Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House Bill No. _ 368

INTRODUCED BY REPRESENTATIVE MARISSA “DEL MAR” P. MAGSINO

AN ACT
INSTITUTING A MAGNA CARTA
FOR FILIPINO SEAFARERS

EXPLANATORY NOTE

The United Nations Conference on Trade and Development (UNCTAD) report
revealed that Asia is the largest seafarer-supplying region in the world. The Philippines
remains to be the largest provider of seafarers and officers globally, having delivered a
$6.4 billion in income in 2020 alone.

In 2012, the International Labour Organization (ILO) remarked that the
ratification by the Philippines of the International Maritime Labor Convention of 2006
is a “global milestone” for decent work for seafarers. The Philippines was the 3ot"
member to have joined the group of “first 30” ILO countries to “demonstrate their
commitment to ensuring decent work for seafarer”.

Nearly ten (10) years since the said ratification, various measures which have
tried to codify the rights of Filipino seafarers have languished in the archives of the
Legislature. This has caused and continue to cause Filipino seafarers to be in constant
risk of being subjected to the circumvention of laws and rules, as well as abuses which
were unfortunately even more highlighted during the pandemic. Ambiguous contract
arrangements, vague definitions under the laws, and obscure provisions have allowed
issues to deluge Filipino seafarers.

What the pandemic should have sparked is a renewed zest in pushing for
legislation that would protect the rights and promote the welfare of Filipino seafarers
whose remittances have helped boost the economy. While we recognize their invaluable
contribution to our nation, we must match that with gusto in crafting legislation that
would ensure that their rights are laid down clearly, and the arrangements they are
subjected to are constantly monitored.

Our commitment to join the international community in ensuring decent work
and safe working conditions for seafarers cannot be palpably felt until we legislate this
measure which seeks to institute the Magna Carta of Filipino Seafarers. Lest we forget,
no less that Article XIII, Section 3 of the 1987 Constitution provides that the State shall

“afford full protection to labor, local and overseas.” While several laws have been crafted


such as the Overseas Filipinos and Migrant Workers Act, they remain to be insufficient
in directly targeting the unique needs and setup of seafarers.

There can be no better time than now, in ensuring that a specific law which would
guarantee that the seafarers whose employment is of distinct nature, is finally passed.
We should not wait another decade, or worse, another pandemic, before we respond to

this sector from whom we have gain so much.

In view of the foregoing, approval of this measure is earnestly sought.

we, P ahr


v

10

12

13
14

16
7

18
19

20

22
23

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House Bill No. 368 -

INTRODUCED BY REPRESENTATIVE MARISSA “DEL MAR” P. MAGSINO

AN ACT
INSTITUTING A MAGNA CARTA
FOR FILIPINO SEAFARERS,

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

Congress assembled:

CHAPTER I
DECLARATION OF POLICY

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

Seafarers.”

(a)

(b)

1)

(a)

(©)

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

To recognize the rights, contributions, and unique role of seafarers as essential
maritime professionals, acknowledge their vulnerabilities, and afford them full
protection before, during, and after their employment;

To recognize that seafarers are a special category of key workers providing
essential services, and given the global nature of the shipping industry and the
different jurisdictions that seafarers may be brought into contact with, they are in
need of special protection;

‘To encourage the participation of women in the seafaring profession and

contribute meaningfully to the achievement of national development goals as

productive members of the community;

To maintain and progressively develop a pool of competent and world-class

seafarers through a system of education, training, certification, and licensing;

‘To establish and enhance mechanisms of administrative, adjudicative, social,

and welfare services for seafarers and their families;

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


1
2
3

a awe

14
15

16
17

18
19
20
21

22
23
24

(8)

‘To recognize shipowners, maritime higher education institutions, and licensed
manning agencies as vital partners in promoting the rights, welfare, skills, and

competencies of seafarers.

‘Toward these ends, the State shall endeavor to improve the seafarers’ working

conditions, terms and conditions of employment, and career prospects, and to provide

them opportunities to harness their potentials to the fullest. The State shall also uplift

the socio-economic well-being of the seafarers’ families.

(a)

(b)

CHAPTER II
GENERAL PROVISIONS

Sec. 3. Coverage. — This Act shall cover:

ino seafarers who are to be engaged, engaged, employed, or working in
any capacity, on board Philippine or foreign-registered ships, except those to be
engaged, engaged, employed, or working in the following categories of ships:

(a) Warships, naval auxiliaries, and Coast Guard vessels;

(2) Government ships not engaged in commercial operations;

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

(4) Finishing vessels, as may be defined by appropriate rules and regulations to
be issues by the Department of Labor and Employment (DOLE), in
consultation with the Bureau of Fisheries and Aquatic Resources and other
relevant stakeholders.

For the purpose of this Act, a seafarer is deemed “to be engaged” as such if the
seafarer has been contracted for overseas employment but has yet to leave the
Philippines.

All Filipino seafarers on board Philippine registered domestic ships engaged in
trade and commerce between Philippine ports and within Philippine territorial or
internal waters shall be covered primarily by equivalent provisions of the Labor
Code of the Philippines, as amended, and related social and welfare benefits laws.
For this purpose, the Dole shall issue the appropriate rules and regulations to

govern the employment of domestic seafarers.

Sec. 4. Definition of Terms. — As used in this Act, the following terms shall have

the following meaning:

(a)

Abandonment ~ refers to a situation where, in violation of the terms of the
employment contract, the shipowner: @

Fails to cover the cost of the seafarer's repatriation;

(ii) Has left the seafarer without the necessary maintenance and support; or


16
17
18
19

(b)

(0)

(d)

(e)

1)

()

(h)

(iii) Has otherwise unilaterally severed their ties with the seafarer, including
failure to pay contractual wages for a period of at least two (2) months;

Cadet — refers to a student of a maritime educational institution who is required
to undergo training on board registered international or domestic ships to fulfill a

maritime degree or technical course;

Domestic Shipping — refers to the transport of passenger or cargo, or both, by
ships duly registered and licensed under Philippine law to engage in trade and
commerce between Philippine ports and within Philippine territorial or internal
waters, for hire or compensation, with general or limited clientele, whether
permanent, occasional, or incidental, with or without fixed routes, and done for
contractual or commercial purposes;

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

International Convention on Standards of Training, Certification, and
Watchkeeping for Seafarers (STCW) - refers to the international convention that
establishes the minimum standards relating to training, certification, and
watchkeeping for seafarers, which the Philippines acceded to on May 22,1984;

Manning Agency ~ refers to a natural or juridical person duly licensed by the

Secretary of the Department to engage in the recruitment and placement of

seafarers;

Maritime Accident — refers to any unforeseen occurrence or physical event
connected to the navigation, operations, maneuvering, or handling of ships, or
the machinery, equipment, material, or cargo on board such ships which may
result in the detention of seafarers;

Maritime Industry Stakeholders - refer to all private stakeholders engaged in
the business of owning, managing, chartering, or operating domestic and
international ship/s of Philippine or foreign registry, manning of ships,
management ports, stevedoring and arrastre services, ship brokering and
chartering, shipbuilding and ship repair, providing maritime services, such as

ship supplies and provisions, maritime education and training, shipping agency,

and other similar activit

“This term shall also include bona fide maritime labor organizations, professional
associations of seafarers, associations promoting seafarers’ welfare, and women's

maritime organizations.


Bene

ow

36
37

38

w@

10)

(kK)

0}

(m)

(@)

Maritime Labour Certificate — refers to the document that certifies that the

working and living conditions of the seafarers on the ship have been inspected
and are compliant with the requirements of the MLC, 2006 and of applicable

Philippine laws and regulations;

Maritime Labour Convention, 2006 (MLC, 2006) ~ refers to the consolidated
Maritime Labour Convention approved by the International Labour Organization
(ILO) in 2006 and ratified by the Philippines on August 20, 2012;

Master — refers to a person having command of a ship and acts as the
shipowners’ representative;

Ocean-Going Ship ~ refers to a ship other than those which navigate exclusively
in inland water or in water within or closely adjacent to sheltered water, or areas.

where port regulations apply;

Officer - refers to a member of the crew other than the master who has been
designated as such by national law or regulation, or, in the absence of such
designation, by collective agreement or custom;

One-Stop-Shop Center for OFWs (OSSCO) - refers to the gne-stop centers in
various parts of the country established to ensure prompt, efficient, vital, and
relevant services to Overseas Filipino Workers (OFWs) and other overseas
Filipinos and their families, including seafarers. The OSSCOs shall be the venue

for the acquisition of relevant clearances and permits, validation of overseas job
offers, availment of reintegration services and all pertinent seminars and
workshops for all stakeholders, among others. In all cases and as far as
practicable, the OSSCOs shall be co-located with POEA regional offices. Agencies
at these centers shall, as far as practicable, include the Department of Labor and
Employment (DOLE), the Department of Foreign Affairs (DFA), Philippine
Overseas Employment Administration (POEA), Overseas Workers Welfare
Administration (OWWA), Technical Education and Skills Development Authority
(TESDA), Professional Regulation Commission (PRC), Maritime Industry
Authority (MARINA), Department of Health (DOH), Philippine Coast Guard
(PCG), Home Development Mutual Fund (HDMF), Philippine Health Insurance
Corporation (PhilHealth), Social Security System (SSS), Philippine Statistics
Authority (PSA), Bureau of Immigration (BI), National Bureau of Investigation
(NBD, Commission on Higher Education (CHED), Philippine National Police
(PNP), Bureau of Internal Revenue (BIR), and such other government agencies as
may be appropriate;

Point of Hire ~ refers to the place indicated in the contract of employment, and
which shall be the basis in determining the commencement of the contract;


waus

13
14
15

16
7
18
19
20
21
22
23
24

30

31
32

(p)

@

()

(s)

©

(@

Recognized Organizations ~ refer to organizations recognized by the DOLE to
carry out inspections or issue the Maritime Labour Certificate in accordance with

the scope of activities covered by their authorizations;

Repatriation — refers to the process of returning a seafarer to the point of
destination, which shall be at the point of hire or the seafarer's place of domicile,
at the option of the seafarer, or in case of incapacity or death, at the option of
his/her next-of-kin;

Standard Employment Contract (SEC) or Employment Contract — refers to a
government-prescribed contract containing the minimum terms and conditions
of employment;

Seafarer — refers to any Filipino who is to be employed, is employed, or is
engaged to work in any capacity on board a ship covered under this Act;

Ship or Vessel — refers to any kind, class, or type of craft or artificial contrivance
capable of floating in water, whether publicly or privately owned, ordinarily
engaged in commercial activities; and

Shipowner or Principal — refers to the owner of the ship employing Filipino
seafarers to work on board domestic ships and ships engaged in international

trade, or any other organization or person, such as the manager, agent, or

bareboat charterer, who has assumed the responsibility for the operation and
management of the ship from the shipowner, and who, in assuming such
responsibilities, has agreed to take over all the attendant duties and
responsibilities of a shipowner under this Act, regardless of whether any other
organization or persons fulfill certain duties or responsibilities on behalf of the

shipowner.
CHAPTER HI
SEAFARER’S RIGHTS.

See. 5. Right to Just Terms and Conditions of Work. — Seafarers shall have the

right to:

(a)
(b)
©

(d)

A safe and secure workplace that complies with safety standards;

Decent working and living conditions on board of ship;
Medical care and confirmatory tests, welfare measures, and other forms of health
and social protection;

Fair terms and conditions of employment, including salary commensurate to
their rank, hours of work, paid sick leave or sickness benefits, the maximum
number of workers’ hours, and minimum hours of rest periods, consistent with

Philippine laws or international maritime conventions; and


Caer ane

10

12

13
14
1s

16

17
18

37

38

(c) Compensation and benefits in the event of death or long-term disability for
occupational injuries, illnesses, hazards.

Sec. 6. Right to Self-Organization, to Engage in Collective Bargaining, and to
Participate in Democratic Exercises. — Seafarers shall enjoy the right to self-
organization, to collectively bargain, to form or join international organization of
seafarers or network with seafarers of different nationalities, and to participate in the
deliberation of issues and in the formulation of policies that affect them, including the
guarantee of representation in governing boards or appointment in government
instrumentalities.

Women seafarers shall also have the right, and be encouraged, to join, assist, or
form labor unions or associations, or form networks with women seafarers of different
nationalities.

Sec. 7. Right to Educational Advancement and Training at Reasonable and
Affordable Costs. — Seafarers shall have access to educational advancement and training,
at reasonable and affordable costs.

‘Towards this end, relevant government agencies shall:

(a) Regulate the operation of all educational and training institutions offering

courses related to seafaring;

(b) Pursue grant programs, such as scholarships, subsidies, loan assistance, and
other measures that will harness the skills of seafarers toward greater
competitiveness given the new and evolving demands in the industry;

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

competency; and

(a) Afford enhanced access to educational advancement and training of women in the
seafaring industry.

CHED and MARINA shall work together to mainstream gender and development in the

curricula of maritime institutions and training centers.

Sec. 8. Right to Information. - Shipowners, manning agencies, and other
organizations responsible for the recruitment and placement of seafarers, shall provide
seafarers relevant information, including the terms and conditions of employment,
company policies affecting seafarers, obligations of seafarers, conditions and realities
attending to their profession, and necessary laws and regulations of countries covered
by their sojourn. In addition, the seafarers shall, at all times, be furnished a copy of the
duly executed Standard Employment Contract, as well as the results of the medical
examination conducted on him/her. This right shall also include the right of seafarers’


aunre

a

15
16
17

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

All ships covered by this Act shall have a copy of the MLC, 2006, the grievance
procedures available on-board, duly executed Standard Employment Contract of
seafarers, and when there is a collective bargaining agreement (CBA), a copy of such
agreement, which shall be readily available to the seafarers.

Sec. 9. Right to Information of a Seafarer's Family or Next-of-Kin. ~ In critical
incidents, such as accidents or deaths on board or offshore, piracy, abandonment of
vessel, and other similar cases, the seafarer's family or next-of-kin shall be immediately
informed of the incident, including investigation reports, action/s taken, and plans by
the shipowner and the manning agency concerned. In addition,
it shall be the duty of the shipowner and the manning agency, within a reasonable
period of time, to report to the POEA and the OWWA such incident and the details of
the family or next-of-kin of the concerned seafarer/s.

Sec. 10. Right to Safe Passage and Safe Travel. ~ Seafarers shall be accorded the
rights to safe passage and safe travel, including the right to embark and disembark in
third countries when in transit, and the right to be repatriated and return home.

Sec. 11. Right to Consultation. - Seafarers and maritime stakeholders shall be
adequately consulted before adopting any maritime policy, executive issuance, rules or
regulations, or in the enactment of any maritime law that may directly affect the

seafarers and/or their families and beneficiaries.

Sec. 12. Right against Discrimination. - Seafarers shall have the right to be
protected from discrimination on the basis of race, age, sex, religion, or political
opinion, as well as on the basis of disablement, taking into consideration the inherent
requirements of the particular job or undertaking. Career opportunities shall be
promoted, and appropriate working and living conditions shall be guaranteed equally

among male and female seafarers.

Sec. 13. Right to be Protected Against All Forms of Harassment and Bullying. —
Seafarers shall be protected against all forms of harassment and bullying while on board
their ships. The shipowner shall put policies in place for the protection of all crew
members. Maritime stakeholders and seafarers shall ensure that harassment and
bullying do not take place.

Shipowners and manning agencies shall also establish helplines and grievance
mechanisms for all victims of harassment and bullying.

Sec. 14. Right to Free Legal Representation. — Seafarers who are victims of
violations of the provisions of this Act or whose contracts have been breached, who
cannot afford the services of a competent and independent counsel, shall have the right


37

38

to free legal assistance and protection at the government's expense, and to the fair and
speedy disposition of the case, including the expeditious settlement of any money
claims, subject to existing rules and regulations.

See. 15. Right to Access to Communication. — Seafarers, especially during their
free time or when they are not on duty, shall have reasonable access to ship-to-shore

ies, where available.

telephone communications, email, and internet facil

Sec. 16. Right to Record of Employment or Certificate of Employment — At the
expiration of the employment contract of the seafarer, the seafarer shall be given a
record of his/her employment on board the ship, or a certificate of employment,
specifying the length of service, the position the seafarer occupied, an account of his/her

final wages, and such other relevant information.

Sec. 17. Right to Fair Treatment in the Event of a Maritime Accident ~ In the
event of a maritime accident, seafarers shall be treated fairly. They shall be entitled to all
the rights under the ILO/International Maritime Organization (IMO) 2006 Guidelines

on Fair Treatment of Seafarers in the Event of a Maritime Accident and its amendments.

CHAPTER IV
WOMEN IN THE MARITIME INDUSTRY

See. 18. Discrimination Against Women Seafarers. — In addition to the right
against discrimination on the basis of sex, women seafarers shall be protected from the
following discriminatory acts:

(a) Payment of a lesser compensation, including wage, salary or other form of
remuneration and fringe benefits, to a male seafarer as against a female seafarer,
for work of equal value; and

(b) _ Favoring a male seafarer over a female seafarer with respect to promotion,
training opportunities, study, and scholarship grants, solely on account of their
sexes.

Sec. 19. Gender and Development. — Shipowners and manning agencies shall
formulate gender and development policies. In addition, all maritime training
institutions shall ensure that appropriate gender-sensitive policies are in place to
promote the rights of women to adequate training and opportunities, free from
discrimination, harassment, and bullying.

CHAPTER V
SEAFARER’S DUTIES
Sec. 20. Duties of a Seafarer. ~ Seafarers shall have the following duties:

(a) To comply with and observe the terms and conditions of the Standard

Employment Contract;


wv

oar)

wo

31
32
33
34
35

36

37

(b) _ Toabide by lawful and reasonable company personnel policies;

(c) _ To follow and observe the chain and command of the vessel, and to comply with
the relevant and reasonable policies and procedures on board the ship or while
ashore, taking into consideration his/her religious freedom;

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

(e) | To continually improve his/her professional competency by keeping abreast with
the latest technological and scientific knowledge applied in the maritime fields,
constant reading and diligent studies, and keen observation of shipboard
activities;

(f) To be, at all times, orderly and respectful to the shipmates, passengers, shippers,
stevedores, port authorities, and other persons who have official business with

the ship; and

(g) To take personal responsibility for his/her health while on board by maintaining
a healthy lifestyle and complying with medically prescribed instructions.

CHAPTER VI
MINIMUM REQUIREMENTS FOR SEAFARERS

Sec, 21. Minimum Age. — No person below eighteen (18) years old, other than a
cadet, shall be employed, engaged, or otherwise allowed to work on board Philippine-
registered ships operating domestically or internationally, as well as on board foreign-
registered ships.

Sec. 22. Medical Certificates. - No seafarer shall be employed, engaged, or
otherwise allowed to work on board a domestic or ocean-going ship unless a medical
certificate has been issued declaring the seafarer to be fit to work.

For this purpose, the seafarer shall hold a valid medical certificate issued by a
medical facility duly accredited by the Department of Health (DOH), in accordance with

its rules and regulations.

The medical certificate shall certify that the person is expected to meet the
minimum requirements to perform the duty specific to the person's post safely and
effectively during the validity of the certificate.

During the conduct of a medical examination, the seafarer shall have the
responsibility of answering truthfully all questions relating to his/her medical condition
and/or medical history, including previously known illness, injury, or medical
treatment, and to make a complete inventory of medication prescribed to him/her by
physicians; Provided, that the processing of the medical information of the seafarer


18
19
20

22

23
24

25

26

30
31

32
33
34

35

shall at all times comply with the provisions of Republic Act No. 10173 or the Data
Privacy Act of 2012.

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

Sec. 23. Training and Qualifications. ~ Only seafarers certified by appropriate
government agencies in compliance with the STCW and other applicable international
standards, shall work, be employed, or be engaged on board a ship.

Sec. 24. Recruitment and Placement. ~ Only duly licensed manning agencies
shall be allowed to operate and engage in the recruitment and placement of seafarers, in
accordance with rules and regulations as may be issued by the Secretary of Labor and
Employment, or the Secretary in-charge of migration-related matters, including the
deployment of seafarers.

In all cases, no amount or fee, including placement fees, shall be charged to the
seafarer in relation to his/her recruitment and placement.

CHAPTER VII
TERMS AND CONDITIONS OF EMPLOYMENT

See. 25. Standard Employment Contract for Seafarers. — There shall be a
Standard Employment Contract in writing between the shipowner and the seafarer,
which shall include, but not be limited to, the following information and terms:

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

address;

(b)  Seafarer's Record Book Number, Seafarer's Identity Document Number, and
POEA Seafarer's Registration Number;

(c)  Shipowner's name and address;

(d) Place where and date when the seafarer's employment agreement is entered into;
(e) Duration of the contract;

(f) Point of hire;

(g) Capacity in which the seafarer is to be employed;

(h) Amount of the seafarer's salary, and the formula used for calculating the same;
(i) — Maximum hours of work and minimum hours of rest;

Gj) Wages and wage-related benefits, which shall include, but is not limited to,
overtime pay, holiday pay, vacation leave pay, premium pay, paid leaves, and

13th-month pay, if applicable;


34
35
36

37

(k) Compensation and benefits for occupational injury, illness, or death;

())_— Social security and welfare benefits, including the compulsory insurance coverage
as provided under Republic Act No. 8042, as amended by Republic Act No.
10022, otherwise known as The Migrant Workers Act;

(m) _ Stipulations on repatriation or similar undertakings;

(n) Separation pay and retirement pay, if applicable;

(0) Reference to the CBA, if applicable; and

(p) _ Other benefits in accordance with law, company policy, or CBA.

The employment contract shall be in a working language or in the English
language, executed in four (4) original copies before the commencement of the
employment. The shipowner and the seafarer shall each have a signed original of the
agreement. In addition, a signed original shall be made available on board the ship.

For ocean-going Philippine-registered ships or foreign-registered ships, the
POEA shall issue a Standard Employment Contract containing the minimum standards
to be observed in the employment of seafarers. The Standard Employment Contract
shall be reviewed and updated regularly and must, at all times, be consistent with the
MLC, 2006, and other existing treaties and conventions governing seafarers, which the
Philippines has ratified or will ratify in the future.

Sec. 26. Maximum Hours of Work and Minimum Hours of Rest - The normal
hours of work of a seafarer shall not exceed eight (8) hours a day with one (1) rest day
per week. If the seafarer is required to work beyond eight (8) hours, the maximum hours
of work shall not exceed fourteen (14) hours in any 24-hour period, and seventy-two
(72) hours in any seven (7)-day period.

The minimum hours of rest for every seafarer shall not be less than ten (10) hours
ina 24-hour period. The hours of rest may be divided into two (2) periods, one of which
shall be at least six (6) hours in length, and the interval between the two periods of rest

shall not exceed fourteen (14) hours.
In exceptional cases, seafarers in watchkeeping duties may be required to work

beyond fourteen (14) hours
hours in any seven-day period; Provided, further, that such watchkeeping duties shall

Provided, that the rest period is not less than seventy (70)

not be allowed for more than two (2) consecutive weeks; Provided, finally, that the
intervals between the two (2) periods shall not be less than twice the duration of the
exception.

Seafarers shall be granted reasonable periods of shore leaves while the vessel is
docked for the benefit of their health and well-being, subject to proportionate and

specifically adopted rules, regulations, and measures of the Port State.


i

aur Y

4

13
14
15
16
7
18
19
20
21
2
23
24

25

27

28

30
3
32
33
34
35

36

38

Sec. 27. Paid Annual Leave. - Unless a higher annual leave is already provided in
the employment contract, or under a CBA, or by the shipowner as company practice or
policy, the seafarers shall be paid an annual leave, to be calculated on the basis of a
minimum of 4.5 calendar days per month of employment, without prejudice to any
future increases as may be prescribed by laws, rules, or regulations; provided, that the

following shall not be counted as part of the annual paid leave:

(a) Public and customary holidays of the Philippines, whether or not they fail during
the paid annual leave;
(b) Periods of incapacity for work (i) resulting from illness or injury; (ii) due to

maternity or paternity leave in accordance with law;
(©) Temporary shore leave granted to a seafarer while employed; or
(4) Compensatory leave of any kind.

Sec, 28. Wages. — Without prejudice to higher rates provided under the Standard
Employment Contract, or under a CBA, or by the shipowner as company practice or
policy, the minimum wage applicable to seafarers on board ocean-going ships of
Philippine or foreign registry shall be as provided in the Standard Employment
Contract, which in no case be lower than the prevailing industry standard on ocean
going seafaring wage rates for officers and other members of the ship's crew, and
regularly paid in full at least once a month.

Sec. 29. Remittance of Wages. — Shipowners shall provide the appropriate
facilities and assistance to the seafarer to enable the seafarer to remit his/her wages to
his/her designated allotee/s in the Philippines through any authorized Philippine bank
or financial intermediary; Provided, that such allotment shall not be less than eighty

percent (80%) of the seafarer's monthly basic salary.

Sec. 30. Limitations on Wage Deductions. — A deduction from the seafarer's
wages shall not be made without his/her written consent unless the deduction is
provided for in the contract of employment and/or is authorized by law.

Sec. 31. Personal Effects. — A seafarer may bring a reasonable number of articles
for personal use on board the ship; Provided, that this shall not inconvenience the ship
or cargo or pose any risk on board the ship. If the seafarers’ personal effects are lost or
damaged as a result of shipwreck, loss or stranding, abandonment of the vessel, or as a
result of fire, flooding, collision, or piracy, the shipowner shall reimburse him/her for
said loss or damage, subject to limits prescribed by existing rules and regulations, unless
a higher limit is provided under the existing CBA, but in no case lower than

international standards.

Sec. 32. Social Welfare Benefits. - Without prejudice to established policy, CBA,
or other applicable social agreement, all seafarers shall be members of, and receive the


Ren

7
18

19
20
21
22
23
24

25
26
27
28

30
31
32
33

34
35
36

37

benefits conferred by, the Overseas Workers Welfare Administration (OWWA), Social
Security System (SSS), Employees’ Compensation and State Insurance Fund,
PhilHealth, HDME, or Pag-IBIG Fund, and other applicable social protection laws, rules
and regulations, as may now or hereafter be created in favor of Filipino workers and/or
OFWs.

Sec. 33. Sick Leave and Sickness Benefits During Public Health Emergencies. — A
seafarer who has contracted an illness or disease during public health emergencies, such
as epidemics or pandemics, while in transit, or is under quarantine, shall be entitled to

paid sick leave and sickness benefits until the seafarer joins the vessel.

Sec. 34. Anti-Harassment and Bullying Policies on Board Ships. — Shipowners
shall ensure protection to seafarers with policies and accessible procedures to address
harassment and bullying on board ships.

CHAPTER VIII
ACCOMODATION, RECREATION FACILITIES,
FOOD AND CATERING IN SHIPS
Sec. 35. Application - The requirements of this Chapter covering ships of
Philippine Registry shall be applicable to the following:
(a) All ocean-going ships and domestic ships constructed on or after the date when
the MLC, 2006 come 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, insofar as they can be reasonably refitted, unless provided
exemption by the relevant Philippine government agency; and

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

government agency.

Sec. 36. Accommodation Facilities. - Unless otherwise exempted herein or by
appropriate regulations, all ships shall have safe, decent, and adequate accommodations
for seafarers, taking into account the need to protect the health and safety of seafarers
working or living on board the ship. There shall be a basic shipboard facility for women,
such as separate sleeping rooms.

Sec. 37. Requirements for Sanitation. - All ships shall have sanitation facilities
that meet the minimum standards for health and hygiene, which shall be accessible to
seafarers on board. The sanitation facilities shall be located at convenient places,


33
34

35
36

allowing for easy access to workstations. Separate sanitation facilities shall also be
provided for male and female crew members of the ship.

Sec. 38. Recreation Facilities. - Unless otherwise exempted herein or by
appropriate regulations, all ships shall have recreation facilities, amenities, and services
that are appropriate and accessible to seafarers; Provided, that domestic ships shall be
exempted from this requirement considering that their trading patterns and length of
voyages allow their crew to go home or to make use of comparable facilities onshore.

Sec. 39. Food and Catering. — All ships shall ensure protection and promotion of
the health of the seafarer. Toward this end, shipowners shall ensure that ships carry on-
board and serve free food and drinking water of appropriate quality, quantity, and
nutritional value that adequately cover the requirements of the ship and take into
consideration the differing cultural and religious backgrounds of the seafarers on board
the ship. The food and drinks in the preparation thereof shall be in accordance with the
standards of the Sanitation Code of the Philippines and pertinent laws, rules, and
regulations, and/or with international standards. In all cases, the ship's cooks shall be
trained and qualified.

CHAPTER IX
MEDICAL CARE AND MARITIME OCCUPATIONAL,
SAFETY AND HEALTH STANDARDS

Sec. 40. Medical Care On Board Ships and Ashore. - The shipowner shall
provide adequate medical facility, equipment, paraphernalia, and medical supplies,
including medicines on board, and shall ensure access to shore facilities for the health of
seafarers, as well as the corresponding medical or trained personnel who shall provide
first-aid and medical care.

The medicine chest and its contents, the medical equipment, and the medical
guide on board shall be maintained and inspected regularly to ensure that labeling,
expiry dates, and conditions of storage of all medicines and the directions for their use
are checked, and all equipment are functioning properly.

‘The shipowner shall ensure that seafarers have access to medical treatment for
any illness or injury, hospitalization, and dental treatment until the sick or injured
seafarer has recovered or until the sickness or incapacity has been declared of a
permanent character.

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

The health protection and medical care under this Section shall be provided at no
cost to the seafarer, in accordance with rules and regulations issued for this purpose.


26
21
28
29
30
31
32
33
34
35
36
37

38

Sec. 41. Protection of Seafarers from Epidemics, Pandemics, or Other Public
Health Emergencies.~ Seafarers on ships should be covered by adequate measures for
protection from health-related outbreaks, such as epidemics and pandemics, including
the provision of personal protective supplies and equipment, as appropriate.

Seafarers shall have access to prompt and adequate medical care while on board,
including medical advice and confidential helplines on physical and mental health,
which shall be free of charge.

Shipowners shall institute preventive measures in accordance with the health
regulations of the Flag State and the appropriate guidelines issued by the World Health
Organization (WHO), including the necessary disinfection, decontamination, de-ratting,
or other measures necessary to prevent the spread of infection or contamination.
Affected seafarers shall also be properly isolated and treated pursuant to established
guidelines of the Flag State, the WHO, and applicable rules and regulations.

In ports of call, seafarers in need of medical care shall have access to medical
facilities onshore.

The transit of seafarers who are medically fit to work shall be facilitated and
exempted from travel-related, health-related, or movement restrictions until arrival at

the point of destination.

Sec. 42. Financial Security System to Assist Seafarers in case of Occupational
Injury and Other Causes. In accordance with the MLC, 2006 on Financial Security for
vessels, the shipowner shall provide an expeditious and effective financial security
system to assist seafarers in the event of their abandonment and to assure compensation
for contractual claims in the event of sickness, injury, or death occurring while they are
serving under a seafarer's employment contract, or arising from their employment

under such agreement.

CHAPTER X
TERMINATION OF EMPLOYMENT
Sec. 43. Termination of Employment —

(a) The employment of seafarers on board Philippine-registered ships operating
internationally, as well as those on board foreign-registered ships, shall cease
when the seafarers complete their period of contractual service aboard the ship,
signs-off from the ship, and arrive at the destination as specified under this
paragraph (b) of this Section;

(b) The employment is also terminated effective upon arrival at the point of
destination, which shall either be at the point of hire or the seafarer’s place of
domicile, at the option of the seafarer, or in case of the seafarer’s incapacity or
death, at the option of his/her next-of-kin, for any of the fdllowing reasons:


wR we N

Ee

14
15
16
17
18
19
20
21

22

23
24

26

27

28
29
30
31

32
33
34
35
36

37

38

(1) When the seafarer signs-off and is disembarked for medical reasons in the
event the seafarer is declared: (i) fit for repatriation; or ({i) when after an
illness, the seafarer is declared fit to work, but the ship owner is unable to
find employment for the seafarer on board the ship originally boarded or
another ship of the shipowner;

(2) When the seafarer signs-off due to sale of the ship, lay-up of the ship,
discontinuance of voyage or change of ship principal, shipwreck,
grounding, or unseaworthiness;

(3) | When the seafarer voluntarily resigns in writing and signs-off prior to the
expiration of contract within a reasonable period as may be prescribed in
the implementing rules and regulations of this Act; or

(4) When the seafarer is discharged for just causes in accordance with the

provisions of the Standard Employment Contract.

See. 44. Extension of Employment- In the event of the extension of the term of a
seafarer's employment contract, the seafarer shall be furnished a copy of the new,
or supplemental contract covering the extension of his employment, with
adequate time to review and obtain expert advice regarding the terms and
conditions of his/her extended employment, which shall in no case be lower than
the terms of his/her original employment. In all cases, the shipowner, or a duly
authorized representative or the manning agency shall ensure that the seafarer
has considered the effect of such an extension to any accumulated entitlement
and repatriation benefits, among others.

Manning agencies and shipowners shall submit periodic reports to the
POEA on the welfare and well-being of seafarers subjected to such contract

extensions.
CHAPTER XI
SETTLEMENT OF DISPUTES.

Sec. 45. On board and Onshore Grievance Machinery. ~ All ships of Philippine

registry shall establish a grievance machinery and fair, effective, and expeditious on
board and onshore procedures, at no cost to the seafarer, for the resolution of grievances

or complaints.

Any grievance or complaints shall first be referred to the appropriate grievance
mechanism provided under this Section. In cases where a seafarer is a member of a
legitimate trade union organization and covered by a CBA, he/she shall be assisted by a
union-designated representative in the proceedings. Any agreements reached by the

parties at the grievance proceedings shall be final and binding.


31
32
33
34
35

36

Sec. 46. Mandatory Conciliation - Mediation. — In the absence of an agreement
or settlement at the grievance machinery level, the following rules shall apply:

(a) If there is a CBA, the matter shall be submitted for voluntary arbitration in

accordance with existing laws, rules, and regulations;

(b) If there is no CBA, the parties shall have the option to submit the case to
compulsory arbitration or voluntary arbitration, or conciliation-mediation services
provided under Republic Act No. 10396, otherwise known as "An Act 13 Strengthening
Conciliation-Mediation as a Voluntary Mode of Dispute Settlement for all Labor Cases,
Amending for this Purpose Article 228 of Presidential Decree No. 442, as amended.
Otherwise Known as the 'Labor Code of the Philippines" and its implementing rules

and regulations.

Sec. 47. Maritime Industry Labor Arbitration. — There shall be a pool of trained
maritime industry conciliators-mediators and experts with the appropriate competence,
integrity, and knowledge of the Philippine and global maritime industry practices and
standards, MLC, 2006, and related Philippine-ratified conventions and treaties, who
shall handle the mediation or conciliation or arbitration of all issues relating to the
employment of seafarers.

CHAPTER XII
REPATRIATION

Sec. 48. Seafarers’ Repatriation. - In all cases of repatriation, the affected
seafarer shall be repatriated to the point of hire or the place of domicile of the seafarer,
at his/her option, or in case of incapacity or death, at the option of his/her next-of-kin,
and ail costs related to the repatriation and/or transport of the personal effects and
remains of seafarers, including the provision on financial security in case of
abandonment of seafarers, shall be borne by or charged to the shipowner or the
manning agency concerned to expedite the repatriation without prior determination of
the cause of repatriation or termination of the seafarer's employment.

Sec. 49. Repatriation Expenses; Advance and Recovery. - The repatriation
expenses that shall be borne by or charged to the shipowner or the manning agency
concerned shall include:

(a) Basic pay and allowances from the moment the seafarers leave the ship until they

reach the repatriation destination;
(b) Accommodation and food during the journey to the repatriation destination;
(©) _ Transportation charges, the normal mode of transport should be by air;
(a) Deployment cost of the principal; and

(©) __ Immigration fees, fines, and penalties.


wv

23
24

25
26
27
28
29
30
31
32
33

34
35

36
37

38

However, in cases where the termination of employment is for just cause or upon
the request of the seafarer, the cost of repatriation shall be for the account of the
seafarer in accordance with the employment agreement.

The responsibility to provide for the repatriation costs shall be without prejudice
to the right to civil, criminal, or other claims in accordance with law or otherwise,

particularly in cases of maritime accident or death other than natural causes.

Sec. 50. Quarantine and Medica Expenses in Repatriation Due to Infection,
Epidemics or Pandemic.— Before or during the process of repatriation, the expenses of
medical care and board and lodging for periods spent by seafarers in self-isolation or
quarantine, whether or not the seafarers have symptoms, have been exposed or are
quarantined as a safety precaution for the community, shall be covered by the
shipowner or manning agency until the seafarers have been duly repatriated to the
ion. Thereafter, medical care and quarantine expenses after

repatriation destii
repatriations to the destination shall be borne by the Philippine government, following
the whole-of-government approach in the management of epidemics/pandemics.

Sec. 51. Waiver of Entitlement to Repatriation. — Entitlement to repatriation may
be waived by a seafarer; Provided, That the waiver shall be written, made freely and
voluntarily, with full knowledge of its consequences; Provided, however, that no such
waiver shal] be allowed or presumed when a seafarers is abandoned, held captive on or
off the ship as a result of acts of piracy or armed robbery against the ship, or are
incapable of traveling due to illness, injury or incapacity, or other cases that affect the

seafarer's safety and security.
CHAPTER XIII
REINTEGRATION OF OVERSEAS FILIPINO SEAFARERS

Sec. 52. Reintegration. ~ There shall be developed and implemented a full-eycle
and comprehensive national reintegration program for seafarers, which shall be
embedded in all stages of migration, for work beginning from pre-deployment, on-site
during employment and upon return, whether voluntary or involuntary. The
reintegration program shall cover the different dimensions of support needed by the
seafarer, such as economic, social, psychosocial, and cultural, including skills
certification and recognition of equivalency for effective employment services, and shall
ensure contribution to national development through investments and transfer of

technology from skilled or professional seafarers.
CHAPTER XIV
PROVISIONS APPLICABLE TO DOMESTIC SEAFARERS,

Sec. 53. Wages, Holiday Pay, Service Incentive Leave, and other Statutory

Benefits, ~ The minimum wage rate of seafarers on board ships engaged in domestic


30
31

32
33

34
35
36

37

39

shipping shall be determined by the Regional Wages and Productivity Boards (RTWPB),
taking into account the peculiarities of the employment arrangement of seafarers and
the criteria for wage-fixing pursuant to Republic Act No. 6727, otherwise known as the
"Wage Rationalization Act;" Provided, that wages for actual work hours and days shall
not be lower than the applicable minimum wage rates for actual work hours and days
shall not be lower than the applicable minimum wage rates in the place where the ship is
registered. Wages of domestic seafarers shall be paid in full and regularly at least twice a
week in a month, or at intervals not greater than sixteen (16) days as provided in the
Labor Code of the Philippines, as amended.

In addition, the provisions of the Labor Code of the Philippines, as amended, on
"Prohibitions Regarding Wages," "Wage Studies, Wage Agreements, and Wage

Determination," "Administration and Enforcement,” "Holidays," "Service Incentive

Leaves and Service Charges," shall continue to apply, unless higher annual leave is
already provided under the CBA or by the shipowner as company practice or policy or
seafarers’ employment agreement. In addition, domestic seafarers shall also be entitled
to (i) 13th month pay pursuant to Presidential Decree No. 851, as amended, (ii) paid
maternity leave under Republic Act No. 11210, otherwise known as the 105-Day
Expanded Maternity Leave Law, (iii) paid paternity leave under Republic Act No. 8187,
otherwise known as the Paternity Leave Act of 1996, (iv) Paid parental leave for solo
parents under Republic Act No. 8972, otherwise known as the Solo Parents’ Welfare Act
of 2000; (v) paid leave for victims of violence against women and their children under
Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and their
Children Act of 2004, (vi) paid special leave due to surgery for any gynecological
disorder, under Republic Act No. 9710, otherwise known as the Magna Carta of Women,
and retirement pay, pursuant to Republic Act No. 7641.

Domestic seafarers shall also be entitled to SSS, PhilHealth, and Employee
Compensation Commission (ECC) benefits, HDMF or Pag-IBIG Fund, and other
applicable social protection in accordance with law, regardless of the benefits already
provided under a contract, CBA, or company practice or policy.

Sec. 54. Employment Contract. - There shall be an agreement in writing between
the shipowner and the seafarer, which shall include the following terms:

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

address;
(b) _ Seafarer's Record Book Number, Seafarer's Identity Document Number;
(c)  Shipowner's name and address;
(@)__ Place where and date when the seafarer's employment agreement is entered into;

(e) Duration of the contract;


16
17
18

20

21
2
23
24
25
26

27
28
29
30
3

32
3
34
35

(f) Point of hire;
(g) Capacity in which the seafarer is to be employed;

(h) Amount of the seafarer's salary, and the formula used for calculating the same;
(i) Maximum hours of work and minimum hours of rest;

(i) Wages and wage-related benefits, which shall include, but is not limited to,
overtime pay, holiday pay, vacation leave pay, premium pay, paid Jeaves, and

13th-month pay, if applicable;

(k) Compensation and benefits for occupational injury, illness, or death;

(1) Social security and welfare benefits, including the compulsory insurance coverage
as provided under Republic Act No. 8042, as amended by Republic Act No.
10022, otherwise known as The Migrant Workers Act;

(m) Stipulations in case of rescues or other similar undertakings;
(n) _ Separation pay and retirement pay, if applicable;

(0) Reference to the CBA, if applicable; and

(p) Other benefits in accordance with the law, company policy, or CBA.

‘The foregoing employment agreement shall be executed by and between the
shipowner and the seafarer before the commencement of employment, in a language or
dialect understandable to both parties. The shipowner shall provide the domestic
seafarer the signed original copy of the agreement and a certified true copy shall be

made available on board the ship.

The DOLE shall keep a copy of the employment contract between the shipowner
and the domestic seafarer.

Sec. 55. Maximum Hours of Work and Minimum Hours of Rest — The provision
of Section 26 shall also apply to domestic seafarers. In addition, waiting time shall not
be considered as compensable working time if the seafarer is completely relieved from
his/her duty and can use the time effectively for his/her own purpose.

See. 56. Termination of Employment of Domestic Seafarers.— The termination of
employment of a seafarer on board domestic ships shall be governed by the provisions
of the Labor Code of the Philippines, as amended, and applicable rules and regulations
issued by DOLE. In case the termination of employment is initiated by the shipowner,
the substantial and procedural aspects of due process shall be observed.

Sec. 57. Rescue of Seafarers On-Board Domestic Ships. — The provisions under
this Act on repatriation, as may be applicable, shall also apply to seafarers working on
domestic ships. Seafarers on board domestic ships shall be entitled to emergency
rescues in cases of war, epidemics, abandonment of ships by shipowners, disasters, or


nw

calamities, whether natural or man-made, and other similar events. The Philippine
Coast Guard and MARINA shall undertake and assist in the rescue of seafarers on board
domestic ships.

Sec. 58. Contracting or Subcontracting of Services. - The contracting or
subcontracting of seafarers for work on-board domestic ships shall be governed by
existing rules and regulations issued by the DOLE.

CHAPTER XV
MANNING LEVELS AND COMPLIANCE AND ENFORCEMENT
OF SHIPS OF PHILIPPINE REGISTRY

Sec. 59. Manning Levels. — All ships of Philippine registry shall have the required
minimum manning levels as prescribed by the Maritime Industry Authority (MARINA).
They shall, at all times, be manned by a crew that is adequate in terms of size and
qualifications taking into account the need to operate the vessel safely and efficiently.

Sec. 60. Crew Competence. - Every member of the crew of a ship of Philippine
Registry shall possess, in addition to the required medical certificate, the appropriate

certificate of competency issued by the relevant government agency/ies, setting forth
his/her competence to serve in the capacity, and perform the functions involved at the

level of responsibility, for the position held, for the type, tonnage, power, means of

propulsion, and trading patterns of the ships concerned.

The certificate of competency shall attest that the seafarer to whom it is issued
meets the requirements for service, age, qualification, and examinations for the position

held.

See. 61. Compliance and Certification. - All ships of Philippine registry shall
comply with the provisions of this Act. The shipowner and master shall ensure the
compliance of the ship with this Act and its implementing rules and regulations, who

shall be made principally liable for any violation thereof.

For this purpose, a Maritime LabourCertificate, or a certificate of compliance, as
applicable, shall be issued in accordance with the implementing rules and regulations of
this Act.

Sec. 62. Inspection and Enforcement. ~

(a) The Secretary of Labor or the appropriate Secretary in-charge of migration
related matters, or his/her duly authorized representative, shall have the
authority to inspect ail ships of Philippine registry, domestic or ocean-going, to
ensure compliance with labor standards and occupational safety and health as _

provided under this Act.


ae

ea

25
26
27
28
29

30
31
32
33
34
35
36
37
38

(b)

The enforcement and compliance monitoring activities may be coordinated and
conducted by the DOLE with the relevant government agencies, including
MARINA and PCG, in conjunction with their schedules for inspection and

certification.

The Secretary of Labor or the appropriate Secretary in-charge of migration-
related matters, or his/her duly authorized representative shall have the power to
order immediate correction of, and impose fines for, violations of the relevant
provisions of this Act.

If the violation or deficiency constitutes a serious breach of the requirement of
this Act and its implementing rules and regulations or poses an imminent danger
to the ships, and/or to the life or limbs of the seafarer, the Secretary of Labor or
the appropriate Secretary in-charge of migration-related matters, or his/her duly
authorized representative shall coordinate with the PCG to order the detention of
the ship immediately until the violation or deficiency is corrected or until a plan
of action to rectify the non-conformities is shown to be implemented in an

expeditious manner.

The Philippine Coast Guard (PCG) shall have the authority to conduct port state
control inspections of vessels, including all foreign-flagged vessels, calling at any
port of the Philippines, for the, promotion of safety of life and property at sea,
control and prevention of maritime pollution, and verification of compliance with
the minimum standards of training and social condition of officers and crew on
board the ships. The PCG shall assist relevant agencies in the enforcement of the
provisions of this Act and its implementing rules and regulations, and the MLC,
2006.

The conduct of port state controls shall be in accordance with international
conventions and instruments ratified or to be ratified in the future. The PCG
Commandant or his/her duly authorized representative shall have the power to
order immediate correction of, and impose fines for, violations of the relevant
provisions of this Act.

‘The PCG shall prohibit a ship from leaving port upon the order of the Secretary of
Labor or the appropriate Secretary in-charge of migration-related matters, or in
case of finding of non-compliance with the provisions of this Act and the MLC,
2006 and/or its amendments and the conditions on board are clearly hazardous
to the safety, health, or security of seafarers. In all cases, the prohibition to leave
the port shall be in place until the same have been rectified or until a plan of
action to rectify the non-conformities is shown to be implemented in an
expeditious manner, and cleared by the Secretary of Labor or the appropriate

Secretary in-charge of migration-related matters.


22

23
24

25

28
29

30
31
32
33
34

35
36

Sec. 63. Recognized Organizations. - 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, MLC, 2006, and
other relevant international treaties or conventions. 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 XVI
SHIPBOARD TRAINING OF CADETS

Sec. 64. Applicability. -The provisions of Sections 5 to 17 (Seafarers' Rights),
Sections 18 to 19 (Women in the Maritime Industry), Section 22 (Medical Certificate),
Sections 35 to 39 (Accommodation, Recreation Facilities, Food and Catering in Ships),
Section 40 (Medical Care On Board Ships and Ashore), Sections 45 to 47 (Settlement of
Disputes), and Sections 48 to 50 (Repatriation) shall apply with respect to the training
of cadets.

Sec. 65. Shipboard Training Agreement for Cadets. -There shall be a written
agreement among the shipowner, the cadet, and the maritime institution or school,
which shall embody the following information, terms, and conditions;

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

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

(©) Name and address of shipowner and its manning and placement agency, if
applicable;

(d) Place and date when the agreement is entered into;

(e) Capacity in which the cadet is to be trained;

(f) The amount of the cadet's allowance or stipend, if applicable;

(g) Required number of hours of training and rest which shall not be less than the

prescribed hours of rest in Section 23 of this Act;

(hb) Duties and responsibilities of the sponsoring company, the Maritime Higher
Educational Institution (MHEIs), and cadets, as may be provided under the
Standard Cadet Training Agreement on Ships Engaged in International Voyage of
the Philippine Overseas Employment Administration (POEA); and

() Other benefits in accordance with existing laws, company policy, or agreements.

In no case shall cadets perform activities outside of the scope of the cadet
shipboard training program. The foregoing agreement shall be in a language familiar to


ey AnD

16
17
18
19

20

21

y

5
26

27
28
29
30
31
32
33
34

35
36

and understood by all parties or in English, executed in four (4) original copies
before the commencement of the shipboard training. The shipowner, cadet and the
maritime institution/school shall each have a signed original of the agreement, and an
electronic copy thereof shall be submitted to the DOLE, through the Bureau of Working
Conditions (BWC). A signed original copy shall also be made available on-board the
ship.

See. 66. No Discrimination of Women for Shipboard Training. -Women cadets
shall be accorded equal access to training and shall not be discriminated against for
shipboard training.

CHAPER XVII
INCENTIVES AND AWARDS GRANTED TO THE MARITIME INDUSTRY

Sec. 67. Incentives and Awards. — There shall be established an incentives and
awards system for the maritime industry stakeholders, which shall be developed and
administered by the concerned government agency upon consultation with the Maritime
Industry Tripartite Council (MITC).

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

seafarers and complying with this Act.

CHAPTER XVIII

ROLE OF GOVERNMENT AGENCIES

Sec. 68. Role of Government Agencies. ~ The following government agencies
shall perform the following functions to promote the welfare and protect the rights of

seafarers:

(a) Commission on Higher Education (CHED). CHED shall set the standards and
monitor the performance of maritime education programs and maritime higher
education institutions, ensuring that quality maritime education, including
curricula and training programs, are structured, and delivered in accordance with
the written programs, methods, and media of delivery, procedures, and course
materials compliant with international standards prescribed under the STCW
Convention and its amendments. For this purpose, CHED shall be in close
coordination with the MARINA.

(b) Department of Labor and Employment (DOLE). DOLE shall ensure that the
standards set forth under this Act, Presidential Decree No. 442, as amended, and


26
27
28
29
30
31
32
33
34
35
36
37
38

39

©

(d)

©

(g)

other domestic laws, the MLC, 2006 and other international treaties and
conventions to which the Philippines is a signatory are faithfully complied with
and fairly applied to 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 MLC, 2006.

Department of Foreign Affairs (DFA). DFA, through its consular offices or
foreign service posts, in coordination with the appropriate government agency,
shall take priority action or make representation with the foreign authority
concerned to protect the rights of seafarers and extend immediate assistance,

including the repatriation of distressed or beleaguered seafarers.

Department of Health (DOH). DOH shall regulate the activities and operations of
all clinics which conduct medical, physical, optical, dental, psychological, and
other similar examinations, hereinafter referred to as health examinations, on

seafarers.

The DOH 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.

Philippine Overseas Employment Administration (POEA). POEA shall review 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.

Overseas Workers’ Welfare Administration (OWWA). The OWWA, through its
welfare officer or, in his absence, the coordinating officer, shall provide the
seafarers and his/her family all the assistance they may need in the enforcement
of contractual obligations by agencies and/or by their principals. The OWWA
shall likewise formulate and implement welfare programs for overseas Filipino
seafarers and their families while they are abroad and upon their return. It shall
ensure the awareness by the overseas Filipino workers and their families of these
programs and other related governmental programs.

Maritime Industry Authority (MARINA). The MARINA shall ensure that the
examination, licensing, and certification system for seafarers are in accordance
with the requirements prescribed under the STOW Convention, international
agreements, other conventions relevant thereto, and other applicable laws, rules,

and regulations.


(h) National Maritime Polytechnic. The NMP shall strengthen its research capability
to provide studies/resources for evidenced-based policy decision-making and
program development, and continuously address gaps in the protection and
welfare of the seafarers.

‘The NMP shall also continue to develop, enhance, and increase the accessibility
of its gender and women empowerment and training courses for seafarers to the
maritime industry, which shall be made available in any format, including digital
and/or e-learning format.

(i) Philippine Coast Guard (PCG). The PCG shall undertake port state control
inspectio

s of vessels calling at any port of the Philippines, in accordance with
international conventions and standards, for the promotion of safety of life and

property at sea, control and prevention of maritime pollution, and verification of

compliance with the minimum standards of training and social condition of

officers and crew on board the ships.

The PCG shall likewise, in line with its function to assist in the enforcement of
applicable laws within the maritime jurisdiction of the Philippines, assist the
DOLE in the enforcement of the rules and regulations issued for the purpose of
implementing the MLC, 2006, including orders to detain vessels found in gross
violation of pertinent laws, rules and regulations.

Unless otherwise provided in this Act, the mandate, power and function of all

e ig departments, agencies, and instrumentalities of the government,
including government-owned and controlled corporations, shall remain and

continue to be recognized in accordance with law or order creating them.

Sec. 69. One-Stop Shop Center for OFWs (OSSCO). — There shall be established
in each region a One Stop Shop Center for OFWs, which shall be co-located in the
regional offices of the POEA, and shall have, as far as practicable, representatives from
agencies that process the documents or issue the required licenses, permits and

clearances required of seafarers.

Sec. 70. Registry of Seafarers. - The POEA, for ocean-going ships of foreign
registry, and MARINA, for domestic and ocean-going ships of Philippine registry, shall
maintain a registry of all seafarers in the Philippines; Provided, that the registry of
seafarers aboard ocean-going ships shall be integrated to the management information
system established under the Migrant Workers and Overseas Filipinos Act, as amended.
The registry shall contain updated and relevant information or data to promote
employment opportunities for seafarers, whether on board or ashore, or to provide a list
of available training and education to support skills development and competencies of
seafarers, as well as a digitalized copy of the duly executed contract.


Rw

Coed .aAu

16
17
18
19

20
21
22
23
24

32
33
34
35
36
37

38

POEA and MARINA shall ensure compliance with Republic Act No. 10173,
otherwise known as the "Data Privacy Act of 2012,” and its implementing rules and
regulations in handling the relevant information or data of seafarers in their respective

registries.

Sec. 71. Maritime Occupational Safety and Health Standards. — The DOLE, in
consultation with the maritime industry stakeholders, shall formulate the Maritime
Occupational Safety and Health Standards (MOSHS) pursuant to the provisions of
Republic Act No. 11058, otherwise known as the "Occupational Safety and Health Law"
and pertinent maritime conventions and treaties ratified by the Philippines.

CHAPTER XIX
FINAL PROVISIONS.

Sec. 72. Administrative Fines and Penalties. - Any shipowner, master, their
representatives or other person who fails or refuses to present employment records,
such as payrolls, daily time records, payslip, or other documents, such as medical
records, when required by the individual seafarer, the Secretary of Labor or his duly
authorized representative, or the duly authorized representative of a recognized
organization, shall be subjected to administrative fines ranging from One Hundred
Thousand Pesos (Php 100,000) to One Million Pesos (Php 1,000,000), in accordance
with the implementing rules and regulations of this Act.

See. 73. Penalties for Violations of Section 68. -Any shipowner, master, their
representatives who operate without, or fails to present, a valid Maritime Labour
Certificate, or its equivalent, shall be punished with fines ranging from One Hundred
Thousand Pesos (Php 100,000) to One Million Pesos (Php 1,000,000), in accordance

with the implementing rules and regulations of this Act.

See. 74. Penalties for Violations of Sections 69 and 70. — Any person who,
without proper authorization, exercises the authority granted to the Secretary of Labor
and Employment under Sections 69 and 70 of this Act shall be punished with a fine of
not less than Two Hundred Thousand Pesos (Php200,000) nor more than Two Million
Pesos (Php2,000,000), or imprisonment of not less than one (1) year nor more than
four (4) years, or both at the discretion of the court. The foregoing offense shall
prescribe after five (5) years from its commission.

Sec. 75. Transitory Provision. ~ All rights, privileges, and benefits previously
enjoyed by 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.


wR N

a

Sec. 76. Implementing Rules and Regulations. ~ Within ninety (90) days from
the effectivity of this Act, the DOLE, in coordination with DFA, MARINA, CHED,
TESDA, PCG, POEA, OWWA, and other concerned agencies, and upon consultation
with relevant stakeholders, shall formulate the rules and regulations for the effective
implementation of this Act.

Sec. 77. Separability Clause. - If, for any reason, any section, clause, or term of
this Act is held to be illegal, invalid, or unconstitutional, such parts not affected by such
declaration shall remain in full force and effect.

Sec. 78. Repealing Clause. - All laws, presidential decrees, issuances, executive
orders, letters of instruction, rules, and regulations inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.

Sec. 79. Effectivity Clause. -This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,