EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
Second Regular Session
SENATE 
S. B. NO. 1745
FILED
BlLtG
NDbX
Introduced by SENATOR JOEL VILLANUEVA
AN ACT
INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS
EXPLANATORY NOTE
Article XIII, Section 3 of the 1987 Philippine Constitution provides that the State 
shall afford full protection to labor, local, and overseas. One category of these 
overseas workers are the seafarers whose numbers have steadily increased 
throughout the years.
In fact, the Philippines is known to be one of the largest supplier of seafarers in 
the world,1 and the seafarers’ contribution to the Philippine economy is undeniable 
with their remittances. According to the Bangko Sentral ng Pilipinas (BSP), Filipino 
seafarers have remitted over USD6.53 billion in 20192 alone. Despite their significant 
contributions, however, they are often overshadowed by the country’s land-based 
overseas workers.
In addition, the country’s current laws protecting migrant workers, particularly 
Republic Act No. 8042, as amended, also known as the Overseas Filipinos and 
Migrant Workers Act, do not adequately address the needs of seafarers, especially 
considering the peculiar circumstances that they are facing while working aboard 
ocean-going ships. For example, Filipino seafarers face the risk of abuse, exploitation 
and contract violations by their employers in the open seas with limited access to 
welfare services from Philippine embassies abroad.
1 Global Supply and Demand for Seafarers. International Chamber of Shipping.
2 
Overseas Filipinos’ Cash Remittances. Bangko ng Sentral 
http://www.bsp.gov.ph/statistics/keystat/ofw2.htm (Date last accessed: July 26, 2020).
ng
Pilipinas. Available at


Thus, there is a need to prioritize and promote the welfare and the protection 
of the rights of Filipino seafarers. This bill, among others, seeks to establish the rights 
of seafarers; enumerate the duties of employers, seafarers and government agencies; 
and setting minimum standards for the training, accommodation, work facilities, 
education, repatriation, occupational safety and health of seafarers.
This bill also mandates the Philippine Overseas Employment Administration 
and the Maritime Industry Authority to maintain a registry of seafarers. On the other 
hand, the Department of Labor and Employment is mandated to formulate the Maritime 
Occupational Safety and Health Standards (MOSHS) pursuant to the provisions of Republic 
Act No. 11058, otherwise known as the “Occupational Safety and Health Law” and pertinent 
maritime conventions and treaties ratified by the Philippines.
During the celebration of the 2020 Day of the Seafarers in June, the 
International Maritime Organization (IMO) called on the Member States “to recognize 
seafarers as key workers - and to provide them with the support, assistance and travel 
options open to all key workers during the pandemic.”3
This bill is an answer to IMO’s call.
In view of the foregoing, the immediate approval of this bill is highly 
recommended.
OEL VILLANUEVA
SENATi
s UN Day of the Seafarer highlights sacrifice of key workers at sea during pandemic. International Maritime Organization. 
Available at http;//www.imo.org/en/MediaCentre/PressBriefings/Pages/20-DOTS-2020.aspx (date last accessed: July 27, 2020).


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
Second Regular Session
SENATE 
S. B. NO. 1745
FILED
DATC
TIME¥
BILtG
NDEX
Introduced by SENATOR JOEL VILLANUEVA
AN ACT INSTITUTING THE MAGNA CARTA OF FILIPINO
SEAFARERS
Be it enacted by the Senate and House of Representatives of the Phiiippines in 
Congress assembied:
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CHAPTER I
DECLARATION OF POLICY
SECTION 1. Short Title. - This Act shall be known as the “Magna Carta of Filipino
Seafarers.”
SEC. 2. Declaration of Policies. - It is hereby declared the policy of the State:
(a) 
To recognize the rights, contributions and unique role of Filipino seafarers as 
essential maritime professionals and 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, and 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


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(e) To recognize ship owners, and recruitment and placement entities as vital 
partners in promoting the skills, competencies and rights and welfare of Filipino 
seafarers.
Toward these ends, the State shall endeavor to improve the Filipino seafarers’ 
working conditions, terms and conditions of employment and career prospects and 
provide them opportunities to harness their potentials to the fullest. The State shall 
uplift the socio-economic well-being of the Filipino seafarers’ families.
CHAPTER II
GENERAL PROVISIONS 
SEC. 3. Coverage. - This Act shall cover:
(a) 
All Filipino seafarers engaged, employed, or working in any capacity, on-board 
Philippine or foreign-registered ships, except those engaged, employed or 
working in the following categories of ships:
(1) 
Warships and naval auxiliaries:
(2) 
Government ships not engaged in commercial operations;
(3) 
Ships of traditional built, as may be defined under existing rules and 
regulations; and
(4) 
Fishing vessels as may be defined by appropriate rules and regulations to 
be issued by the Department of Labor and Employment (DOLE) in 
consultation with relevant stakeholders.
(b) 
All Filipino seafarers on-board Philippine registered domestic ships shall be 
covered primarily by equivalent provisions of the Labor Code of the Philippines, 
as amended, and related social and welfare benefits law. For this purpose, the 
DOLE shall issue the appropriate rules and regulations to govern the 
employment of domestic seafarers.
SEC. 4. Definition of Terms. - As used in this Act, the following terms shall have the 
following meaning:
(a) 
Cadet refers to the student of maritime educational institutions who is required 
to undergo training on-board registered international or domestic ships to fulfil a 
maritime academic course, maritime degree or certification requirement;
(b) 
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, 1978 (STCW, 1978), as amended;
(c) 
Domestic Shipping refers to the transport of passenger or cargo or both by 
ships duly registered and licensed under Philippine law to engage in trade and 
commerce between Philippine ports and within Philippine territorial or internal 
waters for hire or compensation with general or limited clientele, whether


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permanent, occasional or incidental with or without fixed routes and done for 
contractual or commercial purposes;
(d) 
Engine Officer refers to an officer qualified in accordance with Chapter III of the 
International Convention on the STCW, 1978 as amended;
(e) 
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 Maritime 
Labour Convention, 2006;
(f) 
Maritime industry Stakehoiders refer to all private sector stakeholders, 
engaged in the business of owning, managing, chartering or operating domestic 
and international ship(s) of Philippine or foreign registry, manning of ships, 
management of ports, stevedoring and 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;
(g) 
Maritime Labor Certificate refers to the document that certifies that the working 
and living conditions of the seafarers on the ship have been inspected and are 
compliant with the requirements of Philippine laws and regulations;
(h) 
Maritime Labour Convention, 2006, or MLC, 2006 refers to the consolidated 
Maritime Labor Convention approved by the International Labor Organization 
(ILO) in 2006 and ratified by the Philippines on August 20,2012;
(i) 
Master refers to a person having command of a ship and acts as the shipowners’ 
representative;
G) Officer refers to a member of the crew other than the master who has been 
designated as such by national law or regulation or, in the absence of such 
designation, by collective agreement or custom;
(k) One-Stop Service Center for OFWs refers to the one-stop centers in various 
parts of the country where government frontline services are made accessible to 
Overseas Filipino Workers (OFWs), including seafarers. Agencies at these 
centers shall include the Department of Labor and Employment (DOLE), 
Department of Foreign Affairs (DFA), Philippine Overseas Employment 
Administration (POEA), Overseas Workers Welfare Administration (OVWVA), 
Technical Education and Skills Development Authority (TESDA), Professional 
Regulation Commission (PRC), Maritime Industry Authority (MARINA), Home 
Development Mutual Fund (HDMF), Philippine Health Insurance Corporation 
(PhilHealth), Social Security System (SSS), Philippine Statistics Authority (PSA), 
Bureau of Immigration (Bl), National Bureau of Immigration (NBI), Commission 
on Higher Education (CHED), Philippine National Police (PNP), and Bureau of 
Internal Revenue (BIR);


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(l) 
Point of Hire refers to the place indicated in the contract of empioyment, and 
which shall be the basis in determining the commencement and termination of 
the contract:
(m) 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;
(n) 
Repatriation refers to the process of returning a seafarer to the point of hire;
(o) 
Seafarer refers to any person who is employed or is engaged to work in any 
capacity on board a ship covered under this Act;
(p) 
Sea-Going Ship refers to a ship other than those which navigate exclusively in 
inland water or in water within or closely adjacent to sheltered water, or areas 
where port regulations apply;
(q) 
Ship or Vessei refers to any kind, class or type of craft or artificial contrivance 
capabie of floating in water, whether publicly or privately owned, ordinarily 
engaged in commercial activities and offshore operations, except fixed platform;
(r) 
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 or person, such as the manager, agent or bareboat charterer, who 
has assumed the responsibiiity for operation and management of the ship, 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: and
(s) 
Maritime Accident refers to any unforeseen occurrence or physical event 
connected to the navigation, operations, maneuvering or handling of ships, or 
the machinery, equipment, material, or cargo on board such ships which may 
result in the detention of seafarers.
CHAPTER III 
SEAFARER’S RIGHTS
SEC. 5. Right to Just Terms and Conditions of Work. - Seafarers shall have the
right to:
(a) 
A safe and secure workplace that complies with safety standards;
(b) 
Decent working and living conditions on-board a ship;
(c) 
Medical care and confirmatory tests, 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, paid sick leave or sickness benefits, minimum number of


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working hours and rest periods consistent with Philippine laws or international 
maritime conventions.
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 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.
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 the 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 
competency.
In addition, any fee or other charges imposed on cadets, interns, apprentices, 
on-the-job trainees or other persons similarly situated shall be charged to maritime 
institutions.
SEC. 8. Right to Information. - Shipowners, manning agencies, and other 
organizations responsible for the recruitment and placement of Filipino 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 laws and regulations of countries 
covered by their sojourn. In addition, the seafarers must, at all times, be furnished a 
copy of the results of medical examination conducted on him/her. This right shall also 
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, the grievance procedures available on-board and when there is a 
collective bargaining agreement, a copy of such agreement which shall be readily 
accessible to the seafarers.
SEC. 9. Right to Consultation. - Seafarers, shipowners and legitimate seafarers’ 
and shipowners’ organizations, as well as other maritime stakeholders, shall be 
adequately consulted before adopting any maritime policy, executive issuance, rules 
or regulations or in the enactment of any maritime law that may directly affect the 
seafarers and/or their families and beneficiaries.


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SEC. 10. Right Against Discrimination. - Upon employment, seafarers shall have 
the right to be protected from discrimination on the sole basis of race, age, sex, religion 
or 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 Legai Representation. - Seafarers whose rights, as 
guaranteed under this Act, or whose contracts have been violated, who cannot afford 
the services of a competent and independent counsei, 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 when they are not on duty shall have reasonable access to ship-to-shore 
telephone communications, email and internet facilities, where available.
SEC. 13. Right to Record of Empioyment or Certificate of Empioyment. - At the 
expiration of the employment contract of the seafarer, he/she shall have the right to 
be given a record of his/her employment on board the ship, or a certificate of 
employment, specifying the length of service, the position the seafarer occupied, and 
such other relevant information.
SEC. 14. Right to Fair Treatment in the Event of a Maritime Accident. - In the 
event of a maritime accident, seafarers shall be treated fairly and shall be entitled to 
all the rights under the ILO/IMO 2006 Guidelines on Fair Treatment of Seafarers in the 
Event of a Maritime Accident, Annex to IMO Resolution A. 1056 (27) of November 30, 
2011.
CHAPTER iV 
SEAFARER’S DUTIES
SEC. 15. Duties of a Seafarer. - 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 any persons who shall 
lawfully succeed him/her, and to comply with the relevant policies on safety and 
operational procedures and instructions on board the ship or while ashore;
(d) 
To be diligent in the performance of duties relating to the ship, its stores, 
equipment and cargo, whether on board, in transit or ashore;
(e) 
To be, at ali times, orderly and respectful to the shipmates, passengers, shippers, 
stevedores, port authorities, and other persons who have official business with 
the ship; and
(f) 
To be personally responsible for maintaining a healthy lifestyle.


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CHAPTER V
MINIMUM REQUIREMENTS FOR SEAFARERS
SEC. 16. 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 
and foreign-registered ships.
SEC. 17. Medical Certificates. - No seafarer shall be employed, engaged, or 
otherwise allowed to work on board a domestic or ocean-going ship unless a medical 
certificate has been issued declaring the seafarer to be fit to work.
For this purpose, the seafarer shall hold a valid medical certificate issued by a 
medical facility duly accredited by the Department of Health (DOH) in accordance with 
its existing rules and regulations.
The medical certificate shall certify that the person is expected to be able to meet 
the minimum requirements to perform the duty specific to the person’s post at sea 
safely and effectively during the validity of the certificate.
During the course of the medical examination, the seafarer shall have the 
responsibility of answering truthfully all questions relating to his/her medical condition 
and/or medical history, including previous known iilness, injury, or medical treatment, 
and to make a complete inventory of medication prescribed to him/her by physicians.
For the purposes of this Section, a medical certificate issued in accordance with 
the requirements of STCW shall be accepted.
SEC. 18. Training and Quaiifications. - Only seafarers certified by appropriate 
government agencies shall work, be employed or be engaged on-board a ship.
SEC. 19. 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 rules and regulations as may be issued by 
the Secretary of Labor and Employment.
In all cases, no amount or fee shall be charged to the seafarer in the recruitment 
and placement.
CHAPTER VI
TERMS AND CONDITIONS OF EMPLOYMENT
SEC. 20. Standard Employment Contract for Seafarers. - There shall be an 
agreement in writing between the shipowner and the seafarer, which shall include, but 
not be limited to, the following information and terms:
(a) 
Seafarer’s full name, date of birth, age, birthplace and address;
(b) 
Seafarer’s Record Book Number and Seafarer’s Identity Document Number;
(c) 
Shipowner’s name and address;


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(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) 
Hours of work and hours of rest;
(j) 
Wages and wage-related benefits, which shall include overtime pay, holiday pay, 
vacation leave pay, premium pay, paid leaves, 13th month pay, if applicable;
(k) 
Social security and welfare benefits;
(l) 
Stipulation on repatriation or similar undertakings;
(m) Separation pay and retirement pay, if applicable;
(n) 
Reference to the collective bargaining agreement, if applicable; and
(o) 
Other benefits in accordance with law, company policy or agreements.
The employment agreement shall be in a working language or in the English 
language, executed in four (4) original copies before the commencement of the 
employment. The shipowner and the seafarer shall each have a signed original of the 
agreement. A signed original shall be made available on-board the ship.
For ocean-going Philippine-registered ships or foreign-registered ships, the 
POEA shall issue a Standard Employment Contract (SEC), as approved by the DOLE, 
containing the minimum standards to be observed in the employment of Filipino 
seafarers. The SEC shall be reviewed and updated regularly and must, at all times, 
be consistent with the Maritime Labour Convention and other existing treaties and 
conventions governing seafarers, which the Philippines has ratified.
SEC. 21. Hours of Work and Hours of Rest. -The normal hours of work of a seafarer 
shall not exceed eight (8) hours a day with one (1) rest day per week. If the seafarer 
is required to work beyond eight (8) hours, the maximum hours of work shall not 
exceed fourteen (14) hours in any 24-hour period, and seventy-two (72) hours in any 
seven-day period.
The minimum hours of rest for every seafarer shall not be less than ten (10) hours 
in a 24-hour period. The hours of rest may be divided into two periods, one of which 
shall be at least six (6) hours in length, and the interval between the two periods of 
rest shall not exceed fourteen (14) hours.


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In exceptional cases, seafarers in watchkeeping duties may be required to work 
beyond fourteen (14) hours: Provided, That the rest period is not less than seventy 
(70) hours in any seven-day period; Provided further, That such watchkeeping duties 
shall not be allowed for more than two (2) consecutive weeks; Provided, finaliy. That 
the intervals between the two (2) periods shall not be less than twice the duration of 
the exception.
SEC. 22. Paid Annual Leave. - Unless a higher annual leave is already provided in 
the employment contract, or under a collective bargaining agreement (CBA) or by the 
shipowner as company practice or. policy, the seafarers shall be paid an annual leave 
to be calculated on the basis of a minimum of 2.5 calendar days per month of 
employment; Provided, That the following shall not be counted as part of the annual 
paid leave:
(a)
(b)
(c)
(d)
Public and customary holidays of the Philippines, whether or not they fall during 
the paid annual leave;
Periods of incapacity for work (i) resulting from illness or injury; 
maternity or paternity leave in accordance with law;
Temporary shore leave granted to a seafarer while employed; or
Compensatory leave of any kind.
due to
SEC. 23. Wages. - The minimum wage applicable to Filipino seafarers onboard 
ocean-going ships of Philippine or foreign registry shall be as provided in the POEA 
SEC, which in no case be lower than the prevailing industry standard on ocean-going 
seafaring wage rates for officers and ratings, and regularly paid in full at intervals not 
greater than once a month.
SEC. 24. Remittance of Wages. - Shipowners shall provide the appropriate facilities 
and assistance to the seafarer to enable the seafarer to remit his/her wages to his/her 
designated allottee/s in the Philippines through any authorized Philippine bank or 
financial intermediary; Provided, That such allotment shall not be less than eighty 
percent (80%) of the seafarer’s monthly basic salary.
SEC. 25. Limitations on Wage Deductions. - A deduction from the seafarer’s wages 
shall not be made without his/her written consent, unless the deduction is provided for 
in the contract of employment and/or is authorized by law.
SEC. 26. Personal Effects. - A seafarer may bring a reasonable number of articles 
for personal use on-board the ship: Provided, That this act shall not inconvenience the 
ship or cargo or pose any risk on board the ship. If the seafarers’ personal effects are 
lost or damaged as a result of shipwreck, loss or stranding, abandonment of the 
vessel, or as a result of fire, flooding, collision or piracy, the employer shall reimburse 
him/her for said loss or damage in accordance with the international standards.
SEC. 27. 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 (SSS), Employees’ Compensation and


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State Insurance Fund, PhilHealth, HDMF orPag-IBIG Fund and other applicable social 
protection in accordance with law.
CHAPTER VII
ACCOMMODATION, RECREATION FACILITIES, FOOD 
AND CATERING IN SHIPS
SEC. 28. Application. - The requirements of this Chapter for crew accommodation 
and recreation faciiities covering ships of Philippine Registry shali be applicable to the 
following:
(a) 
Aii ocean-going ships and domestic ships constructed on or after the date when 
the Maritime Labor Convention of 2006 come into force;
(b) 
All second-hand ships, whether ocean-going or domestic, acquired or leased, 
and entered in the Phiiippine Registry after the entry date into force of the said 
Convention, uniess 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. 29. Accommodation Facilities. - Unless otherwise exempted herein or by 
appropriate regulations, all ships to which Filipino seafarers are sent on-board to work, 
whether Philippine or foreign-registered, shall have safe, decent and adequate 
accommodations for seafarers taking into account the need to protect the health and 
safety of seafarers working or living on board the ship.
SEC. 30. Requirements for Sanitation. - All ships to which Filipino seafarers are 
deployed to shall have sanitation facilities that meet the minimum standards for health 
and hygiene, which shall be accessible to seafarers on board. The sanitation facilities 
shall be located at convenient places, allowing for easy access to work stations. As 
far as practicable, separate facilities shall be provided for male and female crew.
SEC. 31. Recreation Facilities. - Unless otherwise exempted herein or by 
appropriate regulations, all ships to which Filipino seafarers are deployed to shall have 
recreation facilities, amenities, and services that are appropriate and accessible for 
seafarers; Provided, That domestic ships shall be exempted from this requirement 
considering that their trading patterns and length of voyages allow their crew to go 
home or to make use of comparable facilities on land.
SEC. 32. Food and Catering. - All ships covered under this Act to which Filipino 
seafarers are deployed to shall ensure protection and promotion of the health of the 
seafarer. Shipowners shall ensure that ships carry on-board and serve free food and 
drinking water of appropriate quality, quantity and nutritional value that adequately 
cover the requirements of the ship and take into consideration the differing cultural 
and religious backgrounds. The foods and drinks and the preparation thereof shall be 
in accordance with the standards of the Sanitation Code of the Philippines and
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pertinent laws, rules and regulations and/or with international standards. In all cases, 
the ship’s cooks shall be trained and qualified.
CHAPTER VIII 
MEDICAL CARE AND
MARITIME OCCUPATIONAL SAFETY AND HEALTH STANDARDS
SEC. 33. Medical Care On-board Ships and Ashore. - The shipowner shall provide 
adequate medical facility, equipment, paraphernalia and medical supplies, including 
medicines on board, and shall ensure access to shore facilities for the health of 
seafarers, as well as the corresponding medical or trained personnel who shall provide 
first-aid and medical care.
The medicine chest and its contents, the medical equipment, and the medical 
guide on board shall be maintained and inspected regularly to ensure that labeling, 
expiry dates, and conditions of storage of all medicines, and the directions for their 
use are checked, and all equipment are functioning properly.
The shipowner shall ensure that seafarers have access to medical treatment for 
any illness or injury, hospitalization and dental treatment.
A seafarer shall have the right to consult a qualified physician or dentist without 
delay in ports of call, where practicable.
SEC. 34. Financial Security System to Assist Seafarers in case of Occupational 
Injury and Other Causes. - In accordance with the Maritime Labor Convention, 2006 
on Financial Security for vessels, the shipowner shall provide an expeditious and 
effective financial security system to assist seafarers in the event of their abandonment 
and to assure compensation for contractual claims in the event of death or long-term 
disability of seafarers due to an occupational injury, illness or hazard.
CHAPTER IX
TERMINATION OF EMPLOYMENT 
SEC. 35. 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, signs-off from the ship and arrive at the point of hire.
(b) 
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: (i) fit for repatriation; or (ii) when after an 
illness, the seafarer is declared fit to work, but the employer is unable to 
find employment for the seafarer on-board the ship originally boarded or 
another ship of the employer;
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(2) 
When the seafarer signs-off due to sale of the ship, lay-up of ship, 
discontinuance of voyage or change of ship principal;
(3) 
When the seafarer voluntarily resigns in writing and signs-off prior to 
expiration of contract within a reasonable period as may be prescribed in 
the implementing rules and regulations of this Act; or
(4) 
When the seafarer is discharged for just causes in accordance with the 
provisions of the POEA standard employment contract.
CHAPTER X
SETTLEMENT OF DISPUTES
SEC. 36. On-board and Onshore Grievance Machinery. - All ships of Philippine 
registry shall establish a grievance machinery and a fair, effective and expeditious on­
board and on-shore procedures, at no cost to the seafarer, for the resolution of 
grievances or complaints.
Any grievance or complaints shall first be referred to the appropriate grievance 
mechanism established in accordance with this Act. In cases where a seafarer is a 
member of a legitimate trade union organization and covered by a collective 
bargaining agreement, he/she shall be assisted by a union designated representative 
in the proceedings. Any agreements reached by the parties at the grievance 
proceedings shall be final and binding.
SEC. 37. Mandatory Conciliation - Mediation. - In the absence of an agreement or 
settlement at the grievance machinery level, Filipino seafarers engaged, employed or 
working on-board ships of Philippine registry or other registries, shall avail of the 
conciliation-mediation services pursuant to Republic Act No. 10396, otherwise known 
as “An Act Strengthening Conciliation-Mediation as a Voluntary Mode of Dispute 
Settlement for all Labor Cases, Amending for this Purpose Article 228 of Presidential 
Decree No. 442, as amended, Othenvise Known as the ‘Labor Code of the 
Philippines’” and its implementing rules and regulations by filing a request for 
conciliation-mediation before the POEA, or at the appropriate Regional Branch of the 
National Conciliation and Mediation Board (NCMB) or the National Labor Relations 
Commission (NLRC).
SEC. 38. Maritime Industry Labor Arbitration. - The seafarer, whether or not 
covered by a collective bargaining agreement (CBA), or the shipowner or manning 
agent, may manifest before the conciliator-mediator to submit the complaint for 
Voluntary Arbitration, or to endorse the same before the appropriate regional branch 
of the NLRC for Compulsory Arbitration, in case the parties failed to agree on a 
compromise settlement.
For this purpose, a pool of trained maritime industry conciliator-mediators and 
experts shall be made available by the DOLE at the POEA, NCMB and NLRC. It shall 
also establish, in consultation with the maritime industry stakeholders, accreditation 
standards for Maritime Industry Voluntary Arbitrators that require competence, 
integrity and knowledge of the Philippine and global maritime industry practices and 
standards, MLC, 2006, and related Philippine ratified conventions and treaties.
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CHAPTER XI 
REPATRIATION
SEC. 39. Seafarers’ Repatriation. - Should the need for repatriation of the seafarers 
arise, all costs related to the repatriation and transport of the personal effects of 
seafarers, including the provision on financial security in case of abandonment of 
seafarers, shall be borne by or charged to the shipowner or the manning agency 
concerned to expedite the repatriation without prior determination of the cause of 
repatriation or termination of the seafarer’s employment.
SEC. 40. Repatriation Expenses; Advance and Recovery. - The repatriation 
expenses that shall be borne by or charged to the shipowner or the manning agency 
concerned shall include:
(a) 
pay and allowances from the moment the seafarers leave the ship until they 
reach the repatriation destination;
(b) 
accommodation and food during the journey to the repatriation destination;
(c) 
transportation charges, the normal mode of transport should be by air;
(d) 
deployment cost of the principal; and
(e) 
Immigration fees, fines and penalties.
However, after the seafarer has returned to the country, the shipowner or 
manning agency concerned may recover the cost of repatriation from the seafarer if 
the termination is determined to be solely due to his or her fault.
SEC. 41. Quarantine and Medical Expenses in Repatriation Due to Infection, 
Epidemics or Pandemic. - Before or during the process of repatriation, the expenses 
of medical care and board and lodging for periods spent by seafarers in self-isolation 
or in quarantine, whether or not the seafarers have symptoms, have been exposed or 
are quarantined as a safety precaution, must be covered by the shipowner or manning 
agency until the seafarers have been duly repatriated to the repatriation destination. 
Thereafter, medical care and quarantine expenses after repatriation to the destination 
shall be covered by the OWWA.
SEC. 42. Repatriation Destination. - The repatriation destination, at the option of the 
seafarers, may either be the place indicated in the SEC as the point of hire, or the 
place stipulated under the collective bargaining agreement.
SEC. 43. Emergency Repatriation for Seafarers On-board Foreign Registered 
Ships. - In cases of war, epidemics, abandonment of ship by shipowners, natural or 
manmade disasters or calamities, and other similar events, the Department of Foreign 
Affairs (DFA), in coordination with the POEA and OWWA, and in appropriate situations 
with international agencies, shall undertake the repatriation of seafarers.
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The DFA shall draw from the Emergency Repatriation Fund (ERF) provided 
under the General Appropriations Act (GAA) to defray the expenses involved in the 
repatriation of seafarers while the POEA shall require the manning agencies to effect 
the repatriation of seafarers within forty-eight (48) hours, unless prevented from doing 
so for justifiable or valid reasons. A manning agency that fails to repatriate a seafarer 
within the prescribed period without justifiable cause shall suffer the penalty of 
suspension or cancellation of license in accordance with pertinent ruies and 
regulations
In case of failure of the manning agency to provide the repatriation within the 
prescribed time, the POEA shall coordinate with the OWWA to advance the cost of 
repatriation of the seafarers without prejudice to reimbursement from the concerned 
manning agency within sixty (60) days from notice.
SEC. 44. Prescription of Entitiement to Repatriation. - Entitlement to repatriation 
may lapse if the concerned seafarers do not claim it within the period prescribed in the 
implementing rules and regulations or collective bargaining agreement, if any, except 
when such seafarers are held captive on or off the ship as a result of acts of piracy or 
armed robbery against the ship, or are incapable to travel due to Illness, injury or 
incapacity.
CHAPTER XII
REINTEGRATION OF OVERSEAS FILIPINO SEAFARERS
SEC. 45. Reintegration. - Returning or unemployed overseas Filipino seafarers may 
avail of the livelihood development, training programs and placements services offered 
by concerned government agencies, including OWWA, Technical Education and Skills 
Development Authority (TESDA), National Maritime Polytechnic (NMP), Commission 
on Higher Education (CHED) and other relevant government agencies providing 
training.
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 
shali be likewise solicited by the DOLE in devising the appropriate retraining and local 
job placement programs for unemployed seafarers.
The National Reintegration Center for OFWs (NRCO) shall attend to the needs 
of returning seafarers. For this purpose, NRCO 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 XIII
PROVISIONS APPLICABLE TO DOMESTIC SEAFARERS
SEC. 46. Wages, Holiday Pay, Service Incentive Leave and other Statutory 
Benefits. - The minimum wage rate of Filipino seafarers onboard ships engaged in 
domestic shipping shall be determined by the Regional Wages and Productivity 
Boards (RTWPB), taking into account the peculiarities of the employment arrangement
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of seafarers and the criteria for wage fixing pursuant to Republic Act No. 6727, 
othen/vise known as the “Wage Rationalization Act;” Provided, That wages for actual 
work hours and days shall not be lower than the applicable minimum wage rates in the 
place where the ship is registered. Wages of domestic seafarers shall be paid in full 
and regularly at least twice a week in a month, or at intervals not greater than 16 days 
as provided in the Labor Code of the Philippines, as amended.
In addition, the provisions of the Labor Code of the Philippines, as amended, on 
“Prohibitions Regarding Wages,” “Wage Studies, Wage Agreements, and Wage 
Determination," “Administration and Enforcement,” “Holidays,” “Service Incentive 
Leaves and Service Charges,” shall continue to apply, unless higher annual leave is 
already provided under the collective bargaining agreement or by the shipowner as 
company practice or policy or seafarers’ employment agreement. In addition, domestic 
seafarers shall also be entitled to (i) 13th month pay pursuant to Presidential Decree 
No. 851, as amended, (ii) paid maternity leave under Republic Act No. 11210, 
otherwise known as the 105-Day Expanded Maternity Leave Law, (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. 9170, 
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, Phil Health, and Employee 
Compensation Commission (ECC) benefits, regardless of the benefits already 
provided under a contract, collective bargaining agreement, or company practice or 
policy.
SEC. 47. Hours of Work, Hours of Rest. - As far as practicable, the provisions of 
Section 21 of this Act shall also apply to domestic seafarers.
SEC. 48. Termination of Empioyment of Domestic Seafarers. - The termination of 
employment of a seafarer on-board domestic ships shall be governed by the 
provisions of the Labor Code of the Philippines, as amended, on domestic shipping.
SEC. 49. Repatriation for Seafarers On-board Domestic Ships. - The provisions 
under this Act on repatriation as may be applicable shall also apply to seafarers 
working on domestic ships. Seafarers on-board domestic ships shall be entitled to 
emergency repatriation in cases of war, epidemics, abandonment of ships by 
shipowners, disasters or calamities, whether natural or man-made, and other similar 
events.
SEC. 50. Contracting or Subcontracting of Services. - The contracting or 
subcontracting of seafarers for work on-board domestic ships shall be governed by 
existing rules and regulations issued by the DOLE.
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CHAPTER XIV
MANNING LEVELS AND COMPLIANCE AND ENFORCEMENT OF 
SHIPS OF PHILIPPINE REGISTRY
SEC. 51. Manning Levels. - All ships of Philippine registry shall have the required 
minimum manning levels as prescribed by the Maritime Industry Authority (MARINA). 
They shall, at all times, be manned by a crew that is adequate in terms of size and 
qualifications taking into account the need to operate the vessel safely and efficiently.
SEC. 52. Crew Competence. - Every member of the crew of a ship of Philippine 
Registry shall possess, in addition to the required medical certificate in Section 17, the 
appropriate certificate of competency setting forth his/her competence to serve in the 
capacity 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. 53. Compliance and Certification. - All ships of Philippine registry shall 
comply with the provisions of this Act. The shipowner and master shall ensure the 
compliance of the ship with this Act and its implementing rules and regulations, who 
shali be made principally liable for any violation thereof.
For this purpose, a Maritime Labour Certificate or a certificate of compliance, as 
applicable, shall be issued in accordance with the implementing rules and regulations.
SEC. 54. Inspection and Enforcement. - For purposes of this Act, the Secretary of 
Labor or his/her 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 his/her 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, 
and/or to the life or limbs of the seafarer, the Secretary of Labor or his/her duiy
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authorized representative may order the detention of the ship immediately until the 
violation or deficiency is corrected.
SEC. 55. 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 XV
SHIPBOARD TRAINING OF CADETS
SEC. 56. Applicability. - The provisions of Sections 5 to 14 (Seafarers’ Rights), 
Section 17 (Medical Certificate), Sections 29 to 32 (Accommodation, Recreation 
Facilities, Food and Catering in Ships), Section 33 (Medical Care On-Board Ships and 
Ashore), Sections 36 to 38 (Settlement of Disputes), Sections 39 to 44 (Repatriation) 
shall apply with respect to the training of cadets.
SEC. 57. Shipboard Training Agreement for Cadets. - There shali be a written 
agreement among the shipowner, the cadet and the maritime institution or school, 
which shall embody the following information, terms and conditions:
(a) 
Cadet’s full name, date of birth, birthplace and age, which should be at least 16 
years old;
(b) 
Name and address of maritime institution or school;
(c) 
Name and address of shipowner and its manning and placement agency, if 
applicable;
(d) 
Place and date when the agreement is entered into;
(e) 
Capacity in which the cadet is to be trained;
The amount of the cadet’s allowance or stipend, if applicable;
(f)
(9)
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
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(i) Other benefits in accordance with law, company policy or agreements.
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.
CHAPTER XVI
INCENTIVES AND AWARDS GRANTED TO THE MARITIME INDUSTRY
SEC. 58. 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).
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
ROLE OF GOVERNMENT AGENCIES
SEC. 59. 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). DOLE shall 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.
To this end, the DOLE shall establish an effective system for the inspection and 
certification to ensure that the working and living conditions of seafarers are met 
and continue to be met pursuant to the Maritime Labour Convention 2006.
(b) 
Department of Foreign Affairs (DFA). DFA, through its home offices or foreign 
posts, shall take priority action or make representation with the foreign authority 
concerned to protect the rights of Filipino seafarers and extend immediate 
assistance, including the repatriation of distressed or beleaguered Filipino 
seafarers.
(c) 
Department of Health (DOH). DOH shall regulate the activities and operations 
of all clinics which conduct medical, physical, optical, dental, psychological and 
other similar examinations, hereinafter referred to as health examinations, on 
Filipino seafarers.
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The Department of Health shall determine and prescribe the nature of the 
medical examination that shall be required of a seafarer, ensuring that such 
examination will genuinely determine the seafarer’s state of health, considering 
the duties that he/she shall be required to perform on board. The DOH shall 
likewise prescribe the contents of the medical certificate to ensure that such 
certification will genuinely reflect the seafarer’s state of health.
(d) 
Philippine Overseas Employment Administration (POEA). POEA shall look 
into and improve on the working conditions and terms of employment of the 
officers and crew of vessels of Philippine registry, and of such officers and crew 
members who are Filipino citizens and employed by foreign vessels.
(e) 
Overseas Workers’ Welfare Administration (OWWA). The OWWA, through 
its welfare officer or in his absence, the coordinating officer, shall provide the 
Filipino seafarers and his family all the assistance they may need in the 
enforcement of contractual obligations by agencies and/or by their principals.
The OWWA shall likewise formulate and implement welfare programs for 
overseas Filipino seafarers and their families while they are abroad and upon 
their return. It shall ensure the awareness by the overseas Filipino workers and 
their families of these programs and other related governmental programs.
(f) 
Maritime industry Authority (MARiNA). The MARINA shall ensure that all 
maritime education including the curricula and training programs are structured 
and delivered in accordance with the written programs, methods and media of 
delivery, procedures and course materials compliant with international standards 
as prescribed under the STCW Convention.
(g) 
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 department, agency and instrumentality of the government including 
government owned and controlled corporation shall remain and continue to be 
recognized in accordance with the law or order creating them.
SEC. 60. One Stop Service Center for OFWs (OSSCO). - Within six months from 
the implementation of this Act, at least one OSSCO shall be established in each region 
of the country.
SEC. 61. Registry of Seafarers. - The POEA, for ocean-going ships of foreign 
registry, and MARINA, for domestic and ocean-going ships of Philippine registry, shall 
maintain a registry of all seafarers in the Philippines. The registry shall contain the 
relevant information or data to promote employment opportunities for seafarers, 
whether on board or ashore, or to provide a list of available training and education to 
support skills development and competencies of seafarers.
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SEC. 62. Integrated Documentation System.-All concerned government agencies, 
in coordination with the Department of Information and Communications Technology 
(DICT), shall collate and integrate all relevant information with respect to Filipino 
seafarers in the Shared Government Information System established pursuant to 
Section 20 of Republic Act No. 8042, otherwise known as the “Migrant Workers and 
Overseas Filipinos Act of 1995,” as amended.
Information regarding seafarers shall include the education, training, licensing, 
and certification of seafarers, which can be used by the seafarers in all their 
transactions with government, manning, recruitment or placement agencies, and other 
pertinent bodies.
SEC. 63. Maritime Occupationai Safety and Heaith Standards. - The DOLE, in 
consultation with the maritime industry stakeholders, shall formulate the Maritime 
Occupational Safety and Health Standards (MOSHS) pursuant to the provisions of 
Republic Act No. 11058, othen/vise known as the “Occupational Safety and Health 
Law” and pertinent maritime conventions and treaties ratified by the Philippines.
CHAPTER XVIII 
FINAL PROVISIONS
SEC. 64. Administrative Fines and Penalties. - Any shipowner, master, their 
representatives or other person who fails or refuses to present employment records 
such as payrolls, daily time records, pay slip, or other documents when required by 
the Secretary of Labor, his duly authorized representative or the duly authorized 
representative of recognized organization shall be subjected to administrative fines 
ranging from One Hundred Thousand Pesos (Phpl00,000) to One Million Pesos 
(Phpl ,000,000), in accordance with the implementing rules and regulations of this Act.
SEC. 65. Penalties for Violations of Sections 54 and 55. - Any person who, without 
proper authorization, exercises the authority granted to the Secretary of Labor and 
Employment under Sections 54 and 55 of this Act, shall be punished with a fine of not 
less than Two Hundred Thousand Pesos (Php200,000.00) nor more than Two Million 
Pesos (Php2,000,000), or imprisonment of not less than one (1) year nor more than 
four (4) years, or both at the discretion of the court. The foregoing offense shall 
prescribe after five (5) years from its commission.
SEC. 66. Transitory Provision. - All rights, privileges and benefits previously enjoyed 
by Filipino seafarers before the effectivity of this Act, including those set forth in 
Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines, 
as amended, and Republic Act No. 8042, otherwise known as the “Migrant Workers 
and Overseas Filipinos Act of 1995,” as amended, shall continue to be recognized and 
shall not be diminished after the effectivity of this Act.
SEC. 67. Implementing Rules and Regulations. The DOLE, in coordination with the 
DFA, the MARINA and other concerned agencies shall formulate the rules and 
regulations of this Act within ninety (90) days after its effectivity.
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SEC. 68. Separability Clause. - If, for any reason, any section, clause or term of this 
Act is held to be illegal, invalid, or unconstitutional, such parts not affected by such 
declaration shall remain in full force and effect.
SEC. 69. Repealing Clause. - All laws, presidential decrees, issuances, executive 
orders, letters of instruction, rules and regulations inconsistent with the provisions of 
this Act are hereby repealed or modified accordingly.
SEC. 70. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation
Approved,
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