Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _____ 
Introduced by CIBAC Party-List Representative 
Eduardo “Bro. Eddie” C. 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.  
Citing the BIMCO and the International Chamber of Shipping 
Seafarer Workforce Report for 2021, the United Nations Conference on 
Trade and Development noted that around the world, there are 1,892,720 
seafarers, of whom 857,540 are officers and 1,035,180 are ratings.1 Of 
these numbers, the report revealed that the largest supplier for both 
officers and ratings is the Philippines, followed by Russia, Indonesia, 
China, and India. 2  These countries constitute 44% of the seafarer 
workforce around the world.3 By the end of 2021, data from the Philippine 
1  United Nations Conference on Trade and Development, Review of Maritime Transport 2021, available at 
https://unctad.org/system/files/official-document/rmt2021_en_0.pdf (last accessed July 3, 2022). 
2 Id. 
3 Id. 
July 25, 2022
8:00 am
2287


 
Overseas Employment Administration shows that the total number of 
deployed sea-based Overseas Filipino Workers was 345,517.4 
 
Furthermore, the seafarers’ contribution, through their remittances, 
to the Philippine economy is undeniable. According to the Bangko Sentral 
ng Pilipinas (BSP), Filipino seafarers have remitted over USD6.545 billion 
in 2021 alone.5 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. In the 18th 
Congress, we filed and successfully sponsored the creation of the 
Department of Migrant Workers, which was eventually signed into law, 
through the passage of Republic Act No. 11641.6 
 
 
Nonetheless, there is still a need to continue prioritizing and 
promoting the welfare and the protection of the rights of Filipino seafarers. 
This bill, among others, seeks to establish the rights of seafarers on board 
Philippine- and foreign-registered ships undertaking international 
voyages; enumerate the duties of employers, seafarers and Philippine 
government agencies; and setting minimum standards for the training, 
accommodation, work facilities, education, repatriation, and occupational 
safety and health of seafarers, among others.  
 
 
This bill likewise prioritizes the empowerment of women in the 
maritime industry through requiring the formulation of gender-sensitive 
policies to promote women’s rights to adequate training opportunities and 
to freedom from discrimination, harassment, and bullying, among others. 
 
4 Data from the Philippine Overseas Employment Administration as of December 2021. 
5
 Bangko 
Sentral 
ng 
Pilipinas, 
Overseas 
Filipinos’ 
Cash 
Remittances, 
available 
at 
https://www.bsp.gov.ph/Statistics/External/Table%2011.pdf (last accessed July 3, 2022). 
6 https://www.officialgazette.gov.ph/2021/12/30/republic-act-no-11641/. 


 
 
In 2020, 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.”7  
 
This bill is an answer to IMO’s call.  
 
In view of the foregoing, the immediate approval of this bill is highly 
recommended. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
7 International Maritime Organization, UN Day of the Seafarer highlights the sacrifice of key workers at sea during the pandemic, 
accessible at https://www.imo.org/en/MediaCentre/PressBriefings/Pages/20-DOTS-2020.aspx. (last accessed July 3, 2022). 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _____ 
Introduced by CIBAC Party-List Representative 
Eduardo “Bro. Eddie” C. Villanueva 
AN ACT  
INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS 
  Be it enacted by the Senate and House of Representatives of the 
1 
Philippines in Congress assembled:
2 
3 
CHAPTER I 
4 
DECLARATION OF POLICY 
5 
6 
SECTION 1. Short Title. – This Act shall be known as the “Magna 
7 
Carta of Filipino Seafarers.” 
8 
9 
SECTION 2. Declaration of Policies. – It is hereby declared the 
10 
policy of the State: 
11 
12 
(a) 
To recognize the rights, contributions, and unique role of seafarers
13 
as 
essential 
maritime 
professionals, 
acknowledge 
their 
14 
vulnerabilities, and afford them full protection before, during, and 
15 
after their employment; 
16 
17 
(b) 
To recognize that seafarers are a special category of key workers
18 
providing essential services, and given the global nature of the 
19 
2287


 
shipping industry and the different jurisdictions that seafarers may 
1 
be brought into contact with, they are in need of special protection;  
2 
 
3 
(c) 
To encourage the participation of women in the seafaring profession 
4 
and contribute meaningfully to the achievement of national 
5 
development goals as productive members of the community; 
6 
 
7 
(d) 
To maintain and progressively develop a pool of competent and 
8 
world-class seafarers through a system of education, training, 
9 
certification, and licensing; 
10 
 
11 
(e) 
To enact laws that adopt and implement the standards set by 
12 
international conventions and agreements regarding the working 
13 
and living conditions and occupational safety and health, among 
14 
others, of seafarers, particularly the Maritime Labour Convention, 
15 
2006 (MLC, 2006); and 
16 
 
17 
(f) 
To recognize shipowners, maritime higher education institutions, 
18 
and licensed manning agencies as vital partners in promoting the 
19 
rights, welfare, skills, and competencies of seafarers. 
20 
 
21 
Toward these ends, the State shall endeavor to improve the 
22 
seafarers’ working conditions, terms and conditions of employment, and 
23 
career prospects, and to provide them opportunities to harness their 
24 
potentials to the fullest. The State shall also uplift the socio-economic well-
25 
being of the seafarers’ families. 
26 
 
27 
CHAPTER II 
28 
GENERAL PROVISIONS 
29 
 
30 
SECTION 3. Coverage. – This Act shall cover: 
31 
 
32 
(a) 
All Filipino seafarers who are to be engaged, engaged, employed, 
33 
or working in any capacity, on board Philippine ships that undertake 
34 
international voyages or foreign-registered ships, except those to be 
35 
engaged, engaged, employed, or working in the following categories 
36 
of ships: 
37 


 
 
1 
(1) Warships, naval auxiliaries, and Coast Guard vessels; 
2 
 
3 
(2) Government ships not engaged in commercial operations; 
4 
 
5 
(3) Ships of traditional built, as may be defined under existing rules 
6 
and regulations;  
7 
 
8 
(4) Fishing vessels, as may be defined by appropriate rules and 
9 
regulations to be issued by the Department of Labor and 
10 
Employment (DOLE), in consultation with the Bureau of Fisheries 
11 
and Aquatic Resources and other relevant stakeholders.  
12 
 
13 
For the purpose of this Act, a seafarer is deemed “to be engaged” 
14 
as such if the seafarer has been contracted for overseas employment but 
15 
has yet to leave the Philippines.  
16 
 
17 
All Filipino seafarers on board Philippine registered domestic ships 
18 
engaged in trade and commerce navigating exclusively between 
19 
Philippine ports and within Philippine territorial or internal waters shall be 
20 
covered primarily by the provisions of Presidential Decree No. 442, 
21 
otherwise known as the Labor Code of the Philippines, as amended, 
22 
Republic Act No. 11058, entitled “An Act Strengthening Compliance with 
23 
Occupational Safety and Health Standards and Providing Penalties for 
24 
Violations Thereof,” and other related labor, social and welfare benefits 
25 
laws. For this purpose, the DOLE shall issue the appropriate rules and 
26 
regulations to govern the employment of domestic seafarers. 
27 
 
28 
SECTION 4. Definition of Terms. – As used in this Act, the 
29 
following terms shall have the following meaning: 
30 
 
31 
(a) 
Abandonment refers to a situation where, in violation of the terms 
32 
of the employment contract, the shipowner:  
33 
 
34 
(1) Fails to cover the cost of the seafarer’s repatriation;  
35 
 
36 


 
(2) Has left the seafarer without the necessary maintenance and 
1 
support; or  
2 
 
3 
(3) Has otherwise unilaterally severed their ties with the seafarer, 
4 
including failure to pay contractual wages for a period of at least two 
5 
(2) months;  
6 
 
7 
(b) 
Cadet refers to a student of a maritime educational institution who 
8 
is required to undergo training on board registered international or 
9 
domestic ships to fulfill a maritime degree or technical course; 
10 
 
11 
(c) 
International Maritime Convention or International Convention 
12 
refers to any written treaty or agreement, or any protocol or 
13 
amendment thereto, affecting the maritime industry, which has 
14 
come into force and effect, including the MLC, 2006; 
15 
 
16 
(d) 
International 
Convention 
on 
Standards 
of 
Training, 
17 
Certification, and Watchkeeping for Seafarers or STCW refers to 
18 
the international convention that establishes the minimum standards 
19 
relating to training, certification, and watchkeeping for seafarers, 
20 
which the Philippines acceded to on May 22, 1984; 
21 
 
22 
(e) 
Manning Agency refers to a natural or juridical person duly licensed 
23 
by the Secretary of the Department to engage in the recruitment and 
24 
placement of seafarers;   
25 
 
26 
(f) 
Maritime Accident refers to any unforeseen occurrence or physical 
27 
event connected to the navigation, operations, maneuvering, or 
28 
handling of ships, or the machinery, equipment, material, or cargo 
29 
on board such ships which may result in the detention of seafarers;  
30 
 
31 
(g) 
Maritime Industry Stakeholders refer to all private stakeholders 
32 
engaged in the business of owning, managing, chartering, or 
33 
operating domestic and international ship/s of Philippine or foreign 
34 
registry, manning of ships, management ports, stevedoring and 
35 
arrastre services, ship brokering and chartering, ship-building and 
36 
ship repair, providing maritime services, such as ship supplies and 
37 


 
provisions, maritime education and training, shipping agency, and 
1 
other similar activities.  
2 
 
3 
This term shall also include bona fide maritime labor organizations, 
4 
professional associations of seafarers, associations promoting 
5 
seafarers’ welfare, and women’s maritime organizations; 
6 
 
7 
(h) 
Maritime Labour Certificate refers to the document that certifies 
8 
that the working and living conditions of the seafarers on the ship 
9 
have been inspected and are compliant with the requirements of the 
10 
MLC, 2006 and of applicable Philippine laws and regulations; 
11 
 
12 
(i) 
Maritime Labour Convention, 2006 or MLC, 2006 refers to the 
13 
consolidated Maritime Labour Convention approved by the 
14 
International Labour Organization (ILO) in 2006 and ratified by the 
15 
Philippines on August 20, 2012; 
16 
 
17 
(j) 
Master refers to a person having command of a ship and acts as 
18 
the shipowners’ representative; 
19 
 
20 
(k) 
Ocean-Going Ship refers to a ship other than those which navigate 
21 
exclusively in inland water or in water within or closely adjacent to 
22 
sheltered water, or areas where port regulations apply; 
23 
 
24 
(l) 
Officer refers to a member of the crew other than the master who 
25 
has been designated as such by national law or regulation, or, in the 
26 
absence of such designation, by collective agreement or custom; 
27 
 
28 
(m) 
One-Stop-Shop Center refers to the one-stop shop centers in 
29 
various parts of the country established to ensure prompt, efficient, 
30 
vital, and relevant services to Overseas Filipino Workers (OFWs) 
31 
and other overseas Filipinos and their families, including seafarers, 
32 
and shall be the venue for the acquisition of relevant clearances and 
33 
permits, validation of overseas job offers, availment of reintegration 
34 
services and all pertinent seminars and workshops for all 
35 
stakeholders, among others, in accordance with Republic Act No. 
36 
11641, entitled “An Act Creating the Department of Migrant 
37 


 
Workers, Defining its Powers and Functions, Rationalizing the 
1 
Organization and Functions of Government Agencies related to 
2 
Overseas Employment and Labor Migration, Appropriating Funds 
3 
Therefor, and For Other Purposes”;  
4 
 
5 
(n) 
Point of Hire refers to the place indicated in the contract of 
6 
employment, and which shall be the basis in determining the 
7 
commencement of the contract; 
8 
 
9 
(o) 
Recognized Organizations refer to organizations recognized by 
10 
the DOLE to carry out inspections or issue the Maritime Labour 
11 
Certificate in accordance with the scope of activities covered by their 
12 
authorizations;  
13 
 
14 
(p) 
Repatriation refers to the process of returning a seafarer to the 
15 
point of destination, which shall be at the point of hire or the 
16 
seafarer’s place of domicile, at the option of the seafarer, or in case 
17 
of incapacity or death, at the option of his/her next-of-kin; 
18 
 
19 
(q) 
Standard Employment Contract or Employment Contract or 
20 
SEC refers to a government-prescribed contract containing the 
21 
minimum terms and conditions of employment; 
22 
 
23 
(r) 
Seafarer refers to any Filipino who is to be employed, is employed, 
24 
or is engaged to work in any capacity on board a ship covered under 
25 
this Act; 
26 
 
27 
(s) 
Ship or Vessel refers to any kind, class, or type of craft or artificial 
28 
contrivance capable of floating in water, whether publicly or privately 
29 
owned, ordinarily engaged in commercial activities; and 
30 
 
31 
(t) 
Shipowner or Principal refers to the owner of the ship employing 
32 
Filipino seafarers to work on board Philippine ships that undertake 
33 
international voyages and foreign-registered ships engaged in 
34 
international trade, or any other organization or person, such as the 
35 
manager, agent, or bareboat charterer, who has assumed the 
36 
responsibility for the operation and management of the ship from the 
37 


 
shipowner, and who, in assuming such responsibilities, has agreed 
1 
to take over all the attendant duties and responsibilities of a 
2 
shipowner under this Act, regardless of whether any other 
3 
organization or persons fulfill certain duties or responsibilities on 
4 
behalf of the shipowner. 
5 
 
6 
 
7 
 
8 
CHAPTER III 
9 
SEAFARER’S RIGHTS 
10 
 
11 
SECTION 5. Right to Just Terms and Conditions of Work. – 
12 
Seafarers shall have the right to: 
13 
 
14 
(a) 
A safe and secure workplace that complies with safety standards; 
15 
 
16 
(b) 
Decent working and living conditions on board a ship; 
17 
 
18 
(c) 
Medical care and confirmatory tests, welfare measures, and other 
19 
forms of health and social protection; 
20 
 
21 
(d) 
Fair terms and conditions of employment, including salary 
22 
commensurate to their rank, hours of work, paid sick leave or 
23 
sickness benefits, the maximum number of hours of work, and 
24 
minimum hours of rest periods, consistent with Philippine laws or 
25 
international maritime conventions; and 
26 
 
27 
(e) 
Compensation and benefits in the event of death or long-term 
28 
disability for occupational injuries, illnesses, hazards. 
29 
 
30 
SECTION 6. Right to Self-Organization, to Engage in Collective 
31 
Bargaining, and to Participate in Democratic Exercises. – Seafarers 
32 
shall enjoy the right to self-organization, to collectively bargain, to form or 
33 
join international organization of seafarers or network with seafarers of 
34 
different nationalities, and to participate in the deliberation of issues and 
35 
in the formulation of policies that affect them, including, as far as 
36 


 
practicable, representation in governing boards or appointment in 
1 
government agencies or instrumentalities. 
2 
 
3 
Women seafarers shall also have the right, and be encouraged, to 
4 
join, assist, or form labor unions or associations, or form networks with 
5 
women seafarers of different nationalities. 
6 
 
7 
SECTION 7. Right to Educational Advancement and Training at 
8 
Reasonable and Affordable Costs. – Seafarers shall have access to 
9 
educational advancement and training at reasonable and affordable 
10 
costs. 
11 
 
12 
Toward this end, relevant government agencies shall: 
13 
 
14 
(a) 
Regulate the operation of all educational and training institutions 
15 
offering courses related to seafaring; 
16 
 
17 
(b) 
Pursue grant programs, such as scholarships, subsidies, loan 
18 
assistance, and other measures that will harness the skills of 
19 
seafarers toward greater competitiveness given the new and 
20 
evolving demands in the industry;  
21 
 
22 
(c) 
Promote quality maritime education and training that respond to the 
23 
needs of the industry and in accordance with minimum international 
24 
maritime standards of competency; and 
25 
 
26 
(d) 
Afford enhanced access to educational advancement and training 
27 
of women in the seafaring industry. 
28 
CHED and MARINA shall work together to mainstream gender and 
29 
development in the curricula of maritime institutions and training centers. 
30 
 
31 
SECTION 8. Right to Information. – Shipowners, manning 
32 
agencies, and other organizations responsible for the recruitment and 
33 
placement of seafarers, shall provide seafarers relevant information, 
34 
including the terms and conditions of employment, company policies 
35 
affecting seafarers, obligations of seafarers, conditions and realities 
36 
attending to their profession, and necessary laws and regulations of 
37 


 
countries covered by their sojourn. In addition, the seafarers shall, at all 
1 
times, be furnished a copy of the duly executed Standard Employment 
2 
Contract, as well as the results of the medical examination conducted on 
3 
him/her. This right shall also include the right of seafarers’ organizations 
4 
to relevant information affecting the terms and conditions of employment 
5 
of their members, subject to provisions of Republic Act No. 10173, 
6 
otherwise known as the Data Privacy Act of 2012. 
7 
 
8 
All ships covered by this Act shall have a copy of the MLC, 2006, 
9 
the grievance procedures available on board, duly executed Standard 
10 
Employment Contract of seafarers, and when there is a collective 
11 
bargaining agreement (CBA), a copy of such agreement, which shall be 
12 
readily accessible and available to the seafarers.  
13 
 
14 
SECTION 9. Right to Information of a Seafarer's Family or Next-
15 
of-Kin. – In critical incidents, such as accidents or deaths on board or 
16 
offshore, piracy, abandonment of vessel, and other similar cases, the 
17 
seafarer’s family or next-of-kin shall be immediately informed of the 
18 
incident, including investigation reports, action/s taken, and plans by the 
19 
shipowner and the manning agency concerned.  
20 
 
21 
In addition, it shall be the duty of the shipowner and the manning 
22 
agency, within a reasonable period of time, to report to the Department of 
23 
Migrant 
Workers 
(DMW) 
and 
the 
Overseas 
Workers 
Welfare 
24 
Administration Act (OWWA) such incident and the details of the family or 
25 
next-of-kin of the concerned seafarer/s, which shall subsequently provide 
26 
the appropriate assistance. 
27 
 
28 
SECTION 10. Right to Safe Passage and Safe Travel. – Seafarers 
29 
shall be accorded the rights to safe passage and safe travel, including the 
30 
right to embark and disembark in third countries when in transit, and the 
31 
right to be repatriated and return home.  
32 
 
33 
SECTION 11. Right to Consultation. – Seafarers and maritime 
34 
stakeholders shall be adequately consulted before adopting any maritime 
35 
policy, executive issuance, rules or regulations, or in the enactment of any 
36 


 
maritime law that may directly affect the seafarers and/or their families 
1 
and beneficiaries. 
2 
 
3 
SECTION 12. Right against Discrimination. – Seafarers shall 
4 
have the right to be protected from discrimination on the basis of race, 
5 
age, sex, religion, or political opinion, as well as on the basis of 
6 
disablement, taking into consideration the inherent requirements of the 
7 
particular job or undertaking. Career opportunities shall be promoted, and 
8 
appropriate working and living conditions shall be guaranteed equally 
9 
among male and female seafarers. 
10 
 
11 
SECTION 13. Right to be Protected Against All Forms of 
12 
Harassment and Bullying. – Seafarers shall be protected against all 
13 
forms of harassment and bullying while on board their ships. The 
14 
shipowner shall put policies in place for the protection of all crew 
15 
members. Maritime stakeholders and seafarers shall ensure that 
16 
harassment and bullying do not take place. 
17 
Shipowners and manning agencies shall also establish helplines and 
18 
grievance mechanisms for all victims of harassment and bullying. 
19 
 
20 
SECTION 14. Right to Free Legal Representation. – Seafarers 
21 
who are victims of violations of the provisions of this Act or whose 
22 
contracts have been breached, who cannot afford the services of a 
23 
competent and independent counsel, shall have the right to free legal 
24 
assistance and protection at the government’s expense, and to the fair 
25 
and speedy disposition of the case, including the expeditious settlement 
26 
of any money claims, subject to existing rules and regulations. 
27 
 
28 
SECTION 15. Right to Access to Communication. – Seafarers, 
29 
especially during their free time or when they are not on duty, shall have 
30 
reasonable access to ship-to-shore telephone communications, email, 
31 
and internet facilities, where available. 
32 
 
33 
SECTION 16. Right to Record of Employment or Certificate of 
34 
Employment. – The seafarer shall have a right to the record of his/her 
35 
employment on board the ship, or a certificate of employment, specifying 
36 


 
the length of service, the position the seafarer occupied, an account of 
1 
his/her final wages, and such other relevant information.  
2 
 
3 
SECTION 17. Right to Fair Treatment in the Event of a Maritime 
4 
Accident. – In the event of a maritime accident, seafarers shall be treated 
5 
fairly. They shall be entitled to all the rights under the ILO/International 
6 
Maritime Organization (IMO) 2006 Guidelines on Fair Treatment of 
7 
Seafarers in the Event of a Maritime Accident and its amendments. 
8 
 
9 
CHAPTER IV 
10 
WOMEN IN THE MARITIME INDUSTRY 
11 
 
12 
SECTION 18. Discrimination Against Women Seafarers. In 
13 
addition to the right against discrimination on the basis of sex, women 
14 
seafarers shall be protected from the following discriminatory acts: 
15 
 
16 
(a) 
Payment of a lesser compensation, including wage, salary or other 
17 
form of remuneration and fringe benefits, to a male seafarer as 
18 
against a female seafarer, for work of equal value; and 
19 
 
20 
(b) 
Favoring a male seafarer over a female seafarer with respect to 
21 
promotion, training opportunities, study and scholarship grants, 
22 
solely on account of their sexes. 
23 
 
24 
SECTION 19. Gender and Development. Shipowners and manning 
25 
agencies shall formulate gender and development policies. In addition, all 
26 
maritime training institutions shall ensure that appropriate gender-
27 
sensitive policies are in place to promote the rights of women to adequate 
28 
training and opportunities, free from discrimination, harassment and 
29 
bullying. 
30 
 
31 
CHAPTER V 
32 
SEAFARER’S DUTIES 
33 
 
34 
SECTION 20. Duties of a Seafarer. – Seafarers shall have the 
35 
following duties: 
36 
 
37 


 
(a) 
To comply with and observe the terms and conditions of the 
1 
Standard Employment Contract; 
2 
 
3 
(b) 
To abide by lawful and reasonable company personnel policies; 
4 
 
5 
(c) 
To follow and observe the chain of command of the vessel, and to 
6 
comply with the relevant and reasonable policies and procedures on 
7 
board the ship or while ashore, taking into consideration his/her 
8 
religious freedom;  
9 
 
10 
(d) 
To be diligent in the performance of duties relating to the ship, its 
11 
stores, equipment, and cargo, whether on board, in transit, or 
12 
ashore; 
13 
 
14 
(e) 
To continually improve his/her professional competency by keeping 
15 
up-to-date with the latest technological and scientific knowledge 
16 
applied in the maritime fields, constant reading and diligent studies, 
17 
and keen observation of shipboard activities; 
18 
 
19 
(f) 
To be, at all times, orderly and respectful to the shipmates, 
20 
passengers, shippers, stevedores, port authorities, and other 
21 
persons who have official business with the ship; and 
22 
 
23 
(g) 
To take personal responsibility for his/her health while on board by 
24 
maintaining a healthy lifestyle and complying with medically 
25 
prescribed instructions. 
26 
 
27 
CHAPTER VI 
28 
MINIMUM REQUIREMENTS FOR SEAFARERS 
29 
 
30 
SECTION 21. Minimum Age. – No person below eighteen (18) 
31 
years old, other than a cadet, shall be employed, engaged, or otherwise 
32 
allowed to work on board Philippine-registered ships navigating 
33 
international waters, as well as on board foreign-registered ships.  
34 
 
35 
SECTION 22. Medical Certificates. – No seafarer shall be 
36 
employed, engaged, or otherwise allowed to work on board Philippine-
37 


 
registered ships navigating international waters or ocean-going ship 
1 
unless a medical certificate has been issued declaring the seafarer to be 
2 
fit to work.  
3 
 
4 
For this purpose, the seafarer shall hold a valid medical certificate 
5 
issued by a medical facility duly accredited by the Department of Health 
6 
(DOH), in accordance with its rules and regulations. 
7 
 
8 
The medical certificate shall certify that the person is expected to 
9 
meet the minimum requirements to perform the duty specific to the 
10 
person’s post safely and effectively during the validity of the certificate.  
11 
 
12 
During the conduct of a medical examination, the seafarer shall 
13 
have the responsibility of answering truthfully all questions relating to 
14 
his/her medical condition and/or medical history, including previously 
15 
known illness, injury, or medical treatment, and to make a complete 
16 
inventory of medication prescribed to him/her by physicians; Provided, 
17 
that the processing of the medical information of the seafarer shall at all 
18 
times comply with the provisions of the Data Privacy Act of 2012.  
19 
 
20 
For the purposes of this Section, a medical certificate issued in 
21 
accordance with the requirements of STCW shall be accepted. 
22 
 
23 
SECTION 23. Training and Qualifications. – Only seafarers 
24 
certified by appropriate government agencies in compliance with the 
25 
STCW and other applicable international standards, shall work, be 
26 
employed, or be engaged on board a ship.  
27 
 
28 
SECTION 24. Recruitment and Placement. – Only duly licensed 
29 
manning agencies shall be allowed to operate and engage in the 
30 
recruitment and placement of seafarers, in accordance with rules and 
31 
regulations as may be issued by the Secretary of Labor and Employment, 
32 
or the Secretary in-charge of migration-related matters, including the 
33 
deployment of seafarers.  
34 
 
35 
In all cases, no amount or fee, including placement fees, shall be 
36 
charged to the seafarer in relation to his/her recruitment and placement.  
37 


 
 
1 
CHAPTER VII 
2 
TERMS AND CONDITIONS OF EMPLOYMENT 
3 
 
4 
SECTION 25. Standard Employment Contract for Seafarers. – 
5 
There shall be a Standard Employment Contract in writing between the 
6 
shipowner and the seafarer, which shall include, but not be limited to, the 
7 
following information and terms: 
8 
 
9 
(a) 
Seafarer’s full name, date of birth, age, birthplace, permanent, 
10 
and/or residential address; 
11 
 
12 
(b) 
Seafarer’s Record Book Number, Seafarer’s Identity Document 
13 
Number, Seafarer’s Registration Number, and other necessary 
14 
documentation required of seafarers by other appropriate 
15 
government agencies; 
16 
 
17 
(c) 
Shipowner’s name and address; 
18 
 
19 
(d) 
Place where and date when the seafarer’s employment agreement 
20 
is entered into; 
21 
 
22 
(e) 
Duration of the contract; 
23 
 
24 
(f) 
Point of hire; 
25 
 
26 
(g) 
Capacity in which the seafarer is to be employed; 
27 
 
28 
(h) 
Amount of the seafarer’s salary, and the formula used for calculating 
29 
the same; 
30 
 
31 
(i) 
Maximum hours of work and minimum hours of rest; 
32 
 
33 
(j) 
Wages and wage-related benefits, which shall include, but is not 
34 
limited to, overtime pay, holiday pay, vacation leave pay, premium 
35 
pay, paid leaves, and 13th-month pay, if applicable;  
36 
 
37 


 
(k) 
Compensation and benefits for occupational injury, illness, or death; 
1 
 
2 
(l) 
Social security and welfare benefits, including the compulsory 
3 
insurance coverage as provided under Republic Act No. 8042, as 
4 
amended by Republic Act No. 10022, otherwise known as the 
5 
Migrant Workers Act, and Section 6(n) of Republic Act No. 11641, 
6 
otherwise known as the Department of Migrant Workers Act; 
7 
 
8 
(m) 
Stipulations on repatriation or similar undertakings; 
9 
 
10 
(n) 
Separation pay and retirement pay, if applicable; 
11 
 
12 
(o) 
Reference to the CBA, if applicable; and 
13 
 
14 
(p) 
Other benefits in accordance with law, company policy, or CBA. 
15 
 
16 
The employment contract shall be in a working language or in the 
17 
English language, executed in four (4) original copies before the 
18 
commencement of the employment. The shipowner and the seafarer shall 
19 
each have a signed original of the agreement. In addition, a signed original 
20 
shall be made available on board the ship. 
21 
 
22 
For ocean-going Philippine-registered ships or foreign-registered 
23 
ships, the DMW shall issue a Standard Employment Contract containing 
24 
the minimum standards to be observed in the employment of seafarers. 
25 
The Standard Employment Contract shall be reviewed and updated 
26 
regularly and must, at all times, be consistent with the MLC, 2006, and 
27 
other existing treaties and conventions governing seafarers, which the 
28 
Philippines has ratified or will ratify in the future. 
29 
 
30 
SECTION 26. Maximum Hours of Work and Minimum Hours of 
31 
Rest. – The normal hours of work of a seafarer shall not exceed eight (8) 
32 
hours a day with one (1) rest day per week. If the seafarer is required to 
33 
work beyond eight (8) hours, the maximum hours of work shall not exceed 
34 
fourteen (14) hours in any 24-hour period, and seventy-two (72) hours in 
35 
any seven (7)-day period. 
36 
 
37 


 
The minimum hours of rest for every seafarer shall not be less than 
1 
ten (10) hours in a 24-hour period. The hours of rest may be divided into 
2 
two periods, one of which shall be at least six (6) hours in length, and the 
3 
interval between the two periods of rest shall not exceed fourteen (14) 
4 
hours. 
5 
 
6 
In exceptional cases, seafarers in watchkeeping duties may be 
7 
required to work beyond fourteen (14) hours: Provided, that the rest period 
8 
is not less than seventy (70) hours in any seven-day period; Provided, 
9 
further, that such watchkeeping duties shall not be allowed for more than 
10 
two (2) consecutive weeks; Provided, finally, that the intervals between 
11 
the two (2) periods shall not be less than twice the duration of the 
12 
exception. 
13 
 
14 
Seafarers shall be granted reasonable periods of shore leaves while 
15 
the vessel is docked for the benefit of their health and well-being, subject 
16 
to proportionate and specifically adopted rules, regulations, and measures 
17 
of the Port State.  
18 
 
19 
SECTION 27. Paid Annual Leave. – Unless a higher annual leave 
20 
is already provided in the employment contract, or under a CBA, or by the 
21 
shipowner as company practice or policy, the seafarers shall be paid an 
22 
annual leave, to be calculated on the basis of a minimum of 4.5 calendar 
23 
days per month of employment, without prejudice to any future increases 
24 
as may be prescribed by laws, rules, or regulations; Provided, that the 
25 
following shall not be counted as part of the annual paid leave: 
26 
 
27 
(a) 
Public and customary holidays of the Philippines, whether or not 
28 
they fall during the paid annual leave; 
29 
 
30 
(b) 
Periods of incapacity for work (i) resulting from illness or injury; (ii) 
31 
due to maternity or paternity leave in accordance with law; 
32 
 
33 
(c) 
Temporary shore leave granted to a seafarer while employed; or 
34 
 
35 
(d) 
Compensatory leave of any kind. 
36 
 
37 


 
SECTION 28. Wages. – Without prejudice to higher rates provided 
1 
under the Standard Employment Contract, or under a CBA, or by the 
2 
shipowner as company practice or policy, the minimum wage applicable 
3 
to seafarers on board ocean-going ships of Philippine or foreign registry 
4 
shall be as provided in the Standard Employment Contract, which in no 
5 
case be lower than the prevailing industry standard on ocean-going 
6 
seafaring wage rates for officers and other members of the ship’s crew, 
7 
and regularly paid in full at least once a month. 
8 
 
9 
SECTION 29. Remittance of Wages. – Shipowners shall provide 
10 
the appropriate facilities and assistance to the seafarer to enable the 
11 
seafarer to remit his/her wages to his/her designated allotee/s in the 
12 
Philippines through any authorized Philippine bank or financial 
13 
intermediary; Provided, that such allotment shall not be less than eighty 
14 
percent (80%) of the seafarer’s monthly basic salary. 
15 
 
16 
SECTION 30. Limitations on Wage Deductions. – A deduction 
17 
from the seafarer’s wages shall not be made without his/her written 
18 
consent unless the deduction is provided for in the contract of employment 
19 
and/or is authorized by law.  
20 
 
21 
SECTION 31. Personal Effects. – A seafarer may bring a 
22 
reasonable number of articles for personal use on board the ship; 
23 
Provided, that this shall not inconvenience the ship or cargo or pose any 
24 
risk on board the ship. If the seafarers’ personal effects are lost or 
25 
damaged as a result of shipwreck, loss or stranding, abandonment of the 
26 
vessel, or as a result of fire, flooding, collision, or piracy, the shipowner 
27 
shall reimburse him/her for said loss or damage, subject to limits 
28 
prescribed by existing rules and regulations, unless a higher limit is 
29 
provided under the existing CBA, but in no case lower than international 
30 
standards. 
31 
 
32 
SECTION 32. Social Welfare Benefits. – Without prejudice to 
33 
established policy, CBA, or other applicable social agreement, all 
34 
seafarers shall be members of, and receive the benefits conferred by, the 
35 
OWWA, Social Security System (SSS), Employees’ Compensation and 
36 
State Insurance Fund, Philippine Health Insurance Corporation 
37 


 
(PhilHealth), Home Development Mutual Fund (Pag-IBIG Fund), and 
1 
other applicable social protection laws, rules and regulations, as may now 
2 
or hereafter be created in favor of Filipino workers and/or OFWs. 
3 
 
4 
SECTION 33. Sick Leave and Sickness Benefits During Public 
5 
Health Emergencies. – A seafarer who has contracted an illness or 
6 
disease during public health emergencies, such as epidemics or 
7 
pandemics, while in transit, or is under quarantine, shall be entitled to paid 
8 
sick leave and sickness benefits until the seafarer joins the vessel.  
9 
 
10 
SECTION 34. Anti-Harassment and Bullying Policies On Board 
11 
Ships. – Shipowners shall ensure protection to seafarers with policies and 
12 
accessible procedures to address harassment and bullying on board 
13 
ships.  
14 
 
15 
CHAPTER VIII 
16 
ACCOMMODATION, RECREATION FACILITIES,  
17 
FOOD AND CATERING IN SHIPS 
18 
 
19 
SECTION 35. Application. – The requirements of this Chapter 
20 
covering ships of Philippine Registry shall be applicable to the following: 
21 
 
22 
(a) 
All ocean-going ships constructed on or after the date when the 
23 
MLC, 2006 come into force; 
24 
 
25 
(b) 
All ocean-going second-hand ships, acquired or leased, and 
26 
entered in the Philippine Registry after the entry date into force of 
27 
the said Convention, insofar as they can be reasonably refitted, 
28 
unless provided exemption by the relevant Philippine government 
29 
agency; and  
30 
 
31 
(c) 
All ocean-going ships constructed prior to the entry into force of the 
32 
MLC, 2006, which have undergone major or substantial structural 
33 
alterations after the entry into force of the Convention, unless 
34 
provided exemption by the relevant Philippine government agency. 
35 
 
36 


 
SECTION 36. Accommodation Facilities. – Unless otherwise 
1 
exempted herein or by appropriate regulations, all ships shall have safe, 
2 
decent, and adequate accommodations for seafarers, taking into account 
3 
the need to protect the health and safety of seafarers working or living on 
4 
board the ship. There shall be a basic shipboard facility for women, such 
5 
as separate sleeping rooms. 
6 
 
7 
SECTION 37. Requirements for Sanitation. – All ships shall have 
8 
sanitation facilities that meet the minimum standards for health and 
9 
hygiene, which shall be accessible to seafarers on board. The sanitation 
10 
facilities shall be located at convenient places, allowing for easy access 
11 
to workstations. Separate sanitation facilities shall also be provided for 
12 
male and female crew members of the ship. 
13 
 
14 
SECTION 38. Recreation Facilities. – Unless otherwise exempted 
15 
herein or by appropriate regulations, all ships shall have recreation 
16 
facilities, amenities, and services that are appropriate and accessible to 
17 
seafarers. 
18 
 
19 
SECTION 39. Food and Catering. – All ships shall ensure 
20 
protection and promotion of the health of the seafarer. Toward this end, 
21 
shipowners shall ensure that ships carry on-board and serve free food and 
22 
drinking water of appropriate quality, quantity, and nutritional value that 
23 
adequately cover the requirements of the ship and take into consideration 
24 
the differing cultural and religious backgrounds of the seafarers on board 
25 
the ship. The food and drinks in the preparation thereof shall be in 
26 
accordance with the standards of the Sanitation Code of the Philippines 
27 
and pertinent laws, rules, and regulations, and/or with international 
28 
standards. In all cases, the ship’s cooks shall be trained and qualified. 
29 
 
30 
CHAPTER IX 
31 
MEDICAL CARE AND  
32 
MARITIME OCCUPATIONAL SAFETY AND HEALTH STANDARDS 
33 
 
34 
SECTION 40. Medical Care On Board Ships and Ashore. – The 
35 
shipowner 
shall 
provide 
adequate 
medical 
facility, 
equipment, 
36 
paraphernalia, and medical supplies, including medicines on board, and 
37 


 
shall ensure access to shore facilities for the health of seafarers, as well 
1 
as the corresponding medical or trained personnel who shall provide first-
2 
aid and medical care. 
3 
 
4 
The medicine chest and its contents, the medical equipment, and 
5 
the medical guide on board shall be maintained and inspected regularly 
6 
to ensure that labeling, expiry dates, and conditions of storage of all 
7 
medicines and the directions for their use are checked, and all equipment 
8 
are functioning properly. 
9 
 
10 
The shipowner shall ensure that seafarers have access to medical 
11 
treatment for any illness or injury, hospitalization, and dental treatment 
12 
until the sick or injured seafarer has recovered or until the sickness or 
13 
incapacity has been declared of a permanent character. 
14 
 
15 
A seafarer shall have the right to consult a qualified physician or 
16 
dentist without delay in ports of call, where practicable. 
17 
 
18 
The health protection and medical care under this Section shall be 
19 
provided at no cost to the seafarer, in accordance with rules and 
20 
regulations issued for this purpose. 
21 
 
22 
SECTION 41. Protection of Seafarers from Epidemics, 
23 
Pandemics, or Other Public Health Emergencies. – Seafarers on 
24 
ocean-going ships shall be covered by adequate measures for protection 
25 
from health-related outbreaks, such as epidemics and pandemics, 
26 
including the provision of personal protective supplies and equipment, as 
27 
appropriate. 
28 
 
29 
Seafarers shall have access to prompt and adequate medical care 
30 
while on board a ship, including medical advice and confidential helplines 
31 
on physical and mental health, which shall be free of charge. 
32 
 
33 
Shipowners shall institute preventive measures in accordance with 
34 
the health regulations of the Flag State and the appropriate guidelines 
35 
issued by the World Health Organization (WHO), including the necessary 
36 
disinfection, decontamination, de-ratting, or other measures necessary to 
37 


 
prevent the spread of infection or contamination. Affected seafarers shall 
1 
also be properly isolated and treated pursuant to established guidelines 
2 
of the Flag State, the WHO, and applicable rules and regulations. 
3 
 
4 
In ports of call, seafarers in need of medical care shall have access 
5 
to medical facilities onshore. 
6 
 
7 
The transit of seafarers who are medically fit to work shall be 
8 
facilitated and exempted from travel-related, health-related, or movement 
9 
restrictions until arrival at the point of destination. 
10 
 
11 
SECTION 42. Financial Security System to Assist Seafarers in 
12 
case of Occupational Injury and Other Causes. – In accordance with 
13 
the MLC, 2006 on Financial Security for vessels, the shipowner shall 
14 
provide an expeditious and effective financial security system to assist 
15 
seafarers in the event of their abandonment and to assure compensation 
16 
for contractual claims in the event of sickness, injury, or death occurring 
17 
while they are serving under a seafarer’s employment contract, or arising 
18 
from their employment under such agreement. 
19 
 
20 
 
21 
CHAPTER X 
22 
TERMINATION OF EMPLOYMENT 
23 
 
24 
SECTION 43. Termination of Employment. –  
25 
 
26 
(a) 
The employment of seafarers on board Philippine-registered ships 
27 
operating internationally, as well as those on board foreign-
28 
registered ships, shall cease when the seafarers complete their 
29 
period of contractual service aboard the ship, signs-off from the ship, 
30 
and arrive at the destination as specified under this paragraph (b) of 
31 
this Section; 
32 
 
33 
(b) 
The employment is also terminated effective upon arrival at the point 
34 
of destination, which shall either be at the point of hire or the 
35 
seafarer’s place of domicile, at the option of the seafarer, or in case 
36 


 
of the seafarer’s incapacity or death, at the option of his/her next-of-
1 
kin, for any of the following reasons: 
2 
 
3 
(1) When the seafarer signs-off and is disembarked for medical 
4 
reasons in the event the seafarer is declared: (i) fit for 
5 
repatriation; or (ii) when after an illness, the seafarer is declared 
6 
fit to work, but the shipowner is unable to find employment for the 
7 
seafarer on board the ship originally boarded or another ship of 
8 
the shipowner; 
9 
 
10 
(2) When the seafarer signs-off due to sale of the ship, lay-up of the 
11 
ship, discontinuance of voyage or change of ship principal, 
12 
shipwreck, grounding, or unseaworthiness; 
13 
 
14 
(3) When the seafarer voluntarily resigns in writing and signs-off prior 
15 
to the expiration of contract within a reasonable period as may 
16 
be prescribed in the implementing rules and regulations of this 
17 
Act; or  
18 
 
19 
(4) When the seafarer is discharged for just causes in accordance 
20 
with the provisions of the Standard Employment Contract. 
21 
 
22 
SECTION 44. Extension of Employment. – In the event of the 
23 
extension of the term of a seafarer’s employment contract, the seafarer 
24 
shall be furnished a copy of the new, or supplemental contract covering 
25 
the extension of his employment, with adequate time to review and obtain 
26 
expert advice regarding the terms and conditions of his/her extended 
27 
employment, which shall in no case be lower than the terms of his/her 
28 
original employment. In all cases, the shipowner, or a duly authorized 
29 
representative or the manning agency shall ensure that the seafarer has 
30 
considered the effect of such an extension to any accumulated entitlement 
31 
and repatriation benefits, among others.  
32 
 
33 
Manning agencies and shipowners shall submit periodic reports to 
34 
the DMW on the welfare and well-being of seafarers subjected to such 
35 
contract extensions. 
36 
 
37 


 
CHAPTER XI 
1 
SETTLEMENT OF DISPUTES 
2 
 
3 
SECTION 45. On board and Onshore Grievance Machinery. – All 
4 
covered ships shall establish a grievance machinery and fair, effective, 
5 
and expeditious on board and onshore procedures, at no cost to the 
6 
seafarer, for the resolution of grievances or complaints. 
7 
 
8 
Any grievance or complaints shall first be referred to the appropriate 
9 
grievance mechanism provided under this Section. In cases where a 
10 
seafarer is a member of a legitimate trade union organization and covered 
11 
by a CBA, he/she shall be assisted by a union-designated representative 
12 
in the proceedings. Any agreements reached by the parties at the 
13 
grievance proceedings shall be final and binding.  
14 
 
15 
SECTION 46. Mandatory Conciliation-Mediation. – In the 
16 
absence of an agreement or settlement at the grievance machinery level, 
17 
the following rules shall apply:  
18 
 
19 
(a) 
If there is a CBA, the matter shall be submitted for voluntary 
20 
arbitration in accordance with existing laws, rules, and regulations;  
21 
 
22 
(b) 
If there is no CBA, the parties shall have the option to submit the 
23 
case to compulsory arbitration or voluntary arbitration, or 
24 
conciliation-mediation services provided under Republic Act No. 
25 
10396, otherwise known as “An Act Strengthening Conciliation-
26 
Mediation as a Voluntary Mode of Dispute Settlement for all Labor 
27 
Cases, Amending for this Purpose Article 228 of Presidential 
28 
Decree No. 442, as amended, Otherwise Known as the ‘Labor Code 
29 
of the Philippines’” and its implementing rules and regulations.  
30 
 
31 
SECTION 47. Maritime Industry Labor Arbitration. – There shall 
32 
be a pool of trained maritime industry conciliators-mediators and experts 
33 
with the appropriate competence, integrity, and knowledge of the 
34 
Philippine and global maritime industry practices and standards, MLC, 
35 
2006, and related Philippine-ratified conventions and treaties, who shall 
36 


 
handle the mediation or conciliation or arbitration of all issues relating to 
1 
the employment of seafarers.   
2 
 
3 
CHAPTER XII 
4 
REPATRIATION AND REINTEGRATION 
5 
 
6 
SECTION 48. Seafarers’ Repatriation. – In all cases of 
7 
repatriation, the affected seafarer shall be repatriated to the point of hire 
8 
or the place of domicile of the seafarer, at his/her option, or in case of 
9 
incapacity or death, at the option of his/her next-of-kin,  and all costs 
10 
related to the repatriation and/or transport of the personal effects and 
11 
remains of seafarers, including the provision on financial security in case 
12 
of abandonment of seafarers, shall be borne by or charged to the 
13 
shipowner or the manning agency concerned to expedite the repatriation 
14 
without prior determination of the cause of repatriation or termination of 
15 
the seafarer’s employment.  
16 
 
17 
SECTION 49. Repatriation Expenses; Advance and Recovery. – 
18 
The repatriation expenses, which shall be borne by or charged to the 
19 
shipowner or the manning agency concerned, shall include: 
20 
 
21 
(a) 
Basic pay and allowances from the moment the seafarers leave the 
22 
ship until they reach the repatriation destination; 
23 
 
24 
(b) 
Accommodation and food during the journey to the repatriation 
25 
destination; 
26 
 
27 
(c) 
Transportation charges, whereby the normal mode of transport 
28 
should be by air; 
29 
 
30 
(d) 
Deployment cost of the principal; and 
31 
 
32 
(e) 
Immigration fees, fines, and penalties. 
33 
 
34 
However, in cases where the termination of employment is for just 
35 
cause or upon the request of the seafarer, the cost of repatriation shall be 
36 


 
for the account of the seafarer in accordance with the employment 
1 
agreement. 
2 
 
3 
The responsibility to provide for the repatriation costs shall be 
4 
without prejudice to the right to civil, criminal or other claims in accordance 
5 
with law or otherwise, particularly in cases of maritime accident or death 
6 
other than natural causes. 
7 
 
8 
SECTION 50. Quarantine and Medical Expenses in Repatriation 
9 
Due to Infection, Epidemics or Pandemic. – Before or during the 
10 
process of repatriation, the expenses of medical care and board and 
11 
lodging for periods spent by seafarers in self-isolation or quarantine, 
12 
whether or not the seafarers have symptoms, have been exposed or are 
13 
quarantined as a safety precaution for the community, shall be covered 
14 
by the shipowner or manning agency until the seafarers have been duly 
15 
repatriated to the repatriation destination. Thereafter, medical care and 
16 
quarantine expenses after repatriation to the destination shall be borne by 
17 
the Philippine government, following the whole-of-government approach 
18 
in the management of epidemics/pandemics.  
19 
 
20 
SECTION 51. Waiver of Entitlement to Repatriation. – 
21 
Entitlement to repatriation may be waived by a seafarer; Provided, That 
22 
the waiver shall be written, made freely and voluntarily, with full knowledge 
23 
of its consequences; Provided, however, that no such waiver shall be 
24 
allowed or presumed when a seafarer is abandoned, held captive on or 
25 
off the ship as a result of acts of piracy or armed robbery against the ship, 
26 
or are incapable of traveling due to illness, injury or incapacity, or other 
27 
cases that affect the seafarer’s safety and security. 
28 
 
29 
SECTION 52. Reintegration. – In accordance with the Department 
30 
of Migrant Workers Act, seafarers may avail of the full-cycle and 
31 
comprehensive national reintegration program for seafarers, which shall 
32 
be embedded in all stages of migration for work beginning from pre-
33 
deployment, on-site during employment and upon return, whether 
34 
voluntary or involuntary, through the National Reintegration Center for 
35 
OFWs. The reintegration program shall cover the different dimensions of 
36 
support needed by the seafarer, such as economic, social, psychosocial, 
37 


 
and cultural, including skills certification and recognition of equivalency for 
1 
effective employment services, and shall ensure contribution to national 
2 
development through investments and transfer of technology from skilled 
3 
or professional seafarers.  
4 
 
5 
CHAPTER XIII 
6 
MANNING LEVELS AND COMPLIANCE AND ENFORCEMENT OF 
7 
SHIPS OF PHILIPPINE REGISTRY 
8 
 
9 
SECTION 53. Manning Levels. – Covered ships of Philippine 
10 
registry shall have the required minimum manning levels as prescribed by 
11 
the Maritime Industry Authority (MARINA). They shall, at all times, be 
12 
manned by a crew that is adequate in terms of size and qualifications 
13 
taking into account the need to operate the vessel safely and efficiently. 
14 
 
15 
SECTION 54. Crew Competence. – Every member of the crew of 
16 
a ship of an ocean-going Philippine registry shall possess, in addition to 
17 
the required medical certificate, the appropriate certificate of competency 
18 
issued by the relevant government agency/ies, setting forth his/her 
19 
competence to serve in the capacity, and perform the functions involved 
20 
at the level of responsibility, for the position held, for the type, tonnage, 
21 
power, means of propulsion, and trading patterns of the ships concerned.  
22 
 
23 
The certificate of competency shall attest that the seafarer to whom 
24 
it is issued meets the requirements for service, age, qualification, and 
25 
examinations for the position held. 
26 
 
27 
SECTION 55. Compliance and Certification. – All ocean-going 
28 
ships of Philippine registry shall comply with the provisions of this Act. The 
29 
shipowner and master shall ensure the compliance of the ship with this 
30 
Act and its implementing rules and regulations, who shall be made 
31 
principally liable for any violation thereof.  
32 
 
33 
For this purpose, a Maritime Labour Certificate or a certificate of 
34 
compliance, as applicable, shall be issued in accordance with the 
35 
implementing rules and regulations of this Act.  
36 
 
37 


 
SECTION 56. Inspection and Enforcement. –  
1 
 
2 
(a) 
The Secretary of DMW, or his/her duly authorized representative, 
3 
shall have the authority to inspect all covered ships of Philippine 
4 
registry to ensure compliance with labor standards and occupational 
5 
safety and health as provided under this Act. 
6 
 
7 
The enforcement and compliance monitoring activities may be 
8 
coordinated and conducted by the DMW, with the relevant 
9 
government agencies, including DOLE, MARINA and PCG, in 
10 
conjunction with their schedules for inspection and certification. 
11 
 
12 
The Secretary of DMW, or his/her duly authorized representative 
13 
shall have the power to order immediate correction of, and impose 
14 
fines for, violations of the relevant provisions of this Act. 
15 
 
16 
If the violation or deficiency constitutes a serious breach of the 
17 
requirement of this Act and its implementing rules and regulations 
18 
or poses an imminent danger to the ships, and/or to the life or limbs 
19 
of the seafarer, the Secretary of DMW, or his/her duly authorized 
20 
representative shall coordinate with the PCG to order the detention 
21 
of the ship immediately until the violation or deficiency is corrected 
22 
or until a plan of action to rectify the non-conformities is shown to be 
23 
implemented in an expeditious manner.  
24 
 
25 
(b) 
The Philippine Coast Guard (PCG) shall have the authority to 
26 
conduct port state control inspections of vessels, including all 
27 
foreign-flagged vessels, calling at any port of the Philippines, for the 
28 
promotion of safety of life and property at sea, control and 
29 
prevention of maritime pollution, and verification of compliance with 
30 
the minimum standards of training and social condition of officers 
31 
and crew on board the ships. The PCG shall assist relevant 
32 
agencies in the enforcement of the provisions of this Act and its 
33 
implementing rules and regulations, and the MLC, 2006. 
34 
 
35 


 
The conduct of port state controls shall be in accordance with 
1 
international conventions and instruments ratified or to be ratified in 
2 
the future.  
3 
 
4 
The PCG Commandant or his/her duly authorized representative 
5 
shall have the power to order immediate correction of, and impose 
6 
fines for, violations of the relevant provisions of this Act. 
7 
 
8 
The PCG shall prohibit a ship from leaving port upon the order of 
9 
the Secretary of DMW, or in case of finding of non-compliance with 
10 
the provisions of this Act and the MLC, 2006 and/or its amendments 
11 
and the conditions on board are clearly hazardous to the safety, 
12 
health, or security of seafarers. In all cases, the prohibition to leave 
13 
the port shall be in place until the same have been rectified or until 
14 
a plan of action to rectify the non-conformities is shown to be 
15 
implemented in an expeditious manner, and cleared by the 
16 
Secretary of DMW.  
17 
 
18 
SECTION 
57. 
Recognized 
Organizations. 
– 
Recognized 
19 
organizations may be authorized by the Secretary of DMW to conduct 
20 
inspection and issue certification in accordance with the provisions of this 
21 
Act and its implementing rules and regulations.  
22 
 
23 
A recognized organization shall have the necessary knowledge of the 
24 
requirements of this Act and its implementing rules and regulations, MLC, 
25 
2006, and other relevant international treaties or conventions. 
26 
 
27 
A recognized organization shall also have the necessary and qualified 
28 
professional, technical, and support expertise to carry out the conduct of 
29 
inspection and issuance of certification. 
30 
 
31 
CHAPTER XIV 
32 
SHIPBOARD TRAINING OF CADETS 
33 
 
34 
SECTION 58. Applicability. – The provisions of Sections 5 to 17 
35 
(Seafarers’ Rights), Sections 18 to 19 (Women in the Maritime Industry), 
36 
Section 22 (Medical Certificate), Sections 35 to 39 (Accommodation, 
37 


 
Recreation Facilities, Food and Catering in Ships), Section 40 (Medical 
1 
Care On Board Ships and Ashore), Sections 45 to 47 (Settlement of 
2 
Disputes), Sections 48 to 52 (Repatriation and Reintegration) shall apply 
3 
with respect to the training of cadets.  
4 
 
5 
SECTION 59. Shipboard Training Agreement for Cadets. – 
6 
There shall be a written agreement among the shipowner, the cadet, and 
7 
the maritime institution or school, which shall embody the following 
8 
information, terms, and conditions: 
9 
 
10 
(a) 
Cadet’s full name, date of birth, birthplace, and age, which should 
11 
be at least 16 years old; 
12 
 
13 
(b) 
Name and address of maritime institution or school; 
14 
 
15 
(c) 
Name and address of shipowner and its manning and placement 
16 
agency, if applicable; 
17 
 
18 
(d) 
Place and date when the agreement is entered into; 
19 
 
20 
(e) 
Capacity in which the cadet is to be trained; 
21 
 
22 
(f) 
The amount of the cadet’s allowance or stipend, if applicable; 
23 
 
24 
(g) 
Required number of hours of training and rest which shall not be 
25 
less than the prescribed hours of rest in Section 23 of this Act; 
26 
 
27 
(h) 
Duties and responsibilities of the sponsoring company, the Maritime 
28 
Higher Educational Institution (MHEIs), and cadets, as may be 
29 
provided prevailing cadet training agreement standards; and 
30 
 
31 
(i) 
Other benefits in accordance with existing laws, company policy, or 
32 
agreements. 
33 
 
34 
In no case shall cadets perform activities outside of the scope of the 
35 
cadet shipboard training program. 
36 
 
37 


 
The foregoing agreement shall be in a language familiar to and 
1 
understood by all parties or in English, executed in four (4) original copies 
2 
before the commencement of the shipboard training. The shipowner, 
3 
cadet and the maritime institution/school shall each have a signed original 
4 
of the agreement, and an electronic copy thereof shall be submitted to the 
5 
DMW. A signed original copy shall also be made available on-board the 
6 
ship. 
7 
 
8 
SECTION 60. No Discrimination of Women for Shipboard 
9 
Training. – Women cadets shall be accorded equal access to training and 
10 
shall not be discriminated against for shipboard training. 
11 
 
12 
CHAPTER XV 
13 
INCENTIVES AND AWARDS GRANTED TO THE MARITIME 
14 
INDUSTRY 
15 
 
16 
SECTION 61. Incentives and Awards. – There shall be 
17 
established an incentives and awards system for the maritime industry 
18 
stakeholders, which shall be developed and administered by the 
19 
concerned government agency upon consultation with the Maritime 
20 
Industry Tripartite Council (MITC). 
21 
 
22 
Under such rules and regulations that may be promulgated, 
23 
deserving shipowners, seafarers, manning, and other organizations or 
24 
entities shall be commended or awarded for their outstanding 
25 
performance in upholding the rights of seafarers and complying with this 
26 
Act. 
27 
 
28 
CHAPTER XVI 
29 
ROLE OF GOVERNMENT AGENCIES 
30 
 
31 
SECTION 62. Role of Government Agencies. – The following 
32 
government agencies shall perform the following functions to promote the 
33 
welfare and protect the rights of seafarers: 
34 
 
35 
(a) 
Commission on Higher Education (CHED). CHED shall set the 
36 
standards and monitor the performance of maritime education 
37 


 
programs and maritime higher education institutions, ensuring that 
1 
quality maritime education, including curricula and training 
2 
programs, are structured and delivered in accordance with the 
3 
written programs, methods, and media of delivery, procedures, and 
4 
course materials compliant with international standards prescribed 
5 
under the STCW Convention and its amendments. For this purpose, 
6 
CHED shall be in close coordination with the MARINA.  
7 
 
8 
(b) 
Department of Migrant Workers (DMW). The DMW shall review 
9 
and improve on the working conditions and terms of employment of 
10 
the officers and crew of vessels covered under this Act. It shall 
11 
likewise ensure that the standards set forth under this Act, the MLC, 
12 
2006, and other international treaties and conventions to which the 
13 
Philippines is a signatory are faithfully complied with and fairly 
14 
applied to seafarers. To this end, the DMW shall establish an 
15 
effective system for inspection and certification as provided under 
16 
this Act to ensure that the working and living conditions of seafarers 
17 
are met and continue to be met pursuant to the MLC, 2006. 
18 
 
19 
It 
shall 
strengthen 
its 
research 
capability 
to 
provide 
20 
studies/resources for evidenced-based policy decision-making and 
21 
program development, and continuously address gaps in the 
22 
protection and welfare of the seafarers.  
23 
 
24 
It shall also continue to develop, enhance, and increase the 
25 
accessibility of its gender and women empowerment and training 
26 
courses for seafarers to the maritime industry, which shall be made 
27 
available in any format, including digital and/or e-learning format. 
28 
 
29 
It shall extend immediate assistance to seafarers, or their families 
30 
or next-of-kin, including the repatriation of distressed seafarers, and 
31 
any other analogous help or intervention. 
32 
 
33 
(c) 
Department of Foreign Affairs (DFA). DFA, through its consular 
34 
offices or foreign service posts, in coordination with the appropriate 
35 
government 
agency, 
shall 
take 
priority 
action 
or 
make 
36 


 
representation with the foreign authority concerned to protect the 
1 
rights of seafarers. 
2 
 
3 
(d) 
Department of Health (DOH). DOH shall regulate the activities and 
4 
operations of all clinics which conduct medical, physical, optical, 
5 
dental, psychological, and other similar examinations, hereinafter 
6 
referred to as health examinations, on seafarers. 
7 
 
8 
The DOH shall determine and prescribe the nature of the medical 
9 
examination that shall be required of a seafarer, ensuring that such 
10 
examination will genuinely determine the seafarer’s state of health, 
11 
considering the duties that he/she shall be required to perform on 
12 
board. The DOH shall likewise prescribe the contents of the medical 
13 
certificate to ensure that such certification will genuinely reflect the 
14 
seafarer’s state of health. 
15 
 
16 
(e) 
Overseas Workers’ Welfare Administration (OWWA). The 
17 
OWWA, through its welfare officer or, in his absence, the 
18 
coordinating officer, shall provide the seafarers and his/her family 
19 
all the assistance they may need in the enforcement of contractual 
20 
obligations by agencies and/or by their principals.  
21 
 
22 
The OWWA shall likewise formulate and implement welfare 
23 
programs for overseas Filipino seafarers and their families while 
24 
they are abroad and upon their return. It shall ensure the awareness 
25 
by the overseas Filipino workers and their families of these 
26 
programs and other related governmental programs. 
27 
 
28 
(f) 
Maritime Industry Authority (MARINA). The MARINA shall ensure 
29 
that the examination, licensing, and certification system for 
30 
seafarers are in accordance with the requirements prescribed under 
31 
the STCW Convention, international agreements, other conventions 
32 
relevant thereto, and other applicable laws, rules, and regulations. 
33 
 
34 
(g) 
Philippine Coast Guard (PCG). The PCG shall undertake port 
35 
state control inspections of vessels calling at any port of the 
36 
Philippines, in accordance with international conventions and 
37 


 
standards, for the promotion of safety of life and property at sea, 
1 
control and prevention of maritime pollution, and verification of 
2 
compliance with the minimum standards of training and social 
3 
condition of officers and crew on board the ships.  
4 
 
5 
The PCG shall likewise, in line with its function to assist in the 
6 
enforcement of applicable laws within the maritime jurisdiction of the 
7 
Philippines, assist the DOLE in the enforcement of the rules and 
8 
regulations issued for the purpose of implementing the MLC, 2006, 
9 
including orders to detain vessels found in gross violation of 
10 
pertinent laws, rules and regulations. 
11 
 
12 
Unless otherwise provided in this Act, the mandate, power and 
13 
function of all existing departments, agencies, and instrumentalities of the 
14 
government, including government-owned and controlled corporations, 
15 
shall remain and continue to be recognized in accordance with law or 
16 
order creating them. 
17 
 
18 
SECTION 63. One-Stop Shop Center. – Seafarers may avail of the 
19 
assistance of One-Stop Shop Centers, as created and established under 
20 
the Department of Migrant Workers Act.  
21 
 
22 
SECTION 64. Registry of Seafarers. – The DMW shall maintain a 
23 
registry of all seafarers on board ocean-going vessels in the Philippines; 
24 
Provided, that the registry of seafarers aboard ocean-going ships shall be 
25 
integrated to the management information system established under the 
26 
Department of Migrant Workers Act. The registry shall contain updated 
27 
and relevant information or data to promote employment opportunities for 
28 
seafarers, whether on board or ashore, or to provide a list of available 
29 
training and education to support skills development and competencies of 
30 
seafarers, as well as a digitalized copy of the duly executed contract. 
31 
 
32 
The DMW shall ensure compliance with the Data Privacy Act of 
33 
2012, and its implementing rules and regulations in handling the relevant 
34 
information or data of seafarers.  
35 
 
36 


 
SECTION 65. Maritime Occupational Safety and Health 
1 
Standards. – The DOLE, in consultation with the maritime industry 
2 
stakeholders, shall formulate the Maritime Occupational Safety and 
3 
Health Standards (MOSHS) pursuant to the provisions of Republic Act 
4 
No. 11058, otherwise known as the “Occupational Safety and Health Law” 
5 
and pertinent maritime conventions and treaties ratified by the Philippines. 
6 
 
7 
CHAPTER XVII 
8 
FINAL PROVISIONS 
9 
 
10 
SECTION 66. Administrative Fines and Penalties. – Any 
11 
shipowner, master, their representatives or other person who fails or 
12 
refuses to present employment records, such as payrolls, daily time 
13 
records, payslip, or other documents, such as medical records, when 
14 
required by the individual seafarer, the Secretary of DMW or his duly 
15 
authorized representative, or the duly authorized representative of a 
16 
recognized organization, shall be subjected to administrative fines ranging 
17 
from One Hundred Thousand Pesos (Php100,000) to One Million Pesos 
18 
(Php1,000,000), in accordance with the implementing rules and 
19 
regulations of this Act. 
20 
 
21 
SECTION 67. Penalties for Violations of Section 55. Any 
22 
shipowner, master, their representatives who operate without, or fails to 
23 
present, a valid Maritime Labour Certificate, or its equivalent, shall be 
24 
punished with fines ranging from One Hundred Thousand Pesos 
25 
(Php100,000) to One Million Pesos (Php1,000,000.00), in accordance 
26 
with the implementing rules and regulations of this Act. 
27 
 
28 
SECTION 68. Penalties for Violations of Sections 56 and 57. – 
29 
Any person who, without proper authorization, exercises the authority 
30 
granted to the Secretary of DMW under Sections 56 and 57 of this Act 
31 
shall be punished with a fine of not less than Two Hundred Thousand 
32 
Pesos 
(Php200,000.00) 
nor 
more 
than 
Two 
Million 
Pesos 
33 
(Php2,000,000), or imprisonment of not less than one (1) year nor more 
34 
than four (4) years, or both at the discretion of the court. The foregoing 
35 
offense shall prescribe after five (5) years from its commission. 
36 
 
37 


 
SECTION 69. Transitory Provision. – All rights, privileges, and 
1 
benefits previously enjoyed by seafarers before the effectivity of this Act, 
2 
including those set forth in Presidential Decree No. 442, otherwise known 
3 
as the Labor Code of the Philippines, as amended, and Republic Act No. 
4 
8042, otherwise known as the “Migrant Workers and Overseas Filipinos 
5 
Act of 1995,” as amended, shall continue to be recognized and shall not 
6 
be diminished after the effectivity of this Act. 
7 
 
8 
The Transition Period provided under Section 23 of the Department 
9 
of Migrant Workers Act shall likewise be taken into consideration. 
10 
 
11 
SECTION 70. Implementing Rules and Regulations. – Within 
12 
ninety (90) days from the effectivity of this Act, the DMW, in coordination 
13 
with DOLE, DFA, MARINA, CHED, TESDA, PCG, OWWA, and other 
14 
concerned agencies, and upon consultation with relevant stakeholders, 
15 
shall formulate the rules and regulations for the effective implementation 
16 
of this Act. 
17 
 
18 
SECTION 71. Separability Clause. – If, for any reason, any 
19 
section, clause or term of this Act is held to be illegal, invalid, or 
20 
unconstitutional, such parts not affected by such declaration shall remain 
21 
in full force and effect. 
22 
 
23 
SECTION 72. Repealing Clause. – All laws, presidential decrees, 
24 
issuances, executive orders, letters of instruction, rules, and regulations 
25 
inconsistent with the provisions of this Act are hereby repealed or modified 
26 
accordingly. 
27 
 
28 
SECTION 73. Effectivity Clause. – This Act shall take effect fifteen 
29 
(15) days after its publication in the Official Gazette or in a newspaper of 
30 
general circulation. 
31 
 
32 
 
Approved, 
33