWs (OSSCO). - There shall be
21 
established in each region a One Stop Shop Center for OFWs, which shall be co-
22 
located in the regional offices of the POEA, and shall have, as far as practicable,
23 
representatives from agencies that process the documents or issue the required
24 
licenses, permits and clearances required of seafarers.
25 
Sec. 70. Registry of Seafarers. - The POEA, for ocean-going ships of foreign
26 
registry, and MARINA, for domestic and ocean-going ships of Philippine registry,
27 
shall maintain a registry of all seafarers in the Philippines: Provided, that the
28 
registry of seafarers aboard ocean-going ships shall be integrated to the
29 
management information system established under the Migrant Workers and
30 
Overseas Filipinos Act, as amended. The registry shall contain updated and relevant
31 
information or data to promote employment opportunities for seafarers, whether on
32


1 
board or ashore, or to provide a list of available training and education to support
2 
skills development and competencies of seafarers, as well as a digitalized copy of
3 
the duly executed contract.
4 
POEA and MARINA shall ensure compliance with Republic Act No. 10173,
5 
otherwise known as the "Data Privacy Act of 2012," and its implementing rules and
6 
regulations in handling the relevant information or data of seafarers in their
7 
respective registries.
8 
Sec. 71. Maritime Occupational Safety and Health Standards. - The DOLE, in
9 
consultation with the maritime industry stakeholders, shall formulate the Maritime
10 
Occupational Safety and Health Standards (MOSHS) pursuant to the provisions of
11 
Republic Act No. 11058, otherwise known as the "Occupational Safety and Health
12 
Law" and pertinent maritime conventions and treaties ratified by the Philippines.
13
14
15
CHAPTER XIX
FINAL PROVISIONS
Sec. 72. Administrative Fines and Penalties. - Any shipowner, master, their
16 
representatives or other person who fails or refuses to present employment records,
17 
such as payrolls, daily time records, pay slip, or other documents, such as medical
18 
records, when required by the individual seafarer, the Secretary of Labor or his duly
19 
authorized representative, or the duly authorized representative of a recognized
20 
organization, shall be subjected to administrative fines ranging from One Hundred
21 
Thousand Pesos (Phpl00,000) to One Million Pesos (Phpl,000,000), in accordance
22 
with the implementing rules and regulations of this Act.
23 
Sec. 73. Penalties for Violations of Section 68. - Any shipowner, master, their
24 
representatives who operate without, or fails to present, a valid Maritime Labour
25 
Certificate, or its equivalent, shall be punished with fines ranging from One Hundred
26 
Thousand Pesos (Phpl00,000) to One Million Pesos (Phpl,000,000.00), in
27 
accordance with the implementing rules and regulations of this Act.
28 
Sec. 74. Penalties for Violations of Sections 69 and 70. - Any person who,
29 
without proper authorization, exercises the authority granted to the Secretary of
33


1 
Labor and Employment under Sections 69 and 70 of this Act shall be punished with
2 
a fine of not less than Two Hundred Thousand Pesos (Php200.000.00) nor more
3 
than Two Million Pesos (Php2l000,000)f or imprisonment of not less than one (1)
4 
year nor more than four (4) years, or both at the discretion of the court. The
5 
foregoing offense shall prescribe after five (5) years from Its commission.
6 
Sec. 75. Transitory Provision. - All rights, privileges, and benefits previously
7 
enjoyed by seafarers before the effectivity of this Act, including those set forth in
8 
Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines,
9 
as amended, and Republic Act No. 8042, otherwise known as the "Migrant Workers
10 
and Overseas Filipinos Act of 1995," as amended, shall continue to be recognized
11 
and shall not be diminished after the effectivity of this Act.
12 
Sec. 76. Implementing Rules and Regulations. - Within ninety (90) days from
13 
the effectivity of this Act. the DOLE, in coordination with DFA, MARINA, CHED,
14 
TESDA, PCG, POEA, OWWA, and other concerned agencies, and upon consultation
15 
with relevant stakeholders, shall formulate the rules and regulations for the effective
16 
implementation of this Act.
17 
Sec. 77. Separability Clause. - If, for any reason, any section, clause or term
18 
of this Act is held to be Illegal, Invalid, or unconstitutional, such parts not affected
19 
by such declaration shall remain In full force and effect.
20 
Sec. 78. Repealing Clause. - All laws, presidential decrees, issuances,
21 
executive orders, letters of instruction, rules, and regulations inconsistent with the
22 
provisions of this Act are hereby repealed or modified accordingly.
23 
Sec. 79. Effectivity Clause. - This Act shall take effect fifteen (15) days after
24 
its publication in the Official Gazette or in a newspaper of general circulation.
25
26
Approved,
34