EIGHTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
Third Regular Session 
)
'21 AUG 26 P4 :02
SENATE
S. NO. 2369
(M..-
Prepared by the Committees on Labor, Employment and Human Resources Development; 
and Foreign Relations with Senators Angara, Revilla Jr., Hontiveros, Binay, Villanueva, and
Zubiri as authors thereof.
AN ACT
INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembied:
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CHAPTER I
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DECLARATION OF POLICY
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Section 1. Short Title. - This Act shall be known as the "Magna Carta of Filipino
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Seafarers."
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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 essential
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maritime professionals, acknowledge their vulnerabilities, and afford them full
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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 the
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different jurisdictions that seafarers may be brought into contact with, they are
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in need of special protection;
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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
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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;
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(f) To enact laws that adopt and implement the standards set by international
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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
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(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.
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Toward these ends, the State shall endeavor to improve the seafarers' working
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conditions, terms and conditions of employment, and career prospects, and to provide
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them opportunities to harness their potentials to the fullest. The State shall also uplift
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the socio-economic well-being of the seafarers' families.
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CHAPTER II
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GENERAL PROVISIONS
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Sec. 3. Coverage. - This Act shall cover:
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(a) All Filipino seafarers who are to be engaged, engaged, employed, or working
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in any capacity, on board Philippine or foreign-registered ships, except those to
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be engaged, engaged, employed, or working in the following categories of
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ships:
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(1) Warships, naval auxiliaries, and Coast Guard vessels;
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(2) Government ships not engaged in commercial operations;
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(3) Ships of traditional built, as may be defined under existing rules and
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regulations; and
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(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
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consultation with the Bureau of Fisheries and Aquatic Resources and other
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relevant stakeholders.
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For the purpose of this Act, a seafarer is deemed "to be engaged" as such if
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the seafarer has been contracted for overseas employment but has yet to leave
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the Philippines.


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(e)
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(b)
(C)
(d)
All Filipino seafarers on board Philippine registered domestic ships engaged in 
trade and commerce between Philippine ports and within Philippine territorial 
or internal waters shall be covered primarily by equivalent provisions of the 
Labor Code of the Philippines, as amended, and related social and welfare 
benefits laws. For this purpose, the DOLE shall issue the appropriate rules and 
regulations to govern the employment of domestic seafarers.
Sec. 4. Definition of Terms. - As used in this Act, the following terms shall have 
following meaning:
Abandonment - refers to a situation where, in violation of the terms of the 
employment contract, the shipowner:
(i) Fails to cover the cost of the seafarer's repatriation;
(ii) Has left the seafarer without the necessary maintenance and support; or
(iii) Has otherwise unilaterally severed their ties with the seafarer, including 
failure to pay contractual wages for a period of at least two (2) months;
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;
Domestic Shipping - refers to the transport of passenger or cargo, or both, by 
ships duly registered and licensed under Philippine law to engage in trade and 
commerce between Philippine ports and within Philippine territorial or internal 
waters, for hire or compensation, with general or limited clientele, whether 
permanent, occasional, or incidental, with or without fixed routes, and done for 
contractual or commercial purposes;
Internationai Maritime Convention or Internationai 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;
Internationai Convention on Standards of Training, Certification, and 
Watchkeeping for Seafarers (STCW) - refers to the international convention 
that establishes the minimum standards relating to training, certification, and 
watchkeeping for seafarers, which the Philippines acceded to on May 22,1984;


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(f) Manning Agency - refers to a natural or juridical person duly licensed by the
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Secretary of the Department to engage in the recruitment and placement of
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seafarers;
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(g) Maritime Accident - refers to any unforeseen occurrence or physical event
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connected to the navigation, operations, maneuvering, or handling of ships, or
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the machinery, equipment, material, or cargo on board such ships which may
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result in the detention of seafarers;
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(h) Maritime Industry Stakehoiders - refer to all private stakeholders engaged in
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the business of owning, managing, chartering, or operating domestic and
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international ship/s of Philippine or foreign registry', manning of ships,
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management ports, stevedoring and arrastre services, ship brokering and
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chartering, ship-building and ship repair, providing martime services, such as
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ship supplies and provisions, maritime education and training, shipping agency,
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and other similar activities.
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This term shall also include bona fide maritime labor organizations, professional
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associations of seafarers, associations 
promoting seafarers' welfare, and
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women's maritime organizations;
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(i) Maritime Labour Certificate - refers to the document that certifies that the
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working and living conditions of the seafarers on the ship have been inspected
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and are compliant with the requirements of the MLC, 2006 and of applicable
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Philippine laws and regulations;
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(j) Maritime Labour Convention, 2006 (MLC, 2006) - refers to the consolidated
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Maritime Labour Convention approved by the International Labour Organization
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(ILO) in 2006 and ratified by the Philippines on August 20, 2012;
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(k) Master - refers to a person having command of a ship and acts as the
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shipowners' representative;
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(I) Ocean-Going Ship - refers to a ship other than those which navigate exclusively
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in inland water or in water within or closely adjacent to sheltered water, or
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areas where port regulations apply;
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(m) Officer - refers to a member of the crew other than the master who has been
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designated as such by national law or regulation, or, in the absence of such
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designation, by collective agreement or custom;


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(n) 
One-Stop-Shop Center for OFWs (OSSCO) - refers to the one-stop centers in 
various parts of the country established to ensure prompt, efficient, vital, and 
relevant services to Overseas Filipino Workers (OFWs) and other overseas 
Filipinos and their families, including seafarers. The OSSCOs shall be the venue 
for the acquisition of relevant clearances and permits, validation of overseas 
job offers, availment of reintegration services and all pertinent seminars and 
workshops for 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;
(o) 
Point of Hire - refers to the place indicated in the contract of employment, and 
which shall be the basis in determining the commencement of the contract;
(p) 
Recognized Organizations - refer to organizations recognized by the DOLE to 
carry out inspections or issue the Maritime Labour Certificate in accordance 
with the scope of activities covered by their authorizations;
(q) 
Repatriation - refers to the process of returning a seafarer to the point of 
destination, which shall be 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;
(r) 
Standard Empioyment Contract (SEC) or Empioyment Contract - refers to a 
government-prescribed contract containing the minimum terms and conditions 
of employment;


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right
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(a)
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(b)
(C)
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Seafarer - refers to any Filipino who is to be employed, is employed, or is 
engaged to work in any capacity on board a ship covered under this Act;
Ship or Vessel-refers to any kind, class, or type of craft or artificial contrivance 
capable of floating in water, whether publicly or privately owned, ordinarily 
engaged in commercial activities; and
Shipowner or Principal - refers to the owner of the ship employing Filipino 
seafarers to work on board domestic ships and ships engaged in international 
trade, or any other organization or person, such as the manager, agent, or 
bareboat charterer, who has assumed the responsibility for the operation and 
management of the ship from the shipowner, and who, in assuming such 
responsibilities, has agreed to take over all the attendant duties and 
responsibilities of a shipowner under this Act, regardless of whether any other 
organization or persons fulfill certain duties or responsibilities on behalf of the 
shipowner.
CHAPTER III 
SEAFARER'S RIGHTS
Sec. 5. Right to Just Terms and Conditions of Work. - Seafarers shall have the 
to:
A safe and secure workplace that complies with safety standards;
Decent working and living conditions on board a ship;
Medical care and confirmatory 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 workers hours, and minimum 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.


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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 the 
guarantee of representation in governing boards or appointment in government 
instrumentalities.
Women seafarers shall also have the right, and be encouraged, to join, assist, 
or form labor unions or associations, or form networks with women seafarers of 
different nationalities.
Sec. 7. Right to Educational Advancement and Training at Reasonable and 
Affordable Costs. - Seafarers shall have access to educational advancement and 
training at reasonable and affordable costs.
Toward this end, relevant government agencies shall:
(a) 
Regulate the operation of all educational and training institutions offering 
courses related to seafaring;
(b) 
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;
(c) 
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
(d) 
Afford enhanced access to educational advancement and training of women in 
the seafaring industry.
CHED and MARINA shall work together to mainstream gender and development in the 
curricula of maritime institutions and training centers.
Sec. 8. Right to Information. - Shipowners, manning agencies, and other 
organizations responsible for the recruitment and placement of seafarers, shall provide 
seafarers relevant information, including the terms and conditions of employment, 
company policies affecting seafarers, obligations of seafarers, conditions and realities 
attending to their profession, and necessary laws and regulations of countries covered 
by their sojourn. In addition, the seafarers shall, at all times, be furnished a copy of


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the duly executed Standard Employment Contract, as well as the results of the medical
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examination conducted on him/her. This right shall also include the right of seafarers'
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organizations to relevant information affecting the terms and conditions of
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employment of their members.
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All ships covered by this Act shall have a copy of the MLC, 2006, the grievance
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procedures available on-board, duly executed Standard Employment Contract of
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seafarers, and when there is a collective bargaining agreement (CBA), a copy of such
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agreement, which shall be readily available to the seafarers.
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Sec. 9. Right to Information of a Seafarer's Famiiy or Next-of-Kin. - In critical
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incidents, such as accidents or deaths on board or offshore, piracy, abandonment of
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vessel, and other similar cases, the seafarer's family or next-of-kin shall be
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immediately informed of the incident, including investigation reports, action/s taken,
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and plans by the shipowner and the manning agency concerned.
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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 incident
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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
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the rights to safe passage and safe travel, including the right to embark and disembark
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in third countries when in transit, and the right to be repatriated and return home.
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Sec. 11. Right to Consuitation. - Seafarers and maritime stakeholders shall be
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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.
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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 inherent
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requirements of the particular job or undertaking. Career opportunities shall be
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promoted, and appropriate working and living conditions shall be guaranteed equally
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among male and female seafarers.


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Sec. 13. Right to be Protected Against AH Forms of Harassment and Buiiying. -
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Seafarers shall be protected against all forms of harassment and bullying while on
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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 and
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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 Legai Representation. - Seafarers who are victims of
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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
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right to free legal assistance and protection at the government's expense, and to the
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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.
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Sec. 15. Right to Access to Communication. - Seafarers, especially during their
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free time or when they are not on duty, shall have reasonable access to ship-to-shore
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telephone communications, email, and internet facilities, where available.
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Sec. 16. Right to Record of Employment or Certificate of Employment - At the
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expiration of the employment contract of the seafarer, the seafarer shall be given a
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record of his/her employment on board the ship, or a certificate of employment,
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specifying the length of service, the position the seafarer occupied, an account of
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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
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Guidelines on Fair Treatment of Seafarers in the Event of a Maritime Accident and its
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amendments.
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CHAPTER IV
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WOMEN IN THE MARITIME INDUSTRY
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Sec. 18. Discrimination Against Women Seafarers. - In addition to the right
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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
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remuneration and fringe benefits, to a male seafarer as against a female
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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
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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.
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CHAPTER V
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SEAFARER'S DUTIES
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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
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Employment Contract;
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(b) 
To abide by lawful and reasonable company personnel policies;
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(c) 
To follow and observe the chain and command of the vessel, and to comply
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with the relevant and reasonable policies and procedures on board the ship or
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while ashore, taking into consideration his/her religious freedom;
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(d) To be diligent in the performance of duties relating to the ship, its stores,
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equipment, and cargo, whether on board, in transit, or ashore;
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(e) To continually improve his/her professional competency by keeping up-to-date
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with the latest technological and scientific knowledge applied in the maritime
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fields, constant reading and diligent studies, and keen observation of shipboard
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activities;
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(f) To be, at all times, orderly and respectful to the shipmates, passengers,
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shippers, stevedores, port authorities, and other 
persons who have 
official
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business with the ship; and
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(g) To take personal responsibility for his/her health while on board by maintaining
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a healthy lifestyle and complying with medically prescribed instructions.
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CHAPTER VI
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MINIMUM REQUIREMENTS FOR SEAFARERS
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Sec. 21. Minimum Age. - No person below eighteen (18) years old, other than
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a cadet, shall be employed, engaged, or otherwise allowed to work on board
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Philippine-registered ships operating domestically or internationally, as well as on
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board foreign-registered ships.
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Sec. 22. Medicai Certificates. - No seafarer shali be employed, engaged, or
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otherwise allowed to work on board a domestic or ocean-going ship unless a medical
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certificate has been issued declaring the seafarer to be fit to work.
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For this purpose, the seafarer shall hold a valid medical certificate issued by a
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medical facility duly accredited by the Department of Heaith (DOH), in accordance
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with its rules and regulations.
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The medicai certificate shail certify that the person is expected to meet the
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minimum requirements to perform the duty specific to the person's post safeiy and
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effectiveiy during the validity of the certificate.
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During the conduct of a medical examination, the seafarer shall have the
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responsibility of answering truthfuliy ali questions relating to his/her medical condition
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and/or medicai history, inciuding previousiy known iiiness, injury, or medical
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treatment, and to make a complete inventory of medication prescribed to him/her by
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physicians; Provided, that the processing of the medical information of the seafarer
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shail at all times comply with the provisions of Republic Act No. 10173 or the Data
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Privacy Act of 2012.
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For the purposes of this Section, a medicai certificate issued in accordance with
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the requirements of STCW shall be accepted.
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Sec. 23. Training and Quaiifications. - Only seafarers certified by appropriate
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government agencies in compliance with the STCW and other applicable international
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standards, shall work, be employed, or be engaged on board a ship.
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Sec. 24. Recruitment and Piacement. - Only duly licensed manning agencies
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shail be allowed to operate and engage in the recruitment and placement of seafarers,
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in accordance with rules and regulations as may be issued by the Secretary of Labor
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and Employment, or the Secretary in-charge of migration-related matters, including
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the deployment of seafarers.
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In all cases, no amount or fee, including placement fees, shall be charged to 
the seafarer in relation to his/her recruitment and placement.
CHAPTER VII
TERMS AND CONDITIONS OF EMPLOYMENT 
Sec. 25. Standard Employment Contract for Seafarers. - There shall be a 
Standard Employment Contract in writing between the shipowner and the seafarer, 
which shali inciude, but not be iimited to, the foiiowing information and terms:
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 wage-reiated 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 security and welfare benefits, including the compulsory insurance 
coverage as provided under Repubiic 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 applicabie;
Reference to the CBA, if applicable; and 
Other benefits in accordance with iaw, company poiicy, or CBA.
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The employment contract shall be in a working language or in the English
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language, executed in four (4) original copies before the commencement of the
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employment. The shipowner and the seafarer shall each have a signed original of the
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agreement. In addition, a signed original shall be made available on board the ship.
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For ocean-going Philippine-registered ships or foreign-registered ships, the
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POEA shall issue a Standard Employment Contract containing the minimum standards
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to be observed in the employment of seafarers. The Standard Employment Contract
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shall be reviewed and updated regularly and must, at all times, be consistent with the
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MLC, 2006, and other existing treaties and conventions governing seafarers, which
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the Philippines has ratified or will ratify in the future.
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Sec. 26. Maximum Hours of Work and Minimum Hours of Rest -The normal
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hours of work of a seafarer shall not exceed eight (8) hours a day with one (1) rest
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day per week. If the seafarer is required to work beyond eight (8) hours, the maximum
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hours of work shall not exceed fourteen (14) hours in any 24-hour period, and seventy-
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two (72) hours in any seven (7)-day period.
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The minimum hours of rest for every seafarer shall not be less than ten (10)
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hours in a 24-hour period. The hours of rest may be divided into two periods, one of
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which shall be at least six (6) hours in length, and the interval between the two periods
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of rest shall not exceed fourteen (14) hours.
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In exceptional cases, seafarers in watchkeeping duties may be required to work
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beyond fourteen (14) hours: Provided, that the rest period is not less than seventy
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(70) hours in any seven-day period; Provided, further, that such watchkeeping duties
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shall not be allowed for more than two (2) consecutive weeks; Provided, finaiiy, that
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the intervals between the two (2) periods shall not be less than twice the duration of
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the exception.
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Seafarers shall be granted reasonable periods of shore leaves while the vessel
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is docked for the benefit of their health and well-being, subject to proportionate and
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specifically adopted rules, regulations, and measures of the Port State.
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Sec. 27. Paid Annual Leave. - Unless a higher annual leave is already provided
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in the employment contract, or under a CBA, or by the shipowner as company practice
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or policy, the seafarers shall be paid an annual leave, to be calculated on the basis of
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a minimum of 4.5 calendar days per month of employment, without prejudice to any
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future increases as may be prescribed by laws, rules, or regulations; provided, that
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the following shall not be counted as part of the annual paid leave:
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(a) Public and customary holidays of the Philippines, whether or not they fail during
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the paid annual leave;
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(b) Periods of incapacity for work (i) resulting from illness or injury; (ii) due to
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maternity or paternity leave in accordance with law;
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(c) 
Temporary shore leave granted to a seafarer while employed; or
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(d) 
Compensatory leave of any kind.
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Sec. 28. Wages. - Without prejudice to higher rates provided under the
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Standard Employment Contract, or under a CBA, or by the shipowner as company
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practice or policy, the minimum wage applicable to seafarers on board ocean-going
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ships of Philippine or foreign registry shall be as provided in the Standard Employment
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Contract, which in no case be lower than the prevailing industry standard on ocean-
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going seafaring wage rates for officers and other members of the ship's crew, and
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regularly paid in full at least once a month.
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Sec. 29. Remittance of Wages. - Shipowners shall provide the appropriate
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facilities and assistance to the seafarer to enable the seafarer to remit his/her wages
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to his/her designated allotee/s in the Philippines through any authorized Philippine
23 
bank or financial intermediary; Provided, that such allotment shall not be less than
24 
eighty percent (80%) of the seafarer's monthly basic salary.
25 
Sec. 30. Limitations on Wage Deductions. - A deduction from the seafarer's
26 
wages shall not be made without his/her written consent unless the deduction is
27 
provided for in the contract of employment and/or is authorized by law.
14


1 
Sec. 31. Personal Effects. - A seafarer may bring a reasonable number of
2 
articles for personal use on board the ship; Provided, that this shall not inconvenience
3 
the ship or cargo or pose any risk on board the ship. If the seafarers' personal effects
4 
are lost or damaged as a result of shipwreck, loss or stranding, abandonment of the
5 
vessel, or as a result of fire, flooding, collision, or piracy, the shipowner shall reimburse
6 
him/her for said loss or damage, subject to limits prescribed by existing rules and
7 
regulations, unless a higher limit is provided under the existing CBA, but in no case
8 
lower than international standards.
9 
Sec. 32. Social Welfare Benefits. - Without prejudice to established policy, CBA,
10 
or other applicable social agreement, all seafarers shall be members of, and receive
11 
the benefits conferred by, the Overseas Workers Welfare Administration (OWWA),
12 
Social Security System (SSS), Employees' Compensation and State Insurance Fund,
13 
PhilHealth, HDMF, or Pag-IBIG Fund, and other applicable social protection laws, rules
14 
and regulations, as may now or hereafter be created in favor of Filipino workers and/or
15 
OFWs.
16 
Sec. 33. Sick Leave and Sickness Benefits During Public Health Emergencies. -
17 
A seafarer who has contracted an illness or disease during public health emergencies,
18 
such as epidemics or pandemics, while in transit, or is under quarantine, shall be
19 
entitled to paid sick leave and sickness benefits until the seafa-er joins the vessel.
20 
Sec. 34. Anti-Harassment and Bullying Policies On Board Ships. - Shipowners
21 
shall ensure protection to seafarers with policies and accessible procedures to address
22 
harassment and bullying on board ships.
23 
CHAPTER VIII
24 
ACCOMMODATION, RECREATION FACILITIES,
25 
FOOD AND CATERING IN SHIPS
26 
Sec. 35. Application. - The requirements of this Chapter covering ships of
27 
Philippine Registry shall be applicable to the following:
28 
(a) All ocean-going ships and domestic ships constructed on or after the date when
29 
the MLC, 2006 come into force;
15


1 
(b) 
All second-hand ships, whether ocean-going or domestic, acquired or leased,
2 
and entered in the Philippine Registry after the entry date into force of the said
3 
Convention, insofar as they can be reasonably refitted, unless provided
4 
exemption by the relevant Philippine government agency; and
5 
(c) 
All ships constructed prior to the entry into force of the MLC, 2006, which have
6 
undergone major or substantial structural alterations after the entry into force
7 
of the Convention, unless provided exemption by the relevant Philippine
8 
government agency.
9 
Sec. 36. Accommodation Facilities. - Unless otherwise exempted herein or by
10 
appropriate regulations, all ships shall have safe, decent, and adequate
(
11 
accommodations for seafarers, taking into account the need to protect the health and
12 
safety of seafarers working or living on board the ship. There shall be a basic shipboard
13 
facility for women, such as separate sleeping rooms.
14 
Sec. 37. Requirements for Sanitation. - All ships shall have sanitation facilities
15 
that meet the minimum standards for health and hygiene, which shall be accessible
16 
to seafarers on board. The sanitation facilities shall be located at convenient places,
17 
allowing for easy access to workstations. Separate sanitation facilities shall also be
18 
provided for male and female crew members of the ship.
19 
Sec. 38. Recreation Facilities. - Unless otherwise exempted herein or by
20 
appropriate regulations, all ships shall have recreation facilities, amenities, and
21 
services that are appropriate and accessible to seafarers; Provided, that domestic
22 
ships shall be exempted from this requirement considering that their trading patterns
23 
and length of voyages allow their crew to go home or to make use of comparable
24 
facilities onshore.
25 
Sec. 39. Food and Catering. - All ships shail ensure protection and promotion
26 
of the health of the seafarer. Toward this end, shipowners shall ensure that ships carry
27 
on-board and serve free food and drinking water of appropriate quality, quantity, and
28 
nutritional value that adequately cover the requirements of the ship and take into
29 
consideration the differing cultural and religious backgrounds of the seafarers on
30 
board the ship. The food and drinks in the preparation thereof shall be in accordance
31 
with the standards of the Sanitation Code of the Philippines and pertinent laws, rules.
16


1 
and regulations, and/or with international standards. In all cases, the ship's cooks shall
2 
be trained and qualified.
3 
CHAPTER IX
4 
MEDICAL CARE AND MARITIME OCCUPATIONAL
5 
SAFETY AND HEALTH STANDARDS
6 
Sec. 40. Medical Care On Board Ships and Ashore. - The shipowner shall
7 
provide adequate medical facility, equipment, paraphernalia, and medical supplies,
8 
including medicines on board, and shall ensure access to shore facilities for the health
9 
of seafarers, as well as the corresponding medical or trained personnel who shall
10 
provide first-aid and medical care.
11 
The medicine chest and its contents, the medical equipment, and the medical
12 
guide on board shall be maintained and inspected regularly to ensure that labeling,
13 
expiry dates, and conditions of storage of all medicines and the directions for their use
14 
are checked, and all equipment are functioning properly.
15 
The shipowner shall ensure that seafarers have access to medical treatment for
16 
any illness or injury, hospitalization, and dental treatment until the sick or injured
17 
seafarer has recovered or until the sickness or incapacity has been declared of a
18 
permanent character.
19 
A seafarer shall have the right to consult a qualified physician or dentist without
20 
delay in ports of call, where practicable.
21 
The health protection and medical care under this Section shall be provided at
22 
no cost to the seafarer, in accordance with rules and regulations issued for this
23 
purpose.
24 
Sec. 41. Protection of Seafarers from Epidemics, Pandemics, or Other Pubiic
25 
Heaith Emergencies. - Seafarers on ships should be covered by adequate measures
26 
for protection from health-related outbreaks, such as epidemics and pandemics,
27 
including the provision of personal protective supplies and equipment, as appropriate.
28 
Seafarers shall have access to prompt and adequate medical care while on
29 
board, including medical advice and confidential helplines on physical and mental
30 
health, which shall be free of charge.
17


1 
Shipowners shall institute preventive measures in accordance with the health
2 
regulations of the Flag State and the appropriate guidelines issued by the World Health
3 
Organization (WHO), including the necessary disinfection, decontamination, de-
4 
ratting, or other measures necessary to prevent the spread of infection or
5 
contamination. Affected seafarers shall also be properly isolated and treated pursuant
6 
to established guidelines of the Flag State, the WHO, and applicable rules and
7 
regulations.
8 
In ports of call, seafarers in need of medical care shall have access to medical
9 
facilities onshore.
10 
The transit of seafarers who are medically fit to work shall be facilitated and
11 
exempted from travel-related, health-related, or movement restrictions until arrival at
12 
the point of destination.
13 
Sec. 42. Financial Security System to Assist Seafarers in case of Occupational
14 
Injury and Other Causes. - In accordance with the MLC, 2006 on Financial Security
15 
for vessels, the shipowner shall provide an expeditious and effective financial security
16 
system to assist seafarers in the event of their abandonment and to assure
17 
compensation for contractual claims in the event of sickness, injury, or death occurring
18 
while they are serving under a seafarer's employment contract, or arising from their
19 
employment under such agreement.
20 
CHAPTER X
21 
TERMINATION OF EMPLOYMENT
22 
Sec. 43. Termination of Employment -
23 
(a) The employment of seafarers on board Philippine-registered ships operating
24 
internationally, as well as those on board foreign-registered ships, shall cease
25 
when the seafarers complete their period of contractual service aboard the ship,
26 
signs-off from the ship, and arrive at the destination as specified under this
27 
paragraph (b) of this Section.;
28 
(b) The employment is also terminated effective upon arrival at the point of
29 
destination, which shall either be at the point of hire or the seafarer's place of
30 
domicile, at the option of the seafarer, or in case of the seafarer's incapacity or
31 
death, at the option of his/her next-of-kin, for any of the following reasons;
18


1 
(1) When the seafarer signs-off and is disembarked for medical reasons in the
2 
event the seafarer is declared: (i) fit for repatriation; or (ii) when after an
3 
illness, the seafarer is declared fit to work, but the shipowner is unable to
4 
find employment for the seafarer on board the ship originally boarded or
5 
another ship of the shipowner;
6 
(2) When the seafarer signs-off due to sale of the ship, lay-up of the ship,
7 
discontinuance of voyage or change of ship principal, shipwreck, grounding,
8 
or unseaworthiness;
9 
(3) When the seafarer voluntarily resigns in writing and signs-off prior to the
10 
expiration of contract within a reasonable period as may be prescribed in
11 
the implementing rules and regulations of this Act; or
12 
(4) When the seafarer is discharged for just causes in accordance with the
13 
provisions of the Standard Employment Contract.
14 
Sec. 44. Extension of Employment -In the event of the extension of the term
15 
of a seafarer's employment contract, the seafarer shall be furnished a copy of the
16 
new, or supplemental contract covering the extension of his employment, with
17 
adequate time to review and obtain expert advice regarding the terms and conditions
18 
of his/her extended employment, which shall in no case be lower than the terms of
19 
his/her original employment. In all cases, the shipowner, or a duly authorized
20 
representative or the manning agency shall ensure that the seafarer has considered
21 
the effect of such an extension to any accumulated entitlement and repatriation
22 
benefits, among others.
23 
Manning agencies and shipowners shall submit periodic reports to the POEA on
24 
the welfare and well-being of seafarers subjected to such contract extensions.
25 
CHAPTER XI
26 
SETTLEMENT OF DISPUTES
27 
Sec. 45. On board and Onshore Grievance Machinery. - All ships of Philippine
28 
registry shall establish a grievance machinery and fair, effective, and expeditious on
29 
board and onshore procedures, at no cost to the seafarer, for the resolution of
30 
grievances or complaints.
19


1 
Any grievance or complaints shall first be referred to the appropriate grievance
2 
mechanism provided under this Section. In cases where a seafarer is a member of a
3 
legitimate trade union organization and covered by a CBA, he/she shall be assisted by
4 
a union-designated representative in the proceedings. Any agreements reached by the
5 
parties at the grievance proceedings shall be final and binding.
6 
Sec. 46. Mandatory Conciliation - Mediation. -In the absence of an agreement
7 
or settlement at the grievance machinery level, the following rules shall apply:
8 
(a) If there is a CBA, the matter shall be submitted for voluntary arbitration in
9 
accordance with existing laws, rules, and regulations;
10 
(b) If there is no CBA, the parties shall have the option to submit the case to
11 
compulsory arbitration or voluntary arbitration, or conciliation-mediation
12 
services provided under Republic Act No. 10396, otherwise known as "An Act
13 
Strengthening Conciliation-Mediation as a Voluntary Mode of Dispute
14 
Settlement for all Labor Cases, Amending for this Purpose Article 228 of
15 
Presidential Decree No. 442, as amended. Otherwise Known as the 'Labor Code
16 
of the Philippines'" and its implementing rules and regulations.
17 
Sec. 47. Maritime Industry Labor Arbitration. - There shall be a pool of trained
18 
maritime industry conciliators-mediators and experts with the appropriate
19 
competence, integrity, and knowledge of the Philippine and global maritime industry
20 
practices and standards, MLC, 2006, and related Philippine-ratified conventions and
21 
treaties, who shall handle the mediation or conciliation or arbitration of all issues
22 
relating to the employment of seafarers.
23 
CHAPTER XII
24 
REPATRIATION
25 
Sec. 48. Seafarers' Repatriation. - In all cases of repatriation, the affected
26 
seafarer shall be repatriated to the point of hire or the place of domicile of the seafarer,
27 
at his/her option, or in case of incapacity or death, at the option of his/her next-of-
28 
kin, and ail costs related to the repatriation and/or transport of the personal effects
29 
and remains of seafarers, including the provision on financial security in case of
30 
abandonment of seafarers, shall be borne by or charged to the shipowner or the
31 
manning agency concerned to expedite the repatriation without prior determination
32 
of the cause of repatriation or termination of the seafarer's employment.
20


1 
Sec. 49. Repatriation Expenses; Advance and Recovery. - The repatriation
2 
expenses that shall be borne by or charged to the shipowner or the manning agency
3 
concerned shall include:
4 
(a) Basic pay and allowances from the moment the seafarers leave the ship until
5 
they reach the repatriation destination;
6 
(b) 
Accommodation and food during the journey to the repatriation destination;
7 
(c) 
Transportation charges, the normal mode of transport should be by air;
8 
(d) Deployment cost of the principal; and
9 
(e) Immigration fees, fines, and penalties.
10 
However, in cases where the termination of employment is for just cause or
11 
upon the request of the seafarer, the cost of repatriation shall be for the account of
12 
the seafarer in accordance with the employment agreement.
13 
The responsibility to provide for the repatriation costs shall be without prejudice
14 
to the right to civil, criminal or other claims in accordance with law or otherwise,
15 
particularly in cases of maritime accident or death other than natural causes.
16 
Sec. 50. Quarantine and Medicai Expenses in Repatriation Due to Infection,
17 
Epidemics or Pandemic. - Before or during the process of repatriation, the expenses
18 
of medical care and board and lodging for periods spent by seafarers in self-isolation
19 
or quarantine, whether or not the seafarers have symptoms, have been exposed or
20 
are quarantined as a safety precaution for the community, shall be covered by the
21 
shipowner or manning agency until the seafarers have been duly repatriated to the
22 
repatriation destination. Thereafter, medical care and quarantine expenses after
23 
repatriation to the destination shall be borne by the Philippine government, following
24 
the whole-of-government approach in the management of epidemics/pandemics.
25 
Sec. 51. Waiver of Entitlement to Repatriation. - Entitlement to repatriation
26 
may be waived by a seafarer; Provided, That the waiver shall be written, made freely
27 
and voluntarily, with full knowledge of its consequences; Provided, however, that no
28 
such waiver shall be allowed or presumed when a seafarers is abandoned, held captive
29 
on or off the ship as a result of acts of piracy or armed robbery against the ship, or
30 
are incapable of traveling due to illness, injury or incapacity, or other cases that affect
31 
the seafarer's safety and security.
21


1 
CHAPTER XIII
2 
REINTEGRATION OF OVERSEAS FILIPINO SEAFARERS
3 
Sec. 52. Reintegration. -There shall be developed and implemented a full-cycle
4 
and comprehensive national reintegration program for seafarers, which shall be
5 
embedded in all stages of migration for work beginning from pre-deployment, on-site
6 
during employment and upon return, whether voluntary or involuntary. The
7 
reintegration program shall cover the different dimensions of support needed by the
8 
seafarer, such as economic, social, psychosocial, and cultural, including skills
9 
certification and recognition of equivalency for effective employment services, and
10 
shall ensure contribution to national development through investments and transfer
11 
of technology from skilled or professional seafarers.
12 
CHAPTER XIV
13 
PROVISIONS APPLICABLE TO DOMESTIC SEAFARERS
14 
Sec. 53. Wages, Hoiiday 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
18 
seafarers and the criteria for wage-fixing pursuant to Republic Act No. 6727, otherwise
19 
known as the "Wage Rationalization Act;" Provided, that wages for actual work hours
20 
and days shall not be lower than the applicable minimum wage rates for actual work
21 
hours and days shall not be lower than the applicable minimum wage rates in the
22 
place where the ship is registered. Wages of domestic seafarers shall be paid in full
23 
and regularly at least twice a week in a month, or at intervals not greater than 16
24 
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 or
30 
seafarers' employment agreement. In addition, domestic seafarers shall also be
31 
entitled to (i) 13th month pay pursuant to Presidential Decree No. 851, as amended,
32 
(ii) paid maternity leave under Republic Act No. 11210, otherwise known as the 105-
22


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20 
21 
22
23
24
25
26
27
28
29
30
31
32
Day Expanded Maternity Leave Law, (iii) paid paternity leave under Republic Act No. 
8187, otherwise known as the Paternity Leave Act of 1996, (iv) Paid parental leave for 
solo parents under Republic Act No. 8972, otherwise known as the Solo Parents' 
Welfare Act of 2000; (v) paid leave for victims of violence against women and their 
children under Republic Act No. 9262, otherwise known as the Anti-Violence Against 
Women and their Children Act of 2004, (vi) paid special leave due to surgery for any 
gynecological disorder, under Republic Act No. 9710, otherwise known as the Magna 
Carta of Women, and retirement pay, pursuant to Republic Act No. 7641.
Domestic seafarers shall also be entitled to SSS, PhilHealth, and Employee 
Compensation Commission (ECC) benefits, HDMF or Pag-IBIG Fund, and other 
applicable social protection in accordance with law, regardless of the benefits already 
provided under a contract, CBA, or company practice or policy.
Sec. 54. Employment Contract There shall be an agreement in writing between 
the shipowner and the seafarer, which shall include the following terms:
(a) 
Seafarer's full name, date of birth, age, birthplace, permanent, and/or 
residential address;
(b) 
Seafarer's Record Book Number, Seafarer's Identity Document Number;
(c) 
Shipowner's name and address;
(d) 
Place where and date when the seafarer's employment agreement is entered 
into;
(e) 
Duration of the contract;
(f) 
Point of hire;
(g) 
Capacity in which the seafarer is to be employed;
(h) 
Amount of the seafarer's salary, and the formula used for calculating the same;
(i) 
Maximum hours of work and minimum hours of rest;
(j) 
Wages and wage-related benefits, which shall include, but is not limited to, 
overtime pay, holiday pay, vacation leave pay, premium pay, paid leaves, and 
13th-month pay, if applicable;
(k) 
Compensation and benefits for occupational injury, illness, or death;
(l) 
Social security and weifare benefits, inciuding 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;
23


1 
(m) 
Stipulations in case of rescues or other similar undertakings;
2 
(n) 
Separation pay and retirement pay, if applicable;
3 
(o) 
Reference to the CBA, if applicable; and
4 
(p) 
Other benefits in accordance with the law, company policy, or CBA.
5 
The foregoing employment agreement shall be executed by and between the
6 
shipowner and the seafarer before the commencement of employment, in a language
7 
or dialect understandable to both parties. The shipowner shall provide the domestic
8 
seafarer the signed original copy of the agreement and a certified true copy shall be
9 
made available on board the ship.
10 
The DOLE shall keep a copy of the employment contract between the shipowner
11 
and the domestic seafarer.
12 
Sec. 55. Maximum Hours of Work and Minimum Hours of Rest -The provision
13 
of Section 26 shall also apply to domestic seafarers. In addition, waiting time shall not
14 
be considered as compensable working time if the seafarer is completely relieved from
15 
his/her duty and can use the time effectively for his/her own purpose.
16 
Sec. 56. Termination of Empioyment of Domestic Seafarers. -The termination
17 
of employment of a seafarer on board domestic ships shall be governed by the
18 
provisions of the Labor Code of the Philippines, as amended, and applicable rules and
19 
regulations issued by DOLE. In case the termination of employment is initiated by the
20 
shipowner, the substantial and procedural aspects of due process shall be observed.
21 
Sec. 57. Rescue of Seafarers On-Board Domestic Ships. -The provisions under
22 
this Act on repatriation, as may be applicable, shall also apply to seafarers working on
23 
domestic ships. Seafarers on board domestic ships shall be entitled to emergency
24 
rescues in cases of war, epidemics, abandonment of ships by shipowners, disasters or
25 
calamities, whether natural or man-made, and other similar events. The Philippine
26 
Coast Guard and MARINA shall undertake and assist in the rescue of seafarers on
27 
board domestic ships.
28 
Sec. 58. Contracting or Subcontracting of Services. - The contracting or
29 
subcontracting of seafarers for work on-board domestic ships shall be governed by
30 
existing rules and regulations issued by the DOLE.
24


1 
CHAPTER XV
2 
MANNING LEVELS AND COMPLIANCE AND ENFORCEMENT
3 
OF SHIPS OF PHILIPPINE REGISTRY
4 
Sec. 59. Manning Levels. -All ships of Philippine registry shaii have the required
5 
minimum manning leveis as prescribed by the Maritime Industry Authority (MARINA).
6 
They shall, at all times, be manned by a crew that is adequate in terms of size and
7 
quaiifications taking into account the need to operate the vessel safely and efficiently.
8 
Sec. 60. Crew Competence. - Every member of the crew of a ship of Philippine
9 
Registry shaii possess, in addition to the required medicai certificate, the appropriate
10 
certificate of competency issued by the relevant government agency/ies, setting forth
11 
his/her competence to serve in the capacity, and perform the functions invoived at
12 
the level of responsibility, for the position held, for the type, tonnage, power, means
13 
of propulsion, and trading patterns of the ships concerned.
14 
The certificate of competency shall attest that the seafarer to whom it is issued
15 
meets the requirements for service, age, quaiification, and examinations for the
16 
position held.
17 
Sec. 61. Compliance and Certification. - All ships of Philippine registry shaii
18 
comply with the provisions of this Act. The shipowner and master shaii ensure the
19 
compiiance of the ship with this Act and its implementing rules and regulations, who
20 
shaii be made principaliy liable for any violation thereof.
21 
For this purpose, a Maritime Labour Certificate or a certificate of compliance,
22 
as applicable, shall be issued in accordance with the impiementing rules and
23 
regulations of this Act.
24 
Sec. 62. Inspection and Enforcement. -
25 
(a) The Secretary of Labor or the appropriate Secretary in-charge of migration-
26 
related matters, or his/her duly authorized representative, shall have the
27 
authority to inspect ail ships of Philippine registry, domestic or ocean-going, to
28 
ensure compliance with labor standards and occupational safety and health as
29 
provided under this Act.
25


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19
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21 
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23
24
25
26
27
28 
29
(b)
The enforcement and compliance monitoring activities may be coordinated and 
conducted by the DOLE with the relevant government agencies, including 
MARINA and PCG, in conjunction with their schedules for inspection and 
certification.
The Secretary of Labor or the appropriate Secretary in-charge of migration- 
related matters, or his/her duly authorized representative shall have the power 
to order immediate correction of, and impose fines for, violations of the relevant 
provisions of this Act.
If the violation or deficiency constitutes a serious breach of the requirement of 
this Act and its implementing rules and regulations or poses an imminent 
danger to the ships, and/or to the life or limbs of the seafarer, the Secretary of 
Labor or the appropriate Secretary in-charge of migration-related matters, or 
his/her duly authorized representative shall coordinate with the PCG to order 
the detention of the ship immediately 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 shali have the 
power to order immediate correction of, and impose fines for, violations of the 
relevant provisions of this Act.
26


1 
The PCG shall prohibit a ship from leaving port upon the order of the Secretary
2 
of Labor or the appropriate Secretary in-charge of migration-related matters,
3 
or in case of finding of non-compliance with the provisions of this Act and the
4 
MLC, 2006 and/or its amendments and the conditions on board are clearly
5 
hazardous to the safety, health, or security of seafarers. In all cases, the
6 
prohibition to leave the port shall be in place until the same have been rectified
7 
or until 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 regulations.
13 
A recognized organization shall have the necessary knowledge of the
14 
requirements of this Act and its implementing rules and regulations, MLC, 2006, and
15 
other relevant international treaties or conventions.
16 
A recognized organization shall also have the necessary and qualified
17 
professional, technical, and support expertise to carry out the conduct of inspection
18 
and issuance of certification.
19 
CHAPTER XVI
20 
SHIPBOARD TRAINING OF CADETS
21 
Sec. 64. Appiicabiiity. -The provisions of Sections 5 to 17 (Seafarers' Rights),
22 
Sections 18 to 19 (Women in the Maritime Industry), Section 22 (Medical Certificate),
23 
Sections 35 to 39 (Accommodation, Recreation Facilities, Food and Catering in Ships),
24 
Section 40 (Medical Care On Board Ships and Ashore), Sections 45 to 47 (Settlement
25 
of Disputes), Sections 48 to 50 (Repatriation) shall apply with respect to the training
26 
of cadets.
27 
Sec. 65. Shipboard Training Agreement for Cadets. -There shall be a written
28 
agreement among the shipowner, the cadet, and the maritime institution or school,
29 
which shall embody the following information, terms, and conditions;
30 
(a) Cadet's full name, date of birth, birthplace, and age, which should be at least
31 
16 years old;
32 
(b) Name and address of maritime institution or school;
27


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(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 
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 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 Tripartite Council (MITC).
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1 
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 higher
12 
education institutions, ensuring that quality maritime education, including
13 
curricula and training programs, are structured and delivered in accordance
14 
with the written programs, methods, and media of delivery, procedures, and
15 
course materials compliant with international standards prescribed under the
16 
STCW Convention and its amendments. For this purpose, CHED shall be in close
17 
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 and
24 
certification to ensure that the working and living conditions of seafarers are
25 
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 agency,
28 
shall take priority action or make representation with the foreign authority
29 
concerned to protect the rights of seafarers and extend immediate assistance,
30 
including the repatriation of distressed or beleaguered seafarers.
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1 
(d) Department of Health (DOH). DOH shall regulate the activities and operations
2 
of all clinics which conduct medical, physical, optical, dental, psychological, and
3 
other similar examinations, hereinafter referred to as health examinations, on
4 
seafarers.
5 
The DOH shall determine and prescribe the nature of the medical examination
6 
that shall be required of a seafarer, ensuring that such examination will
7 
genuinely determine the seafarer's State of health, considering the duties that
8 
he/she shall be required to perform on board. The DOH shall likewise prescribe
9 
the contents of the medical certificate to ensure that such certification will
10 
genuinely reflect the seafarer's state of health.
11 
(e) Philippine Overseas Employment Administration (POEA). POEA shall review and
12 
improve on the working conditions and terms of employment of the officers
13 
and crew of vessels of Philippine registry, and of such officers and crew
14 
members who are Filipino citizens and employed by foreign vessels.
15 
(f) Overseas Workers' Welfare Administration (OWWA). The OWWA, through its
16 
welfare officer or, in his absence, the coordinating officer, shall provide the
17 
seafarers and his/her family all the assistance they may need in the
18 
enforcement of contractual obligations by agencies and/or by their principals.
19 
The OWWA shall likewise formulate and implement welfare programs for
20 
overseas Filipino seafarers and their families while they are abroad and upon
21 
their return. It shall ensure the awareness by the overseas Filipino workers and
22 
their families of these programs and other related governmental programs.
23 
(g) Maritime Industry Authority (MARINA). The MARINA shall ensure that the
24 
examination, licensing, and certification system for seafarers are in accordance
25 
with the requirements prescribed under the STOW Convention, international
26 
agreements, other conventions relevant thereto, and other applicable laws,
27 
rules, and regulations.
28 
(h) National Maritime Polytechnic. The NMP shall strengthen its research capabiiity
29 
to provide studies/resources for evidenced-based policy decision-making and
30 
program development, and continuously address gaps in the protection and
31 
welfare of the seafarers.
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The NMP shall also continue to develop, enhance, and increase the accessibility
2 
of its gender and women empowerment and training courses for seafarers to
3 
the maritime industry, which shall be made available in any format, including
4 
digital and/or e-learning format.
5 
(i) Philippine Coast Guard (PCG). The PCG shall undertake port state control
6 
inspections of vessels calling at any port of the Philippines, in accordance with
7 
international conventions and standards, for the promotion of safety of life and
8 
property at sea, control and prevention of maritime pollution, and verification
9 
of compliance with the minimum standards of training and social condition of
10 
officers and crew on board the ships.
11 
The PCG shall likewise, in line with its function to assist in the enforcement of
12 
applicable laws within the maritime jurisdiction of the Philippines, assist the
13 
DOLE in the enforcement of the rules and regulations issued for the purpose of
14 
implementing the MLC, 2006, including orders to detain vessels found in gross
15 
violation of pertinent laws, rules and regulations.
16 
Unless otherwise provided in this Act, the mandate, power and function of all
17 
existing departments, agencies, and instrumentalities of the government, including
18 
government-owned and controlled corporations, shall remain and continue to be
19 
recognized in accordance with law or order creating them.
20 
Sec. 69. One-Stop Shop Center for OFWs (OSSCO). -There shall be established
21 
in each region a One Stop Shop Center for OFWs, which shall be co-located in the
22 
regional offices of the POEA, and shall have, as far as practicable, representatives
23 
from agencies that process the documents or issue the required licenses, permits and
24 
clearances required of seafarers.
25 
Sec. 70. Registry of Seafarers. -The POEA, for ocean-going ships of foreign
26 
registry, and MARINA, for domestic and ocean-going ships of Philippine registry, shall
27 
maintain a registry of all seafarers in the Philippines; Provided, that the registry of
28 
seafarers aboard ocean-going ships shall be integrated to the management
29 
information system established under the Migrant Workers and Overseas Filipinos Act,
30 
as amended. The registry shall contain updated and relevant information or data to
31 
promote employment opportunities for seafarers, whether on board or ashore, or to
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provide a list of available training and education to support skills development and
2 
competencies of seafarers, as well as a digitalized copy of the duly 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 respective
6 
registries.
7 
Sec. 71. Maritime Occupationai Safety and Heaith 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 Law"
11 
and pertinent maritime conventions and treaties ratified by the Philippines.
12 
CHAPTER XIX
13 
FINAL PROVISIONS
14 
Sec. 72. Administrative Fines and Penaities. - 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. Penaities for Vioiations 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 accordance
26 
with the implementing rules and regulations of this Act.
27 
Sec. 74. Penaities for Vioiations of Sections 69 and 70. - Any person who,
28 
without proper authorization, exercises the authority granted to the Secretary of Labor
29 
and Employment under Sections 69 and 70 of this Act shall be punished with a fine of
30 
not less than Two Hundred Thousand Pesos (Php200,000.00) nor more than Two
31 
Million Pesos (Php2,000,000), or imprisonment of not less than one (1) year nor more
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1 
than four (4) years, or both at the discretion of the court. The foregoing offense shall
2 
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 and
8 
shall not be diminished after the effectivity of this Act.
9 
Sec. 76. Impiementing Ruies and Reguiations. - Within ninety (90) days from
10 
the effectivity of this Act, the DOLE, in coordination with DFA, MARINA, CHED, TESDA,
11 
PCG, POEA, OWWA, and other concerned agencies, and upon consultation with
12 
relevant stakeholders, shall formulate the rules and regulations for the effective
13 
implementation of this Act.
14 
Sec. 77. Separabiiity Ciause. - 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. Repeaiing Ciause. -All laws, presidential decrees, issuances, executive
18 
orders, letters of instruction, rules, and regulations inconsistent with the provisions of
19 
this Act are hereby repealed or modified accordingly.
20 
Sec. 79. Effectivity Ciause. -This Act shall take effect fifteen (15) days after its
21 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,
33