<• 1%
EIGHTEENTH CONGRESS OF THE REPUBLIC 
) 
f ,.n
OF THE PHILIPPINES 
) 
' 
m u t t‘ ’r 
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First Regular Session
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SENATE
20 
crq 19 P4:52
Introduced by Senator Maria Lourdes Nancy S. Binay
ESTABLISHING THE MAGNA CARTA OF FILIP IN O  SEAFARERS
EXPLANATORY NOTE
Article II, Section 18 of the 1987 Philippine Constitution provides:
"The State affirms labor as a primary social economic for. It shall 
protect the rights of workers and promote their welfare."
The Philippines is the world's biggest source of seafarers accounting for 
approximately 380,000 of 1.5 million seafarers worldwide according to the data 
from 
the 
Philippine 
Statistical 
Authority and 
the 
International 
Maritime 
Organization.
Despite the significant role of the Filipino seafarers in our country they have been 
overlooked and lacked adequate support from the state.
Therefore, this proposed 
measure seeks the creation of set laws that 
concentrates on the welfare and needs of our Filipino seafarers. The Magna 
Carta of Filipino Seafarer guarantees the protection and promotion of their rights 
by establishing standards for their duties, requirements, training, terms and 
conditions of employment, repatriation, manning requirement, food and facilities, 
health protection and medical care, social security, settlement of disputes, 
reintegration, and incentives.


In view of the foregoing, the passage of this measure is earnestly sought.
MARIA LOURDES N A N ^S . BINAY 
Senator


EIGHTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES
First Regular Session
SENATE
s.B. NO. 1 3 6 9
)
(lit/ I*
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) 
‘C'uu'c t,' 
,^rri rf/ir^>
20 
19 P4:52
iu-LL!--M—1-
Introduced by Senator Maria Lourdes Nancy S. Binay
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AN ACT
ESTABLISHING THE MAGNA CARTA OF FILIP IN O  SEAFARERS
Be it enacted by the Senate and House o f Representatives o f the Phiiippines in 
Congress assembied:
CHAPTER I
GENERAL PROVISIONS
Section 1. Short Title. -  This Act shall be known as the "Magna Carta of 
Filipino Seafarers"
State:
Sec. 2. Declaration o f Policy. -  It is hereby declared the policy of the
(a) To recognize the rights, contributions and unique role of 
Filipino seafarers as maritime professionals, as well as their 
vulnerabilities, and afford them full protection before, 
during and after their employment;
(b) To maintain and progressively develop a pool of competent 
and world-class domestic and international seafarers for all 
officer ranks and ratings, as well as service personnel on 
special types of vessels, through a system of education, 
training, accreditation and licensing;


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(c) To 
establish 
mechanisms 
for 
the 
enhancement 
of 
administrative, adjudicative, social as well as welfare 
services for them and their families;
(d) To enact laws that ratify, adopt, and implement the 
standards set by international conventions and agreements 
on safety, working conditions, and working hours, among 
others for seafarers particularly the Maritime Labour 
Convention of 2006; and
(e) To 
recognize 
manning 
and 
recruitment 
entities and 
organized labor as vital partners in promoting the skill and 
competence of Filipino seafarers and protecting their rights 
prior to, and post employment by offering these manning, 
recruitment and organized labor entities fiscal and tax 
incentives;
Toward these ends, the State shall endeavor to improve the Filipino 
seafarers' working conditions, terms of employment, career prospects and 
provide them opportunities to harness their potentials to the fullest. The State 
shall further work to uplift the socio-economic well-being of the Filipino seafarers' 
families.
Sec. 3. Applicability. -  This Act shall cover Filipino seafarers engaged, 
employed, or working in any capacity on board Philippine registered ships 
operating domestically or internationally as well as those on-board foreign 
registered ships.
This Act shall not cover the following categories of ships:
(a) Warships and naval auxiliaries;
(b) Government ships not engaged in commercial operations;
(c) Ships of traditional built, as may be defined under existing 
rules and regulations; and
(d) Fishing vessels.
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shall:
Sec. 4. Definition o f Terms. -  As used in this Act, the following terms
(a) "Cadet" refers to the student of maritime educational 
institutions who is required to undergo training on-board 
registered international ships or domestic ships to fulfill a 
maritime academic course;
(b) "Domestic Shipping" refer to the transport of passenger or 
cargo or both by ships duly registered and licensed under 
Philippine law to engage in trade and commerce between 
Philippine ports and within Philippine territorial or internal 
waters for hire or compensation with general or limited 
clientele whether permanent, occasional or incidental with 
or without fixed routes and done for contractual or 
commercial purposes;
(c) 
International 
Maritime 
Convontion" 
or 
"International 
Convention" refer to any written treaty or agreement, or 
0ny protocol or amendment thereto, affecting the maritime 
industry which has come into force and effect, including the 
Maritime Labour Convention of 2006;
(d) "License" refers to the document issued by the Department 
of Labor and Employment (DOLE) authorizing any person or 
entity to engage in the recruitment and placement of 
seafarers;
(e) "Manning/Recruitment and Placement Agency" refers to any 
Filipino person, corporation, partnership, company, etc. 
who is engaged in the canvassing, enlisting, contracting, 
transporting, utilizing, hiring or procuring whether for profit 
or not, of seafarers whether domestic or international;


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(f) "Maritime Industry Stakeholders" refers to all 
private 
sectors stakeholders, engaged in the business of owning, 
managing, 
chartering 
and/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) "Master" refers to a person having command of a ship;
(h) "Maritime Labour Certificate" refers to the document that 
certifies the working and living conditions of the seafarers 
on 
the 
ship 
have 
been 
inspected 
and 
meet 
the 
requirements of Philippine laws and regulations;
(i) 
"Officer" refers to a member of the crew other than the 
master who has been designated as such under national 
law or regulation or in the absence of such designation by 
collective agreement or custom;
(j) 
"Deck Officer" refers to an officer qualified in accordance 
with 
the 
provisions 
under Chapter 
II 
of the 
1978 
International Convention on the Standards of Training, 
Certification and Watchkeeping for Seafarers (STCW);
(k) "Engine Officer" means an officer qualified in accordance 
with the provisions under Chapter III of the 
1978 
International Convention on the Standards of Training, 
Certification and Watchkeeping for Seafarers (STCW);
(l) 
"Philippine Seafarers' One Stop Processing Center (PSOC)" 
refers 
to 
the 
facility 
center 
which 
houses 
multiple
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offices/agencies involved in providing services to seafarers 
in one roof;
(m) "Point of Hire" refers to the place where the contract of 
employment was executed;
(n) "Recognized 
Organizations" 
refers 
to 
organizations 
recognized by the DOLE to carry out inspections and/or 
issue the Maritime Labour Certificate in accordance with the 
scope of activities covered by their authorizations;
(o) "Repatriation" refers to the process of returning a seafarer 
to the point of hire;
(p) "Seafarer" refers to all persons who are employed or are 
engaged or work in any capacity on board a ship to which 
the Act applies;
(q) "Ship" or "Vessel" refers to any kind, class or type of craft 
or artificial contrivance capable of floating 
in water, 
whether publicly or privately owned, ordinarily engaged in 
commercial activities and offshore operations, except fixed 
platform;
(r) "Sea Going Ship" refers to a ship other than those which 
navigate exclusively inland water or in water within or 
closely adjacent to sheltered water or areas where port 
regulations apply; and
(s) "Shipowner" refers to the owner of the ship hiring Filipino 
seafarers to work on board domestic ships and ships 
engaged in international trade, or any other organizations 
or person, such as the manager, agent or bareboat 
charterer, who has assumed the responsibility for operation 
and management of the ship, and who, on assuming such 
responsibilities, has agreed to take over all the attendant 
duties and responsibilities of a shipowner under this Act,
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regardless of whether any other organizations or persons 
fulfill certain of the duties or responsibilities on behalf of 
the shipowner.
CHAPTER I I  
SEAFARER'S RIGHTS
Sec. 5. Right to Just Terms and Conditions o f 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 ship;
(c) medical care, welfare measures and other forms of health 
and social protection; and
(d) fair terms and conditions of employment including salary 
commensurate to their rank, hours of work, and other 
relevant basis for wage computation, minimum number of 
working hours, rest period consistent with Philippine laws or 
international maritime conventions, when applicable.
Sec. 6. Right to Seif-organization, to Engage in Collective Bargaining and 
to Participate in Democratic Exercises. -  Seafarers shall enjoy their right to self­
organization, to collective bargaining and to participate in the deliberation of 
issues and in the formulation of polices that affect them, including the guarantee 
of 
representation 
in 
governing 
boards 
or 
appointment 
in 
government 
instrumentalities.
Sec. 7. Right to Educational Advancement and Training a t Reasonable and 
Affordable Costs. -  Seafarers shall have access to educational advancement and 
training at reasonable and affordable costs.


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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 to new 
demands in the industry; and
(c) Promote quality maritime education and training that 
respond to the needs of the industry and in accordance 
with 
minimum 
international 
maritime 
standards 
of 
competency.
Sec. 8. Right to Relevant Information. -  Shipowners, manning agencies, 
and other organizations responsible for the recruitment and placement of Filipino 
seafarers shall be mandated to provide seafarers relevant information. This right 
shall include the right of seafarers organization to relevant information affecting 
the terms and conditions of employment of their members.
All ships covered by this Act shall have a copy of the Maritime Labour 
Convention, 2006 and the grievance procedures available on-board.
Sec. 9. Right to Consultation. -  Seafarers, shipowners and legitimate 
seafarers' and shipowners' organizations, as well as other relevant stakeholders, 
shall be adequately consulted before adopting any maritime policy, executive 
issuance, rule or regulation or in the enactment of any maritime law that may 
directly affect them and/or their families and beneficiaries.
Sec. 10. Right Against Discrimination. -  Upon employment, seafarers shall 
have the right against discrimination by sole reason of race, sex, religion and 
poiitical opinion. Career opportunities shall be promoted and appropriate working


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and living conditions shall be guaranteed equally among male and female 
seafarers.
Sec. 11. Right to Free Legal Representation. -  Seafarers who are victims 
of violations of the provisions of this Act and who cannot afford the services of a 
competent and independent counsel shall have the right to free legal assistance 
and protection at government's expense subject to existing rules and regulations.
Sec. 12. Right to Access to Communication. -  Seafarers, especially during 
their free time or off-duty shall have reasonable access to ship-to-shore 
telephone communications, and email and internet facilities, where available.
CHAPTER I I I  
SEAFARER'S DUTIES
Sec. 13. Duties. -  Seafarers shall have the following duties:
(1) To comply with and observe the terms and conditions of 
his/her employment contract;
(2) To abide by lawful and reasonable company personnel 
policies;
(3) To be obedient to the lawful commands of the Master or 
any person who shall lawfully succeed him/her and to 
comply with the shipowner's/principal's policy on safety and 
operational procedures and instructions given in connection 
therewith;
(4) To be diligent in his/her duties relating to the ship, its 
stores, equipment and cargo, whether on board, in transit 
or ashore;
(5) To conduct himself/herself at all times in an orderly and 
respectful 
manner 
towards 
shipmates, 
passengers.


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shippers, stevedores, port authorities, and other persons 
who have official business with the ship; and
(6) To take personal responsibility for his health at all times by 
practicing a healthy lifestyle.
CHAPTER IV
M IN IM U M  REQUIRMENTS FOR SEAFARERS
Sec. 14. Minimum Age. -  No person below eighteen years old (18), other 
than a cadet, shall be employed, engaged, or otherwise allowed to work on 
board Philippine registered ships operating domestically or internationally as well 
as those on-board foreign registered ships.
Sec. 15. Medical Certificates. -  No seafarer shail be empioyed, engaged, 
or otherwise allowed to work on board a domestic or ocean-going ship unless 
certified as medically fit to perform his/her duties.
Seafarers shall hold a valid medical certificate issued by a medical facility 
duly accredited by the Department of Health (DOH) in accordance with its 
existing rules and regulations.
The medical certificate shall certify that the person is expected to be able 
to meet the minimum requirements for performing the duty specific to his/her 
post at sea safely and effectively during the period of validity of the certificate.
For the purpose of this section, a medical certificate issued in accordance 
with the requirements of the STCW shali be accepted.
Sec. 
16. 
Training and Quaiifications. -  Only seafarers certified by 
appropriate government agencies shall work, be employed or be engaged on­
board a ship.
Sec. 17. Recruitment and Piacement. -  Only duly licensed manning or 
placement and recruitment agency shall be allowed to operate and engaged in


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the recruitment and placement of seafarers, in accordance with the rules and 
regulations as may be issued by the Secretary of Labor and Employment.
No amount or fee shall be charged to the seafarer in the recruitment and 
placement.
Sec. 18. Contracting or Subcontracting o f Services. -  Contracting or 
subcontracting work arrangement involving seafarers on-board domestic ships 
shall be governed by existing rules and regulations issued by the Department of 
Labor and Employment.
CHAPTER V 
CADETSHIP
Sec. 19. Appiicabiiity. -  The following provisions of this Act shall be 
applicable in the shipboard training of cadets:
(a) Sec. 8 (Right to Relevant Information);
(b) Sec. 10 (Right Against Discrimination);
(c) Sec. 11 (Right to Free Legal Representation);
(d) Sec. 12 (Right to Access to Communication);
(e) Sec. 15 (Medical Certificate);
(f) 
Chapter VII (Repatriation);
(g) Chapter IX (Accommodation, Recreational Facilities, Food 
and Catering); and
(h) Sec. 42 (On-Board and Onshore Grievance Machinery).
Sec. 20. Shipboard Training Agreement for Cadets. -  There shall be a 
written agreement between the shipowner on one hand, and the cadet and the 
maritime institution/school on the other, which shall embody the following terms 
and conditions:
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(a) The cadet's full name, date of birth, age (at least 16 years 
old) and birthplace;
(b) The maritime institution's/school's name and address;
(c) The shipowner's name and address, if applicable;
(d) The place and date when the cadet's agreement is entered 
into;
(e) The capacity in which the cadet is to be trained;
(f) The amount of the cadet's allowance or stipend, 
if 
applicable;
(g) Required number of hours of training and rest which would 
not be less than the prescribed hours of work and rest in 
Sec. 21 of this Act; and
(h) Other benefits in accordance with law, company policy or 
agreements.
The foregoing agreement shall be in a working language or in English, 
executed in three (3) original copies before the commencement of the shipboard 
training. The shipowner, cadet and the maritime institution/school shall each 
have a signed original of the agreement and an electronic copy thereof shall be 
submitted to the Department of Labor and Employment (DOLE) through the 
Bureau of Working Conditions (BWC). A signed original shall also be made 
available on-board the ship.
Maritime Higher Education Institutions (MHEIs) shall demonstrate that 
over the last three (3) years, an average of at least seventy percent (70%) of 
students enrolled in their Bachelor of Science in Marine Transportation (BSMT) or 
BSMarE programs are able to secure cadet berths in connection with their 
studies. CHED, in coordination with MARINA, shall ensure that only BSMT or 
MSMarE programs in MHEIs that meet the above requirement are conferred 
approved or accredited status.
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CHAPTER V II
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TERMS AND CONDITIONS OF EMPLOYMENT
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Sec. 21. Standard Employment Agreement for Seafarers. -  There shall be
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an agreement in writing between the shipowner and the seafarer, which shall
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include the following terms;
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(a) the seafarer's full name, date of birth or age, 
and
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birthplace;
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(b) the shipowner's name and address;
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(c) the place where and date when the seafarer's employment
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agreement is entered into;
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(d) the capacity in which the seafarer is to be employed;
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(e) the amount of the seafarer's salary, and the formula used
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for calculating the same;
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(0 hours of work and hours of rest;
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(g) wages and 
wage-related 
benefits, 
which 
include 
the
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following:
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(1) overtime pay;
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(2) holiday pay;
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(3) premium pay;
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(4) paid leaves; and
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(5) 13th month pay, if applicable;
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(h) social security and welfare benefits;
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(i) stipulation on repatriation or similar undertakings;
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(j) separation pay and retirement pay, if applicable;
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(k) reference to collective bargaining agreement, if applicable;
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and
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(I) 
other benefits in accordance with law, company policy or
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agreements.
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The foregoing employment agreement shall be in a working language or in
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English, executed in three (3) original copies before the commencement of the
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employment. The shipowner and the seafarer shall each have a signed original of
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the agreement. A signed original shall be made available on-board the ship.
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For seafarers on-board foreign registered ships, the Standard Employment
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Contract (SEC) approved by the Department of Labor and Employment (DOLE)
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shall be observed.
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When there is a collective bargaining agreement; a copy thereof must be
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maintained on-board the ship and readily accessible to the seafarers;
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Sec. 22. Wages. -  Upon effectivity of this Act, the Regional Tripartite
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Wages and Productivity Board shall set the minimum wage rates of the seafarers
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on-board 
ships engaged 
in domestic shipping, taking 
into account the
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peculiarities of the employment arrangement of seafarers and the criteria as
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determined pursuant to Republic Act No. 6727, Provided, That wages for actual
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work hours and days shall not be lower than the applicable minimum wage rates
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in the head office of the shipowner. Wages shall be paid at least once every two
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weeks or twice a month at intervals not exceeding sixteen (16) days.
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Sec. 23. Hours o f work and hours o f rest. -  The normal hours of work of
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seafarers shall not exceed eight (8) hours a day. If the seafarer is allowed to
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work beyond eight (8) hours, the maximum hours of work shall not exceed
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fourteen (14) hours in any 24-hour period and seventy two (72) hours in any
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seven-day period.
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The minimum hours of rest for every seafarer shall not be less than ten
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hours (10). Hours of rest may be divided into no more than two periods, one of
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which shall be at least six (6) hours in length, and the interval between
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consecutive periods of rest shall not exceed fourteen (14) hours.
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In exceptional cases, seafarers in watchkeeping duties may be required to
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work beyond fourteen (14) hours provided that the rest period is not less than
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seventy (70) hours in any seven-day period. This exception shall not be allowed 
for more than two (2) consecutive weeks. The intervals between two (2) periods 
of exceptions shall not be less than twice the duration of the exception.
Sec. 24. Paid Annual Leave. -  Whenever applicable, the seafarers shall be 
paid an annual leave to be calculated on the basis of a minimum of 2.5 calendar 
days per month of employment.
For ships licensed to engage in domestic shipping, the rules found in Book 
Three Chapter III, on "Holidays', Service Incentives Leave and Service Charges" 
of the Labor Code of the Philippines shall continue to apply and shall be 
considered as substantially complying with international standards unless higher 
annual leave is already provided under the Collective Bargaining Agreement or by 
the shipowner as company practice or policy.
CHAPTER V II 
REPATRIATION
Sec. 25. Repatriation. -  Seafarers shall be entitled to repatriation. All costs 
related to the repatriation and/or transport of the personal effects of a seafarer 
shall be borne by or charged to the shipowner and the manning agency 
concerned. The expenses of repatriation shall include the transportation charges, 
pay and allowances from the moment the seafarers leave the ship until they 
reach the repatriation destination, the accommodation and the food of the 
seafarer during the journey and transportation of 30kg of the seafarers' personal 
luggage to the repatriation destination. However, in cases where the termination 
of employment is due solely to the fault of the seafarer, the shipowner or 
manning agency shall not in any manner be responsible for the cost of the 
repatriation of the former and/or his/her personal effects.
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Sec. 
26. 
Emergency Repatriation for Seafarers On-board Foreign 
Registered Ships. -  The Overseas Workers Welfare Administration (OWWA), in 
coordination with the Department of Foreign Affairs (DFA) and in appropriate 
situations, with international agencies, shall undertake the repatriation of 
seafarers in cases of war, epidemics, abandonment of ships by shipowners, 
disasters or calamities, natural or man-made, and other similar events without 
prejudice 
to 
reimbursement 
by 
the 
responsible 
shipowner 
or
manning/recruitment and placement agency within sixty (60) days of notice. In 
such case, the POEA shall simultaneously identify and give notice to the 
shipowners or agency concerned.
The DFA shall take the lead in the repatriation of the effected seafarers in 
areas where there are no Philippine Overseas Labor Offices (POLO) present.
Sec. 27. Repatriation for Seafarers On-board Domestic Ships. -  The 
provisions on repatriation shall also apply to seafarers working on domestic 
ships. Seafarers on-board domestic ships shall be entitled to emergency 
repatriation in cases of war, epidemics, abandonment of ships by shipowners, 
disasters or calamities, natural or man-made, and other similar events.
CHAPTER V III 
MANNING REQUIREMENT
Sec. 28. Manning Levels. -  All ships of Philippine registry shall have the 
required 
minimum 
manning 
levels in accordance with the requirements 
prescribed by MARINA.
Every ship shall be manned by a crew that is adequate in terms of size 
and qualifications taking into account the need to operate the vessel safely and 
efficiently.
Sec. 29. Crew Competence. -  Every member of the crew of a ship of 
Philippine Registry shall possess the appropriate certificate of competency setting
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forth his 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. 30. Registry o f 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 seafarers in the Philippines. The registry shall 
contain the relevant information or data to promote employment opportunities 
for seafarers whether on board or ashore, or allow for further training and 
education to support skills development and competencies of seafarers in order 
to secure or improve employment opportunities as may be provided in the 
Implementing Rules and Regulations.
CHAPTER IX
ACCOMMODATION, RECREATIONAL FACILITIES, FOOD AND CATERING
Sec. 31. Application. -  The requirements of this Chapter for crew 
accommodation and recreational facilities covering ships of Philippine Registry 
shall be applicable to the following:
(a) All ocean-going and domestic ships constructed on or after 
the date when the Maritime Labor Convention of 2006 
came into force;
(b) All second hand ships, whether ocean-going or domestic, 
acquired or leased, and entered in the Philippine Registry 
after the entry date into force of the said Convention unless 
provided exemption by the relevant Philippine government 
agency; and
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(c) All ships constructed prior to the entry into force of the 
Maritime Labour Convention, 2006, as the case may be, 
which undertake major or substantial structural alterations 
after the entry into force of the Convention unless provided 
exemption by the relevant Philippine government agency.
Sec. 32. Accommodation Facilities. -  Unless otherwise exempted herein or 
by appropriate regulations, all ships of Philippine registry shall have safe, decent 
and adequate accommodations for seafarers taking into account the need to 
protect the health and safety of seafarers working or living on board.
Sec. 33. Requirements for Sanitation. -  All ships of Philippine registry shall 
have sanitation facilities meeting the minimum standards for health and hygiene 
and accessible to seafarers on-board. The sanitation facilities shall be located at 
convenient places, allowing for easy access to work stations. Separate facilities 
shall be provided for male and female crew.
Sec. 34. Recreational Facilities. -  Unless otherwise exempted herein or by 
appropriate regulations, all ships of Philippine registry shall have recreational 
facilities, amenities, and services appropriate and accessible for seafarers.
Domestic 
ships 
are 
exempted 
from 
this 
requirement taking 
into 
consideration the trading patterns and length of voyages of such ship which 
allow the crew to go home or to have access and make use of comparable 
facilities on land.
Sec. 35. Food and Catering. -  The shipowner shall ensure protection and 
promotion of the health of the seafarer. Whenever applicable, 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
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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 
pertinent laws, rules and regulations.
CHAPTER X
HEALTH PROTECTION AND MEDICAL CARE
Sec. 36. Medical Care On-board Ships and Ashore. -  The shipowner shall 
provide adequate medical services and medicine chest on-board, and access to 
shore facilities for the protection of the health of the seafarers, as well as the 
corresponding medical and/or trained personnel who shall provide first-aid and 
medical care pursuant to the Maritime Occupational Safety and Health Standards 
and other pertinent laws, rules and regulations.
The shipowner shall ensure that seafarers have access to treatment for 
sickness or injury, hospitalization and dental treatment.
The seafarer shall have the right to consult a qualified physician or dentist 
without delay in ports of call, where practicable.
CHAPTER X I
WELFARE AND SOCIAL SECURITY PROTECTION
Sec. 37. Social Welfare Benefits. -  Without prejudice to established policy, 
collective bargaining agreement or other applicable social agreement, all 
seafarers shall 
be 
covered 
by the Social 
Security System, 
Employees' 
Compensation and State Insurance Fund, Philhealth, Pag-IBIG Fund and other 
applicable laws.
CHAPTER X II
COMPLIANCE AND ENFORCEMENT
Sec. 38. Compliance and Certification. -  All ships of Philippine registry 
shall comply with the provisions of this Act. The shipowner or master shall
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ensure the compliance of the ship with this Act and its implementing rules and
2 
regulations.
3 
The shipowner and master, as acting shipowners' representative, shall be
4 
made principally liable for any violation of the provisions of this Act and its
5 
implementing rules and regulations.
6 
For this purpose, a Maritime Labour Certificate or a certificate of
7 
compliance, as applicable, shall be issued in accordance with the implementing
8 
rules and regulations. The DOLE, DFA and MARINA, in consultation with
9 
shipowners and seafarers' organizations, shall formulate the said implementing
10 
rules and regulations.
11
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Sec. 39. Inspection and Enforcement -  For purposes of this Act, the
13 
Secretary of Labor or his/her duly authorized representative, shall have the sole
14 
and exclusive authority to inspect all Philippine ships, domestic or ocean-going to
15 
ensure compliance with the provisions of this Act.
16 
The Secretary of Labor and Employment may authorize other government
17 
agencies or duly recognized organizations to conduct inspection and issue
18 
certification in accordance with the provisions of this Act and its implementing
19 
rules and regulations.
20 
Unless directly exercised by the Secretary of Labor and Employment, the
21 
duly authorized representative shall have the power to board ships and carry out
22 
any examination, test or inquiry which they may consider necessary in order to
23 
satisfy themselves that the standards are strictly observed.
24 
The Secretary of Labor and Employment or his/her duly authorized
25 
representative shall have the power to order immediate correction of, and
26 
impose fines for violation of the provisions of this Act.
27 
If the violation or deficiency constitutes serious breach of the requirement
28 
of this Act and its implementing rules and regulations or poses imminent danger
29 
to the ships, and/or to the life or limbs of the seafarer, the Secretary of Labor or
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his/her duly authorized representative may order the detention of the ship 
immediately until the violation or deficiency is corrected.
Sec. 40. Recognized Organization. -  Recognized Organizations may be 
authorized by the Secretary of Labor to conduct inspection and issue certification 
in accordance with the provisions of this Act and its implementing rules and 
regulations.
A recognized organization shall have the necessary knowledge of the 
requirements of this Act and its implementing rules and regulations, Maritime 
Labour Certificate, 2006 and other relevant international treaty or convention.
A recognized organization shall also have the necessary and qualified 
professional, technical and support expertise to carry out the conduct of 
inspection and issuance of certification.
CHAPTER X III
TERMINATION OF EMPLOYMENT
Sec. 41. Termination o f Empioyment -
(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 
seafarer completes his period of contractual service aboard 
the ship, signs-off from the ship and arrives at the point of 
hire.
It 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 reason in the event 
the 
seafarer 
is 
declared: 
(a) 
fit 
for
repatriation; 
or (b) fit to work but the
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employer is unable to find employment for the
2 
seafarer on-board his former ship or another
3 
ship of the employer;
4 
(2) When the seafarer signs-off due to ship's sale,
5 
lay-up of ship, discontinuance of voyage or
6 
change of ship principal, as provided for in the
7 
POEA Standard Employment Contract;
8 
(3) When the seafarer in writing, voluntarily
9 
resigns and signs-off prior to expiration of
10 
contract within a reasonable period as may be
11 
prescribed in the IRR of this Act; or
12 
(4) When the seafarer is discharged for just
13 
causes in accordance with the provisions of
14 
the POEA Standard Employment Contract.
15 
(B) The termination of employment of a seafarer on-board
16 
domestic ships shall be governed by the provisions of the
17 
Labor Code of the Philippines, as amended.
18
19 
CHAPTER XIV
20 
SETTLEMENT OF DISPUTES
21
22 
Sec. 42. On-board and Onshore Grievance Machinery. -  All ships of
23 
Philippine registry shall have a fair, effective and expeditious on-board and on-
24 
shore grievance machinery at no cost to the seafarer in accordance with the
25 
implementing rules and regulations of this Act.
26 
In cases where a seafarer is a member of a legitimate trade union
27 
organization, any grievance shall, as a condition precedent to conciliation-
28 
mediation, undergo the grievance machinery with the involvement of the union
29 
as established in the CBA. Without prejudice to any existing law, any agreements
30 
reached by the parties during grievance machinery shall be final and binding.
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Sec. 43. Mandatory Conciliation-Mediation and Arbitration. -  Seafarers 
whether engaged, employed or working on-board ships of Philippine registry or 
other registries, shall avail of the conciliation-mediation services of the DOLE 
pursuant to Republic Act No. 10396 and its Implementing Rules and Regulations, 
by filing a request for assistance before the conciliation-mediation desks at the 
Regional/Field/Provincial Offices of the DOLE or its attached agencies.
In case of failure of conciliation-mediation in cases where seafarers are 
covered by CBA, the case shall be submitted for Voluntary Arbitration in 
accordance with Articles 261 and 262 of the Labor Code, as amended. In cases 
where seafarers are not covered by the CBA, the seafarer shall have the option 
to submit the case to Compulsory Arbitration or Voluntary Arbitration.
CHAPTER XV
REINTEGRATION FOR OVERSEAS FILIPIN O  SEAFARERS
Sec. 44. Reintegration. -  For overseas Filipino seafarers, returning or 
unemployed seafarers may avail of the livelihood development, training programs 
and placements services offered by concerned government agencies, including 
OWWA and TESDA, TLC, and the CDA and the NMP and CHED.
These agencies shall formulate skills upgrading or retraining curricula to 
meet the needs of returning or unemployed seafarers. The participation of the 
maritime industry, in particular, port and shipping industry, and maritime 
educational institutions shall be likewise solicited by the DOLE in devising the 
appropriate retraining and local job placement programs for unemployed 
seafarers.
The National Reintegration Center for OFWs (NRCO) shall attend to the 
needs of returning seafarers. The Center shall provide a mechanism for their 
reintegration into the Philippine society, serve as a promotion house for their 
local employment, and tap their skills and potentials for national development.
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CHAPTER XVI
INCENTIVES AND AWARDS GRANTED TO THE MARITIME INDUSTRY
Sec. 45. Incentives and Awards. -  There shall be established an incentives 
and awards system for the maritime industry stakeholders which shall be 
developed 
and 
administered 
by 
the 
concerned 
government 
agency 
in 
consultation with the Maritime Industry Tripartite Council (MITC).
Under such rules and regulations that may be promulgated, deserving 
shipowners, seafarers, manning and other organizations or entities shall be 
incentivized or awarded for their outstanding performance in upholding the rights 
of seafarers or complying with this Magna Carta.
CHAPTER X V II 
GOVERNMENT AGENCIES
Sec. 46. Role o f 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 -  The 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;
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(b) Department of Foreign Affairs. -  The 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) -  The 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;
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) -  
The 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 absences, the 
coordinating officer, shall provide the Filipino seafarers and 
his family all the assistance they may need in the
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enforcement of contractual obligations by agencies and/or
2 
by their principals;
3 
The OWWA shall likewise formulate and implement welfare
4 
programs for overseas Filipino seafarers and their families
5 
while they are abroad and upon their return. It shall ensure
6 
the awareness by the overseas Filipino workers and their
7 
families of these programs and other related government
8 
programs;
9 
(f) 
Maritime Industry Authority (MARINA) -  The MARINA shall
10 
ensure that all maritime education including the curricula
11 
and training programs are structured and delivered in
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accordance with the written programs, methods and media
13 
of delivery, procedures and course materials compliant with
14 
international standards as prescribed under the STCW
15 
Convention.
16 
(g) Philippine Coast Guard (PCG) -  The PCG, in line with its
17 
function to assist in the enforcement of applicable laws
18 
within the maritime jurisdiction of the Philippines, shall
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assist the DOLE in the enforcement of Department Orders
20 
and other issuances implementing the MLC, 2006 including
21 
orders to detain vessels found in gross violation of pertinent
22 
laws, rules and regulations.
23 
Unless otherwise provided in this Act, the mandate, power and function of
24 
all existing department, agency and instrumentality of the government including
25 
government-owned and controlled corporation shall remain and continue to be
26 
recognized in accordance with the law or order creating them.
27
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Sec. 47. Philippine Seafarer One Stop Processing Center (PSOC). -  The
29 
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30 
operationalize and make available to the public, an integrated document
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processing center for the seafarers and the general public to conduct official 
transactions. The agencies that are mandated to provide services in the PSOC 
are as follows:
(a) Department of Foreign Affairs (DFA);
(b) Overseas Workers Welfare Administration (OWWA);
(c) Philippine Overseas Employment Administration (POEA);
(d) National Bureau of Investigation (NBI); and
(e) Philippine Statistics Authority (PSA);
CHAPTER X V III 
FINAL PROVISION
Sec. 48. Administrative Fines and Penaities. -  Any shipowner, master, 
their representatives or other person who fails or refuses to present employment 
records such as payrolls, daily time records, payslip, or other documents when 
required by the Secretary of Labor, his duly authorized representative or the duly 
authorized representative of recognized organizations shall be subject to 
administrative fines and penalties in accordance with the IRR.
Sec. 49. liiegai Exercise o f Authority. -  Any person who, without proper 
delegation, exercises the authority granted to the Secretary of Labor under 
Sections 38 and 39 of this Act shall be punished with a fine of not less than One 
Hundred Thousand Pesos (P100,000.00) nor more than Four Hundred Thousand 
Pesos (P400,000.00), or imprisonment of not less than one (1) year nor more 
than four (4) years, or both at the discretion of the court. The offense provided 
herein shall prescribe after five (5) years from its commission.
Sec. 
50. 
Impiementing Ruies and Reguiations. 
-  The 
DOLE, 
in 
coordination with the DFA, MARINA and other agencies concerned shall
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formulate the rules and regulations of this Act within ninety (90) days after its 
effectivity.
Sec. 51. 
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. 52. Separabiiity Clause. -  If any provision of this Act is held invalid or 
unconstitutional, the same shall not affect the validity and effectivity of the other 
provisions hereof.
Sec. 53. Repealing Clause. - All laws, decrees, orders, and issuances, or 
portions thereof, which are inconsistent with the provisions of this Act, are 
hereby repealed, amended or modified accordingly.
Sec. 54. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in the Official Gazette or in two (2) newspapers of general 
circulation.
Approved,
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