Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
H.use`B;il-N..     6741
INTRODUCED 8¥ REPRESENTATIVES RALPH l^rENDEL P. TULFO
AND |OCELYN P. TULFO
EXPLANATORY NOTE
Over the past 50 years, the Philippines has grown to become the leading contributor
in the seafaring industry worldwide. According to the United Nations Conference on Trade
and  Development  (UNCTAD)  Review  of Maritime  Transport  2021,  the  Philippines  is  the
world's largest source of seafarers, officers and ratings, comprising of over a quarter of all
global merchant shipping crew.1  In terms of number, it was reported that there were 380,000
Filipino  seafarers  working  overseas  in  2019.2 While  the  State  does  not  promote  overseas
employment, at the very least, the Philippines' leading position in the global maritime labor
market is a testament to the competency, skill and ability of the Filipino people wherever they
may be in the world.
Overseas  Filipino  Workers  (OFWs),  including  seafarers,  have  been  dubbed  as  the
Philippines'  modern-day  heroes.  This  is  primarily  due  to  the  fact  that  remittances  from
Overseas Filipino Workers (OFWs) make up a large portion of the Philippine economy. In
2019,  data  shows  that OFWs  contributed  more  than US$30.1  Billion in remittances  to  the
economy, including US$6.5 billion from seafarers alone. 3 0FW remittances constituted 9.3°/a
of the Philippines' Gross Domestic Product and 7.3% of Gross National Income.4
Notwithstanding their designation as modem-day heroes, seafarers are still deprived
of proper labor standards and rights. This is in addition to the emotional and psychological
effects brought about being away from their families and from navigating the high seas for
long periods of time.   Among the rights  they deserve are - security  of tenure, retirement
benefits, free or affordable training fees, access to health care, free or affordable legal services,
leaves, and disability and/or death benefits. As laborers, the 1987 Constitution mandates the
State to afford them with full protection.
In the spirit of protecting and upholding the fundamental rights and dignity of our
seafarers, this bill seeks to institutionalize labor standards and rights which are particular to
their  working  conditions.  It  is  high  tine  for  our  modern-day  heroes  to  get  the  proper
1 RctJ!.eev o/Mar!.fj.mc TroHsporf 202], United Nations Conference on Trade and Development (UNCTAD), available
athttps://unctad.org/s.Tstem/files/ot-ficial-dorumeiit/rmt2021___en___0.Lidf(lastaccesseds€ptemberl2,2022).
2'd.
3Id.
|Id.


protection that they deserve in recognition of their significant contribution to the national
economy. In view thereof, the immediate approval of this bill is earnestly sought.
2ull District, Quezon City
ACT-CIS Partylist
2


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
H.use-bill-N-..     6741
INTRODUCED BY REPRESENTATIVES RALPH VVENDEL P. TULF0
AND ]OCELYN P. TULFO
AN ACT PROVIDING FOR A
MAGNA CARTA 0F OVERSEAS FILIPINO SEAFARERS
Be it enacted by the Senate and House Of Representatives of the Philippines in Congress assembled..
1                                                                                  CHAPTER I
2                                                                DECLARATION OF POLICY
3
4       SECTION 1. Short Title. -This Act shall be known as the ``Magna carta of overseas Filipino
5       Seafarers."
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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  vulnerabilities,  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;
22       (d)        To maintain and progressively develop a pool of competent and world-class seafarers
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through a system of education, training, certification, and licensing;
(e)         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


1       (f)         To  recognize  shipowners,  maritime  higher  education  institutions,  and  licensed
2                    manning  agencies  as  vital  partners  in  promoting  the  rights,  welfare,  skills,  and
3                     competencies of seafarers.
4
5       Toward  these ends, the State shall endeavor to improve the seafarers' working conditions,
6       terms   and   conditions   of   employment,   and   career   prospects,   and   to   provide   them
7       opportunities to harness their potentials to the fullest. The State shall also uplift the socio-
8       economic well-being of the seafarers' families.
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10
11                                                                                  CHAPTER II
12                                                                     GENERAL PROVISIONS
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14       SEC. 3. Coverage. -This Act shall cover:
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16       (a)         All Filipino seafarers who are to be engaged, engaged, employed, or working in any
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capacity, on board Philippine ships that undertake international voyages 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;
(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.
34       All Filipino seafarers on board Philippine registered domestic ships engaged  in trade and
35       commerce navigating exclusively between philippine ports and within philippine territorial
36       or internal waters shall be covered primarily by the provisions of presidential Decree No. 442,
37       otherwise known as the Labor code of the philippines, as amended, Republic Act No.11058,
38      entitled "An Act strengthening compliance with occupational safety and Health standards
39       and providing penalties for violations Thereof,'' and other related labor, social and welfare
40       benefits laws. For this purpose, the DOLE shall issue the appropriate rules and regulations to
41       govern the employment of domestic seafarers.
42
43       SEC.  4.  Definition  of Terms.  -  As  used  in  this  Act,  the  following  terms  shall  have  the
44       following meaning:
45
46       (a)        Abandonmentrefers to a situationwhere, inviolation of the terms of the employment
47                    contract, the shipowner :
48
49              (1)  Fails to cover the cost of the seafarer's repatriation;
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6(b)
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10        (c)
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14        (d)
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470)
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(2)  Has left the seafarer without the necessary maintenance and support; or
(3)  Has otherwise unilaterally 'severed their ties with the seafarer, including failure to pay
contractual wages for a period of at least two (2) months;
Cadet refers  to  a  student of a maritime educational institution who  is  required to
undergo  training  on  board  registered  international  or  domestic  ships  to  fulfill  a
maritime degree or technical course;
International  Maritime  Convention  or  International  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;
International    Convention    on    Standards    of    Training,    Certification,    and
Watchkeeping for  Seafarers  or  STCW refers  to  the international  convention that
establishes    the    minimum    standards    relating    to    training,    certification,    and
watchkeeping for seafarers, which the Philippines acceded to on May 22, 1984;
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;
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;
Maritime  Industry  Stakeholders  refer  to  all  private  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  ports,
stevedoring and arrastre services, ship brokering and chartering, ship-building and
ship  repair,  providing  maritime  services,  such  as  ship  supplies  and  provisions,
maritime education and training, shipping ageney, 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;
Maritime Labour 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;
Maritime Labour Convention, 2006 or MLC, 2006 refers to the consolidated Maritime
Labour Convention approved by the lntemational Labour Organization (ILO) in 2006
and ratified by the Philippines on August 20, 2012;
Master refers  to  a  person having  command  of a  ship and acts  as  the  shipowners'
representative;
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31        (q)
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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 refers to  the  one-stop  shop  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, and 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  accordance  with
Republic  Act  No.  11641,  entitled  '`An  Act  Creating  the  Department  of  Migrant
Workers,  Defining  its  Powers  and  Functions,  Rationalizing  the  Organization  and
Functions  of  Government  Agencies  related  to  Overseas  Employment  and  Labor
Migration, Appropriating Funds Therefor, and For Other Purposes";
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;
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  or  Employment  Contract  or  SEC  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 Philippine ships that undertake international voyages and foreign-
registered 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.
4


CHAPTER Ill
SEAFARER'S RIGHTS
3
4       SEC. 5. Right to Just Terms and conditions of work. -Seafarers shall have the right to:
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6(a)
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8(b)
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A safe and secure workplace that complies with safety standards;
Decent working and living conditions on board a ship;
Medical care and corfirmatory tests, welfare measures, and other forms of health and
social protection;
Fair  terms and  conditions  of employment,  including salary commensurate  to  their
rank, hours of work, paid sick leave or sickness benefits,  the maximum number of
hours of work, and mininum hours of rest periods, consistent with Philippine laws or
international maritime conventions; and
Compensation   and   benefits   in   the   event   of  death   or   long-term   disability  for
occupational injuries, illnesses, hazards.
SEC. 6. Right to Self-Organization, to Engage in Collective Bargaining, and to Participate
in Democratic Exercises. - Seafarers shall enjoy the right to self-organization, to collectively
bargain, to form or join international organization of seafarers or network with seafarers of
different nationalities, and to participate in the deliberation of issues and in the formulation
of policies that affect them, including, as far as practicable, representation in governing boards
or appointment in government agencies or instrumentalities.
28       Women seafarers shall also have the right, and be encouraged, to join, assist, or form labor
29       unions or associations, or form networks with women seafarers of different nationalities.
30
31       SEC. 7. Right to Educational Advancement and Training at Reasonable and Affordable
32       Costs. -Seafarers shall have access to educational advancement and training at reasonable
33       and affordable costs.
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48       (d)
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Toward this end, relevant government agencies shall:
Regulate the operation of all educational and  training institutions offering courses
related to seafaring;
Pursue grant programs,  such as scholarships,  subsidies,  loan assistance,  and  other
measures that will harness the skills of seafarers toward greater competitiveness given
the new and evolving demands in the industry;
Promote quality maritime education and training that respond  to the needs of the
industry  and  in  accordance  with  minimum  international  maritime  standards  of
competency; and
Afford enhanced access to educational advancement and training of women in the
seafaring industry.
5


1       The  Commission  on  Higher  Education  (CHED)  and  the  Maritime  Industry  Authority
2       (MARINA) shall work together to mainstream gender and development in the curricula of
3       maritime institutions and training centers.
4
5       SEC.  8.  Right to  Information.  -  Shipowners,  manning  agencies,  and  other  organizations
6       responsible for the recruitment and placement of seafarers, shall provide seafarers relevant
7       information, including the terms and conditions of employment, company policies affecting
8       seafarers, obligations of seafarers, conditions and realities attending to their profession, and
9       necessary laws and regulations of countries covered by their sojourn. In addition, the seafarers
10      shall, at all times, be furnished a copy of the duly executed standard Employment contract,
11       as well as the results of the medical examination conducted on him/her. This right shall also
12       include the right of seafarers' organizations to relevant information affecting the terms and
13       conditions of employment of their members, subject to provisions of Republic Act No.10173,
14       otherwise known as the Data privacy Act of 2012.
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16       All ships covered by this Act shall have a copy of the MLC, 2006, the grievance procedures
17       available on board, duly executed Standard Employment Contract of seafarers, and when
18       there is a collective bargaining agreement (CBA), a copy of such agreement, which shall be
19       readily accessible and available to the seafarers.
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21       SEC. 9. Right to Information of a Seafarer's Family or Nextrof-Kin. -In critical incidents,
22       such as accidents or deaths on board or offshore, piracy, abandonment of vessel, and other
23       similar cases, the seafarer's family or next~of-kin shall be immediately informed of the incident,
24      including investigation reports, action/s taken, and plans by the shipowner and the manning
25       ageneyconcemed.
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27       In addition, it shall be the duty of the shipowner and the manning agency, within a reasonable
28       period of time, to report to the Department of Migrant Workers  (DMW) and the Overseas
29       Workers welfare Administration Act (OWWA) such incident and the details of the family or
30      next-of-kin of the concerned seafarer/s, which shall subsequently provide the appropriate
31        assistance.
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33       SEC.10. Right to Safe Passage and Safe Travel. -Seafarers shall be accorded the rights to
34       safe passage and safe travel, including the right to embark and disembark in third countries
35      when in transit, and the right to be repatriated and return home.
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37       SEC.11. Right to consultation. -Seafarers and maritime stakeholders shall be adequately
38       consulted before adopting any maritime poliey, executive issuance, rules or regulations, or in
39       the enactment of any maritime law that may directly affect the seafarers and/or their families
40       and beneficiaries.
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42       SEC.12. Right against Discrimination. -Seafarers shall have the right to be protected from
43       discrimination on the basis of race, age, sex, religion, or political opinion, as well as on the
44      basis of disablement, taking into consideration the inherent requirements of the particular job
45       or undertaking. Career opportunities shall be promoted, and appropriate working and living
46       conditions shall be guaranteed equally among male and female seafarers.
47
48       SEC.13. Right to be protected Against All Forms of Harassment and Bullying. -Seafarers
49       shall be protected against all forms of harassment and bullying while on board their ships.
50       The shipowner shall put policies in place for the protection of all crew members. Maritime
51       stakeholders  and  seafarers  shall  ensure  that  harassment  and  bullying  do  not  take  place.
6


1      Shipowners and manning agencies shall also establish helplines and grievance mechanisms
2       for all victims of harassment and bullying.
3
4       SEC.14. Right to Free Legal Representation. -Seafarers who are victims of violations of the
5       provisions of this Act or whose contracts have been breached, who cannot afford the services
6       of a  competent and independent counsel,  shall have  the right to free legal assistance and
7       protection at the government's expense, and to the fair and speedy disposition of the case,
8       including  the  expeditious  settlement  of  any  money  claims,  subject  to  existing  rules  and
9       regulations.
10
11       SEC.15. Right to Access to communication. -Seafarers, especiauy during their free time or
12       when  they  are  not  on  duty,  shall  have  reasonable  access  to  ship-to-shore  telephone
13       communications, email, and internet facilities, where available.
14
15       SEC.16. Right to Record of Employment or certificate of Employment. -The seafarer shall
16       have  a  right  to  the  record  of  his/her  employment  on  board  the  ship,  or  a  certificate  of
17       employment, specifying the length of service, the position the seafarer occupied, an account
18       of his/her final wages, and such other relevant information.
19
20       SEC.17. Right to Fair Treatment in the Event of a Maritime Accident. -In the event of a
21       maritime accident, seafarers shall be treated fairly. They shall be entitled to all the rights under
22       the ILO/International Maritime organization (IMO) 2006 Guidelines on Fair Treatment of
23       Seafarers in the Event of a Maritime Accident and its amendments.
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25
CHAPTER IV
WOMEN IN THE MARITIME INDUSTRY
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29       SEC.  18.   Discrimination  Against  Women   Seafarers.  In  addition   to   the  right  against
30       discrimination on  the basis  of sex,  women seafarers  shall be protected  from  the following
31       discriminatory acts:
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33         (a)
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35
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37         (b)
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Payment   of   a   lesser   compensation,   including   wage,   salary   or   other   form   of
remuneration and fringe benefits, to a male seafarer as against a female seafarer, for
work of equal value; and
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 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.
CHAPTER V
SEAFARER'S DUTIES
SEC. 20. Duties of a Seafarer. - Seafarers shall have the following duties:
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(a)        To comply with and observe the terms and conditions of the standard Employment
Contract;
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4(b)
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6(c)
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10        (d)
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To abide by lawful and reasonable company personnel policies;
To follow and observe the chain of 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;
To be diligent in the performance of duties relating to the ship, its stores, equipment,
and cargo, whether on board, in transit, or ashore;
To continually improve his/her professional competency by keeping up-to-date with
the  latest  technological  and  scientific  knowledge  applied  in  the  maritime  fields,
constant reading and diligent studies, and keen observation of shipboard activities,.
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
(g)        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 REQUIREMENTS 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
navigating international waters, as well as on board foreign-registered ships.
32       SEC.  22.  Medical  Certificates.  -  No  seafarer  shall  be  employed,  engaged,  or  otherwise
33       allowed  to  work  on board  Philippine-registered  ships  navigating  international  waters  or
34       ocean-going ship unless a medical certificate has been issued declaring the seafarer to be fit to
35       work.
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37       For this purpose, the seafarer shall hold a valid medical certificate issued by a medical facility
38       duly  accredited  by  the  Department  of  Health  (DOH),  in  accordance  with  its  rules  and
39       regulations.
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41       The  medical  certificate  shall  certify  that  the  person  is  expected  to  meet  the  minimum
42       requirements to perform the duty specific to the person's post safely and effectively during
43       thevalidity of the certificate.
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45       During the conduct of a medical examination,  the seafarer shall have the responsibility of
46      answering  truthfully  all  questions  relating  to  his/her  medical condition and/or  medical
47      history,  including previously  known illness,  injury,  or medical treatment,  and  to  make a
48      complete inventory of medication prescribed to him/her by physicians; Provided, that the
49       processing  of  the  medical  information  of  the  seafarer  shall  at  all  times  comply  with  the
50       provisions of the Data privacy Act of2012.
8


1
2       For  the  purposes  of  this  Section,  a  medical  certificate  issued  in  accordance  with  the
3       requirements of sTCw shall be accepted.
4
5       SEC. 23. Training and Qualifications. -Only seafarers certified by appropriate government
6       agencies in compliance with the STCW and other applicable international standards, shall
7       work, be employed, orbe engaged onboard a ship.
8
9       SEC. 24. Recruitment and placement. -Cinly duly licensed manning agencies shall be allowed
10       to operate and engage in the recruitment and placement of seafarers, in accordance with rules
11       and regulations as may be issued by the secretary of Labor and Employment, or the secretary
12       in-charge of migration-related matters, including the deployment of seafarers.
13
14       In all cases, no amount or fee, including placement fees, shall be charged to the seafarer in
15       relation to his/her recruitment and placement.
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17
18                                                                                 CHAPTER VII
19                                            TERMS AND CONDITIONS OF EMPLOYMENT
20
21       SEC.  25.  Standard  Employment  Contract  for  Seafarers.  -  There  shall  be  a  Standard
22       Employment contract in writing between the shipowner and the seafarer, which shall include,
23       but not be limited to, the following information and terms:
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25
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27
28
29
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31
(a)        Seafarer's  full name,  date  of birth,  age,  birthplace,  permanent,  and/or residential
address;
a)        Seafarer's Record Book Number, Seafarer's Identity Document Number, Seafarer's
Registration Number, and other necessary documentation required of seafarers by
other appropriate government agencies;
32       (c)         Shipowner's name and address;
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(d)        Place where and date when the seafarer's employment agreement is entered into;
36       (e)         Durationof thecontract;
37
38       (f)         Pointof hire;
39
40
41
42
43
(g)        Capacity in which the seafarer is to be employed;
(h)        Amount of the seafarer's salary, and the formula used for calculating the same;
44       (i)         Maximum hours of work and minimum hours of rest;
45
46       a)         Wages and wage-related benefits, which shall include, but is not limited to, overtime
47                    pay, holiday pay, vacation leave pay, premium pay, paid leaves, and l3th-month pay,
48                      if applicable;
49
9


1       (k)        Compensation and benefits for occupational injury, illness, or death;
2
3       (1)         Social security and welfare benefits, including the compulsory insurance coverage as
4                    provided  under  Republic  Act  No.  8042,  as  amended  by  Republic  Act  No.10022,
5                    otherwise known as the Migrant workers Act, and section 6(n) of Republic Act No.
6                    11641, otherwise known as the Department of Migrant workers Act;
7
8       (in)      Stipulations on repatriation or similar undertakings;
9
10       (n)        Separation pay andretirementpay, ifapplicable;
11
12       (o)        ReferencetothecBA,if applicable;and
13
14       (p)        Otherbenefits in accordance withlaw, company policy, or CBA.
15
16       The employment contract shall be in a working language or in the English language, executed
17       in four (4) original copies before the commencement of the employment. The shipowner and
18       the seafarer shall each have a signed original of the agreement. In addition, a signed original
19       shall bemade available onboard the ship.
20
21       For ocean~going philippine-registered ships or foreign-registered ships, the DMW shall issue
22      a standard Employment contract containing the minimum standards to be observed in the
23      employment of seafarers. The standard Employment contract shall be reviewed and updated
24       regularly and must, at all times, be consistent with the MLC, 2006, and other existing treaties
25       and conventions governing seafarers, which the philippines has ratified or will ratify in the
26       future.
27
28       SEC. 26. Maximum Hours of Work and Minimum Hours of Rest. - The normal hours of
29       work of a seafarer shall not exceed eight (8) hours a day with one (1) rest day per week. If the
30       seafarer is required to work beyond eight (8) hours, the maximum hours of work shall not
31       exceed fourteen (14) hours in any 24-hour period, and seventy-two (72) hours in any seven
32        (7)-dayperiod.
33
34       The minimum hours of rest for every seafarer shall notbe less thanten (10) hours in a 24-hour
35       period. The hours of rest may be divided into two periods, one of which shall be at least six
36       (6) hours in length, and the interval between the two periods of rest shall not exceed fourteen
37        (14)hours.
38
39       In  exceptional  cases,  seafarers  in  watchkeeping  duties  may  be  required  to  work  beyond
40       fourteen (14) hours: Provided, that the rest period is not less than seventy (70) hours in any
41       seven-day period; Provided, further, that such watchkeeping duties shall not be allowed for
42       more than two (2) consecutive weeks; Provided, finally, that the intervals between the two (2)
43       periods shall not be less than twice the duration of the exception.
44
45       Seafarers shall be granted reasonable periods of shore leaves while the vessel is docked for
46       the benefit of their health and well-being, sutyect to proportionate and specifically adopted
47       rules, regulations, and measures of the port state.
48
49       SEC.  27.  Paid  Annual  Leave.  -  Unless  a  higher  annual leave  is already  provided  in  the
50       employment contract, or under a CBA, or by the shipowner as company practice or policy,
10


1       the seafarers shall be paid an annual leave, to be calculated on the basis of a minimum of 4.5
2      calendar days per month of employment, without prejudice to any future increases as may be
3       prescribed by laws, rules, or regulations; Provided, that the following shall not be counted as
4       partof theannualpaidleave:
5
6(a)
7
8
9ap)
10
11
12        (c)
13
14        (d)
15
Public and customary holidays of the Philippines, whether or not they fall during the
paid armual leave;
Periods of incapacity for work (i) resulting from illness or injury; (ii) due to maternity
or paternity leave in accordance with law;
Temporary shore leave granted to a seafarer while employed; or
Compensatory leave of any kind.
16       SEC.   28.  Wages.   -  Without  prejudice   to   higher  rates   provided   under   the  Standard
17       Employment contract, or under a CBA, or by the shipowner as company practice or policy,
18       the  minimum  wage  applicable  to  seafarers  on  board  ocean-going  ships  of  Philippine  or
19      foreign registry shall be as provided in the standard Employment contract, which in no case
20      be  lower  than  the  prevailing  industry  standard  on  ocean-going  seafaring  wage  rates  for
21       officers and other members of the ship's crew, and regularly paid in full at least once a month.
22
23       SEC. 29.  Remittance  of Wages.  - Shipowners  shall provide  the appropriate facilities  and
24      assistance to the seafarer to enable the seafarer to remit his/her wages to his/her designated
25       allotee/ s in the philippines through any authorized philippine bank or financial intermediary;
26       Provided, that such allotment shall not be less than eighty percent  (800/o)  of the seafarer's
27       monthly basic salary.
28
29       SEC. 30. Limitations on wage Deductions. -A deduction from the seafarer's wages shall not
30      be made without his/her written consent unless the deduction is provided for in the contract
31       of employment and/or is authorized by law.
32
33       SEC. 31. Personal Effects. -A seafarer may bring a reasonable number of articles for personal
34       use on board the ship; Provided, that this shall not inconvenience the ship or cargo or pose
35       any risk on board the ship. If the seafarers' personal effects are lost or damaged as a result of
36       shipwreck,  loss  or  stranding,  abandonment  of  the  vessel,  or  as  a  result  of fire,  flooding,
37       collision, or piracy, the shipowner shall reimburse him/her for said loss or damage, subject to
38       limits prescribed by existing rules and regulations, unless a higher limit is provided under the
39       existing CBA, but in no case lower than international standards.
40
41       SEC. 32. Social welfare Benefits. -Without prejudice to established poliey, CBA, or other
42       applicable  social  agreement,  all  seafarers  shall  be  members  of,  and  receive  the  benefits
43      conferred by, the owwA, Social security system (SSS), Employees' Compensation and state
44      Insurance Fund, Philippine Health Insurance corporation (PhilHealth), Home Development
45       Mutual  Fund  (Pag-IBIG  Fund),  and  other  applicable  social  protection  laws,  rules  and
46      regulations, as may now or hereafter be created in favor of Filipino workers and/or oFWs.
47
48       SEC. 33. Sick Leave and sickness Benefits During public Health Emergencies. -A seafarer
49       who has contracted an illness or disease during public health emergencies, such as epidemics
11


1       or pandemics, while in transit, or is under quarantine, shall be entitled to paid sick leave and
2       sickness benefits until the seafarer joins the vessel.
3
4       SEC. 34. Anti-Harassment and Bullying policies on Board ships. -Shipowners shall ensure
5       protection to seafarers with policies and  accessible procedures to address harassment and
6       bullyingonboardships.
7
8
9
10
11
12
13
14
15
CHAPTER VIII
ACCOMMODATION, RECREATION 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:
16        (a)
17
18
19        (b)
20
21
22
23
24        (c)
25
26
27
28
All ocean-going ships constructed on or after the date when the MLC, 2006 come into
force;
All ocean-going second-hand ships, acquired or leased, and entered in the Philippine
Registry after the entry date into force of the said Convention, insofar as they can be
reasonably refitted, unless provided exemption by the relevant Philippine government
agency; and
All ocean-going 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.
29       SEC. 36. Accommodation Facilities. -Unless otherwise exempted herein or by appropriate
30       regulations, all  ships  shall have safe,  decent,  and adequate accommodations for seafarers,
31       taking into account the need to protect the health and safety of seafarers working or living on
32       board the ship. There shall be a basic shipboard facility for women, such as separate sleeping
33       rooms.
34
35       SEC. 37. Requirements for sanitation. -All ships shall have sanitation facilities that meet the
36       minimum standards for health and hygiene, which shall be accessible to seafarers on board.
37       The  sanitation facilities  shall  be located  at  convenient places,  allowing for  easy  access  to
38       workstations. Separate sanitation facilities shall also be provided for male and female crew
39       membersof theship.
40
41       SEC.  38.  Recreation  Facilities.  -  Unless  otherwise  exempted  herein  or  by  appropriate
42       regulations,  all  ships  shall  have  recreation  facilities,  amenities,  and   services  that  are
43       appropriate and accessible to seafarers.
44
45       SEC. 39. Food and catering. -All ships shall ensure protection and promotion of the health
46       of the seafarer. Toward this end, shipowners shall ensure that ships carry on-board and serve
47      free food  and  drinking water of appropriate  quality,  quantity,  and nutritional value  that
48       adequately  cover  the  requirements  of  the  ship  and  take  into  consideration  the  differing
49      cultural and religious backgrounds of the seafarers on board the ship. The food and drinks in
50       the preparation thereof shall be in accordance with the standards of the sanitation code of the
12


1       Philippines and pertinent laws, rules, and regulations, and/or with international standards.
2       In all cases, the ship's cooks shall be trained and qualified.
3
4
5                                                                                CHAPTER IX
6                                                         MEDICAL CARE AND MARITIME
7                                    OCCUPATIONAL SAFETY AND HEALTH STANDARDS
8
9       SEC. 40. Medical care on Board ships and Ashore. -The shipowner shall provide adequate
10       medical facility, equipment,  paraphernalia,  and medical  supplies,  including medicines on
11       board, and  shall ensure access to shore facilities for the health of seafarers,  as well as the
12       corresponding medical or trained personnel who shall provide first-aid and medical care.
13
14      The medicine chest and its contents, the medical equipment, and the medical guide on board
15       shall  be  maintained  and  inspected  regularly  to  ensure  that  labeling,  expiry  dates,  and
16       conditions of storage of all medicines and the directions for their use are checked, and all
17       equipment are functioning properly.
18
19       The shipowner shall ensure that seafarers have access to medical treatment for any illness or
20       injury, hospitalization, and dental treatment until the sick or injured seafarer has recovered
21       or until the sickness or incapacity has been declared of a permanent character.
22
23       A seafarer shall have the right to consult a qualified physician or dentist without delay in
24       ports of call, where practicable.
25
26       The health protection and medical care under this section shall be provided at no cost to the
seafarer, in accordance with rules and regulations issued for this purpose.
29       SEC.  41.  Protection  of  Seafarers  from  Epidemics,  Pandemics,  or  Other  Public  Health
30       Emergencies. -Seafarers on ocean-going ships shall be covered by adequate measures for
31       protection from health-related outbreaks, such as epidemics and pandemics, including the
32       provision of personal protective supplies and equipment, as appropriate.
33
34       Seafarers  shall have  access  to  prompt  and  adequate medical care while  on board  a  ship,
35       including medical advice and confidential helplines on physical and mental health, which
36       shallbefreeof charge.
37
38       Shipowners shall institute preventive measures in accordance with the health regulations of
39       the  Flag State  and  the  appropriate  guidelines  issued  by  the  World  Health  Organization
40       (WHO), including the necessary disinfection, decontamination, de-ratting, or other measures
41       necessary to prevent the spread of infection or contamination. Affected seafarers shall also be
42       properly isolated and treated pursuant to established guidelines of the Flag state, the WHO,
43       and applicable rules and regulations.
44
45       In ports of call, seafarers in need of medical care shall have access to medical facilities onshore.
46
47       The transit of seafarers who are medically fit to work shall be facilitated and exempted from
48       travel-related, health-related, or movement restrictions until arrival at the point of destination.
49
50       SEC. 42. Financial security system to Assist seafarers in case of occupational Injury and
51       Other  Causes.  - In accordance with  the MLC,  2006 on Financial Security for  vessels,  the
13


1       shipowner  shall  provide  an  expeditious  and  effective  financial  security  system  to  assist
2       seafarers in the event of their abandonment and to assure compensation for contractual claims
3       in the event of sickness, injury, or death occurring while they are serving under a seafarer's
4      employment contract, or arising from their employment under such agreement.
5
6
7                                                                                  CHAPTER X
8                                                        TERMINATION OF EMPLOYMENT
9
10       SEC.43. Terminationof Employment. -
11
12       (a)        The   employment   of   seafarers   on   board   Philippine-registered   ships   operating
13
14
15
16
17
18        (b)
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
internationally, as well as those on board foreign-registered ships, shall cease when
the seafarers complete their period of contractual service aboard the ship, signs-off
from the ship, and arrive at the destination as specified under this paragraph @) of
this Section;
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
the seafarer  is declared:  (i)  fit for repatriation;  or  (ii) when after an illness,  the
seafarer is declared fit to work, but the shipowner is unable to find employment
for  the  seafarer  on  board  the  ship  originally  boarded  or  another  ship  of  the
shipowner;
(2)  When  the   seafarer   signs-off  due   to   sale   of  the   ship,   lay-up   of  the   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.
40       SEC. 44. Extension of Employment. -In the event of the extension of the term of a seafarer's
41       employment contract, the seafarer shall be furnished a copy of the new,  or supplemental
42       contract covering the extension of his employment, with adequate time to review and obtain
43       expert advice regarding the terms and conditions of his/her extended employment, which
44       shall in no case be lower than the terms of his/her original employment. In all cases, the
45      shipowner, or a duly authorized representative or the manning agency shall ensure that the
46       seafarer has considered the effect of such an extension to any accumulated entitlement and
47       repatriation benefits, among others.
48
49       Manning agencies and shipowners shall submit periodic reports to the DMW on the welfare
50       and well-being of seafarers subjected to such contract extensions.
14


CHAPTER XI
SETTLEMENT OF DISPUTES
3
4       SEC 45. On board and onshore Grievance Machinery. -All covered ships shall establish a
5       grievance machinery and fair, effective, and expeditious on board and onshore procedures, at
6       no cost to the seafarer, for the resolution of grievances or complaints.
7
8       Any grievance or complaints shall first be referred to the appropriate grievance mechanism
9       provided under this section. In cases where a seafarer is a member of a legitimate trade union
10       organization  and  covered  by  a  CBA,  he/she  shall  be  assisted  by  a  union-designated
11       representative in the proceedings.  Any agreements reached by the parties at the grievance
12       proceedings shah be final and binding.
13
14       SEC. 46. Mandatory conciliation-Mediation. -In the absence of an agreement or settlement
15       at the grievance machinery level, the following rules shall apply:
16
17       (a)         If there is a CBA, the matter shall be submitted for voluntary arbitration in accordance
18                    with existing laws, rules, and regulations;
19
20       Q)        If there is no CBA, the parties shall have the option to submit the case to compulsory
21                    arbitration or voluntary arbitration, or conciliation-mediation services provided under
22                     Republic Act  No.10396,  otherwise known as ``An Act Strengthening  Conciliation-
23                    Mediation as a voluntary Mode of Dispute settlement for all Labor cases, Amending
24                    for this Purpose Article 228 of Presidential Decree No. 442, as amended, Otherwise
25                    Known  as  the  `Labor  Code  of  the  Philippines"  and  its  implementing  rules  and
26                      regulations.
27
28       SEC. 47. Maritime Industry Labor Arbitration. -There shall be a pool of trained maritime
29       industry conciliators-mediators and experts with the appropriate competence, integrity, and
3o      knowledge of the Philippine and  global maritime industry practices and standards,  MLC,
31       2006, and related philippine~ratified conventions and treaties, who shall handle the mediation
32       or conciliation or arbitration of all issues relating to the employment of seafarers.
33
34
35                                                                                 CHAPTER XII
36                                                  REPATRIATION AND REINTEGRATION
37
38       SEC. 48. Seafarers' Repatriation. -In all cases of repatriation, the affected seafarer shall be
39       repatriated to the point of hire or the place of domicile of the seafarer, at his/her option, or in
40       case of incapacity or death, at the option of his/her next-of-kin,  and all costs related to the
41       repatriation and/or transport of the personal effects and remains of seafarers, including the
42       provision  on financial  security in case  of abandonment  of seafarers,  shall be borne by  or
43       charged  to  the  shipowner  or  the manning agency  concerned  to  expedite the repatriation
44      without  prior  determination  of  the  cause  of  repatriation  or  termination  of the  seafarer's
45       employment.
46
47       SEC. 49. Repatriation Expenses; Advance and Recovery. -The repatriation expenses, which
48       shall be borne by or charged to the shipowner or the marming agency concerned, shall include:
49
50       (a)        Basic pay andallowances from themoment the seafarersleave the ship until theyreach
51                     the repatriation destination;
15


1
2       @)        Accommodation and food during the journey to the repatriation destination;
3
4       (c)        Transportation charges, whereby the normal mode of transport should be by air;
5
6       (d)        Deploymentcostoftheprincipal;and
7
8       (e)        Immigration fees,fines,andpenalties.
9
10       However, in cases where the termination of employment is for just cause or upon the request
11       of the seafarer, the cost of repatriation shall be for the account of the seafarer in accordance
12       with the employment agreement.
13
14       The responsibility to provide for the repatriation costs shall be without prejudice to the right
15       to civil, criminal or other claims in accordance with law or otherwise, particularly in cases of
16       maritime accident or death other than natural causes.
17
18       SEC. 50. Quarantine and Medical Expenses in Repatriation Due to Infection, Epidemics or
19       Pandemic. -Before or during the process of repatriation, the expenses of medical care and
20      board and lodging for periods spent by seafarers in self-isolation or quarantine, whether or
21       not the seafarers have symptoms, have been exposed or are quarantined as a safety precaution
22      for the community, shall be covered by the shipowner or manning agency until the seafarers
23       have  been  duly  repatriated  to  the  repatriation  destination.  Thereafter,  medical  care  and
24       quarantine expenses  after  repatriation to the  destination  shall be borne by  the  Philippine
25       government,   following   the   whole-of-government   approach   in   the   management   of
26       epidemics/pandemics.
27
28       SEC. 51. Waiver of Entitlement to Repatriation. -Entitlement to repatriation may be waived
29      by a seafarer; Provided, That the waiver shall be written, made freely and voluntarily, with
30      full knowledge of its consequences; Provided, however, that no such waiver shall be allowed
31       or presumed when a seafarer is abandoned, held captive on or off the ship as a result of acts
32       of piracy or armed robbery against the ship, or are incapable of traveling due to illness, injury
33       or incapacity, or other cases that affect the seafarer's safety and security.
34
35       SEC.  52.  Reintegration.  -  In  accordance  with  the  Department  of  Migrant  Workers  Act,
36      seafarers may avail of the full{ycle and comprehensive national reintegration program for
37       seafarers, which shall be embedded in all stages of migration for work beginning from pre-
38      deployment, on-site during employment and upon return, whether voluntary or involuntary,
39       through the National Reintegration center for oFWs. The reintegration program shall cover
40       the  different  dimensions  of  support  needed  by  the  seafarer,  such  as  economic,  social,
41       psychosocial,  and cultural,  including skills certification and recognition of equivalency for
42       effective  employment  services,  and  shall  ensure  contribution  to  national  development
43       through investments and transfer of technology from skilled or professional seafarers.
44
45
46                                                                               CHAPTER XIII
47               MANNING LEVELS AND COMPLIANCE AND ENFORCEMENT OF SHIPS OF
48                                                                     PHILIPPINE REGISTRY
49
16


1       SEC. 53.  Manning Levels.  -  Covered  ships  of Philippine registry shall have the  required
2       minimum manning levels as prescribed by the Maritime Industry Authority (MARINA). They
3       shall, at all times, be marmed by a crew that is adequate in terms of size and quanficatiohs
4       taking into account the need to operate the vessel safely and efficiently.
5
6       SEC.  54.  Crew  Competence.  -  Every  member  of  the  crew  of  a  ship  of  an  ocean-going
7       Philippine  registry  shall  possess,   in  addition  to   the   required  medical   certificate,   the
8       appropriate certificate of competency issued by the relevant government agency/ies, setting
9      forth his/her competence to serve in the capacity, and perform the functions involved at the
10       level of responsibility, for the position held, for the type, tormage, power, means of propulsion,
11       and trading patterns of the ships concerned.
12
13       The certificate of competency  shall attest that the  seafarer to whom it is issued meets the
14       requirements for service, age, qualification, and examinations for the position held.
15
16       SEC. 55. Compliance and certification. -All ocean-going ships of philippine registry shall
17       comply with the provisions of this Act. The shipowner and master shall ensure the compliance
18      of the ship with this Act and its implementing rules and regulations, who shah be made
19       principally liable for any violation thereof.
20
21       For this purpose, a Maritime Labour certificate or a certificate of compliance, as applicable,
22       shall be issued in accordance with the implementing rules and regulations of this Act.
23
24       SEC. 56. Inspection and Enforcement. -
25
26       (a)         The secretary  of DMW,  or  his/her  duly  authorized  representative,  shall have  the
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45460
47
48
49
50
authority to inspect all covered ships of Philippine registry 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 DMW, with the relevant government agencies, including DOLE,
MARINA   and   PCG,   in   conjunction   with   their   schedules   for   inspection   and
certification.
The  Secretary  of DMW,  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 DMW, or his/her duly
authorized representative shall coordinate with the PCG to order the detention of the
ship immediately until the violation or deficieney is corrected or until a plan of action
to rectify the non{onformities is shown to be implemented in an expeditious manner.
The  Philippine  Coast Guard  (PCG)  shall have  the  authority  to  conduct port  state
control inspections of vessels, including all 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
17


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
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.
The  PCG  Commandant  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.
The PCG shall prohibit a ship from leaving port upon the order of the Secretary of
DMW, or in case of finding of non-compliance with the provisions of this Act and the
MLC, 2006 and/ or its amendments and the conditions on board are clearly hazardous
to the safety, health, or security of seafarers. In all cases, the prohibition to leave the
port shall be in place until the same have been rectified or until a plan of action to
rectify the non-conformities is shown to be implemented in an expeditious manner,
and cleared by the Secretary of DMW.
18
19       SEC. 57. Recognized organizations. -Recognized organizations may be authorized by the
20       Secretary  of  DMW  to  conduct  inspection  and  issue  certification  in  accordance  with  the
21       provisions of this Act and its implementing rules and regulations.
22
23       A recognized organization shall have the necessary knowledge of the requirements of this Act
24       and  its  implementing  rules  and  regulations,  MLC,  2006,  and  other  relevant international
25       treaties or conventions.
26
27       A recognized organization shall also have the necessary and qualified professional, technical,
28       and support expertise to carry out the conduct of inspection and issuance of certification.
29
30
31                                                                               CHAPTER XIV
32                                                       SHIPBOARD TRAINING OF CADETS
33
34       SEC. 58. Applicability. -The provisions of sections 5 to 17 (Seafarers' Rights), Sections 18 to
35       19  (Women  in  the  Maritime  Industry),  Section  22  (Medical  Certificate),  Sections  35  to  39
36       (Accommodation, Recreation Facilities, Food and catering in ships), Section40 (Medical care
37       0n Board Ships and Ashore), Sections 45  to 47  (Settlement of Disputes), Sections 48  to 52
38       (Repatriation and Reintegration) shall apply with respect to the training of cadets.
39
40       SEC. 59. Shipboard Training Agreement for cadets. -There shall be a written agreement
41       among the shipowner, the cadet, and the maritime institution or school, which shall embody
42       the following information, terms, and conditions:
43
44       (a)        Cadet's full name, date of birth, birthplace, and age, which should be at least 16 years
45                       old;
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47       (b)        Name and address of maritime institutionor school;
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49       (c)        Name and address of shipowner and its marming and placement agency, if applicable;
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1       (d)        Placeand datewhentheagreementisenteredinto;
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3       (e)        Capacityinwhichthecadetistobetrained;
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5       (f)         The amount of the cadet's allowance or stipend, if applicable;
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7       (g)        Required  number  of  hours  of  training  and  rest  which  shall  not  be  less  than  the
8                    prescribed hours of rest in section 23 of this Act;
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10       (h)        Duties   and   responsibilities   of   the   sponsoring   company,   the   Maritime   Higher
11                     Educational Institution  (MHEls),  and  cadets,  as  may be provided  prevailing cadet
12                    training agreement standards; and
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14       (i)         Other benefits in accordance with existing laws, company policy, or agreements.
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16       In no case shall cadets perform activities outside of the scope of the cadet shipboard training
17       program.
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The foregoing agreement shall be in a language familiar to and understood by all parties or in
English,  executed  in  four  (4)  original  copies  before  the  commencement  of  the  shipboard
training. The shipowner, cadet and the maritime institution/school shall each have a signed
original of the agreement, and an electronic copy thereof shall be submitted to the DMW. A
signed original copy shall also be made available on-board the ship.
SEC. 60. No Discrimination of Women for Shipboard Training. - Women cadets shall be
accorded equal access to training and shall not be discriminated against for shipboard training.
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29                                                                                CHAPTER XV
30                  INCENTIVES AND AWARDS GRANTED TO THE MARITIME INDUSTRY
31
32       SEC.  61.  Incentives  and  Awards.  -  There  shall  be established  an incentives  and  awards
33       system for the maritime industry stakeholders, which shall be developed and administered
34      by the concerned government agency upon consultation with the Maritime Industry Tripartite
35       Council(MITC).
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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.
CHAPTER XVI
ROLE OF GOVERNMENT AGENCIES
SEC. 62. Role of Government Agencies. - The following governlnent agencies shall perform
the following functions to promote the welfare and protect the rights of seafarers:
47
48       (a)         Commission  on  Higher  Education  (CHED).  CHED  shall  set  the  standards  and
49                    monitor  the  performance  of  maritime  education  programs  and  maritime  higher
50                    education institutions, ensuring that quality maritime education, including curricula
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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 Migrant Workers (DMW). The DMW shall review and improve on the
working conditions and terms  of employment  of the  officers  and  crew  of vessels
covered under this Act. It shall likewise ensure that the standards set forth under this
Act,  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  DMW  shall  establish  an  effective  system  for  inspection  and
certification  as  provided  under  this  Act  to  ensure  that  the  working  and  living
conditions of seafarers are met and continue to be met pursuant to the MLC, 2006.
It shall strengthen its research capability to provide studies/resources for evidenced-
based policy decision-making and program development, and continuously address
gaps in the protection and welfare of the seafarers.
It shall also continue to develop, enhance, and increase the accessibility of its gender
and women empowerment and training courses for seafarers to the maritime industry,
which  shall be  made available  in any format,  including  digital and/or  e-leaming
format.
It  shall  extend  immediate  assistance  to  seafarers,  or  their  families  or  next-of-kin,
including  the repatriation of distressed  seafarers, and any other analogous help or
intervention.
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 sealarers.
Department of Health (DOH). DOH shall regulate the activities and operations of all
clinics  which  conduct  medical,  physical,  optical,  dental,  psychological,  and  other
similar examinations, hereinafter referred to as health examinations, on 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 he/she 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.
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.
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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 workers and their families of these
programs and other related governmental programs.
5
6       (f)         Maritime  Industry  Authority  (MARINA).  The  MARINA  shall  ensure  that  the
7                    examination, licensing, and certification system for seafarers are in accordance with
8                    the requirements prescribed under the STCW convention, international agreements,
9                    other conventions relevant thereto, and other applicable laws, rules, and regulations.
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11       (g)         Philippine   Coast   Guard   (PCG).   The   PCG   shall   undertake   port   state   control
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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.
The  PCG  shall  likewise,  in  line  with  its  function  to  assist  in  the  enforcement  of
applicable laws within the maritime jurisdiction of the Philippines, assist the DOLE in
the enforcement of the rules and regulations issued for the purpose of implementing
the MLC, 2006, including orders to detain vessels found in gross violation of pertinent
laws, rules and regulations.
Unless  otherwise  provided  in  this  Act,  the  mandate,  power  and  function  of all  existing
departments,  agencies,  and  instrumentalities  of  the  government,  including  government-
owned and controlled corporations, shall remain and continue to be recognized in accordance
with law or order creating them.
SEC. 63. One-Stop Shop Center. - Seafarers may avail of the assistance of One-Stop Shop
Centers, as created and established under the Department of Migrant Workers Act.
SEC. 64. Registry of Seafarers. - The DMW shall maintain a registry of all seafarers on board
ocean-going vessels in the Philippines; Provided, that the registry of seafarers aboard ocean-
going ships shall be integrated to the management information system established under the
Department  of  Migrant  Workers  Act.  The  registry  shall  contain  updated  and  relevant
information or data to promote employment opportunities for seafarers, whether on board or
ashore, or to provide a list of available training and education to support skills development
and competencies of seafarers, as well as a digitalized copy of the duly executed contract.
The DMW shall ensure compliance with the Data Privacy Act of 2012, and its implementing
rules and regulations in handling the relevant information or data of seafarers.
SEC. 65. Maritime Occupational Safety and Health Standards. -The DOLE, in consultation
with the maritine industry stakeholders, shall formulate the Maritime Occupational Safety
and  Health  Standards  (MOSHS)  pursuant  to  the  provisions  of  Republic  Act  No.  11058,
otherwise  known  as  the  ``Occupational  Safety  and  Health  Law"  and  pertinent  maritime
conventions and treaties ratified by the Philippines.
CHAPTER XVII
FINAL PROVISIONS
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1
2       SEC. 66. Administrative Fines and penalties. -Any shipowner, master, their representatives
3       or other person who fails or refuses to present employment records, such as payrolls, daily
4       time records, payslip, or other documents, such as medical records, when required by the
5       individual seafarer, the secretary of DMW or his duly authorized representative, or the duly
6     -authorized representative of a recognized organization, shall be subjected to administrative
7       fines  ranging  from  One  Hundred  Thousand  Pesos  (Phpl00,000.00)  to  One  Million  Pesos
8       (Phpl,000,000.00), in accordance with the implementing rules and regulations of this Act.
9
10       SEC. 67. Penalties for violations of section 55. Any shipowner, master, their representatives
11      who operate without, or fails to present, a valid Maritime Labour certificate, or its equivalent,
12       shall be punished with fines ranging from one Hundred Thousand pesos (Phpl00,000.00) to
13       One  Million  Pesos   (Phpl,000,000.00),  in  accordance  with  the  implementing  rules  and
14       regulations of this Act.
15
16       SEC. 68. Penalties for violations of sections 56 and 57. -Any person who, without proper
17       authorization, exercises the authority granted to the secretary of DMW under sections 56 and
18      57 of this Act shall be punished with a fine of not less than Two Hundred Thousand pesos
(Php200,000.00) nor 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.
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23       SEC. 69. Transitory provision. -All rights, privileges, and benefits previously enjoyed by
24       seafarers before the effectivity of this Act, including those set forth in presidential Decree No.
25      442, otherwise known as the Labor Code of the Philippines, as amended, and Republic Act
26       No. 8042, otherwise known as the ``Migrant workers and overseas Filipinos Act of 1995,'' as
27       amended, shall continue to be recognized and shall not be diminished after the effectivity of
28       this Act.
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30      The Transition period provided under section 23 of the Department of Migrant workers Act
31       shall likewise be taken into consideration.
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33       SEC. 70. Implementing Rules and Regulations. -Within ninety (90) days from the effectivity
34       of this Act, the DMW, in coordination with DOLE, DFA, MARINA,  CHED, TESDA, PCG,
35      0WWA, and other concerned agencies, and upon consultation with relevant stakeholders,
36       shall formulate the rules and regulations for the effective implementation of this Act.
37
38       SEC. 71. Separability clause. -If, for any reason, any section, clause or term of this Act is
39       held to be illegal, invalid, or unconstitutional, such parts not affected by such declaration shall
40       remain in full force and effect.
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42       SEC.  72.  Repealing  Clause.  -  All  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.
46       SEC. 73. Effectivity clause. -This Act shall take effect fifteen (15) days after its publication
47       in the official Gazette or in a newspaper of general circulation.
Approved,
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