Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

HOUSE BILL NO. 4525

Introduced by TUCP Party-Li

Rep. RAYMOND DEMOCRITO C, M

EXPLANATORY NOTE

The reported 300,000 to 700,000 Filipino seafarers in international ocean-going vessels
around the world, along with their families, is more than enough reason to institutionalize the
Magna Carta of Filipino Seafarers. Since the Maritime Labor Convention (MLC) of 2006 has
been ratified by the Senate of the Philippines, we have reached a consensus among
stakeholders that there is a need to “seal the standards and provisions” for the Filipino
seafarers and their families, and is in fact, long overdue. As the biggest supplier of seafarers
in the world, the Philippines is obliged to pass the bill protecting maritime workers and their
families

As the 30" country to ratify the Maritime Labor Convention of 2006, the Philippines is duty-
bound to pass the Magna Carta of Filipino Seafarers which has been languishing in Congress
since 2012

The Maritime Industry Tripartite Council (MITC) of the Department of Labor and
Employment for its part has provided us the springboard to pass the Law. The MITC
technical working group composed of representatives from labor, employer and government
sectors has already conducted a series of discussions, dialogues and TWGs to arrive at a
common bill that embodies comments and inputs from the maritime stakeholders during the
area-wide advocacy and consultation workshops on the implementation MLC 2006.

This Bill institutionalizes the interests and welfare of Filipino seafarers by recognizing their
rights, instituting mechanisms for the enforcement and protection thereof, providing for
compulsory benefits and implementing the standards set by the MLC 2006

The legally mandated rights of workers as prescribed by our laws and the internationally-
accepted core labor standards are observed and covered in this measure, including the right to
just terms and conditions of work, the right to decent wage, the right to health protection and
medical care onboard ship and ashore, the right to self-organization, the right to collectively
bargain, the right to security of tenure, the right to educational advancement and training at
reasonable and affordable costs, the right to relevant information, the right to consultation,


the right against discrimination, the right to legal representation, and the right to access to
communication,

‘As for the ship-owners, the provisions covering the duties of the seafarers, terms and
condition of work, repatriation, manning requirement, and settlement of disputes, incentives
and awards to be granted to the industry, and the systematic role of concerned government
agencies will be advantageous rather than burdensome and costly. From here we can expect
high quality service that our seafarers will provide for the industry

We have also been informed during deliberations in the past Congresses that the maritime
industry is also prey to alleged exploitation and manipulation by alleged abusive seafarers
who tries to claim more than what is due. And so what better way to curtail such mischievous
rackets but (0 enact into law the MLC 2006. This Bill also sets incentives scheme to the
industry which observes best practices in its labor relations and standards.

Al these initiatives should be complimented with a systematic inter-government agency
efforts to ensure that the laws are properly implemented and that there is no overlapping of
functions and mandates from among all involved agencies

With all the ongoing liberalization of business and trade policies, the increasing number of
Filipino seafarers around the world, and the flourishing economic prospects it brings us, it is
only right and fitting that we give back to the maritime industry workers and that while they
are away, they are confident that their hardwork and toil are not put in vain as their families
enjoy the fruits of their labor back home.

Hence, the enactment of this Bill is earnestly sought.

RAYMOND DEMOCRITO C. MENDOZA.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRE!
First Regular Session

HOUSE BIL) no, 4525.

Introduced by TUCP Party-List Rep. RAYMOND DEMOCRITO C. MENDOZA

AN ACT INSTITUTING THE
MAGNA CARTA OF FILIPINO SEAFARERS

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

CHAPTERI
GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Magna Carta of Filipino
Seafarers.”

SE

>. 2. Declaration of Policies. — It is hereby declared the policy of the State

(a) To recognize the rights, contributions and unique role of Filipino seafarers as
maritime professionals, as well as their vulnerabilities, and afford them full
protection before, during and after their employment;

(b) To maintain and progressively develop a pool of competent and world-class
seafarers through a system of education, training, accreditation and licensing:

(c) To establish mechanisms for the enhancement of administrative, adjudicative,
social as well as welfare services for them and their families;

(d) To enact laws that adopt, and implement the standards set by international
conventions and agreements on working and living conditions, and occupational
safety and health, among others, for seafarers particularly the Maritime Labour
Convention, 2006; and

(e) To recognize shipowners, manning and recruitment entities as vital partners in
promoting the skills and competencies of Filipino seafarers

‘Toward these ends, the State shall endeavor to improve the Filipino seafarers’ working.
conditions, terms of employment, career prospects and provide them opportunities to harness
their potentials to the fullest. The State shall further work to uplift the socio-economic well-
being of the Filipino seafarers’ families


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SEC. 3. Applicability. This Act shall cover Filipino seafarers engaged, employed, or
working in any capacity on board Philippine registered ships operating domestically or
internationally as well as those on board foreign registered ships

This Act shall not cover the following categories of ships:
(a) Warships and naval auxiliaries;
(b) Government ships not engaged in commercial operations;

(c) Ships of traditional build, as may be defined under existing rules and regulations;
and

(d) Fishing vessels,
SEC. 4. Definition of Terms. — As used in this Act

(a) Cader refers to a student of a maritime educational institution who is required to
undergo training on-board registered international ships or domestic ships to
fulfil a maritime academic course;

(b) 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;

(©) International Maritime Convention or International Convention refers to any
written treaty or agreement, or any protocol or amendment thereto, affecting the
maritime industry which has come into force and effect, including the Maritime
Labour Convention, 2006;

(d) License refers to the document issued by the Department of Labor and
Employment (DOLE) authorizing any person or entity to engage in the
recruitment and placement of seafarers;

(c) Manning Recruitment and Placement Agency refers to any Filipino person,
corporation, partnership, company, or other entity engaged in the canvassing,
enlisting, contracting, transporting, utilizing, hiring or procuring whether for
profit or not, of seafarers whether domestic or international;

(f) Maritime Industry Stakeholders refer to all private sector stakeholders, engaged
in the business of owning, managing, chartering or operating domestic and
international ship(s) of Philippine or foreign registry, manning of ships,
management of ports, stevedoring and 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 and
professional associations of seafarers;


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(g) Master refers to a person having command of a ship:

(h) 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 Philippine laws and regulations;

(i) Officer refers to @ 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:

(j) Deck Officer refers to an officer qualified in accordance with Chapter II of the
International Convention on the Standards of ‘Training, Certification and
Watchkeeping for Seafarers (STCW) 1978, as amended;

(k) Engine Officer refers to an officer qualified in accordance with Chapter III of the
International Convention on the Standards of Training, Certification and
Watchkeeping for Seafarers (STCW) 1978, as amended;

(1) Philippine National refers to any individual who is a citizen of the Philippines, ot
a commercial partnership or corporation organized under the laws of the
Philippines, at least 60% of the capital of which is owned by citizens of the
Philippines;

(m)Philippine Seafarers’ One Stop Processing Center (PSOC) refers to the facility
which houses multiple offices or agencies involved in providing services to
seafarers in one roof,

(n) Point of Hire refers to the place where the contract of employment was executed:

(0) 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;

(p) Repatriation refers to the process of returning a seafarer to the point of hire;

(q) Seafaurer refers to a person who is employed or is engaged to work in any
capacity on board a ship to which the Act applies;

(t) Ship ot Vessel refers to any kind, class or type of craft or artificial contrivance
capable of floating in water, whether publicly or privately owned, ordinatily
engaged in commercial activities and offshore operations, except fixed platform;

Going Ship refers to a ship other than those which navigate exclusively
inland water or water within or closely adjacent to sheltered water or areas where
port regulations apply:

(D) Shipowner 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 ot person, such as the manager, agent or bareboat charterer, who has
assumed the responsibility for operation and management of the ship, and who,
on assuming such responsibilities, has agreed to take over all the attendant duties

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and responsibilities of a shipowner under this Act, regardless of whether any
other organization or persons fulfil certain of the duties or responsibilities on
behalf of the shipowner.

CHAPTER II
SEAFARERS’ RIGHTS

SEC.

. Right to Just Terms and Conditions of Work. — Scafarers shall have the right
to:

(a) Safe and secure workplace that complies with safety standards;
(b) Decent working and living conditions on board a ship;

(c) Medical care, welfare measures and other forms of health and social protection;
and

(d) Fair terms and conditions of employment including salary commensurate to their
rank, hours of work, and other relevant basis for wage computation, minimum
number of working hours, rest period consistent with Philippine laws or
international maritime conventions, when applicable.

SEC. 6. Right to Self-organization, to Engage in Collective Bargaining and to
Participate in Democratic Exercises. ~ Seafarers shall enjoy their right to self-organization, to
collective bargaining 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.

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.

No fees or other charges shall be imposed on cadets, interns, apprentices, on-the-job-
trainees or other similar employment status

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 Filipino seafarers toward greater
competitiveness given to new demands in the industry; and

(c) Promote quality maritime education and training that respond to the needs of the
industry and in accordance with minimum international maritime standards of
competeney.

8. Right to Relevant Information. ~ Shipowners, manning agencies, and other
organizations responsible for the recruitment and placement of Filipino seafarers shall be
mandated to provide seafarers relevant information. This right shall include the right of seafarers



organizations to relevant information affecting the terms and conditions of employment of their
members

All ships covered by this Act shall have a copy of the Maritime Labour Convention,
2006 and the grievance procedures available on board

SEC. 9. Right to Consultation. ~ Seafarers, shipowners and legitimate seafarers’ and
shipowners’ organizations, as well as other relevant stakeholders, shall be adequately consulted
before adopting any maritime policy, executive issuance, rule or regulation or in the enactment
of any maritime law that may directly affect them or their families and beneficiaries.

SEC. 10. Right Against Discrimination, - Upon employment, seafarers shall have the
right against discrimination by sole reason of race, sex, religion and political opinion. Career
Opportunities shall be promoted and appropriate working and living conditions shall be
guaranteed equally among male and female seafarers,

SEC. 11. Right to Free Legal Representation, ~ Seafarers who are victims of violations
of the provisions of this Act and who cannot afford the services of a competent and independent
counsel shall have the right to free legal assistance and protection at government's expense
subject to existing rules and regulations.

SEC. 12. Right to Access to Communication, — Seafarers, especially during their free
time or off-duty shall have reasonable access to ship-to-shore telephone communications, and
email and internet facilities, where available,

CHAPTER HT
SEAFARER’S DUTIES

SEC, 13. Seafarers shall have the following duties:

(a) To comply with and observe the terms and conditions of the employment
contract;

(b) To abide by lawful and reasonable company personnel policies;

(c) To be obedient to the lawful commands of the Master or the Master's
lawful successor, and to comply with the shipowner’s/principal’s policy
on safety and operational procedures and instructions given in connection
therewith;

(d) To be diligent in the performance of duties relating to the ship, its stores,
equipment and cargo, whether on board, in transit or ashore;

(c) 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

(1) To take personal responsibility to be healthy at all times by practicing a
healthy lifestyle


CHAPTER IV
MINIMUM REQUIREMENTS FOR SEAFARERS

SEC. 14. 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 those on-board foreign registered ships

SEC. 15. Medical Certificates. — No seafarer shall be employed, engaged, or otherwise
allowed to work on board a domestic or ocean-going ship unless a medical certificate has been
issued declaring the seafarer to be fit for work

‘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 existing rules and
regulations.

The medical certificate shall certify that the person is expected to be able to meet the
minimum requirements for performing the duty specific to the person’s post at sea safely and
effectively during the period of validity of the certificate.

For the purpose of this Section, a medical certificate issued in accordance with the
requirements of STCW shall be accepted.

SEC. 16. Training and Qualifications. — Only seafarers certified by appropriate
government agencies shall work, be employed or be engaged on board a ship.

SEC. 17, Recruitment and Placement. — Only duly licensed manning or placement and
recruitment agency shall be allowed to operate and engage in the recruitment and placement of
seafarers, in accordance with the rules and regulations as may be issued by the Secretary of
Labor and Employment.

No amount or fee shall be charged to the seafarer in the recruitment and placement.
SEC. 18. Contracting or Subcontracting of Services. ~ Contracting or subcontracting
work arrangement involving seafarers on-board domestic ships shall be governed by existing

rules and regulations issued by the Department of Labor and Employment (DOLE).

CHAPTER V
CADETSHIP:

SEC. 19. Applicability. ~ The shipboard training of cadets shall be governed by Sections
5 to12 of Chapter Il; Section12 of Chapter Ill; Section 15 of Chapter LV; Sections 22 to 23 of
Chapter VI; Sections 25 to 27 of Chapter VII; Sections 31 to 35 of Chapter IX; Section 36 of
Chapter X; and Section 42 of Chapter VIV hereof,

SEC, 20, Shipboard Training Agreement for Cadets. — There shall be a written
agreement between the shipowner on one hand, and the cadet and the maritime institution or
school on the other, which shall include the following information and terms:

(a) Cadet’s full name, date of birth, birthplace and age, which should be at least 16
years old;

(b) Name and address of the maritime institution or school;


(c) Name and address of the shipowner, if applicable;

(d) Place and date when the cadet’s agreement is entered into;
(c) Capacity in which the cadet is to be trained;

(0) Amount of the cadet’s allowance or stipend;

(g) Required number of hours of training and rest which would not be less than the
prescribed hours of work and rest in Section 21 of this Act;

(h) Duties and responsibilities of the sponsoring company, Maritime Higher
Education Institutions, 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 law, company policy or agreements.

‘The foregoing agreement shall be in a working language or in English, executed in three
(3) 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 shall also be made available on board the ship.

Maritime Higher Education Institutions (MHEIs) shall demonstrate that over the last
three (3) years, an average of at least sixty percent (60%) of students enrolled in their Bachelor
of Science in Marine Transportation (BSMT) or Bachelor of Science in Marine Engineering
(BSMarE) programs are able to secure cadet berths in connection with their studies, The
Commission on Higher Education (CHED), in coordination with the Maritime Industry
Authority (MARINA), shall ensure that only BSMT or MSMarE programs in MHEls that meet
the above requirement are conferred approved or accredited

CHAPTER VI
TERMS AND CONDITION OF EMPLOYMENT

SEC. 21, Standard Employment Agreement for Seafarers. — There shall be an
agreement in writing between the shipowner and the seafarer, which shall include the following
information and terms

(a) Seafarer’s full name, date of birth or age, and birthplace,

(b) Shipowner’s name and address;

(c) Place where and date when the seafarer’s employment agreement is entered into;

(d) Capacity in which the seafarer is to be employed:

(e) Amount of the seafarer’s salary, and the formula used for calculating the same;

(£) Hours of work and hours of rest;


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(g) Wages and wage-related benefits, which include the following: overtime pay,
holiday pay, premium pay, paid leaves, 13th month pay, if applicable,

(h) Social security and welfare benefi

(i) Stipulation on repatriation or similar undertakings;
(j) Separation pay and retirement pay, if applicable;
(k) Reference to the collective bargaining agreement, if applicable,
(1) Other benefits in accordance with aw, company policy or agreements
The foregoing employment agreement shall be in a working language or in English,
executed in three (3) original copies before the commencement of the employment. The

shipowner and the seafarer shall each have a signed original of the agreement. A signed original
shall be made available on-board the ship.

For seafarers on-board foreign registered ships, the Philippine Overseas Employment
Administration - Standard Employment Contract (POEA-SEC) approved by the DOLE shall be
observed.

When there is a collective bargaining agreement, a copy thereof must be maintained on-
board the ship and readily accessible to the seafarers.

SEC. 22. Wages. ~ Upon effectivity of this Act, the Regional Tripartite Wages and
Productivity Boards shall set the minimum wage rates of the seafarers on board ships engaged in
domestic shipping, taking into account the peculiarities of the employment arrangement of
seafarers and the criteria as determined pursuant to Republic Act No. 6727, otherwise known as
“Wage Rationalization Act”; Provided, that wages for actual work hours and days shall not be
lower than the applicable minimum wage rates in the domicile or head office of the employer.
Wages shall be paid at least once every two (2) weeks or twice (2) a month at intervals not
exceeding sixteen (16) days.

Trainees, probationary crew members and other similar employment status shall be
rendered full minimum wage in accordance with the service rendered,

adets, on-the-job trainees and other similar employment status shall be accorded
stipend or allowance not less than 50% of the existing minimum wage of regular seafarers

SEC. 23. Hours of Work and Hours of Rest. ~The normal hours of work of seafarer
shall not exceed eight (8) hours a day. If the seafarer is allowed 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 7-day period.

The minimum hours of rest for every seafarer shall not be less than ten (10) hours. Hours
of rest may be divided into no more than two (2) periods, one of which shall be at least six (6)
hours in length, and the interval between consecutive periods of rest shall not exceed fourteen
(14) hours

In exceptional cases, seafarers in watehkeeping duties may be required to work beyond
fourteen (14) hours provided that the rest period is not less than seventy (70) hours in any 7-day
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period, This exception shall not be allowed for more than two (2) consecutive weeks. ‘The
intervals between two (2) periods of exceptions shall not be less than twice the duration of the
exception,

SEC. 24, Paid Annual Leave. ~ Whenever applicable, the seafarers shall be paid an
annual leave to be calculated on the basis of a minimum of 2.5 calendar days per month of
employment

For ships licensed to engage in domestic shipping, the rules found in Book Three
Chapter III, on “Holidays’, Service Incentives Leave and Service Charges” of the Labor Code of
the Philippines shall continue to apply and shall be considered as substantially complying with
international standards unless higher annual leave is already provided under the Collective
Bargaining Agreement or by the shipowner as company practice or policy.

CHAPTER VIL
REPATRIATION

SEC. 25. Seafarers Shall Be Entitled to Repatriation. All costs related to the
repatriation or transport of the personal effects of a seafarer shall be borne by or charged to the
shipowner and the manning agency concerned. The expenses of repatriation shall include the
transportation charges, pay and allowances from the moment the seafarers leave the ship until
they reach the repatriation destination, the accommodation and the food of the seafarer during
the journey and transportation of thirty kilograms (30 kgs) of the seafarers” personal luggage to
the repatriation destination. The primary responsibility to repatriate entails the obligation on the
part of the shipowner or agency to advance the repatriation and other attendant costs, including
plane fare, deployment cost of the principal and immigration fines and penalties, to immediately
repatriate the seafarer should the need for it arise, without a prior determination of the cause of
the termination of the seafarer’s employment. However, after the worker has returned to the
country, the shipowner or agency may recover the cost of repatriation from the seafarer if the
termination of the employment was due solely to the seafarer’s fault,

SEC. 26. Emergency Repatriation for Seafarers On-board Foreign Registered Ships.
~ The Overseas Workers Welfare Administration (OWWA), in coordination with the
Department of Foreign Affairs (DFA) and in appropriate situations, with international agencies,
shall undertake the repatriation of seafarers in cases of war, epidemics, abandonment of ships by
shipowners, disasters or calamities, natural or man-made, and other similar events without
prejudice to reimbursement by the responsible shipowner or manning/recruitment and placement
agency within sixty days of notice, In such case, the POFA shall simultaneously identify and
give notice to the shipowner or agency concerned

DFA shall take the lead in the repatriation of the affected seafarers in areas where there
are no Philippine Overseas Labor Offices (POLO) present.

SEC. 27. Repatriation for Seafarers On-board Domestic Ships. ~ The provisions on
repatriation shall also apply to seafarers working on domestic ships. Seafarers on-board
domestic ships shall be entitled to emergency repatriation in cases of war, epidemics,
abandonment of ships by shipowners, disasters or calamities, natural or man-made, and other
similar events,


CHAPTER VIIT
MANNING REQUIREMENT

SEC. 28, Manning Levels. ~ All ships of Philippine registry shall have the required
minimum manning levels in accordance with the requirements prescribed by MARINA.

Every ship shall 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.

EC, 29. Crew Competence, ~The crew members of a ship of Philippine Registry shall
possess the appropriate certificate of competency, which sets forth their competence to serve and
perform the functions involved at the level of responsibility, 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 to the fact that the seafarer to whom it is issued
meets the requirements for service, age, qualification, and examinations for the position held,

SEC. 30, Registry of Seafarers. — To better respond to the manning requirements of
ocean-going ships of foreign registry, and domestic and ocean-going ships of Philippine registry
the POEA and MARINA, respectively, shall maintain a registry of all seafarers in the
Philippines, The registry shall contain the relevant information or data to promote employment
opportunities for seafarers whether on board or ashore, or allow for further training and
education to support skills development and competencies of seafarers in order to secure or
improve employment opportunities as may be provided in the Implementing Rules and
Regulations

CHAPTER IX
ACCOMMODATION, RECREATIONAL FACILITIES, FOOD AND CATERING

SEC. 31, Application. — The requirements of this Chapter for crew accommodation and
recreational facilities 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 Maritime Labor Convention of 2006 comes into force;

(b) All second-hand ships, whether ocean-going or domestic, acquired or leased, and
entered in the Philippine Registry after the entry date into force of the said
Convention unless provided exemption by the relevant Philippine government
agency; and

(c) All ships constructed prior to the entry into force of the Maritime Labor
Convention, 2006 which have undergone major or substantial structural
alterations after the entry into force of the Convention, unless. provided
exemption by the relevant Philippine government agency,

SEC. 32. Accommodation Facilities. ~ Unless otherwise exempted herein or by
appropriate regulations, all ships of Philippine registry shall have safe, decent and adequate
accommodations for seafarers taking into account the need to protect the health and safety of
seafarers working or living on board

SEC. 33. Requirements for Sanitation. — All ships of Philippine registry shall have
sanitation facilities that meet the minimum standards for health and hygiene and are accessible

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to seafarers on board, The sanitation facilities shall be located at convenient places, allowing for
easy access to work stations, Separate facilities shall be provided for male and female crew.

SEC. 34. Recreational Facilities. — Unless otherwise exempted herein or by appropriate
regulations, all ships of Philippine registry shall have recreational facilities, amenities, and
services that are appropriate and accessible to seafarers.

Domestic ships are exempted from this requirement considering the trading patterns and
length of voyages of such ship which allow the crew to go home or to have access and make use
of comparable facilities on land

SEC. 35. Food and Catering. ~ ‘The shipowner shall ensure the protection and
promotion of health of seafarers, Whenever applicable, shipowners shall ensure that ships serve
free food and drinking water of appropriate quality, quantity and nutritional value that
adequately cover the requirements of the ship and take into consideration the differing cultural
and religious backgrounds of seafarers. All foods and drinks and the preparation thercof shall be
in accordance with the standards of the Sanitation Code of the Philippines and pertinent laws
rules and regulations.

CHAPTER X
HEALTH PROTECTION AND MEDICAL CARE

SEC. 36, Medical Care On-board Ships and Ashore. — The shipowner shall provide
adequate equipment, paraphernalia and medical supplies, including medicines on board, and
shall ensure access to shore facilities for the health of seafarers, as well as the corresponding
medical or trained personne! who shall provide first-aid and medical care pursuant to the
Maritime Occupational Safety and Health Standards and other pertinent Jaws, rules and
regulations

The shipowner shall ensure that seafarers have access to treatment for sickness or injury
hospitalization and dental treatment.

The seafarer shall have the right to consult a qualified physician or dentist without delay
in ports of call, where practicable

CHAPTER XI
WELFARE AND SOCIAL SECURITY PROTECTION

SEC. 37. Social Welfare Benefits. - Without prejudice to established policy, collective
bargaining agreement or other applicable social agreement, all seafarers shall be covered by the
Social Security System, Employees’ Compensation and State Insurance Fund, Philhealth, Pag-
IBIG Fund and other applicable laws.

CHAPTER XII
COMPLIANCE AND ENFORCEME!

SEC. 38. Compliance and Certification. — All ships of Philippine registry shall comply
with the provisions of this Act, The shipowner or master shall ensure the compliance of the ship
with this Act and its implementing rules and regulations.

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The shipowner and master, as acting shipowner’s representative, shall be made
principally liable for any violation of the provisions of this Act and its implementing rules and
regulations.

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, DOLE,
DFA and MARINA, in consultation with shipowners and seafarers’ organizations, shall
formulate the said implementing rules and regulations.

SEC. 39 Inspection and Enforcement, — For purposes of this Act, the Secretary of
Labor or duly authorized representative, shall have the sole and exclusive authority to inspect all
Philippine ships, domestic or ocean-going to ensure compliance with the provisions of this Act

The Secretary of Labor and Employment may authorize other government agencies or
duly recognized organizations to conduct inspection and issue certification in accordance with
the provisions of this Act and its implementing rules and regulations,

Unless directly exercised by the Secretary of Labor and Employment, the duly
authorized representative shall have the power to board ships and carry out any examination, test
or inquiry which they may consider necessary in order to satisfy themselves that the standards
are strictly observed

‘The Secretary of Labor and Employment or the duly authorized representative shall have
the power to order immediate correction of, and impose fine for violations of the provisions of
this Act.

If the violation or deficiency constitutes serious breach of the requirement of this Act and
its implementing rules and regulations or poses imminent danger to the ships or to the life or
limb of the seafarer, the Secretary of Labor or the duly authorized representative may order the
detention of the ship immediately until the violation or deficiency is corrected

SEC. 40. Recognized Organization. — Recognized organizations may be authorized by
the Secretary of Labor to conduct inspection and issue certification in accordance with the
provisions of this Act and its implementing rules and regulations

‘A recognized organization shall have the necessary knowledge of the requirements of
this Act and its implementing rules and regulations, Maritime Labour Certificate, 2006 and other
relevant international treaty or convention.

A recognized organization shall also have the necessary and qualified professional,
technical and support expertise to carry out the conduct of inspection and issuance of
certification.

CHAPTER XU
TERMINATION OF EMPLOYMENT

SEC, 41. Termination of Employment,

(a) The employment of Filipino seafarers on board Philippine-registered ships
operating internationally as well as those on board foreign-registered ships shall
cease when the seafarers complete their period of contractual service aboard the
ship, sign-off from the ship and arrive at the point of hire.

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‘The employment is also terminated effective upon arrival at the point of hire 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: (1) fit for repatriation; or (2) fit to work, but the
employer is unable to find employment for the seafarer onboard the former
ship or another ship of the employer;

(2) When the seafarer signs-off due to ship’s sale, lay-up of ship, discontinuance
of voyage or change of ship principal, as provided for in the POEA Standard
Employment Contract;

(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
IRR of this Act; or

(4) When the seafarer is discharged for just causes in accordance with the
provisions of the POEA Standard Employment Contract

(b) 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, on
domestic shipping,

(c) The termination of employment of a seafarer on board a foreign vessel or foreign
registered ships shall be governed by the POEA SEC or applicable collective
bargaining agreement (CBA),

CHAPTER XIV
SETTLEMENT OF DISPUTES

SEC. 42, On-board and Onshore Grievance Machinery. — All ships of Philippine
registry shall have a fair, effective and expeditious on-board and on-shore grievance machinery
at no cost to the seafarer in accordance with the implementing rules and regulations of this Act.

In cases where a seafarer is a member of a legitimate trade union organization, any
grievance shall, as a condition precedent to conciliation-mediation, undergo the grievance
machinery with the involvement of the union as established in the CBA. Without prejudice to
any existing law, any agreement reached by the parties during grievance machinery shall be final
and binding

SEC. 43, Mandatory Conciliation-Mediation and Arbitration, ~ Seafarers, whether
engaged, employed or working on-board ships of Philippine registry or other registries, shall
avail of the conciliation-mediation services of the DOLE pursuant to Republic Act 10396 and its
Implementing Rules and Regulations, by filing a request for assistance before the conciliation-
mediation desks at the Regional/Field/Provincial Offices of the DOLE or its attached agencies

In case of failure of conciliation-mediation in cases where seafarers are covered by CBA,
the case shall be submitted for Voluntary Arbitration in accordance with Articles 261 and 262 of
the Labor Code, as amended, In cases where seafarers are not covered by the CBA, the
shall have the option to submit the case to Compulsory Arbitration or Voluntary Arbitration

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CHAPTER XV
REINTEGRATION FOR OVERSEAS FILIPINO §

VAFARERS

° 44, Reintegration, — Returning or unemployed overseas Filipino seafarers may
avail of the livelihood development, training programs and placements services offered by
concerned government agencies, including Overseas Workers Welfare Administration
(OWWA), Technical Education and Skills Development Authority (TESDA), Technical and
Livelihood Resource Center (TLRC), Cooperative Development Authority (CDA), National
Maritime Polytechnic (NMP) and CHED,

These agencies shall formulate skills upgrading or retraining curricula to meet the needs
of returning or unemployed seafarers, The participation of the maritime industry, in particular,
port and shipping industry, and maritime educational institutions shall be likewise solicited by
the DOLE in devising the appropriate retraining and local job placement programs for
unemployed seafarers.

The National Reintegr: n Center for OFWs (NRCO) shall attend to the needs of
returning ers. The Center shall provide a mechanism for their reintegration into the
Philippine society, serve as a promotion house for their local employment, and tap their skills
and potentials for national development.

CHAPTER XVI
NTIVES AND AWARDS GRANTED TO THE MARITIME INDUSTRY

BC. 45 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 in consultation with the Maritime Industry Tripartite Council
(MITC),

Under such rules and regulations that may be promulgated, deserving shipowners
seafarers, manning and other organizations or entities shall be commended or awarded for their
outstanding performance in upholding the rights of seafarers and complying with this Act.

CHAPTER XVII
GOVERNMENT AGENCIES

SEC. 46. Role of Government Agencies. ~The following government agencies shall
perform the following functions to promote the welfare and protect the rights of Filipino
seafarers:

(a) Department of Labor and Employment (DOLE) - The DOLE shall exercise exclusive
jurisdiction implementing provisions of this Act and ensure that the standards set
forth under this Act, Presidential Decree No. 442, as amended, and other laws, the
Maritime Labour Convention 2006 and other international treaties and conventions to
which the Philippines is a signatory are faithfully complied with and fairly applied to
Filipino seafarers;

determine and set appropriate benchmarks consistent with
Act and other applicable laws on employment conditions and
other labor standards and regulations;

the MLC 2006, this

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1 To this end, the DOLE shall establish an effective system for the inspection and
2 certification to ensure that the working and living conditions of seafarers are met and
3 continue to be met pursuant to the Maritime Labour Convention 2006,
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5 (b) Department of Foreign Affairs (DPA) - The DFA, through its home offices or foreign
6 posts, shall give paramount importance to the safety and well-being of Filipino
7 seafarers, by providing adequate and timely intervention and assistance, such as
8 representing their interests with foreign authorities concerned and facilitating their
9 repatriation when they are distressed or beleaguered;
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it (c) Department of Health (DOH) - The DOH shall regulate the activities and operations
2 of all clinics which conduct medical, physical, optical, dental, psychological and
2B other similar examinations, hereinafier referred to as health examinations, on Filipino
4 seafarers,
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16 The DOH shall determine and prescribe the nature of the medical examination that
7 shall be required of a seafarer, ensuring that such examination will genuinely
18 determine the seafarer’s state of health, considering the duties that the seafarer shall
19 be required to perform on board. The DOH shall likewise prescribe the contents of
20 the medical certificate to ensure that such certification will genuinely reflect the
21 seafarer’s state of health,
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23 (d) Philippine Overseas Employment Administration (POEA) - The POEA shall look
24 into and improve on the working conditions and terms of employment of the officers
25 and crew of vessels of Philippine registry, and of such officers and crew members
26 who are Filipino citizens and employed by foreign vessels;
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28 (e) Overseas Workers Welfare Administration (OWWA) - The owwa, through its
29 welfare officers or coordinating officers, shall provide the Filipino seafarers and their
30 families all the assistance they may need in the enforcement of contractual
31 obligations by agencies and their principals.
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33 The OWWA shall likewise formulate and implement welfare programs for overseas
34 Filipino seafarers and their families while they are abroad and upon their return. It
35 shall ensure the awareness by the overseas Filipino workers and their families of
36 these programs and other related governmental programs.
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38 (1) Commission on Higher Education (CHED) ~ The CHED shall ensure that all
39 maritime education including the curricula and training programs are structured and
40 delivered in accordance with the written programs, methods and media of delivery,
at procedures and course materials compliant with international standards as prescribed
42 under the STCW Convention,
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44 (g) Philippine Regulatory Commission (PRC) ~ The PRC shall be solely responsible for
45 the administration of professional licensure examinations and the issuance of
46 professional licensing for the seafarers, repealing Executive Order No, 75 and
47 Republic Act No. 10635,
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49 (h) Maritime Industry Authority (MARINA) ~ The MARINA shall continue its role to
50 integrate the development, promotion and regulation of the maritime industry, as
51 provided in Presidential Decree No. 74, Executive Order No. 546, Executive Order
52 No. 1011, and Republic Act No. 9295.

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(i) Philippine Coast Guard (PCG) - The PCG, in line with its function to assist in the
enforcement of applicable laws within the maritime jurisdiction of the Philippines
shall assist the DOLE in the enforcement of Department Orders and other issuances.
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 or instrumentalities of the government, including government-owned and
controlled corporations, shall remain and continue to be recognized in accordance with the law
or order creating them

SEC. 47. Philippine Seafarer One Stop Processing C enter (PSOC). ~The PSOC, as
established under Administrative Order No, 56, has been tasked to operationalize and make
available to the public, an integrated document processing center for the seafarers and the
general public to conduct official transactions. The agencies that are mandated to provide
services in the PSOC are as follows:

(a) Department of Foreign Affairs (DFA);

(b) Overseas Workers Welfare Administration (OWWA);

(c) Philippine Overseas Employment Administration (PORA);
(d) National Bureau of Investigation (NBI); and

(c) Philippine Statistics Authority (PSA).

CHAPTER XVIII
FINAL PROVISIONS

SEC. 48. Administrative Fines and Penalties, — Any shipowner, master, their
representative or other person who fails or refuses to present employment records, such as
payrolls, daily time records, payslip or other documents, when required by the Secretary of
Labor, or the duly authorized representative of the Secretary of Labor, or the duly authorized
representative of a recognized organization, shall be subjected to administrative fines and
penalties in accordance with the Implementing Rules and Regulations (IRR).

SEC. 49, Penalties for Violations of Sections 38 and 39. — Any person who, without
proper delegation, exercises the authority granted to the Secretary of Labor under Sections 38
and 39 of this Act, shall be punished with a fine of not less than One hundred thousand pesos
(P100,000,00) nor more than Four hundred thousand pesos (P400,000.00), or imprisonment of
not less than one (1) year nor more than four (4) years, or both at the discretion of the court. The
offense provided herein shall prescribe after five (5) years from its commission,

SEC, 50, Transitory Provision. ~ All rights, privileges and benefits previously enjoyed
by Filipino seafarers before the effectivity of this Act, including those set forth in Presidential
Decree No. 442, otherwise known as the Labor Code of the Philippines, as amended, and
Republic Act No, 8042, otherwise known as the “Migrant Workers and Overseas Filipinos Act
of 1995,” as amended, shall continue to be recognized and shall not be diminished.

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s « Implementing Rules and Regulations. ~ The DOLE, in coordination with the
DFA, MARINA and other concerned agencies shall formulate the rules and regulations of this
Act within ninety (90) days after its effectivity.

SEC. 52. Separability Clause. — If, for any reason, any section, clause or term of this
Act is held to be illegal, invalid, or unconstitutional, such parts not affected by such declaration
shall remain in full force and effect

Repealing Clause. ~ All laws, presidential decrees, issuances, executive
orders, letters of instruction, rules or regulations inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 54, Effectivity. — This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or ina newspaper of general circulation

Approved,

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