NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. B. No. 6 4 0
^Euati'
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S3r.n<*?/«©fnrf cf ti)f s.-' iirtnnj
*22 JUL 14 P3 :48
RECEIVED BY.
Introduced by Senator SONNY ANGARA
AN ACT
INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS
EXPLANATORY NOTE
Some 1.64 million seafarers are said to be at sea daily, spread across the 
100,000 or so ships that facilitate much of global trade and commerce today. By 
some estimates, up to 25 percent of this seaborne labor force is Filipino. In 2020 
alone, the country deployed 217,223 Filipino seafarers according to data from the 
Philippine Overseas Employment Administration (POEA). In 2021, seafarers were 
recorded to have brought in US$ 6.5 billion or 21 percent of the total foreign 
remittances the country received per the Bangko Sentra! ng Pilipinas (BSP).
Seafarers deal with circumstances very different from mainstream or land- 
based Overseas Filipino Workers (OFWs) and other sectors within the labor force. 
However, existing labor laws and social legislation, particularly the Overseas Filipinos 
and Migrant Workers' Act of 1996 (Republic Act No. 8042), do not adequately 
address the needs of seafarers nor do they adhere to internationally recognized 
instruments, such as those of the International Labor Organization (ILO) and the 
International Maritime Organization (IMO).
In view of these considerations, it is imperative to enact a Magna Carta for 
Seafarers thBX. promotes the welfare and protect the rights of Filipino seafarers. As a 
measure that aims to comprehensively protect the rights of Filipino seafarers, the 
foregoing bill aims to fill the gaps in legislation. In particular, this draft bill is a 
consolidation of all pending bills in the past Congresses as a result of series of 
consultations and technical working group sessions with various stakeholders and
1


which was finally endorsed by the Maritime Industry Tripartite Council (MITC) in 
March 2015.
This Magna Carta for Filipino Seafarers seeks to ensure protection of the 
rights and welfare of Filipino seafarers. Specifically, it seeks to recognize the rights 
of Filipino seafarers, institute mechanisms for the enforcement and protection 
thereof, provide for compulsory benefits, and implement standards set by the 
Maritime Labour Convention.
Swift approval of this bill is earnestly sought.
SONNY ANGARA
9


vS)ffirp of t!)C CD' ii'i'iovf
NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. B. No. 640
72 JUL 14 P3 48
RfCEI'sED BV;
Introduced by Senator SONNY ANGARA
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:
1 
CHAPTER I
2 
DECLARATION OF POLICY
3 
Section 1. Short Title. - This Act shall be known as the "Magna Carta of
4 
Filipino Seafarers."
5 
Sec. 2. Declaration of Policies. - It is hereby declared the policy of the State:
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(a) 
To recognize the rights, contributions, and unique role of seafarers as
7 
essential maritime professionals, acknowledge their vulnerabilities, and afford
8 
them full protection before, during, and after their employment;
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(b) 
To recognize that seafarers are a special category of key workers providing
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essential services, and given the global nature of the shipping industry and
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the different jurisdictions that seafarers may be brought into contact with,
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they are in need of special protection;
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(c) 
To encourage the participation of women in the seafaring profession and
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contribute meaningfully to the achievement of national development goals as
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productive members of the community;
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(d) To maintain and progressively develop a pool of competent and world-class
17 
seafarers through a system of education, training, certification, and licensing;
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(e) To establish and enhance mechanisms of administrative, adjudicative, social,
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and welfare services for seafarers and their families;
1


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(f) To enact laws that adopt and implement the standards set by international
2 
conventions and agreements regarding the working and living conditions and
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occupational safety and health, among others, of seafarers, particularly the
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Maritime Labour Convention, 2006 (MLC, 2006); and
5 
(g) To recognize shipowners, maritime higher education institutions, and licensed
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manning agencies as vital partners in promoting the rights, welfare, skills, and
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competencies of seafarers.
8 
Toward these ends, the State shall endeavor to improve the seafarers'
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working conditions, terms and conditions of employment, and career prospects, and
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to provide them opportunities to harness their potentials to the fullest. The State
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shall also uplift the socio-economic well-being of the seafarers' families.
12 
CHAPTER II
13 
GENERAL PROVISIONS
14 
Sec. 3. Coverage. - This Act shall cover:
15 
(a) 
All Filipino seafarers who are to be engaged, engaged, employed, or working
16 
in any capacity, on board Philippine or foreign-registered ships, except those
17 
to be engaged, engaged, employed, or working in the following categories of
18 
ships:
19 
(1) Warships, naval auxiliaries, and Coast Guard vessels;
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(2) Government ships not engaged in commercial operations;
21 
(3) Ships of traditional built, as may be defined under existing rules and
22 
regulations; and
23 
(4) Fishing vessels, as may be defined by appropriate rules and regulations to
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be issued by the Department of Labor and Employment (DOLE), in
25 
consultation with the Bureau of Fisheries and Aquatic Resources and other
26 
relevant stakeholders.
27 
For the purpose of this Act, a seafarer is deemed "to be engaged" as such if
28 
the seafarer has been contracted for overseas employment but has yet to
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leave the Philippines.
30 
(b) 
All Filipino seafarers on board Philippine registered domestic ships engaged in
31 
trade and commerce between Philippine ports and within Philippine territorial
32 
or internal waters shall be covered primarily by equivalent provisions of the


1 
Labor Code of the Philippines, as amended, and related social and welfare
2 
benefits laws. For this purpose, the DOLE shall issue the appropriate rules
3 
and regulations to govern the employment of domestic seafarers.
4 
Sec. 4. Definition of Terms. - As used in this Act, the following terms shall
5 
have the following meaning:
6 
(a) Abandonment - refers to a situation where, in violation of the terms of the
7 
employment contract, the shipowner:
8 
(i) Fails to cover the cost of the seafarer's repatriation;
9 
(ii) Flas left the seafarer without the necessary maintenance and support; or
10 
(iii) Has otherwise unilaterally severed their ties with the seafarer, including
11 
failure to pay contractual wages for a period of at least two (2) months;
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(b) 
Cadet - refers to a student of a maritime educational institution who is
13 
required to undergo training on board registered international or domestic
14 
ships to fulfill a maritime degree or technical course;
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(c) 
Domestic Shipping - refers to the transport of passenger or cargo, or both, by
16 
ships duly registered and licensed under Philippine law to engage in trade and
17 
commerce between Philippine ports and within Philippine territorial or internal
18 
waters, for hire or compensation, with general or limited clientele, whether
19 
permanent, occasional, or incidental, with or without fixed routes, and done
20 
for contractual or commercial purposes;
21 
(d) 
Internationai Maritime Convention or Internationai Convention - refers to any
22 
written treaty or agreement, or any protocol or amendment thereto, affecting
23 
the maritime industry, which has come into force and effect, including the
24 
MLC, 2006;
25 
(e) 
Internationai Convention on Standards of Training, Certification, and
26 
Watchkeeping for Seafarers (STCW) - refers to the international convention
27 
that establishes the minimum standards relating to training, certification, and
28 
watchkeeping for seafarers, which the Philippines acceded to on May 22,
29 
1984;
30 
(f) Manning Agency- refers to natural or juridical person duly licensed by the
31 
Secretary of the Department to engage in the recruitment and placement of
32 
seafarers;


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(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 stakeholders engaged in 
the business of owning, managing, chartering, or operating domestic and 
international ship/s of Philippine or foreign registry, manning of ships, 
managemeni 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 
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 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;
(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 as the 
shipowners' representative;
(l) 
Ocean-Going Ship - refers to a ship other than those which navigate 
exclusively in inland v/ater or in water within or closely adjacent to sheltered 
water, or areas where port regulations apply;
(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-srop centers in 
various parts of the country established to ensure prompt, efficient, vital, and 
relevant services to Overseas Filipino Workers (OFWs) and other overseas


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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, availmiant of reintegration services and ail pertinent 
seminars and workshops for all stakeholders, among others. In all cases and 
as far as practicable, the OSSCOs shall be co-located with POEA regional 
offices. Agencies at these centers shall, as far as practicable, include the 
Department of Labor and Employment (DOLE), the Department of Foreign 
Affairs (DFA), Philippine Overseas Employment Administration (POEA), 
Overseas Workers Welfare Administration (OWWA), Technical Education and 
Skills Development Authority (TESDA), Professional Regulation Commission 
(PRC), Maritime Industry Authority (MARINA), Department of Health (DOH), 
Philippine Coast Guard (PCG), Home Development Mutual Fund (HDMF), 
Philippine Health Insurance Corporation (PhilHealth), Social Security System 
(SSS), Philippine Statistics Authority (PSA), Bureau of Immigration (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;
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 Empioyment Contract (SEC) or Employment Contract - refers to a 
government-prescribed contract containing the minimum terms and 
conditions of employment;
Seafarer - refers to any Filipino who is to be employed, is employed, or is 
engaged to work in any capacity on board a ship covered under this Act;


1 
(t) 
Ship or Vessel - refers to any kind, class, or type of craft or artificial
2 
contrivance capable of floating in water, whether publicly or privately owned,
3 
ordinarily engaged in commercial activities; and
4 
(u) 
Shipowner or Principal - refers to the owner of the ship employing Filipino
5 
seafarers to work on board domestic ships and ships engaged in international
6 
trade, or any other organization or person, such as the manager, agent, or
7 
bareboat charterer, who has assumed the responsibility for the operation and
8 
management of the ship from the shipowner, and who, in assuming such
9 
responsibilities, has agreed to take over all the attendant duties and
10 
responsibilities of a shipowner under this Act, regardless of whether any other
11 
organization or persons fulfill certain duties or responsibilities on behalf of the
12 
shipowner.
13 
CHAPTER III
14 
SEAFARER'S RIGHTS
15 
Sec. 5. Right to Just Terms and Conditions of Work. - Seafarers shall have
16 
the right to:
17 
(a) A safe and secure workplace that complies with safety standards;
18 
(b) 
Decent working and living conditions on board a ship;
19 
(c) 
Medical care and confirmatory tests, welfare measures, and other forms of
20 
health and social protection;
21 
(d) 
Fair terms and conditions of employment, including salary commensurate to
22 
their rank, hours of work, paid sick leave or sickness benefits, the maximum
23 
number of workers hours, and minimum hours of rest periods, consistent with
24 
Philippine laws or international maritime conventions; and
25 
(e) Compensation and benefits in the event of death or long-ierm disability for
26 
occupational injuries, illnesses, hazards.
27 
Sec. 6. Right to Seif-Organization, to Engage in Collective Bargaining,
28 
and to Participate in Democratic Exercises. - Seafarers shall enjoy the right to self-
29 
organization, to collectively bargain, to form or join international organization of
30 
seafarers or network with seafarers of different nationalities, and to participate in
31 
the deliberation of issues and in the formulation of policies that affect them.


1 
including the guarantee of representation in governing boards or appointment in
2 
government instrumentalities.
3 
Women seafarers shall also have the right, and be encouraged, to join, assist,
4 
or form labor unions or associations, or form networks with women seafarers of
5 
different nationalities.
6 
Sec. 7. Right to Educational Advancement and Training at Reasonabie and 
1 Affordable Costs. - Seafarers shaii have access to educational advancement and
8 
training at reasonable and affordable costs.
9 
Toward this end, relevant government agencies shall:
10 
(a) Regulate the operation of all educational and training institutions offering
11 
courses related to seafaring;
12 
(b) Pursue grant programs, such as scholarships, subsidies, loan assistance, and
13 
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 of
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the industry and in accordance with minimum international maritime
17 
standards of competency; and
18 
(d) Afford enhanced access to educational advancement and training of women
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in the seafaring industry.
20 
CHED and MARINA shall work together to mainstream gender and development in
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the curricula of maritime institutions and training centers.
22 
Sec. 8. Right to Information. - Shipowners, manning agencies, and other
23 
organizations responsible for the recruitment and placement of seafarers, shall
24 
provide seafarers relevant information, including the terms and conditions of
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employment, company policies affecting seafarers, obligations of 
seafarers,
26 
conditions and realities attending to their profession, and necessary 
laws and
27 
regulations of countries covered by their sojourn. In addition, the seafarers shall, at
28 
all times, be furnished a copy of the duly executed Standard Employment Contract,
29 
as well as the results of the medical examination conducted on him/her. This right
30 
shall also include the right of seafarers' organizations to relevant information
31 
affecting the terms and conditions of employment of their members.


1 
All ships covered by this Act shall have a copy of the MLC, 2006, the
2 
grievance procedures available on-board, duly executed Standard Employment
3 
Contract of seafarers, and when there is a collective bargaining agreement (CBA), a
4 
copy of such agreement, which shall be readily available to the seafarers.
5 
Sec. 9. Right to Information of a Seafarer's Famiiy or Next-of-Kin. - In critical
6 
incidents, such as accidents or deaths on board or offshore, piracy, abandonment of
7 
vessel, and other similar cases, the seafarer's family or next-of-kin shall be
8 
immediately informed of the incident, including investigation reports, action/s taken,
9 
and plans by the shipowner and the manning agency concerned.
10 
In addition. It shall be the duty of the shipowner and the manning agency,
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within a reasonable period of time, to report to the POEA and the OWWA such
12 
incident and the details of the family or next-of-kin of the concerned seafarer/s.
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Sec. 10. Right to Safe Passage and Safe Travei. - Seafarers shall be accorded
14 
the rights to safe passage and safe travel, including the right to embark and
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disembark in third countries when in transit, and the right to be repatriated and
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return home.
17 
Sec. 11. Right to Consuitation. - Seafarers and maritime stakeholders shall be
18 
adequately consulted before adopting any maritime policy, executive issuance, rules
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or regulations, or in the enactment of any maritime law that may directly affect the
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seafarers and/or their families and beneficiaries.
21 
Sec. 12. Right against Discrimination. - Seafarers shall have the right to be
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protected from discrimination on the basis of race, age, sex, religion, or political
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opinion, as well as on the basis of disablement, taking into consideration the
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inherent requirements of the particular job or undertaking. Career opportunities shall
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be promoted, and appropriate working and living conditions shall be guaranteed
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equally among male and female seafarers.
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Sec. 13. Right to be Protected Against Aii Forms of Harassment and Buiiying. 
- 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


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crew members. Maritime stakeholders and seafarers shall ensure that harassment
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and bullying do not take place.
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Shipowners and manning agencies shall also establish helplines and grievance
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mechanisms for all victims of harassment and bullying.
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Sec. 14. Right to Free Legal Representation. - Seafarers who are victims of
6 
violations of the provisions of this Act or whose contracts have been breached, who
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cannot afford the services of a competent and independent counsel, shall have the
8 
right to free legal assistance and protection at the government's expense, and to the
9 
fair and speedy disposition of the case, including the expeditious settlement of any
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money claims, subject to existing rules and regulations.
11 
Sec, 15. Right to Access to Communication. - Seafarers, especially during
12 
their free time or when they are not on duty, shall have reasonable access to ship-
13 
to-shore telephone communications, email, and internet facilities, where available.
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Sec. 16. Right to Record of Employment or Certificate of Employment - At
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the expiration of the employment contract of the seafarer, the seafarer shall be
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given a record of his/her employment on board the ship, or a certificate of
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employment, specifying the length of service, the position the seafarer occupied, an
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account of his/her final wages, and such other relevant information.
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Sec. 17. Right to Fair Treatment in the Event of a Maritime Accident - In the
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event of a maritime accident, seafarers shall be treated fairly. They shall be entitled
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to all the rights under the ILO/International Maritime Organization (IMO) 2006
22 
Guidelines on Fair Treatment of Seafarers in the Event of a Maritime Accident and its
23 
amendments.
24 
CHAPTER IV
25 
WOMEN IN THE MARITIME INDUSTRY
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Sec. 18. Discrimination Against Women Seafarers. - In addition to the right
27 
against discrimination on the basis of sex, women seafarers shall be protected from
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the following discriminatory acts:
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(a) Payment of a lesser compensation, including wage, salary or other form of
30 
remuneration and fringe benefits, to a male seafarer as against a female
31 
seafarer, for work of equal value; and


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(b) Favoring a male seafarer over a female seafarer with respect to promotion,
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training opportunities, study and scholarship grants, solely on account of their
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sexes.
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Sec. 19. Gender and Development - Shipowners and manning agencies shall
5 
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
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promote the rights of women to adequate training and opportunities, free from
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discrimination, harassment and bullying.
9 
CHAPTER V
SEAFARER'S DUTIES
To comply with and observe the terms and conditions of the Standard 
Employment Contract;
To abide by lawful and reasonable company personnel policies;
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;
To be diligent in the performance of duties relating to the ship, its stores, 
equipment, and cargo, vyhether 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
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
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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. Medicai 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.
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 certify that the person is expected to meet the
t
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 the purposes of this Section, a medicai certificate issued in accordance 
with the requirements of STCW shall be accepted.
Sec. 23. Training and Quaiifcations. - 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 placement 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.
11


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CHAPTER VII
TERMS AND CONDITIONS OF EMPLOYMENT
Sec. 25. Standard Employment 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;
Seafarer's Record Book Number, Seafarer's Identity Document Number, and 
POEA Seafarer's Registration Number;
Shipowner's name and address;
Place where and date when the seafarer's employment agreement is entered 
into;
Duration of the contract;
Point of hire;
Capacity in which the seafarer is to be employed;
Amount of the seafarer's salary, and the formula used for calculating the 
same;
Maximum hours of work and minimum hours of rest;
Wages and v/age-related benefits, which shall include, but is not limited to, 
overtime pay, holiday pay, vacation leave pay, premium pay, paid leaves, and 
13th-month pay, if applicable;
Compensation and benefits for occupational injury, illness, or death;
Social securiiy 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;
Stipulations on repatriation or similar undertakings;
Separation pay and retirement pay, if applicable;
Reference to che CBA, if applicable; and 
Other benefits in accordance with law, company policy, or CBA.
The employment contract shall be in a working language or in the English 
language, executed in four (4) original copies before the commencement of the 
employment. The shipowner and the seafarer shall each have a signed original of
12
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the agreement. In addition/ a signed original shall be made available on board the 
ship.
For ocean-going Philippine-registered ships or foreign-registered ships, the 
POEA shall issue a Standard Employment Contract containing the minimum 
standards to be observed in the employment of seafarers. The Standard 
Employment Contract shall be reviewed and updated regularly and must, at all 
times, be consistent with the MLC, 2006, and other existing treaties and conventions 
governing seafarers, which the Philippines has ratified or will ratify in the future.
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 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 24-hour period. The hours of rest may be divided into two 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-day period; Provided, further, that such 
watchkeeping duties shall not be allowed for more than two (2) consecutive weeks; 
Provided, finaiiy, 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 Annuai 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
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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; (ii) 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 
practice or policy, the minimum wage applicable to seafarers on board ocean-going 
ships of Philippine or foreign registry shall be as provided in the Standard 
Employment Contract, which in no case be lower than the prevailing industry 
standard on ocean-going seafaring wage rates for officers and other members of the 
ship's crew, and regularly paid in full at least once a month.
Sec. 29. Remittance of Wages. - Shipowners shall provide the appropriate 
facilities and assistance to the seafarer to enable the seafarer to remit his/her wages 
to his/her designated allotee/s in the Philippines through any authorized Philippine 
bank or financial intermediary; Provided^ that such allotment shall not be less than 
eighty percent (80%) of the seafarer's monthly basic salary.
Sec. 30. Limitations on Wage Deductions. - A deduction from the seafarer's 
wages shall not be made without his/her written consent unless the deduction is 
provided for in the contract of employment and/or is authorized by law.
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Sec. 31. Personal Effects. - A seafarer may bring a reasonable number of
27 
articles for personal use on board the ship; Provided/ that this shall not
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inconvenience the ship or cargo or pose any risk on board the ship. If the seafarers'
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personal effects are lost or damaged as a result of shipwreck, loss or stranding, 
abandonment of the vessel, or as a result of fire, flooding, collision, or piracy, the 
shipowner shall reimburse him/her for said loss or damage, subject to limits 
prescribed by existing rules and regulations, unless a higher limit is provided under 
the existing CBA, but in no case lower than international standards.
Sec. 32. Social Welfare Benefits. - Without prejudice to established policy, 
CBA, or other applicable social agreement, all seafarers shall be members of, and 
receive the benefits conferred by, the Overseas Workers Welfare Administration 
(OWWA), Social Security System (SSS), Employees7 Compensation and State 
Insurance Fund, PhilHealth, HDMF, or Pag-IBIG Fund, and other applicable social 
protection laws, rules and regulations, as may now or hereafter be created in favor 
of Filipino workers and/or OFWs.
Sec. 33. Sick Leave and Sickness Benefits During Public Health Emergencies. 
- A seafarer who has contracted an illness or disease during public health 
emergencies, such as epidemics or pandemics, while in transit, or Is under 
quarantine, shall be entitled to paid sick leave and sickness benefits until the 
seafarer joins the vessel.
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, 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:
(a) All ocean-going ships and domestic ships constructed on or after the date
when the MLC, 2006 come into force;
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29
(b) All second-hand ships, whether ocean-going or domestic, acquired or leased, 
and entered in the Philippine Registry after tiie entry date into force of the
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said Convention, insofar as ihey can be reasonably refitted, unless provided
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exemption by the relevant Philippine government agency; and
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(c) All ships constructed prior to the entry into force of the MLC, 2006, which
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have undergone major or substantial structural alterations after the entry into
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force of the Convention, unless provided exem.ption by the relevant Philippine
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government agency.
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Sec. 36. Accommodation Facilities. - Unless otherwise exempted herein or by
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appropriate regulations, all ships shall have safe, decent, and adequate
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accommodations for seafarers, taking into account the need to protect the health
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and safety of seafarers working or living on board the ship. There shall be a basic
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shipboard facility for women, such as separate sleeping rooms.
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Sec. 37. Requirements for Sanitation. - All ships shall have sanitation
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facilities that meet the minimum standards for health and hygiene, which shall be
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accessible to seafarers on board. The sanitation facilities shall be located at
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convenient places, allowing for easy access to workstations. Separate sanitation
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facilities shall also be provided for male and female crew members of the ship.
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Sec. 38. Recreation Facilities. - Unless otherwise exempted herein or by
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appropriate regulations, all ships shall have recreation facilities, amenities, and
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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
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patterns and length of voyages allow their crew to go home or to make use of
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comparable facilities onshore.
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Sec. 39. Food and Catering. - All ships shall ensure protection and promotion
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of the health of the seafarer. Toward this end, shipowners shall ensure that ships
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carry on-board and serve free food and drinking water of appropriate quality,
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quantity, and nutritional value that adequately cover the requirements of the ship
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and take into consideration the differing cultural and religious backgrounds of the
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seafarers on board the ship. The food and drinks in the preparation thereof shall be
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in accordance with the standards of the Sanitation Code of the Philippines and
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pertinent laws, rules, and regulations, and/or with international standards. In all
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cases, the ship's cooks shall be trained and qualified.
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CHAPTER IX
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MEDICAL CARE AND MARITIME OCCUPATIONAL
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SAFETY AND HEALTH STANDARDS
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Sec. 40. Medical Care On Board Ships and Ashore. - The shipowner shall
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provide adequate medical facility, equipment, paraphernalia, and medical supplies,
5 
including medicines on board, ana shall ensure access to shore facilities for the
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health of seafarers, as well as the corresponding medical or trained personnel who
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shall provide first-aid and medical care.
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The medicine chest and its contents, the medical equipment, and the medical
9 
guide on board shall be maintained and inspected regularly to ensure that labeling,
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expiry dates, and conditions of storage of all medicines and the directions for their
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use are checked, and all equipment are functioning properly.
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The shipowner shall ensure that seafarers have access to medical treatment
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for any illness or injury, hospitalization, and dental treatment until the sick or injured
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seafarer has recovered or until the sickness or incapacity has been declared of a
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permanent character.
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A seafarer shall have the right to consult a qualified physician or dentist
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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
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purpose.
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Sec. 41. Protection of Seafarers from Epidemics, Pandemics, or Other Public
22 
Health Emergencies - Seafarers on ships should be covered by adequate measures
23 
for protection from health-related outbreaks, such as epidemics and pandemics,
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including the provision of personal protective supplies and equipment, as
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appropriate.
26 
Seafarers shall have access to prompt and adequate medical care while on
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board, including medical advice and confidential helplines on physical and mental
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health, which shall be free of charge.
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Shipowners shall institute preventive measures in accordance with the health
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regulations of the Flag State and the appropriate guidelines issued by the World
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Health Organization (WHO), including the necessary disinfection, decontamination,
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de-ratting, or other measures necessary to prevent the spread of infection or 
contamination. Affected seafarers shall also be properly isolated and treated 
pursuant to established guidelines of the Flag State, the WHO, and applicable rules 
and regulations.
In ports of call, seafarers in need of medical care shall have access to medical 
facilities onshore.
The transit of seafarers who are medically fit to work shall be facilitated and 
exempted from travel-related, health-related, or movement restrictions until arrival 
at the point of destination.
Sec. 42. Financial Security System to Assist Seafarers in case of Occupational 
Injury and Other Causes. - In accordance with the MLC, 2006 on Financial Security 
for vessels, the shipowner shall provide an expeditious and effective financial 
securib/ system to assist seafarers in the event of their abandonment and to assure 
compensation for contractual claims in the event of sickness, injury, or death 
occurring while they are serving under a seafarer's employment contract, or arising 
from their employment under such agreement.
CHAPTER X
TERMINATION OF EMPLOYMENT
Sec. 43. Termination of Employment -
(a) 
The employment of 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, signs-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 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
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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.
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.
Manning agencies and shipowners shall submit periodic reports to the POEA 
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 complaints 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
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be assisted by a union-designated representative in the proceedings. Any
2 
agreements reached by the parties at the grievance proceedings shall be final and
3 
binding.
4 
Sec. 46. Mandatory Conciliation - Mediation. - In the absence of an
5 
agreement or settlement at the grievance machinery level, the following rules shall
6 
apply:
7 
(a) If there is a CBA, the matter shall be submitted for voluntary arbitration in
8 
accordance with existing laws, rules, and regulations;
9 
(b) If there is no CBA, the parties shall have the option to submit the case to
10 
compulsory arbitration or voluntary arbitration, or conciliation-mediation
11 
services provided under Republic Act No. 10396, otherwise known as "An Act
12 
Strengthening Conciliation-Mediation as a Voluntary Mode of Dispute
13 
Settlement for all Labor Cases, Amending for this Purpose Article 228 of
14 
Presidential Decree No. 442, as amended, Otherwise Known as the 'Labor
15 
Code of the Philippines'" and its implementing rules and regulations.
16 
Sec. 47. Maritime Industry Labor Arbitration. - There shall be a pool of
17 
trained maritime industry conciliators-mediators and experts with the appropriate
18 
competence, integrity, and knowledge of the Philippine and global maritime industry
19 
practices and standards, MLC, 2006, and related Philippine-ratified conventions and
20 
treaties, who shall handle the mediation or conciliation or arbitration of all issues
21 
relating to the employment of seafarers.
22 
CHAPTER XII
23 
REPATRIATION
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Sec. 48. Seafarers' Repatriation. - In all cases of repatriation, the affected
25 
seafarer shall be repatriated to the point of hire or the place of domicile of the
26 
seafarer, at his/her option, or in case of incapacity or deatti, at the opt'on of his/her
27 
next-of-kin, and all costs related to the repatriation and/or transport of the personal
28 
effects and remains of seafarers, including the provision on financial security in case
29 
of abandonment of seafarers, shall be borne by or charged to the shipowner or the
30 
manning agency concerned to expedite the repatriation without prior determination
31 
of the cause of repatriation or termination of the seafarer's employment.
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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 medicai 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 
repatriation to the destination shall be borne by the Philippine government, following 
the whole-of-government approach in the management of epidemics/pandemics.
Sec. 51. Waiver of Entitiement 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 seafarers 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 traveling due to illness, injury or incapacity, or other 
cases that affect the seafarer's safety and security.
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CHAPTER XIII 
f
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REINTEGRATION OF OVERSEAS FILIPINO SEAFARERS
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Sec. 52. Reintegration. -There shall be developed and implemented a full-
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cycle and comprehensive national reintegration program for seafarers, which shall
5 
be embedded in all stages of migration for work beginning from pre-deployment, on-
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site during employment and upon return, whether voluntary or involuntary. The
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reintegration program shall cover the different dimensions of support needed by the
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seafarer, such as economic, social, psychosocial, and cultural, including skills
9 
certification and recognition of equivalency for effective employment services, and
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shall ensure contribution to national development through investments and transfer
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of technology from skilled or professional seafarers.
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CHAPTER XIV
13 
PROVISIONS APPLICABLE TO DOMESTIC SEAFARERS
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Sec. 53. Wages, Holiday Pay, Service Incentive Leave, and other Statutory
15 
Benefits. - The minimum wage rate of seafarers on board ships engaged in domestic
16 
shipping shall be determined by the Regional Wages and Productivity Boards
17 
(RTWPB), taking into account the peculiarities of the employment arrangement of
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seafarers and the criteria for wage-fixing pursuant to Republic Act No. 6727,
19 
otherwise known as the "Wage Rationalization Act;" Provided, that wages for actual
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work hours and days shall not be lower than the applicable minimum wage rates for
21 
actual work hours and days shall rot be lower than the applicab'e minimum wage
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rates in the place where the ship is registered. Wages of domestic seafarers shall be
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paid in full and regularly at least twice a week in a month, or at intervals not greater
24 
than 16 days as provided in the Labor Code of the Philippines, as amended.
25 
In addition, the provisions of the Labor Code of the Philippines, as amended,
26 
on "Prohibitions Regarding Wages," "Wage Studies, Wage Agreements, and Wage
27 
Determination," "Administration and Enforcement," "Holidays," "Service Incentive
28 
Leaves and Service Charges," shall continue to apply, unless higher annual leave is
29 
already provided under the CBA or by the shipowner as company practice or policy
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or seafarers' emplo/ment agreement. In addition, domestic seafarers shall also be
31 
entitled to (i) 13th month pay pursuant to Presidential Decree No. 851, as amended,
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(il) paid maternity leave under Republic Act No. 11210, otherwise known as the 105-
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Day Expanded Maternity Leave Law, (iii) paid paternity leave under Republic Act No.
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8187, otherwise known as the Paternity Leave Act of 1996, (iv) Paid parental leave
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for solo parents under Republic Act No. 8972, othervdse known as the Solo Parents'
4 
Welfare Act of 2000; (v) paid leave for victims of violence against women and their
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children under Republic Act No. 9262, otherwise known as the Anti-Violence Against
6 
Women and their Children Act of 2004, (vi) paid special leave due to surgery for any
7 
gynecological disorder, under Republic Act No. 9710, otherwise known as the Magna
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Carta of Women, and retirement pay, pursuant to Republic Act No. 7641.
9 
Domestic seafarers shall also be entitled to SSS, PhilHealth, and Employee
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Compensation Commission (ECC) benefits, HDMF or Pag-IBIG Fund, and other
11 
applicable social protection in accordance with law, 
regardless of the benefits
12 
already provided under a contract, CBA, or company practice or policy.
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Sec. 54. Employment Contract There shall be an agreement in writing
14 
between the shipowner and the seafarer, which shall include the following terms:
15 
(a) Seafarer's full name, date of birth, age, birthplace, permanent, and/or
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residential address;
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(b) Seafarer's Record Book Number, Seafarer's Identity Document Number;
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Shipowner's name and address;
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(d) Place where and date when the seafarer's employment agreement is entered
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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
25 
same;
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(i) 
Maximum hours of work and minimum hours of rest;
27 
(j) 
Wages and wage-related benefits, which 
shall include, but is not limited to,
28 
overtime pay, holiday pay, vacation leave pay, premium pay, paid leaves, and
29 
13th-month pay, if applicable;
30 
(k) Compensation and benefits for occupational injury, illness, or death;
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(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 Employment 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 obsen/ed.
Sec. 57. Rescue of Seafarers On-Board Domestic Ships. - The provisions 
under this Act on repatriation, as may be applicable, shall also apply to seafarers 
working on domestic ships. Seafarers on board domestic ships shall be entitled to 
emergency rescues in cases of war, epidemics, abandonment of ships by 
shipowners, disasters or calamities, whether natural or man-made, and other similar 
events. The Philippine Coast Guard and MARINA shall undertake and assist in the 
rescue of seafarers on board domestic ships.
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Sec. 58. Contracting or Subcontracting of Services. - The contracting or 
subcontracting of seafarers for work on-board domestic ships shall be governed by 
existing rules and regulations issued by the DOLE.
CHAPTER XV
MANNING LEVELS AND COMPLIANCE AND ENFORCEMENT 
OF SHIPS OF PHILIPPINE REGISTRY
Sec. 59. Manning Leveis. - Ail ships of Philippine registry shall have the 
required minimum manning levels as prescribed by the Maritime Industry Authority 
(MARINA). They shall, at all times, be manned by a crew that is adequate in terms 
of size and qualifications taking into account the need to operate the vessel safely 
and efficiently.
Sec. 60. Crew Competence. - Every member of the crew of a ship of 
Philippine Registry shall possess, in addition to the required medical certificate, the 
appropriate certificate of competency issued by the relevant government agency/ies, 
setting forth his/her competence to sen/e in the capacity, and perform the functions 
involved at the level of responsibilny, for the position held, for the type, tonnage, 
power, means of propulsion, and trading patterns of the ships concerned.
The certificate of competency shall attest that the seafarer to whom it is 
issued meets the requirements for service, age, qualification, and examinations for 
the position held.
Sec. 61. Compliance and Certification. - All ships of Philippine registry shall 
comply with the provisions of this Act. The shipowner and master shall ensure the 
compliance of the ship with this Act and its implementing rules and regulations, who 
shall be made principally liable for any violation thereof.
For this purpose, a Maritime Labour Certificate or a certificate of compliance, 
as applicable, shall be issued in accordance with the implementing rules and 
regulations of this Act.
Sec. 62. Inspection and Enforcement -
(a) The Secretary' of Labor or the appropriate Secretary in-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.
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(b)
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 ser.ous 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 until 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.
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 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.
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The PCG shall prohibit a ship from leaving port upon the order of the
2 
Secretary of Labor or the appropriate Secretary in-charge of migration-related
3 
matters, or in case of finding of non-compliance with the provisions of this Act
4 
and the MLC, 2006 and/or its amendments and the conditions on board are
5 
clearly hazardous to the safety, health, or security of seafarers. In all cases,
6 
the prohibition to leave the port shall be in place until the same have been
7 
rectified or untii a plan of action to rectify the non-conformities is shown to be
8 
implemented in an expeditious manner, and cleared by the Secretary of Labor
9 
or the appropriate Secretary in-charge of migration-related matters.
10 
Sec. 63. Recognized Organizations. - Recognized organizations may be
11 
authorized by the Secretary of Labor to conduct inspection and issue certification in
12 
accordance with the provisions of this Act and its implementing rules and
13 
regulations.
14 
A recognized organization shall 
have the necessary knowledge of the
15 
requirements of this Act and its implementing rules and regulations, MLC, 2006, and
16 
other relevant international treaties or conventions.
17 
A recognized organization shall 
also have the necessary and qualified
18 
professional, technical, and support expertise to carry out the conduct of inspection
19 
and issuance of certification.
20 
CHAPTER XVI
21 
SHIPBOARD TRAINING OF CADETS
22 
Sec. 64. Applicability. - The provisions of Sections 5 to 17 (Seafarers' Rights),
23 
Sections 18 to 19 (Women in the Maritime Industry), Section 22 (Medical
24 
Certificate), Sections 35 to 39 (Accommodation, Recreation Facilities, Food and
25 
Catering in Ships), Section 40 (Medical Care On Board Ships and Ashore), Sections
26 
45 to 47 (Settlement of Disputes), Sections 48 to 50 (Repatriation) shall apply with
27 
respect to the training of cadets.
28 
Sec. 65. Shipboard Training Agreement for Cadets. - There shall be a written
29 
agreement among tne shipowner, the cadet, and the maritime institution or school,
30 
which shall embody the following information, terms, and conditions:
31 
(a) Cadet's full name, date of birth, birthplace, and age, which should be at least
32 
16 years old;
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(b) 
Name and address of maritime institution or school;
(c) 
Name and address of shipowner and its manning and placement agency, if 
applicable;
(d) 
Place and date when the agreement is entered into;
(e) 
Capacity in which the cadet is to be trained;
(f) 
The amount of the cadet's allowance or stipend, if applicable;
(g) 
Required number of hours of training and rest which shall not be less than 
the prescribed hours of rest in Section 23 of this Act;
(h) 
Duties and responsibilities of the sponsoring company, the Maritime Higher 
Educational Institution (MHEIs), and cadets, as may be provided under the 
Standard Cadet Training Agreement on Ships Engaged in International 
Voyage of the Philippine Overseas Employment Administration (POEA); and
(i) 
Other benefits in accordance with existing laws, company policy, or 
agreements.
In no case shall cadets perform activities outside of the scope of the cadet 
shipboard training program.
The foregoing agreement shall be in a language familiar to and understood by 
al! 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 DOLE, through the Bureau of 
Working Conditions (BWC). A signed original copy shall also be made available on­
board the ship.
Sec. 66. 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.
CHAPTER XVII
INCENTIVES AND AWARDS GRANTED TO THE MARITIME INDUSTRY
Sec. 67. Incentives and Awards. - There shall be established an incentives 
and awards system for the maritime industry stakeholders, which shall be developed 
and administered by the concerned government agency upon consultation with the 
Maritime Industry Tr ipartite Council (MITC).
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Under such rules and regulations that may be promulgated, deserving
2 
shipowners, seafarers, manning, and other organizations or entities shall be
3 
commended or awarded for their outstanding performance in upholding the rights of
4 
seafarers and complying with this Act.
5 
CHAPTER XVIII
6 
ROLE OF GOVERNMENT AGENCIES
7 
Sec. 68. Role of Government Agencies. - The following government agencies shall
8 
perform the following functions to promote the welfare and protect the rights of
9 
seafarers;
10 
(a) Commission on Higher Education (CHED). CHED shall set the standards and
11 
monitor the performance of maritime education programs and maritime
12 
higher education institutions, ensuring that quality maritime education,
13 
including curricula and training programs, are structured and delivered in
14 
accordance with the written programs, methods, and media of delivery,
15 
procedures, and course materials compliant with international standards
16 
prescribed under the STCW Convention and its amendments. For this
17 
purpose, CHED shall be in dose coordination with the MARINA.
18 
(b) Department of Labor and Employment (DOLE). DOLE shall ensure that the
19 
standards set forth under this Act, Presidential Decree No. 442, as amended,
20 
and other domestic laws, the MLC, 2006 and other international treaties and
21 
conventions to which the Philippines is a signatory are faithfully complied with
22 
and fairly applied to seafarers.
23 
To this end, the DOLE shall establish an effective system for the inspection
24 
and certification to ensure that the working and living conditions of seafarers
25 
are met and continue to be met pursuant to the MLC, 2006.
26 
(c) Department of Foreign Affairs (DFA). DFA, through its consular offices or
27 
foreign service posts, in coordination with the appropriate government
28 
agency, shall take priority action or make representation with the foreign
29 
authority concerned to protect the rights of seafarers and extend immediate
30 
assistance, including the repatriation of distressed or beleaguered seafarers.
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(d) Department of Health (DOH). DOH shall regulate the activities and operations
2 
of all clinics which conduct medical, physical, optical, dental, psychological,
3 
and other similar examinations, hereinafter referred to as health
4 
examinations/ on seafarers.
5 
The DOH shall determine and prescribe the nature of the medical examination
6 
that shall be required of a seafarer, ensuring that such examination will
7 
genuinely determine the seafarer's State of health, considering the duties that
8 
he/she shall be required to perform on board. The DOH shall likewise
9 
prescribe the contents of the medical certificate to ensure that such
10 
certification will genuinely reflect the seafarer's state of health.
11 
(e) Philippine Overseas Employment Administration (POEA). POEA shall review
12 
and improve on the working conditions and terms of employment of the
13 
officers and crew of vessels of Philippine registry, and of such officers and
14 
crew members who are Filipino citizens and employed by foreign vessels.
15 
(f) Overseas Workers' Welfare Administration (OWWA). The OWWA, through its
16 
welfare officer or, in his absence, the coordinating officer, shall provide the
17 
seafarers and his/her family all the assistance they may need in the
18 
enforcement of contractual obligations by agencies and/or by their principals.
19 
The OWWA shall likewise formulate and implement welfare programs for
20 
overseas Filipino seafarers and their families while they are abroad and upon
21 
their return. It shall ensure the awareness by the overseas Filipino workers
22 
and their families of these programs and other related governmental
23 
programs.
24 
(g) Maritime Industry Authority (MARINA). The MARINA shall ensure that the
25 
examination, licensing, and certification system for seafarers are in
26 
accordance with the requirements prescribed under the STOW Convention,
27 
international agreements, other conventions relevant thereto, and other
28 
applicable laws, rules, and regulations.
29 
(h) National Maritime Polytechnic. The NMP shall strengthen its research
30 
capability to provide studies/resources for evidenced-based policy decision-
31 
making and program aevelopment, and continuously address gaps in the
32 
protection and welfare of the seafarers.
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The NMP 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-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.
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 fcr 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. 69. One-Stop Shop Center for OFWs (OSSCO). - There shall be 
established in each region a One Stop Shop Center for OFWs, which shall be co­
located in the regional offices of the POEA, and shall have, as far as practicable, 
representatives from agencies that process the documents or issue the required 
licenses, permits and clearances required of seafarers.
Sec. 70. Registry of Seafarers. - The POEA, for ocean-going ships of foreign 
registry, and MARINA, for domestic and ocean-going ships of Philippine registry, 
shall maintain a registry of all seafarers in the Philippines; Provided, that the registry 
of seafarers aboard ocean-going ships shall be integrated to the management 
information system established under the Migrant Workers and Overseas Filipinos 
Act, as amended. 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
31


1 
development and competencies of seafarers, as well as a digitalized copy of the duly
2 
executed contract.
3 
POEA and MARINA shall ensure compliance with Republic Act No. 10173,
4 
otherwise known as the "Data Privacy Act of 2012," and its implementing rules and
5 
regulations in handling the relevant information or data of seafarers in their
6 
respective registries.
7 
Sec. 71. Maritime Occupationai Safety and Health Standards. - The DOLE, in
8 
consultation with the maritime industry stakeholders, shall formulate the Maritime
9 
Occupational Safety and Health Standards (MOSHS) pursuant to the provisions of
10 
Republic Act No. 11058, otherwise known as the "Occupational Safety and Health
11 
Law" and pertinent maritime conventions and treaties ratified by the Philippines.
12 
CHAPTER XIX
13 
final provisions
14 
Sec. 72. Administrative Fines and Penalties. - Any shipowner, master, their
15 
representatives or other person who fails or refuses to present employment records,
16 
such as payrolls, daily time records, payslip, or other documents, such as medical
17 
records, when required by the individual seafarer, the Secretary of Labor or his duly
18 
authorized representative, or the duly authorized representative of a recognized
19 
organization, shall be subjected to administrative fines ranging from One Hundred
20 
Thousand Pesos (Phpl00,000) to One Million Pesos (Phpl,000,000), in accordance
21 
with the implementing rules and regulations of this Act.
22 
Sec. 73. Penalties for Violations of Section 68. - Any shipowner, master, their
23 
representatives who operate without, or fails to present, a valid Maritime Labour
24 
Certificate, or its equivalent, shall be punished with fines ranging from One Hundred
25 
Thousand Pesos (Phpl00,000) to One Million Pesos (Phpl,000,000.00), in
26 
accordance with the implementing rules and regulations of this Act.
27 
Sec. 74. Penaities for Violations of Sections 69 and 70. - Any person who,
28 
without proper authorization, exercises the authority granted to the Secretary of
29 
Labor and Employment under Sections 69 and 70 of this Act shall be punished with a
30 
fine of not less than Two Hundred Thousand Pesos (Php200,000.00) nor more than
31 
Two Million Pesos (Php2,000,000), or imprisonment of not less than one (1) year nor
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1 
more than four (4) years, or both at the discretion of the court. The foregoing
2 
offense shall prescribe after five (5) years from its commission.
3 
Sec. 75. Transitory Provision. - All rights, privileges, and benefits previously
4 
enjoyed by seafarers before the effectivity of this Act, including those set forth in
5 
Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines,
6 
as amended, and Republic Act No. 8042, otherwise known as the "Migrant Workers
7 
and Overseas Filipinos Act of 1995," as amended, shall continue to be recognized
8 
and shall not be diminished after the effectivity of this Act.
9 
Sec. 76. Implementing Rules and Regulations. - Within ninety (90) days from
10 
the effectivity of this Act, the DOLE, in coordination with DFA, MARINA, CHED,
11 
TESDA, PCG, POEA, OWWA, and other concerned agencies, and upon consultation
12 
with relevant stakeholders, shall formulate the rules and regulations for the effective
13 
implementation of this Act.
14 
Sec. 77. Separability Clause. - If, for any reason, any section, clause or term
15 
of this Act is held to be illegal. Invalid, or unconstitutional, such parts not affected by
16 
such declaration shall remain in full force and effect.
17 
Sec. 78. Repealing Cause. - All laws, presidential decrees, issuances,
18 
executive orders, letters of instruction, rules, and regulations Inconsistent with the
19 
provisions of this Act are hereby repealed or modified accordingly.
20 
Sec. 79. Effectivity Cause. - This Act shall take effect fifteen (15) days after
21 
its publication in the Official Gazette or in a newspaper of general circulation.
Approved,
33