NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE 
S. No. 46
RECE
DATE
BILLS
sMDEX
Introduced by SENATOR JINGGOY EJERCITO ESTRADA
AN ACT
INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS
EXPLANATORY NOTE
The Philippines, being an archipelago of 7,641 islands and surrounded by vast 
waters, is home to a large population of seafarers. In fact, the country is one of the 
major sources of seafarers in the world. The Department of Labor and Employment 
(DOLE) estimates that there are around 400,000 Filipino seafarers working abroad. 
The International Labour Organization (ILO) also considers the Philippines as source 
of nearly one-third of the seafarers working In foreign flag ships.
Among the Asian countries, the Philippines is the leading supplier of seafarers 
and officers. Seafarers are also an important economic sector, with the country 
earning $6.5 billion In 2019 from the seafarers1. The sector effectively facilitated major 
economic activities of commerce, trade, tourism and transportation.
The Philippines ratified the Maritime Labour Convention, 2006 on August 20, 
2012 and became the 30th member state to do so which enabled the Convention to 
come Into effect as binding international law.
Given the commitment the country has demonstrated In ensuring decent work 
for seafarers and the substantial contribution of the seafaring fleet to the national
1 "PH is top provider of seafarers -UNCTAD." November 24, 2021.
https://www.manilatimes.net/2021/ll/24/business/maritime/ph-is-top-provider-of-seafarers-
unctad/1823356


economy, it is imperative that a legislation embodying and enforcing the "Seafarers' 
Bill of Rights" is enacted.
I am refiling this bill which I originally submitted during the Sixteenth Congress. 
This version was reported out by the Senate Committees on Labor, Employment and 
Human Resources Development, and Foreign Relations during the Eighteenth 
Congress.
In view of the foregoing, immediate passage of this measure is earnestly
sought.
•Y E3ERCITO ESTRADA


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NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
s. No. 46
ft. 
isiSisy
^ °DATE: 0(aV C/( 
ItP T5M2:
BILLS
a
Introduced by SENATOR JINGGOY EJERCITO ESTRADA
AN ACT
INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
CHAPTER I
DECLARATION OF POLICY
Section 1. Short Title-This Act shall be known as the "Magna Carta of Filipino 
Seafarers"
Sec. 2. Declaration of Policies. - It is hereby declared the policy of the State:
a) To recognize the rights, contributions, and unique role of seafarers as 
essential maritime professionals, acknowledge their vuinerabilities, and 
afford them full protection before, during, and after their employment;
b) To recognize that seafarers are a special category of key workers providing 
essential services, and given the global nature of the shipping industry and 
the different jurisdictions that seafarers may be brought into contact with, 
they are in need of special protection;
c) To encourage the participation of women in the seafaring profession and 
contribute meaningfully to the achievement of national development goals 
as productive members of the community;
d) To maintain and progressively develop a pool of competent and world-class 
seafarers through a system of education, training, certification, and 
licensing;


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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 the 
international conventions and agreements regarding the working and living 
conditions and occupational safety and health, among others, of seafarers, 
particularly the Maritime Labor 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 
conditions, terms and conditions of employment, and career prospects, and provide 
them opportunities to harness their potentials to the fullest. The State shall also uplift 
the socio-economic well-being of the seafarers' families.
CHAPTER II 
GENERAL PROVISIONS
Sec. 3 Coverage. - This Act shall cover:
a) All Filipino seafarers who are to be engaged, engaged, employed, or 
working in any capacity, on board Philippine or foreign-registered ships, 
except those to be engaged, engaged, employed, or working in the 
following categories of ships:
1) Warships, naval auxiliaries, and Coast Guard vessels;
2) Government ships not engaged in commercial operations;
3) Ships of traditional built, as may be defined under existing rules and 
regulations; and
4) Fishing vessels, as may be defined by appropriate rules and regulations 
to be issued by the Department of Labor and Employment (DOLE), In 
consultation with the Bureau of Fisheries and Aquatic Resources and 
other relevant stakeholders.
For the purpose of this Act, a seafarer is deemed "to be engaged" as such if 
the seafarer has been contracted for overseas employment but has yet to leave the 
Philippines.


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b) All Filipino seafarers on board Philippine registered domestic ships engaged 
in trade and commerce between Philippine ports and within Philippine 
territorial or internal waters shall be covered primarily by equivalent 
provisions of the Labor Code of the Philippines, as amended and related 
social and welfare benefits laws. For this purpose, the DOLE shall issue the 
appropriate rules and regulations to govern the employment of domestic 
seafarers.
Sec. 4. Definition of Terms. - As used In this Act, the following terms shall have 
the following meaning:
a) Abandonment - refers to a situation where, in violation of the terms of the 
employment contract, the shipowner:
i) Fails to cover the cost of the seafarer's repatriation; 
il) Has left the seafarer without the necessary maintenance and support; 
or
iii) Has otherwise unilaterally severed their ties with the seafarer, including 
failure to pay contractual wages for a period of at least two (2) months;
b) Cadet - refers to a student of a maritime educational institution who Is 
required to undergo training on board registered International or domestic 
ships to fulfil a maritime degree or technical course;
c) Domestic shipping - refers to the transport of passenger or cargo, or both, 
by ships duly registered and licensed under Philippine law to engage In trade 
and commerce between Philippine ports and within Philippine territorial or 
internal waters, for hire or compensation, with general or limited clientele, 
whether permanent, occasional or incidental, with or without fixed routes, 
and done for contractual or commercial purposes;
d) International Maritime Convention or Internationa! Convention - refers to 
any written treaty or agreement, or any protocol or amendment thereto, 
affecting the maritime Industry, which has come into force and effect, 
Including the MLC 2006;
e) Internationa! Convention on Standards of Training, Certification, and 
Watchkeeping for Seafarers (STCW)- refers to the international convention 
that establishes the minimum standards relating to training, certification,


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and watchkeeping for seafarers, which the Philippines acceded to on May 
22, 1984;
f) Manning Agency- refers to a natural or juridical person duly licensed by 
the Secretary of the Department to engage in the recruitment and 
placement of seafarers;
g) Maritime Accident - refers to any unforeseen occurrence or physical event 
connected to the navigation, operations, maneuvering, or handling of ships, 
or the machinery, equipment, material, or cargo on board such ships which 
may result in the detention of seafarers;
h) Maritime Industry Stakehoiders - refer to all private sector stakeholders 
engaged in the business of owning, managing, chartering or operating 
domestic and International shIp/s of Philippine or foreign registry, manning 
of ships, management of ports, stevedoring and arrast'e services, ship 
brokering and chartering, shipbuilding and ship repair, providing maritime 
services, such as ship supplies and provisions, maritime education and 
training, shipping agency, and other similar activities.
This term shall also Include bona fide maritime labor organizations, 
professional associations of seafarers, associations promoting seafarers' 
welfare, and women's maritime organizations;
i) Maritime Labor Certificate - refers to the document that certifies that the 
working and living conditions of the seafarers on the ship have been 
Inspected and are compliant with the requirements of the MLC, 2006 and of 
applicable Philippine laws and regulations;
j) Maritime Labour Convention/ 2006 (MLC, 2006) - refers to the consolidated 
Maritime Labour Convention approved by the International Labour 
Organization (ILO) in 2006 and ratified by the Philippines on August 20, 
2012;
k) Master refers to a person having command of a ship and acts the 
shipowners' representative;
l) 
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;


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m) 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;
n) 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 ail stakeholders, among others. In all 
cases and as far as practicable, the OSSCOs shall be co-located with DMW 
POEA regional offices. Agencies at these centers shall, as far as practicable, 
include the Department of Labor and Employment (DOLE), Department of 
Migrant Workers (DMW), Department of Foreign Affairs (DFA), Philippine
Overseas-.Employmcnt 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 (PhllHealth), Social Security System (SSS), Philippine 
Statistics Authority (PSA), Bureau of Immigration (BI), 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;
o) 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;
p) Recognized Organizations- refer to organizations recognized by the DOLE 
to carry out inspections or issue the Maritime Labor Certificate In accordance 
with the scope of activities covered by their authorizations;
q) Repatriation - refers to the process of returning a seafarer to the point of 
destination, which shall be the point of hire or the seafarer's place of


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domicile, at the option of the seafarer, or in case of incapacity or death, at
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the option of his/her next-of-kin;
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r) Standard Employment Contract (SEC) or Employment Contract- refers to a
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government-prescribed contract containing the minimum terms and
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conditions of employment;
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s) Seafarer- refers to any Filipino who is to be employed, is employed, or is
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engaged to work in any capacity on board a ship covered under this Act;
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t) Ship or Vessel - refers to any kind, class or type of craft or artificial
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contrivance capable of floating in water, whether publicly or privately
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owned, ordinarily engaged in commercial activities;
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u) Shipowner or Principal- refers to the owner of the ship employing Filipino
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seafarers to work on board domestic ships and ships engaged in
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international trade, or any other organization or person, such as the
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manager, agent or bareboat charterer, who has assumed the responsibility
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for operation and management of the ship from the shipowner, and who, in
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assuming such responsibilities, has agreed to take over all the attendant
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duties and responsibilities of a shipowner under this Act, regardless of
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whether any other organization or persons fulfill certain duties or
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responsibilities on behalf of the shipowner.
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CHAPTER III
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SEAFARER'S RIGHTS
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Sec. 5. Right to Just Terms and Conditions of Work. - Seafarers shal! have the
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right to:
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a) A safe and secure workplace that complies with safety standards;
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b) Decent working and living conditions on board a ship;
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c) Medical care and confirmatory tests, welfare measures and other forms of
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health and social protection;
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d) Fair terms and conditions of employment, including salary commensurate
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to their rank, hours of work, paid sick leave or sickness benefits, the
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maximum number of workers hours, and minimum hours of rest periods,
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consistent with Philippine laws or international maritime conventions; and


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e) Compensation and benefits in the event of death or long-term disability for
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occupational injuries, illnesses and hazards.
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Sec. 6. Right to Self-Organization, to Engage in Collective Bargaining and to
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Participate in Democratic Exercises. - Seafarers shall enjoy their right to self-
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organization, to collective bargain, to form or join international organization of
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seafarers or network with seafarers of different nationalities, and to participate in the
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deliberation of issues and in the formulation of policies that affect them, including the
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guarantee of representation in governing boards or appointment in government
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instrumentalities.
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Sec. 7. Right to Educational Advancement and Training at Reasonable and
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Affordable Costs. - Seafarers shall have access to educational advancement and
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training at reasonable and affordable costs.
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Toward this end, relevant government agencies shall:
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a) Regulate the operation of all educational and training institutions offering
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courses related to seafaring;
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b) Pursue grant programs, such scholarships, subsidies, loan assistance and
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other measures that will harness the skills of seafarers toward greater
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competitiveness given the new and evolving demands in the industry;
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c) Promote quality maritime education and training that respond to the needs
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of the industry and in accordance with minimum International maritime
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standards of competency; and
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d) Afford enhanced access to educational advancement and training of women
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in the seafaring industry.
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CHED and MARINA shall work together to mainstream gender and development
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in the curricula of maritime institutions and training centers.
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Sec. 8. Right to Information. - Shipowners, manning agencies, and other
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organizations responsible for the recruitment and placement of seafarers shall provide
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seafarers relevant information, including the terms and conditions of employment,
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company policies affecting seafarers, conditions and realities attending to their
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profession, and necessary laws and regulations of countries covered by their sojourn.
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In addition, the seafarers shall, at all times, be furnished a copy of the duly executed
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Standard Employment Contract, as well as the results of the medical examination


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conducted on him/her. The right shall also Include the right of seafarers' organizations 
to relevant information affecting the terms and condition of employment of their 
members.
All ships covered by this Act shall have a copy of the MLC, 2006, the grievance 
procedures observed on-board, duly executed Standard Employment Contract of 
seafarers, and when there is a collective bargaining agreement (CBA), a copy of such 
agreement, which shall be readily available to the seafarers.
Sec. 9. Right to Information of a Seafarer's Famiiy or Next-of-Kin. - In critical 
incidents, such as accidents or deaths on board or offshore, piracy, abandonment of 
vessel, and other similar cases, the seafarer's family or next-of-kin shall be 
immediately informed of the incident, including investigation reports, action/s taken, 
and plans by the shipowner and the manning agency concerned.
Sec. 10. Right to Safe Passage and Safe Travei. - Seafarers shall be accorded 
the rights to safe passage and safe travel, including the right to embark and disembark 
in third countries when In transit, and the right to be repatriated and return home.
Sec. 11. Right to Consultation. - Seafarers and maritime stakeholders shall be 
adequately consulted before adopting any maritime policy, executive issuance, rules 
or regulations, or in the enactment of any maritime law that may directly affect the 
seafarers and/or their families and beneficiaries.
Sec. 12. Right Against Discrimination. - Seafarers shall have the right to be 
protected from discrimination on the basis of race, sex, religion, or political opinion, 
as well as on the basis of disablement, taking into consideration the Inherent 
requirements of the particular job or undertaking. Career opportunities shall be 
promoted, and appropriate working and living conditions shall be guaranteed equally 
among male and female seafarers.
Sec. 13. Right to be Protected Against AH Forms of Harassment and Bullying. - 
Seafarers shall be protected against all forms of harassment and bullying while on 
board their ships. The shipowner shall put policies in place for the protection of all 
crew members. Maritime stakeholders and seafarers shall ensure that harassment and 
bullying do not take place.
Shipowners and manning agencies shall also establish helplines and grievance 
mechanisms for all victims of harassment and bullying.


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Sec. 14. Right to Free Legal Representation. - Seafarers who are victims of 
violations of the provisions of this Act or whose contracts have been breached, who 
cannot afford the services of a competent and independent counsel, shall have the 
right to free legal assistance and protection at government's expense, and to the fair 
and speedy disposition of the case, including the expeditious settlement of any money 
claims, subject to existing rules and regulations.
Sec. 15. Right to Access to Communication. - Seafarers, especially during their 
free time or when they are not on duty, shall have reasonable access to ship-to-shore 
telephone communications, and email and internet facilities, where available.
Sec. 16. Right to Record of Employment or Certificate of Employment - At the 
expiration of the employment contract of the seafarer, the seafarer shall be given a 
record of his/her employment on board the ship or a certificate of employment 
specifying the length of service, the position the seafarer occupied, an account of 
his/her final wages, and such other relevant information.
Sec. 17. Right to Fair Treatment in the Event of a Maritime Accident - In the 
event of a maritime accident, seafarers shall be treated fairly. They shall be entitled 
to all the rights under the ILO/Internatlonal Maritime Organization (IMO) 2006 
Guidelines on Fair Treatment of Seafarers in the Event of a Maritime Accident and its 
amendments.
CHAPTER IV
WOMEN IN THE MARITIME INDUSTRY
Sec. 18. Discrimination Against Women Seafarers. - In addition to the right 
against discrimination on the basis of sex, women seafarers shall be protected from 
the following discriminatory acts:
a) Payment of a lesser compensation, including wage, salary or other form of 
remuneration and fringe benefits, to a male seafarer as against female 
seafarer, for work of equal value; and
b) Favoring a male seafarer over a female seafarer with respect to promotion, 
training opportunities, study and scholarship grants, solely on account of 
their sexes.
Sec. 19. Gender and Development - Shipowners and manning agencies shall 
formulate gender and development policies. In addition, all maritime training


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institutions shall ensure that appropriate gender-sensitive policies are in place to 
promote the rights of women to adequate training and opportunities, free from 
discrimination, harassment and bullying.
CHAPTERV 
SEAFARER'S DUTIES
Sec. 20. Duties of a Seafarer. - Seafarers shall have the following duties:
a) To comply with and observe the terms and conditions of the Standard 
Employment Contract;
b) To abide by lawful and reasonable company personnel policies;
c) To follow and observe the chain and command of the vessel, and to comply 
with the relevant and reasonable policies and procedures on board the ship 
or while ashore, taking into consideration his/her religious freedom;
d) To be diligent in the performance of duties relating to the ship, its stores, 
equipment and cargo, whether on board, in transit or ashore;
e) To be, at all times, orderly and respectful to the shipmates, passengers, 
shippers, stevedores, port authorities, and other persons who have official 
business with the ship; and
f) To take personal responsibility for his/her health while on board by 
maintaining a healthy lifestyle and complying with medically prescribed 
instructions.
CHAPTER VI
MINIMUM REQURIEMENTS FOR SEAFARERS
Sec. 21. Minimum Age. - No person below eighteen (18) years old, other than 
a cadet, shall be employed, engaged, or otherwise allowed to work on board 
Philippine-registered ships operating domestically or internationally, as well as on 
board foreign-registered ships.
Sec. 22. Medical Certificates. - No seafarer shall be employed, engaged, or 
otherwise allowed to work on board a domestic or ocean-going ship unless a medical 
certificate has been issued declaring the seafarer to be fit to work.
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For this purpose, the seafarer shall hold a valid medical certificate issued by a 
medical facility duly accredited by the Department of Health (DOH), in accordance 
with its rules and regulations.
The medical certificate shall certif/ that the person is expected to meet the 
minimum requirements to perform the duty specific to the person's post safely and 
effectively during the validity of the certificate.
During the conduct of a medical examination, the seafarer shall have the 
responsibility of answering truthfully all questions relating to his/her medical condition 
and/or medical history. Including previously known Illness, injury, or medical 
treatment, and to make a complete inventory of medication prescribed to him/her by 
physicians; Provided, That the processing of the medical information of the seafarer 
shall at all times comply with the provisions of Republic Act No. 10173 or the "Data 
Privacy Act of 2012."
For purposes of this section, a medical certificate issued in accordance with the 
requirements of STCW shall be accepted.
Sec. 23. Training and Quaiifications. - Only seafarers certified by appropriate 
government agencies in compliance with the STCW and other applicable International 
standards, shall work, be employed or be engaged on board a ship.
Sec. 24. Recruitment and Piacement - Only duly licensed manning agencies 
shall be allowed to operate and engage in the recruitment and piacement of seafarers, 
in accordance with rules and regulations as may be issued by the Secretary of Labor 
and Employment, or the Secretary-in-charge of migration-related matters, including 
the deployment of seafarers.
In all cases, no amount or fee, including placement fees, shall be charged to 
the seafarer In relation to his/her recruitment and placement.
CHAPTER VII
TERMS AND CONDITIONS OF EMPLOYMENT
Sec. 25. Standard Empioyment Contract for Seafarers. - There shall be a 
Standard Employment Contract in writing between the shipowner and the seafarer, 
which shall include, but not be limited to, the following information and terms:
a) Seafarer's full name, date of birth, age, birthplace, permanent and/or 
residential address;
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b) Seafarer's Record Book Number, Seafarer's Identity Document Number, and
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POEA Seafarer's Registration Number;
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c) Shipowner's name and address;
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d) Place where and date when the seafarer's employment agreement is
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entered into;
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e) Duration of the contract;
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f) Point of hire;
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g) Capacity in which the seafarer is to be employed;
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h) Amount of the seafarer's salary, and the formula used for calculating the
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same;
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i) Maximum hours of work and minimum hours of rest;
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j) Wages and wage-related benefits, which include, but not limited to,
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overtime pay, holiday pay, vacation leave pay, premium pay, paid leaves,
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and 13th month pay. If applicable;
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k) Compensation and benefits for occupational injury, Illness, or death;
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I) Social security and welfare benefits, including the compulsory insurance
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coverage as provided under Republic Act No. 8042, as amended by Republic
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Act No. 10022, otherwise known as The Migrant Workers Act;
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;m) Stipulations on repatriation or similar undertakings;
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n) Separation pay and retirement pay, if applicable;
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o) Reference to the CBA, if applicable; and
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p) Other benefits in accordance with law, company policy or CBA.
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The employment contract shall be in a working language or in the English
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language, executed in four (4) original copies before the commencement of the
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employment. The shipowner and the seafarer shall each have a signed original of the
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agreement. In addition, a signed original shall be made available on board the ship.
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For ocean-going Philippine-registered ships or foreign-registered ships, the
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DMW POEA shall Issue a Standard Employment Contract containing the minimum
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standards to be observed in the employment of seafarers. The Standard Employment
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Contract shall be reviewed and updated regularly and must, at all times, be consistent
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with the MLC, 2006, and other existing treaties and conventions governing seafarers,
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which the Philippines has ratified or will ratify In the future.
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Sec. 26. Maximum Hours of Work and Minimum Hours of Rest - The normal 
hours of work of a seafarer shall not exceed eight (8) hours a day with one (1) rest 
day per week. If the seafarer is required to work beyond eight (8) hours, the maximum 
hours of work shall not exceed fourteen (14) hours in any twenty-four (24)-hour 
period, and seventy-two (72) hours in any seven (7)-day period.
The minimum hours of rest for every seafarer shall not be less than ten (10) 
hours in a twenty-four (24)-hour period. The hours of rest may be divided into two 
(2) periods, one of which shall be at least six (6) hours in length, and the interval 
between the two periods of rest shall not exceed fourteen (14) hours.
In exceptional cases, seafarers in watchkeeping duties may be required to work 
beyond fourteen (14) hours: Provided, that the rest period is not less than seventy 
(70) hours in any seven (7)-day period; Provided, further, that such watchkeeping 
duties shall not be allowed for more than (2) consecutive weeks; Provided, finally, that 
the intervals between the two (2) periods shall not be less than twice the duration of 
the exception.
Seafarers shall be granted reasonable periods of shore leaves while the vessel 
is docked for the benefit of their health and well-being, subject to proportionate and 
specifically adopted rules, regulations, and measures of the Port State.
Sec. 27. Paid Ann uai Leave. - Unless a higher annual leave Is already provided 
in the employment contract, or under a CBA, or by the shipowner as company practice 
or policy, the seafarers shall be paid an annual leave, to be calculated on the basis of 
a minimum of 4.5 calendar days per month of employment, without prejudice to any 
future Increases as may be prescribed by laws, rules, or regulations: Provided, that 
the following shall not be counted as part of the annual paid leave:
a) Public and customary holidays of the Philippines, whether or not they fall 
during the paid annual leave;
b) Periods of incapacity for work i) resulting from Illness or injury; il) due to 
maternity or paternity leave in accordance with law;
c) Temporary shore leave granted to a seafarer while employed; or
d) Compensatory leave of any kind.
Sec. 28. Wages. - Without prejudice to higher rates provided under the 
Standard Employment Contract, or under a CBA, or by the shipowner as company
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practice or policy, the minimum wage applicable to seafarers on board ocean-going
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ships of Philippine or foreign registry shall be as provided in the Standard Employment
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Contract, which in no case be lower than the prevailing industry standard on ocean-
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going seafaring wage rates for officers and other members of the ship's crew, and
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regularly paid in full at least once a month.
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Sec. 29. Remittance of Wages. - Shipowners shall provide the appropriate
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facilities and assistance to the seafarer to enable the seafarer to remit his/her wages
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to his/her designated allotee/s in the Philippines through any authorized Philippine
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bank or financial intermediary; Provided, that such allotment shall not be less than
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eighty percent (80%) of the seafarer's monthly basic salary.
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Sec. 30 Limitations on Wage Deductions. - A deduction from the seafarer's
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wages shall not be made without his/her written consent unless the deduction is
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provided for in the contract of employment and/or is authorized by law.
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Sec. 31. Personai Effects. - A seafarer may bring a reasonable number of
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articles for personal use on board the ship; Provided, that this shall not Inconvenience
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the ship or cargo or pose any risk on board the ship. If the seafarers personal effects
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are lost or damaged as a result of shipwreck, loss or stranding, abandonment of the
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vessel, or as a result of fire, flooding, collision, or piracy, the shipowner shall reimburse
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him/her for said loss or damage, subject to limits prescribed by existing rules and
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regulations, unless a higher limit is provided under the existing CBA, but in no case
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lower than international standards.
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Sec. 32. Sociai Weifare Benefits. - Without prejudice to established policy, CBA
23 
or other applicable social agreement, all seafarers shall be members of, and receive
24 
the benefits conferred by the Overseas Workers Welfare Administration (OWWA),
25 
Social Security System (SSS), Employees' Compensation and State Insurance Fund,
26 
PhilHealth, HDMF or Pag-IBIG Fund, and other applicable social protection laws, rules
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and regulations, as may now or hereafter be created In favor of Filipino workers and/or
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OFWs.
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Sec. 33. Sick Leave and Sickness Benefits During Pubiic Heaith Emergencies. -
30 
A seafarer who has contracted an illness or disease during public health emergencies,
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such as epidemics or pandemics, while in transit, or is under quarantine, shall be
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entitled to paid sick leave and sickness benefits until the seafarer joins the vessel.
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Sec. 34. Anti-Harassment and Bullying Policies On Board Ships. - Shipowners 
shall ensure protection to seafarers with policies and accessible procedures to address 
harassment and bullying on board ships.
CHAPTER VIII
ACCOMMODATION, RECREATIONAL FACILITIES,
FOOD AND CATERING IN SHIPS
Sec. 35. Application. - The requirements of this Chapter covering ships of 
Philippine registry shall be applicable to the following:
a) All ocean-going ships and domestic ships constructed on or after the date 
when the MLC, 2006 comes into force;
b) All second-hand ships, whether ocean-going or domestic, acquired or 
leased, and entered in the Philippine registry after the ent y date into force 
of the said Convention, insofar as they can be reasonably refitted, unless 
provided exemption by the relevant Philippine government agency; and
c) All ships constructed prior to the entry Into force of the MLC, 2006 which 
have undergone major or substantial structural alterations after the entry 
Into force of the Convention, unless provided exemption by the relevant 
Philippine government agency.
Sec. 36. Accommodation Facilities. - Unless otherwise exempted herein or by 
appropriate regulations, all ships shall have safe, decent and adequate 
accommodations for seafarers taking Into account the need to protect the health and 
safety of seafarers working or living on board the ship. There shall be a basic shipboard 
facility for women, such as separate sleeping rooms.
Sec. 37. Requirements for Sanitation. - All ships shall have sanitation facilities 
that meet the minimum standards for health and hygiene, which shall be accessible 
to seafarers on board. The sanitation facilities shall be located at convenient places, 
allowing for easy access to work stations. Separate sanitation facilities shall also be 
provided for male and female crew members of the ship.
Sec. 38. Recreation Facilities. - Unless otherwise exempted herein or by 
appropriate regulations, all ships shall have recreation facilities, amenities, and 
services that are appropriate and accessible to seafarers; Provided, that domestic
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ships shall be exempted from this requirement considering that their trading patterns 
and length of voyages allow their crew to go home or to make use of comparable 
facilities onshore.
Sec. 39. Food and Catering. - All ships shall ensure protection and promotion 
of health of the seafarer. Toward this end, shipowners shall ensure that ships carry 
on-board and serve free food and drinking water of appropriate quality, quantity and 
nutritional value that adequately cover the requirements of the ship and take into 
consideration the differing cultural and religious backgrounds of the seafarers on 
board the ship. The foods and drinks and the preparation thereof shall be in 
accordance with the standards of the Sanitation Code of the Philippines and pertinent 
laws, rules and regulations, and/or with international standards. In all cases, the ship's 
cooks shall be trained and qualified.
CHAPTER IX
MEDICAL CARE AND MARITIME OCCUPATIONAL SAFETY 
AND HEALTH STANDARDS
Sec. 40. Medical Care on Board Ships and Ashore. - The shipowner shall provide 
adequate medical facility, equipment, paraphernalia and medical supplies, including 
medicines on board, and shall ensure access to shore facilities for the health of 
seafarers, as well as the corresponding medical or trained personnel who shall provide 
first aid and medical care.
The medicine chest and its contents, the medical equipment, and the medical 
guide on board shall be maintained and inspected regularly to ensure that labelling, 
expiry dates, and conditions of storage of all medicines and the directions for their use 
are checked, and all equipment are functioning properly.
The shipowner shall ensure that seafarers have access to medical treatment for 
any illness or injury, hospitalization and dental treatment until the sick or Injured 
seafarer has recovered or until the sickness or Incapacity has been declared of a 
permanent character.
A seafarer shall have the right to consult a qualified physician or dentist without 
delay in ports of call, where practicable.
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The health protection and medical care under this Section shall be provided at
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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 Pub He
5 
Heaith 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 appropriate.
8 
Seafarers shall have access to prompt and adequate medical care while on
9 
board, including medical advice and confidential helplines on physical and mental
10 
health, which shall be free of charge.
11 
Shipowners shall institute preventive measures In accordance with the health
12 
regulations of the Flag State and the appropriate guidelines Issued by the World Health
13 
Organization (WHO), including the necessary disinfection, decontamination, de-
14 
ratting, or other measures necessary to prevent the spread of Infection or
15 
contamination. Affected seafarers shall also be properly isolated and treated pursuant
16 
to established guidelines of the Flag State, the WHO, and applicable rules and
17 
regulations.
18 
In ports of call, seafarers in need of medical care shall have access to medical
19 
facilities onshore.
20 
The transit of seafarers who are medically fit to work shall be facilitated and
21 
exempted from travel-related, health-related, or movement restrictions until arrival at
22 
the point of destination.
23 
Sec. 42. Financial Security System to Assist Seafarers in Case of Occupational
24 
Injury and Other Causes. - In accordance with the MLC, 2006, on Financial Security
25 
for vessels, the shipowner shall provide an expeditious and effective financial security
26 
system to assist seafarers in the event of their abandonment and to assure
27 
compensation for contractual claims in the event of sickness, injury, or death occurring
28 
while they are serving under a seafarer's employment contract, or arising from their
29 
employment under such agreement.
30 
CHAPTER X
31 
TERMINATION OF EMPLOYMENT
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Sec. 43. Termination of Employment. -
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a) The employment of Filipino seafarers on board Philippine-registered ships 
operating internationally, as well as those on board foreign-registered ships, 
shall cease when the seafarers complete their period of contractual service 
aboard the ship, sign off from the ship, and arrive at the destination as 
specified under this paragraph (b) of this Section;
b) The employment is also terminated effective upon arrival at the point of 
destination, which shall either be at the point of hire or the seafarer's place 
of domicile, at the option of the seafarer, or in case of the seafarer's 
incapacity or death, at the option of his/her next-of-kin, for any of the 
following reasons:
1) When the seafarer signs off and is disembarked for medical reasons in 
the event that the seafarer Is declared: I) fit for repatriation; or ii) when 
after an illness, the seafarer is declared fit to work, but the employer is 
unable to find employment for the seafarer on board the ship originally 
boarded or on another ship of the shipowner;
2) When the seafarer signs off due to the sale of the ship, lay-up of ship, 
discontinuance of voyage or change of ship principal, shipwreck, 
grounding, or unseaworthiness;
3) When the seafarer voluntarily resigns in writing and signs off prior to the 
expiration of contract within a reasonable period as may be prescribed 
in the implementing rules and regulations of this Act; or
4) When the seafarer is discharged for just causes in accordance with the 
provisions of the Standard Employment Contract.
Sec. 44. Extension of Employment -In the event of the extension of the term 
of a seafarer's employment contract, the seafarer shall be furnished a copy of the new 
or supplemental contract covering the extension of his employment with adequate 
time to review and obtain expert advice regarding the terms and conditions of his/her 
extended employment, which shall In no case be lower than the terms of his/her 
original employment. In all cases, the shipowner, or a duly authorized representative 
or the manning agency shall ensure that the seafarer has considered the effect of such 
an extension to any accumulated entitlement and repatriation benefits, among others.
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Manning agencies and shipowners shall submit periodic reports to the DMW 
P9EA on the welfare and well-being of seafarers subjected to such contract 
extensions.
CHAPTER XI
SETTLEMENT OF DISPUTES
Sec. 45. On Board and Onshore Grievance Machinery. - All ships of Philippine 
registry shall establish a grievance machinery and fair, effective and expeditious on 
board and onshore procedures, at no cost to the seafarer, for the resolution of 
grievances or complaints.
Any grievance or complaint shall first be referred to the appropriate grievance 
mechanism provided under this Section. In cases where a seafarer Is a member of a 
legitimate trade union organization and covered by a CBA, he/she shall be assisted by 
a union-designated representative in the proceedings. Any agreements reached by the 
parties at the grievance proceedings shall be final and binding.
Sec. 46. Mandatory Conciiiation-Mediation. - In the absence of an agreement 
or settlement at the grievances machinery level, the following rules shall apply:
a) If there is a CBA, the matter shall be submitted for voluntary arbitration in 
accordance with existing laws, rules, and regulations;
b) If there is no CBA, the parties shall have the option to submit the case to 
compulsory arbitration or voluntary arbitration, or conciliation-mediation 
services provided under Republic Act No. 10396, otherwise known as "An 
Act Strengthening Conciliation-Mediation as a Voluntary Mode of Dispute 
Settlement for All Labor Cases, Amending for this Purpose Article 228 of 
Presidential Decree No. 442, as amended. Otherwise Known as the 'Labor 
Code of the Philippines'" and its Implementing rules and regulations.
Sec. 47. Maritime Industry Labor Arbitration. -There shall be a pool of trained 
maritime industry conciliators-mediators and experts with the appropriate 
competence, integrity, and knowledge of the Philippine and global maritime industry 
practices and standards, MLC, 2006, and related Philippine-ratifled conventions and 
treaties, who shall handle the mediation or conciliation or arbitration of all issues 
relating to the employment of seafarers.
CHAPTER XII
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REPATRIATION
Sec. 48. Seafarers' Repatriation. - In all cases of repatriation, the affected 
seafarer shall be repatriation to the point of hire or the place of domicile of the 
seafarer, at his/her option, or in case of incapacity or death, at the option of his/her 
next-of-kin, and all costs related to the repatriation and/or transport of the personal 
effects and remains of seafarers, including the provision on financial security in case 
of abandonment of seafarers, shall be borne by or charged to the shipowner or the 
manning agency concerned to expedite the repatriation without prior determination 
of the cause of repatriation or termination of the seafarer's employment.
Sec. 49. Repatriation Expenses; Advance and Recovery. - The repatriation 
expenses that shall be borne by or charged to the shipowner or the manning agency 
concerned shall include:
a) Basic pay and allowances from the moment the seafarers leave the ship 
until they reach the repatriation destination;
b) Accommodation and food during the journey to the repatriation destination;
c) Transportation charges, the normal mode of transport should be by air;
d) Deployment cost of the principal; and
e) Immigration fees, fines, and penalties.
However, in cases where the termination of employment is for just cause or 
upon the request of the seafarer, the cost of repatriation shall be for the account of 
the seafarer in accordance with the employment agreement.
The responsibility to provide for the repatriation costs shall be without prejudice 
to the right to civil, criminal or other claims In accordance with law or otherwise, 
particularly In cases of maritime accident or death other than natural causes.
Sec. 50. Quarantine and Medicai Expenses in Repatriation Due to Infection, 
Epidemics or Pandemic. - Before or during the process of repatriation, the expenses 
of medical care and board and lodging for periods spent by seafarers in self-isolation 
or quarantine, whether or not the seafarers have symptoms, have been exposed or 
are quarantined as a safety precaution for the community, shall be covered by the 
shipowner or manning agency until the seafarers have been duly repatriated to the 
repatriation destination. Thereafter, medical care and quarantine expenses after
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repatriation to the destination shall be borne by the Philippine government, following 
the whole-of-government approach in the management of epidemics and pandemics.
Sec. 51. Waiver of Entitlement to Repatriation. - Entitlement to repatriation 
may be waived by a seafarer; Provided, That the waiver shall be written, made freely 
and voluntarily, with full knowledge of Its consequences; Provided, however, that no 
such waiver shall be allowed or presumed when a seafarer is abandoned, held captive 
on or off the ship as a result of acts of piracy or armed robbery against the ship, or 
are Incapable of travelling due to Illness, injury or incapacity, or other causes that 
affect the seafarer's safety and security.
CHAPTER XIII
REINTEGRATION OF OVERSEAS FILIPINO SEAFARERS
Sec. 52. Reintegration.-Ih&ce shall be developed and implemented a full-cycle 
and comprehensive national reintegration program for seafarers, which shall be 
embedded in ail stages of migration for work beginning from pre-deployment, on-site 
during employment and upon return, whether voluntary or involuntary. The 
reintegration program shall cover the different dimensions of support needed by the 
seafarer, such as economic, social, psychosocial, and cultural, including skills 
certification and recognition of equivalency for effective employment services, and 
shall ensure contribution to national development through investments and transfer 
of technology from skilled or professional seafarers.
CHAPTER XIV
PROVISIONS APPLICABLE TO DOMESTIC SEAFARERS
Sec. 53. Wages, Holiday Pay, Service Incentive Leave, and Other Statutory 
Benefits. - The minimum wage rate of seafarers on board ships engaged In domestic 
shipping shall be determined by the Regional Tripartite Wages and Productivity Boards 
(RTWPB), taking into account the peculiarities of the employment arrangement of 
seafarers and the criteria for wage-fixing pursuant to Republic Act No. 6727, otherwise 
known as the "Wage Rationalization Act;" Provided, that wages for actual work hours 
and days shall not be lower than the applicable minimum wage rates in the place 
where the ship is registered. Wages of domestic seafarers shall be paid in full and 
regularly at least twice a week in a month, or at intervals not greater than sixteen (16) 
days as provided In the Labor Code of the Philippines, as amended.
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In addition, the provisions of the Labor Code of the Philippines, as amended, 
on "f^rohibitions Regarding Wages," "Wage Studies, Wage Agreements, and Wage 
Determination," "Administration and Enforcement," "Holidays," "Service Incentive 
Leaves and Service Charges" shall continue to apply, unless higher annual leave is 
already provided under the CBA or by the shipowner as company practice or policy or 
seafarers' employment agreement. In addition, domestic seafarers shall also be 
entitfed to i) 13th month pay pursuant to Presidential Decree No. 851, as amended, ii) 
paid maternity leave under Republic Act No. 11210, otherwise known as the "105-Day 
Expanded Maternity Leave Law," Hi) paid paternity leave under Republic Act No. 8187, 
otherwise known as the "Paternity Leave Act of 1996," iv) paid parental leave for solo 
parents under Republic Act No. 8972, otherwise known as the "Solo Parents' Welfare 
Act of 2000," v) paid leave for victims of violence against women and their children 
under Republic Act No. 9262, otherwise known as the "Anti-Violence Against Women 
and their Children Act of 2004," vi) paid special leave due to surgery for any 
gynaecological disorder, under Republic Act No. 9710, otherwise known as the "Magna 
Carta of Women," and retirement pay, pursuant to Republic Act No. 7641.
Domestic seafarers shall also be entitled to SSS, PhilHealth, and Employees' 
Compensation Commission (ECC) benefits, HDMF or Pag-IBIG Fund, and other 
applicable social protection in accordance with law, regardless of the benefits already 
provided under a contract, CBA, or company practice or policy.
Sec. 54. Employment Contract. - There shall be an agreement in writing 
between the shipowner and the seafarer, which shall include the following terms:
a) Seafarer's full name, date of birth, age, birthplace, permanent and/or 
residential address;
b) Seafarer's Record Book Number, Seafarer's Identity Document Number;
c) Shipowner's name and address;
d) Place where and date when the seafarer's employment agreement is 
entered into;
e) Duration of the contract;
f) Point of hire;
g) Capacity in which the seafarer is to be employed;
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h) Amount of the seafarer's salary, and the formula used for calculating the 
same;
i) Maximum hours of work and minimum hours of rest;
j) Wages and wage-related benefits, which shall include, but Is not limited to, 
overtime pay, holiday pay, vacation leave pay, premium pay, paid leaves, 
and 13th month play, if applicable;
k) Compensation and benefits for occupational injury, illness of death;
l) Social security and welfare benefits, including the compulsory insurance 
coverage as provided under Republic Act No. 8042, as amended by Republic 
Act No. 10022, otherwise known as "The Migrant Workers Act;"
m) Stipulations in case of rescues or other similar undertakings;
n) Separation pay and retirement pay. If applicable;
o) Reference to the CBA, if applicable; and
p) Other benefits in accordance with the law, company policy, or CBA.
The foregoing employment agreement shall be executed by and between the 
shipowner and the seafarer before the commencement of employment, in a language 
or dialect understandable to both parties. The shipowner shall provide the domestic 
seafarer the signed original copy of the agreement and a certified true copy shall be 
made available on board the ship.
The DOLE shall keep a copy of the employment contract between the shipowner 
and the domestic seafarer.
Sec. 55. Maximum Hours of Work and Minimum Hours of Rest -The provision 
of Section 26 shall also apply to domestic seafarers. In addition, waiting time shall not 
be considered as compensable working time if the seafarer Is completely relieved from 
his/her duty and can use the time effectively for his/her own purpose.
Sec. 56. Termination of Empioyment of Domestic Seafarers. -The termination 
of employment of a seafarer on board domestic ships shall be governed by the 
provisions of the Labor Code of the Philippines, as amended, and applicable rules and 
regulations issued by DOLE. In case the termination of employment Is Initiated by the 
shipowner, the substantial and procedural aspects of due process shall be observed.
Sec. 57. Rescue of Seafarers On-Board Domestic Ships. - The provisions under 
this Act on repatriation as may be applicable, shall also apply to seafarer working on
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domestic ships. Seafarers on board domestic ships shall be entitled to emergencies
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rescues in cases of war, epidemics, abandonment of ships by shipowners, disasters or
3 
calamities, whether natural or man-made, and other similar events. The Philippine
4 
Coast Guard and MARINA shall undertake and assist in the rescue of seafarers on
5 
board domestic ships.
6 
Sec. 58. Contracting or Subcontracting of Services. - The contracting or
7 
subcontracting of seafarers for work onboard domestic ships shall be governed by
8 
existing rules and regulations by the DOLE.
9 
CHAPTER XV
10 
MANNING LEVELS AND COMPLIANCE AND ENFORCEMENT
11 
OF SHIPS OF PHILIPPINE REGISTRY
12 
Sec. 59. Manning Levels. - All ships of Philippine registry shall have the required
13 
minimum manning levels as prescribed by the Maritime Industry Authority (MARINA).
14 
They shall, at all times, be manned by a crew that is adequate in terms of size and
15 
qualifications taking into account the need to operate the vessel safely and efficiently.
16 
Sec. 60. Crew Competence. - Every member of the crew of a ship of Philippine
17 
registry shall possess, in addition to the required medical certificate, the appropriate
18 
certificate of competency issued by the relevant government agency/ies, setting forth
19 
his/her competence to serve in the capacity, and perform the functions Involved at
20 
the level of responsibility, for the position held, for the type, tonnage, power, means
21 
of propulsion, and trading patterns of the ships concerned.
22 
The certificate of competency shall attest that the seafarer to whom it is issued
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meets the requirements for service, age, qualification, and examinations for the
24 
position held.
25 
Sec. 61. Compliance and Certification. - All ships of Philippine registry shall
26 
comply with the provisions of this Act. The shipowner and master shall ensure the
27 
compliance of the ship with this Act and its implementing rules and regulations, who
28 
shall be made principally liable for any violation thereof.
29 
For this purpose, a Maritime Labour Certificate or a certificate of compliance,
30 
as applicable, shall be issued in accordance with the Implementing rules and
31 
regulations of this Act.
32 
Sec. 62. Inspection and Enforcement -
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a) The Secretary of Labor and the appropriate Secretary-!n-charge of 
migration-related matters, or his/her duly authorized representative, shall 
have the authority to inspect all ships of Philippine registry, domestic or 
ocean-going, to ensure compliance with labor standards and occupational 
safety and health as provided under this Act.
The enforcement and compliance monitoring activities may be coordinated 
and conducted by the DOLE with the relevant government agencies, 
including MARINA and PCG, in conjunction with their schedules for 
inspection and certification.
The Secretary of Labor or the appropriate Secretary-in-charge of migration- 
related matters, or his/her duly authorized representative shall have the 
power to order immediate correction of, and impose fines for, violations of 
the relevant provisions of this Act.
If the violation or deficiency constitutes a serious breach of the requirement 
of this Act and its implementing rules and regulations or poses an imminent 
danger to the ships, and/or to the life or limbs of the seafarer, the Secretary 
of Labor or the appropriate Secretary-in-charge of migration-related 
matters, or his/her duly authorized representative shall coordinate with the 
PCG to order the detention of the ship Immediately untii the violation or 
deficiency is corrected or until a plan of action to rectify the non­
conformities is shown to be implemented in an expeditious manner.
b) The Philippine Coast Guard (PCG) shall have the authority to conduct the 
port state control inspections of vessels, including al! foreign-flagged 
vessels, calling at any port of the Philippines, for the promotion of safety of 
life and property at sea, control and prevention of maritime pollution, and 
verification of compliance with the minimum standards of training and social 
condition of officers and crew on board the ships. The PCG shall assist 
relevant agencies in the enforcement of the provisions of this Act and its 
implementing rules and regulations, and the MLC, 2006.
The conduct of port state controls shall be in accordance with international 
conventions and instruments ratified or to be ratified in the future.
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The PCG Commandant or his/her duly authorized representative shall have
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the power to order immediate correction of, and impose fines for, violations
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of the relevant provisions of this Act.
4 
The PCG shall prohibit a ship from leaving port upon the order of the
5 
Secretary of Labor or the appropriate Secretary-in-charge of migration-
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related matters, or in case of finding of non-compliance with the provisions
7 
of this Act and the MLC, 2006 and/or its amendments and the conditions on
8 
board are clearly hazardous to the safety, health or security of seafarers. In
9 
all cases, the prohibition to leave the port shall 
be in place until the same
10 
have been rectified or until a plan of action to rectify the non-conformities
11 
is shown to be implemented in an expeditious manner, and cleared by the
12 
Secretary of Labor or the appropriate Secretary-ln-charge of migration-
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related matters.
14 
Sec. 63. Recognized Organizations. - Recognized organizations may be
15 
authorized by the Secretary of Labor to conduct inspection and issue certification in
16 
accordance with the provisions of this Act and Its implementing rules and regulations.
17 
A recognized organization shall have the necessary knowledge of the
18 
requirements of this Act and its implementing rules and regulations, the MLC, 2006
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and other relevant international treaties or conventions.
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A recognized organization shall also have the necessary and qualified
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professional, technical and support expertise to carry out the conduct of inspection
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and issuance of certification.
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CHAPTER XVI
24 
SHIPBOARD TRAINING OF CADETS
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Sec. 64. Appiicabiiity. - The provisions of Sections 5 to 17 (Seafarers' Rights),
26 
Sections 18 to 19 (Women In the Maritime Industry), Section 22 (Medical Certificate),
27 
Sections 35 to 39 (Accommodation, Recreation Facilities, Food and Catering in Ships),
28 
Section 40 (Medical Care On Board Ships and Ashore), Sections 45 to 47 (Settlement
29 
of Disputes), Sections 48 to 50 (Repatriation) shall apply with respect to the training
30 
of cadets.
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Sec. 65. Shipboard Training Agreement for Cadets. - There shall be a written
2 
agreement between the shipowner, the cadet and the maritime institution or school
3 
which shall embody the following information, terms and conditions:
4 
a) Cadet's full name, date of birth, birthplace and age, which shouid be at least
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sixteen (16) years old;
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b) Name and address of the maritime institution or school;
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c) Name and address of the shipowner and its manning and placement agency,
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If applicable;
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d) Place and date when the agreement is entered into;
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e) Capacity in which the cadet is to be trained;
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f) The amount of the cadet's allowance or stipend, if applicable;
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g) Required number of hours of training and rest which shall not be less than
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the prescribed hours of rest in Section 26 of this Act;
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h) Duties and responsibilities of the sponsoring company. Maritime Higher
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Education Institutions (MHEIs), and cadets, as may be provided under the
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Standard Cadet Training Agreement on Ships Engaged in International
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Voyage ef-^t^ Philppine Overseas Employment Administration {-PQEA); and
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i) Other benefits in accordance with existing laws, company policy or
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agreements.
20 
In no case shall cadets perform activities outside of the scope of the cadet
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shipboard training program.
22 
The foregoing agreement shall be In a language familiar to and understood by
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ail parties on in English, executed in four (4) original copies before the commencement
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of the shipboard training. The shipowner, cadet and the maritime institution/school
25 
shall each have a signed original of the agreement and an electronic copy thereof shall
26 
be submitted to the DOLE, through the Bureau of Working Conditions (BWC). A signed
27 
original copy shall also be made available on board the ship.
28 
Sec. 66. No Discrimination of Women for Shipboard Training. ~ Women cadets
29 
shall be accorded equal access to training and shall not be discriminated against for
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shipboard training.
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CHAPTER XVII
32 
INCENTIVES AND AWARDS GRANTED TO THE MARITIME INDUSTRY
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Sec. 67. Incentives and Awardsshall be established an incentives and
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awards system for the maritime industry stakeholders which shall be developed and
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administered by the concerned government agency in consultation with the Maritime
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Industry Tripartite Council (MITC).
5 
Under such rules and regulations that may be promulgated, deserving
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shipowners, seafarers, manning and other organizations or entities shall be
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commended or awarded for their outstanding performance in upholding the rights of
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seafarers and complying with this Act.
9 
CHAPTER XVII
10 
ROLE OF GOVERNMENT AGENCIES
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Sec. 68. Role of Government Agencies. - The following government agencies
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shall perform the following functions to promote the welfare and protect the rights of
13 
Filipino seafarers:
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a) Commission on Higher Education (CHED) - The CHED shall set the
15 
standards and monitor the performance of maritime education programs
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and maritime higher education institutions, ensuring that quality maritime
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education, including curricula and training programs, are structured and
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delivered in accordance with the written programs, methods, and media of
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delivery, procedures, and course materials compliant with international
20 
standards prescribed under the STCW Convention and its amendments. For
21 
this purpose, CHED shall be In close coordination with the MARINA.
22 
b) Department of Labor and Employment (DOLE). - The DOLE shall ensure
23 
that the standards set forth under this Act, Presidential Decree No. 442, as
24 
amended, and other domestic laws, the MLC, 2006 and other international
25 
treaties and conventions to which the Philippines is a signatory are faithfully
26 
complied with and fairly applied to Filipino seafarers.
27 
To this end, the DOLE shall establish an effective system for the inspection
28 
and certification to ensure the working and living conditions of seafarers are
29 
met and continue to be met pursuant to the MLC, 2006.
30 
c) Department of Foreign Affairs (DFA). - DFA, through its consular offices or
31 
foreign service posts, in coordination with the appropriate government
32 
agency, shall take priority action or make representation with the foreign
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authority concerned to protect the rights of seafarers and extend immediate 
assistance, mehiding-the rcpatriat4en-ef-di5tressed-OF-beloaguered-seafarers:
d) Department of Health (DOH). - The DOH shall regulate the activities and 
operations of all clinics which conduct physical, optical, dental, psychological 
and other similar examinations, hereinafter referred to as health 
examinations, on Filipino seafarers.
The DOH shall determine and prescribe the nature of the medical 
examination that shall be required of a seafarer, ensuring that such 
examination will genuinely determine the seafarer's state of health, 
considering the duties that the seafarer shall be required to perform on 
board. The DOH shall likewise prescribe the contents of the medical 
certificate to ensure that such certification will genuinely reflect the 
seafarer's state of health.
e) Department of Migrant Workers (DMW) Mi^pine-Overseas-Employment 
Administration (POEA). - The DMW, including the Migrant Workers Office 
(MWO), shall be the primary agency tasked to protect the rights and 
promote the welfare of overseas Filipino seafarers, in accordance to its 
mandate under Republic Act No. 11641 or the "Department of Migrant 
Workers Act."
The-POEA It shall also review and improve on the working conditions and 
terms of employment of the officers and crew of vessels of Philippine 
registry, and of such officers and crew members who are Filipino citizens 
and employed by foreign vessels.
DMW shall develop and Implement a national reintegration program for 
seafarers, as prescribed under Chapter XIII, Section 52 of this Act.
DMW, through the National Maritime Polytechnic (NMP), shall strengthen Its 
research capability to provide studies/resources for evidence-based policy 
decision-making and program development, and continuously address gaps 
in the protection and welfare of the seafarers.
The NMP shall also continue to develop, enhance, and increase the 
accessibility of Its gender and women empowerment and training courses
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for seafarers to the maritime industry, which shall be made available in an 
format, including digital and/or e-learning format.
f) Overseas Workers Welfare Administration (OWWA). - The OWWA, through 
its welfare officer or, in his absence, the coordinating officer, shall provide 
the seafarers and his/her family all the assistance they may need in the 
enforcement of contractual obligations by agencies and/or by their 
principals.
The OWWA shall likewise formulate and Implement welfare programs for 
overseas Filipino seafarers and their families while they are abroad and upon 
their return. It shall ensure the awareness by the overseas Filipino seafarers 
and their families of these programs and other related governmental 
programs.
g) Maritime Industry Authority (MARINA). - The MARINA shall ensure that the 
examination, licensing, and certification system for seafarers are in 
accordance with the requirements prescribed under STOW Convention, 
international agreements, other conventions relevant thereto, and other 
applicable laws, rules and regulations.
h) National-.Maritime Polytechnic (NMP);-----The NMP.shall- -strengthen—its
research capability-te-provide-studies/rcsources -feF-evidenc-e-based -peiicy
dccisien-making and-progr-am-developmcnt, and continuously address gaps 
in-the-preteetien and welfare of the seafarers;
The..NMP shall else -continue- to develop, -enhance^ and increase the
accessibility-of - its gender and-women-empewerment - and-training-courses
foF-seafarers- to-the maritime industry,-whieh-sbali-be -made available- in-an
format;- ineluding digital and/or-e-learning format.
i) Philippine Coast Guard (PCG). - The PCG shall undertake port state control 
inspections of vessels calling at any port of the Philippines, in accordance 
with international conventions and standards, for the promotion of safety of 
life and property at sea, control and prevention of maritime pollution, and 
verification of compliance with the minimum standards of training and social
• condition of officers and crew on board the ships.
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The PCG shall, in line with its function to assist in the enforcement of
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applicable laws within the maritime jurisdiction of the Philippines, shall assist
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the DOLE in the enforcement of the rules and regulations issued for the
4 
purpose of implementing the MLC 2006, including orders to detain vessels
5 
found in gross violation of pertinent laws, rules and regulations.
6 
Unless otherwise provided in this Act, the mandate, power and function of all
7 
existing departments, agencies or Instrumentalities of the government, including
8 
government-owned and controlled corporations, shall remain and continue to be
9 
recognized in accordance with the law or order creating them.
10 
Sec. 69. One Stop Shop Center for OFWs (OSSOC). - There shall be established
11 
In each region a One Stop Shop Center for OFWs, which shall be co-located in the
12 
regional offices of the DMW POEA, and shall have, as far as practicable,
13 
representatives from agencies that process the documents or issue the required
14 
licenses, permits and clearances required of seafarers.
15 
Sec. 70. Registry of Seafarers. - The DMW POEA, for ocean-going ships of
16 
foreign registry, and MARINA, for domestic and ocean-going ships of Philippine
17 
registry, shall maintain a registry of all seafarers in the Philippines; Provided, that the
18 
registry of seafarers aboard ocean-going ships shall be integrated to the management
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information system established under the Migrant Workers and Overseas Filipinos Act,
20 
as amended. The registry shall contain updated and relevant information or data to
21 
promote employment opportunities for seafarers, whether on board or ashore, or to
22 
provide a list of available training and education to support skills and development
23 
and competencies of seafarers, as well as a digitalized copy of the duly executed
24 
contract.
25 
DMW POEA and MARINA shall ensure compliance with Republic Act No. 10173,
26 
otherwise known as the "Data Privacy Act of 2012," and its implementing rules and
27 
regulations in handling the relevant information or data of seafarers in their respective
28 
registries.
29 
Sec. 71. Maritime Occupational Safety and Health Standards. - The DOLE, In
30 
consultation with the maritime Industry stakeholders, shall formulate the Maritime
31 
Occupational Safety and Health Standards (MOSHS) pursuant to the provisions of
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Republic Act No. 11058, otherwise known as the "Occupational Safety and Health Law" 
and pertinent maritime conventions and treaties ratified by the Philippines.
CHAPTER XIX 
FINAL PROVISIONS
Sec. 72. Administrative Fines and Penaities- Any shipowner, master, their 
representatives or other person who fails or refuses to present employment records, 
such as payrolls, daily time records, payslip or other documents, such as medical 
records, when required by the Individual seafarer, the Secretary of Labor or his duly 
authorized representative, or the duly authorized representative of a recognized 
organization, shall be subjected to administrative fines ranging from One hundred 
thousand pesos (Phpl00,000.00) to One million pesos (Phpl,000,000.00), in 
accordance with the implementing rules and regulations of this Act.
Sec. 73. Penaities for Vioiations of Section 68. - Any shipowner, master, their 
representatives who operate without, or fails to present, a valid Maritime Labour 
Certificate, or its equivalent, shall be punished with fines ranging from One hundred 
thousand pesos (Phpl00,000.00) to One million pesos (Phpl,000,000.00), in 
accordance with the implementing rules and regulations of this Act.
Sec. 74. Penaities for Vioiations of Sections 69 and 70. - Any person who, 
without proper authorization, exercises the authority granted to the Secretary of Labor 
and Employment under Sections 69 and 70 of this Act shall be punished with a fine of 
not less than Two hundred thousand pesos (Php200,000.00) but not more than Two 
million pesos (Php2,000,000.00), or imprisonment of not less than one (1) year nor 
more than four (4) years, or both at the discretion of the court. The foregoing offense 
shall prescribe after five (5) years from its commission.
Sec. 75. Transitory Provision. - All rights, privileges and benefits previously 
enjoyed by Filipino seafarers before the effectivity of this Act, including those set forth 
in Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines, 
as amended, and Republic Act No. 8042, otherwise known as the "Migrant Workers 
and Overseas Filipinos Act of 1995", as amended, shall continue to be recognized and 
shall not be diminished after the effectivity of this Act.
Sec. 76. Impiementing Ruies and Reguiations. - Within ninety (90) days from 
the effectivity of this Act, the DOLE, In coordination with the DMW, DFA, MARINA,
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CHED, TESDA, PCG, PQEA> OWWA, and other concerned agencies, and upon 
consultation with relevant stakeholders, shall formulate the rules and regulations for 
the effective implementation of this Act.
Sec. 77. Separability Clause. - If, for any reason, any section, clause or term 
of this Act is held to be illegal, invalid, or unconstitutional, such parts not affected by 
such declaration shall remain in full force and effect.
Sec. 78. Repealing Clause.-k\\ laws, presidential decrees, issuances, executive 
orders, letters of instruction, rules and regulations inconsistent with the provisions of 
this Act are hereby repealed or modified accordingly.
Sec. 79. Effectivity- This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or In a newspaper of general circulation.
Approved,
33