NINETEENTH CONGRESS OF THE ] 
REPUBLIC OF THE PHILIPPINES ] 
First Regular Session 
]
SENATE
s.B. No. 822
{& s»cii«ie
o{ tijr i
‘22 JUL 25 All 39
RlTEiVED BY:
Introduced by SEN. WIN GATCHALIAN
AN ACT
INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS
EXPLANATORY NOTE
Amidst the pandemic, the Philippines continues to be one of the major suppliers 
of maritime labor globally as it is estimated that there is one Filipino seafarer for every 
four to five crewmembers on board a vessel at any time.1 Despite a 54% drop in the 
total number of seafarers deployed overseas from the Philippines in 2020,2 the POEA 
reported that the number of Filipino seafarers deployed in 2021 was almost the same 
level as those who boarded ships pre-pandemic, at 40,000 deployments per month.3 
Also, the sea-based remittances in 2021 reached $6.54 billion, which comprise at least 
21 percent of the total dollar remittances of all Overseas Filipino Workers and is slightly 
higher than the 2020 sea-based remittances of $6.35 billion.4 These data are
1 
Gorecho, Dennis. "Philippines still a top supplier of seafarers/' (March 25, 2022) 
https://businessmirror.com.ph/2022/03/25/philippines-still-a-top-supplier-of-seafarers/
2 Seatrade Maritime News, "Philippines international seafarer deployment plummets 54% in 2020," 
https://www.seatrade-maritime.com/ship-operations/philippines-international-seafarer-deployment- 
plummets-54-2020
3 GMA News, "POEA: Philippines starting to recover in terms o'" seafarers' deployment," 
https://www.gmanetwork.com^ews/pinoyabroad/dispaLch/812263/poea-philippines-starting-to- 
recover-in-terms-of-seafarers-deployment/story/
4 Bangko Sentral ng Pilipinas, "Overseas Filipinos' Cash Remittances By Country, By Source," 
https://www.bsp.gov.ph/statistics/externaI/Table%2011.pdf


testaments to how unparalleled and in demand Filipino seafarers are as well as their 
critical role and contribution to the economic growth of the country.
Thus, there is a need to ensure that our Filipino seafarers are continuously 
nurtured, protected, and guided by the government in terms of setting up mechanisms 
that can protect them even beyond our borders, as well as building their competency 
through education and skills training to sustain and improve their overall 
competitiveness and professional advantage.
Accordingly, Issues compounding the Filipino seafarers employabil'ty in relation 
to international standards on trainings and certifications;5 the protection of our 
seafarers during an epidemic, pandemic, and other public health emergencies; and 
the paramount valuability of the sea-based OFW sector in their contributions to our 
country's financial lifeline, are just some of the policy issues that are being addressed 
by this measure. Moreover, this measure fortifies the rights of Filipino Seafarers as it 
includes the promotion and protection of women In the seafaring industry.
This measure also covers both domestic and overseas Filipino seafarers, and 
delineates between the administrative jurisdiction of the Department of Labor and 
Employment (DOLE) over domestic Filipino seafarers, and the nawly-created 
Department of Migrant Workers (DMW) over overseas Filipino seafarers.
In view of the foregoing, the urgent passage of this measure is earnestly 
sought.
5 Philippines Star, "Philippines' compliance with seafarer standards worries ED,"
https://www.philstar.eom/headIines/2019/03/28/1905254/philippines-compliance-seafarer-standards-
worries-eu.


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NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
S. B. No. 822
IIJII senate
ifHficp of tl)C erctnrjp
*22 JUL 25 All 39
RECEIVED BY:
Introduced by SEN. WIN GATCHALIAN
AN ACT
INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled:
CHAPTER I
DECLARATION OF POLICY
SECTION 1. Short Title. -This Act shall be known as the "Magna Carta of 
Filipino Seafarers."
SEC. 2. Declaration of Policies. - It is hereby declared the policy of the
State:
(a) To recognize the rights, contributions, and unique role of seafarers 
as essential maritime professionals, acknowledge their vulnerabilities, and 
afford them full protection before, during, and after their employment;
(b) 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, thus, they need special protection;


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(c) To encourage the participation of women in the seafaring profession
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and contribute meaningfully to the achievement of national development goals
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as productive members of the community;
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(d) To maintain and progressively develop a pool of competent and
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world-class seafarers through a system of education, training, certification, and
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licensing;
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(e) To establish and enhance mechanisms of administrative,
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adjudicative, social, and welfare services for seafarers and their families;
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(f) To enact laws that adopt and implement the standards set by
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international conventions and agreements regarding the working and living
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conditions and occupational safety and health, among others, of seafarers,
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particularly the Maritime Labour Convention, 2006 (MLC, 2006); and
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(g) To recognize shipowners, maritime higher education institutions, and
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licensed manning agencies as vital partners in promoting the rights, welfare,
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skills, and competencies of seafarers.
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Toward these ends, the State shall endeavor to improve the seafarers'
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working conditions, terms and conditions of employment, and career prospects,
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and to provide them opportunities to harnecs their potentials to the fullest. The
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State shall also uplift the socio-economic well-being of the seafarers' families.
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CHAPTER II
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GENERAL PROVISIONS
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SEC. 3. Coverage and Administrative Jurisdiction. - This Act shall cover:
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(a) All Filipino seafarers who are to be engaged, engaged, employed, or
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working in any capacity, on board Philippine or foreign-registered ships,
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merchant vessels, or other sea-based craft of similar category, plying
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international waters: Provided, That seafarars contemplated under Subsection
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3 (a) also include fishers on board commercial fishing vessels on international
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waters or as defined under relevant maritime conventions, cruise ship
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personnel, yacht crew, those serving on mobile offshore and drilling units in the
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high seas, and other persons similarly situated: Provided, however. That


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seafarers that are to be engaged, engaged, employed, or working in the
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following categories of ships, are not covered:
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(1) Warships, naval auxiliaries, and Coast Guard vessels;
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(2) Government ships not engaged in commercial operations; and
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(3) Ships of traditional built, as may be defined under existing rules and
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regulations.
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For the purpose of this Act, a seafarer is deemed "to be engaged" as
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such if the seafarer has been contracted for overseas employment but has yet
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to leave the Philippines.
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Provided, further^ That the Department of Migrant Workers (DMW) shall
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issue the appropriate rules and regulations to govern the employment of
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Overseas Filipino Worker (OFW) seafarers.
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(b) All Filipino seafarers on board Philippine-registered domestic ships
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engaged, in trade and commerce between Philippine ports and within Philippine
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territorial or internal waters shall be covered primarily by equivalent provisions
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of the Presidential Decree (PD) No. 442 or the "Labor Code of the Philippines",
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as amended, and related social and welfare benefits laws: Provided, That
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seafarers on board domestic fishing vessels, as may be defined by appropriate
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rules and regulations to be issued by the Department of Labor and Employment
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(DOLE), in consultation with the Bureau of Fisheries and Aquatic Resources
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(BFAR) and other relevant stakeholders, are deemed as covered by this Act.
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For this purpose, the DOLE shall issue the appropriate rules and
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regulations to govern the employment of domestic seafarers.
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SEC. 4. Definition of Terms. - As used in this Act, the following terms
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shall have following meaning:
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(a) Abandonment vefers to a situation where, in violation of the terms of
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the employment contract, the shipowner:
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i. 
Fails to cover the cost of the seafarer's repatriation;
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ii. 
Has left the seafarer without the necessary maintenance and
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support; or


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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;
(b) 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;
(c) Domestic Shipping refers to the transport of passenger or cargo, or 
both, by ships duly registered and licensed under Philippine law to 
engage in trade and commerce between Philippine ports and within 
Philippine territorial or internal waters, for hire or compensation, with 
general or limited clientele, whether permanent, occasional, or 
incidental, with or without fixed routes, and done for contractual or 
commercial purposes;
(d) Internationai Maritime Convention or Internation ai Convention refers 
to any written treaty or agreement, or any protocol or amendment 
thereto, affecting the maritime industry, which has come into force 
and effect, including the Maritime Labour Convention, 2006 (MLC, 
2006);
(e) Internationai Convention on Standards of Trainingr 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;
(f) Manning Agency xe^exs to a natural or juridical person duly licensed 
by the Secretary of the DMW to engage in the recruitment and 
placement of seafarers;
(g) 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;
(h) Maritime Industry Stakeholders refer to all private stakeholders 
engaged in the business of owning, managing, chartering, or


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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, professional associations of seafarers, 
associations promoting seafarers' welfare, and women's maritime 
organizations;
(i) 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;
(j) 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;
(k) Master to a person having command of a ship and acts as the 
shipowners' representative;
(l) 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;
(m) Officer refers to a member of the crew other than the me-ster who 
has been designated as such by national law or regulation, or, in the 
absence of such designation, by collective agreement or custom;
(n) 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;
(o) 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;


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(p) Repatriation refers to the process of returning a seafarer to the point
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of destination, which shall be at the point of hire or the seafarer's
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place of domicile, at the option of the seafarer, or in case of
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incapacity or death, at the option of his/her next-of-kin;
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(q) Standard Empioyment Contract (SEC) or Empioyment Contract refers
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to a government-prescribed contract containing the minimum terms
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and conditions of employment;
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(r) Seafarer refers to any Filipino who is to be employed, is employed,
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or is engaged to work in any capacity on board a ship covered under
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this Act;
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(s) Ship or vesseirefers to any kind, class, or type of craft or artificial
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contrivance capable of floating in water, whether publicly or privately
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owned, ordinarily engaged In commercial activities; and
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(t) Shipowner or Principai refers to the owner of the ship employing
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Filipino seafarers to work on board domestic ships and ships engaged
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in international trade, or any other organization or person, such as
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the manager, agent, or bareboat charterer, who has assumed the
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responsibility for the operation and management of the ship from the
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shipowner, and who, in assuming such responsibilities, has agreed to
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take over all the attendant duties and responsibilities of a shipowner
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under this Act, regardless of whether any other organization or
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persons fulfill certain duties or responsibilities on behalf of the
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shipowner.
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CHAPTER III
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SEAFARER'S RIGHTS
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SEC. 5. Right to Just Terms and Conditions of Work. - Seafarers shall
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have the right to:
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(a) A safe and secure workplace that complies with safety standards;
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(b) Decent working and living conditions on board a ship;


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(c) Medical care and confirmatory tests, welfare measures, and other 
forms of health and social protection;
(d) 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
(e) Compensation and benefits in the event of death or long-term 
disability for occupational injuries, illnesses, and hazards.
SEC. 6. Right to Self-Organization/ to Engage in Coiiective 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 Educationai Advancement and Training at Reasonabie 
andAffordabie Costs. - Seafarers shall have access to educational advancement 
and training at reasonable and affordable costs. Toward this end, relevant 
government agencies shall:
(a) Regulate the operation of all educational and training institutions 
offering courses related to seafaring;
(b) Pursue grant programs, such as scholarships, subsidies, loan 
assistance, and other measures that will harness the skills of 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


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(d) 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 SEC, as well as the 
results of the medical examination conducted on him/her. This right shall also 
include the right of seafarers' organizations to relevant information affecting 
the terms and conditions of employment of their members.
All ships covered by this Act shall have a copy of the MLC, 2006, the 
grievance procedures available on-board, duly executed SEC of the 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 DMW or DOLE, as 
the case may be, such Incident and the details of the family or next-of-kin of 
the concerned seafarer/s.


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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 AH 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 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.


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SEC. 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 telephone communications, email, and internet 
facilities, where available.
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
SEC. 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, tc 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, manning agencies 
and all maritime training Institutions shall formulate gender and development
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policies, and 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, in consonance with Republic Act 
(RA) No. 9710, otherwise known as the "Magna Carta for Women"
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 SEC;
(b) To abide 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 
up-to-date 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.
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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 
truthful'y 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 shall 
at all times comply with the provisions of RA 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 Migrant Workers, 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.
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CHAPTER VII
TERMS AND CONDITIONS OF EMPLOYMENT
SEC. 25. Standard Employment Contract for Seafarers. - There shall be 
an SEC 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 DMW 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;
0) 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;
(k) Compensation and benefits for occupational injury. Illness, or death;
(l) Social security and welfare benefits, including the compulsory 
insurance coverage as provided under RA No. 8042, or the "Migrant 
Workers and Overseas Filipinos Act", as amended by RA No. 10022;
(m) Stipulations on repatriation or similar undertakings;
(n) Separation pay and retirement pay, if applicable;
(o) 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
13


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of the agreement. In addition, a signed original shall be made available on
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board the ship.
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For ocean-going Philippine-registered ships or foreign-registered ships,
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the DMW shall issue a SEC containing the minimum standards to be observed
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in the employment of seafarers. The SEC shall be reviewed and updated
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regularly and must, at all times, be consistent with the MLC, 2006, and other
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existing treaties and conventions governing seafarers, which the Philippines has
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ratified or will ratify in the future.
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SEC. 26. Maximum Hours of Work and Minimum Hours of Rest -The
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normal hours of work of a seafarer shall not exceed eight (8) hours a day with
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one (1) rest day per week. If the seafarer is required to work beyond eight (8)
13 
hours, the maximum hours of work shall not exceed fourteen (14) hours in any
14 
24-hour period, and seventy-two (72) hours in any seven (7)-day period. The
15 
minimum hours of rest for every seafarer shall not be less than ten (10) hours
16 
in a 24-hour period. The hours of rest may be divided into two periods, one of
17 
which shall be at least six (6) hours in length, and the interval between the two
18 
periods of rest shall not exceed fourteen (14) hours.
19 
In exceptional cases, seafarers in watchkeeping duties may be required
20 
to work beyond fourteen (14) hours: Provided, That the rest period is not less
21 
than seventy (70) hours in any seven-day period; Provided, further, That such
22 
watchkeeping duties shall not be allowed for more than two (2) consecutive
23 
weeks; Provided, finally. That the intervals between the two (2) periods shall
24 
not be less than twice the duration of the exception. Seafarers shall be granted
25 
reasonable periods of shore leaves while the vessel is docked for the benefit of
26 
their health and well-being, subject to proportionate and specifically adopted
27 
rules, regulations, and measures of the Port State.
28
29 
SEC. 27. Paid Annual Leave. - Unless a higher annual leave is already
30 
provided in the employment contract, or under a CBA, or by the shipowner as
31 
company practice or policy, the seafarers shall be paid an annual leave, to be
32 
calculated on the basis of a minimum of 4.5 calendar days per month of
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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;
(u) Public and customary holidays of the Philippines, whether or not they 
fall during the paid annual leave;
(b) Periods of incapacity for work:
(i) resulting from illness or injury; or
(ii) due to maternity or paternity leave in accordance with law;
(c) Temporary shore leave granted to a seafarer while employed; or
(d) Compensatory leave of any kind.
SEC. 28. Wages. - Without prejudice to higher rates provided under the 
SEC, 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 SEC, 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.
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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 benefits conferred by, the Overseas Workers 
Welfare Administration (OWWA), Social Security System (SSS), Employees' 
Compensation and State Insurance Fund, PhilHealth, Home Development 
Mutual Fund 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.
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CHAPTER VIII
ACCOMMODATION, 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 regulahons, 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, 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
17


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trading patterns and length of voyages allow their crew to go home or to make
2 
use of comparable facilities onshore.
3
4 
SEC. 39. Food and Catering. -All ships shall ensure protection and
5 
promotion of the health of the seafarer. Toward this end, shipowners shall
6 
ensure that ships carry on-board and serve free food and drinking water of
7 
appropriate quality, quantity, and nutritional value that adequately cover the
8 
requirements of the ship and take into consideration the differing cultural and
9 
religious backgrounds of the seafarers on board the ship. The food and drinks
10 
in the preparation thereof shall be in accordance with the standards of the
11 
Sanitation Code of the Philippines and pertinent laws, rules and regulations,
12 
and/or with international standards. In all cases, the ship's cooks shall be
13 
trained and qualified.
14
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CHAPTER IX
16 
MEDICAL CARE AND MARITIME OCCUPATIONAL
17 
SAFETY AND HEALTH STANDARDS
18 
SEC. 40. Medical Care On Board Ships and Ashore. - "rhe shipov/ner shall
19 
provide adequate medical facility, equipment, paraphernalia, and medical
20 
supplies, including medicines on board, and shall ensure access to shore
21 
facilities for the health of seafarers, as well as the corresponding medical or
22 
trained personnel who shall provide first-aid and medical care.
23 
The medicine chest and its contents, the medical equipment, and the
24 
medical guide on board shall be maintained and Inspected regularly to ensure
25 
that labeling, expiry dates, and conditions of storage of all medicines and the
26 
directions for their use are checked, and all equipment are functioning properly.
27 
The shipowner shall ensure that seafarers have access to medical
28 
treatment for any illness or injury, hospitalization, and dental treatment until
29 
the sick or injured seafarer has recovered or until the sickness or incapacity has
30 
been declared of a permanent character.
31 
A seafarer shall have the right to consult a qualified physician or dentist
32 
without delay in ports of call, where practicable. The health protection and
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medical care under this Section shall be provided at no cos1: to the seafarer, in
2 
accordance with rules and regulations issued for this purpose.
3
4 
SEC. 41. Protection of Seafarers from Epidemics, Pandemics, or Other
5 
PubiicHeaith Emergencies. - Seafarers on ships should be covered by adequate
6 
measures for protection from health-related outbreaks, such as epidemics and
7 
pandemics, including the provision of personal protective supplies and
8 
equipment, as appropriate. Seafarers shall have access to prompt and adequate
9 
medical care while on board, including medical advice and confidential helplines
10 
on physical and mental health, which shall be free of charge.
11 
Shipowners shall institute preventive measures in accordance with the
12 
health regulations of the Flag State and the appropriate guidelines issued by
13 
the World Health Organization (WHO), including the necessary disinfection,
14 
decontamination, de-ratting, or other measures necessary to prevent the
15 
spread of infection or contamination. Affected seafarers shall also be properly
16 
isolated and treated pursuant to established guidelines of the Flag State, the
17 
WHO, and applicable rules and regulations.
18 
In ports of call, seafarers in need of medical care shall have access to
19 
medical facilities onshore. The transit of seafarers who are medically fit to work
20 
shall be facilitated and exempted from travel-related, health-related, or
21 
movement restrictions until arrival at the point of destination.
22
23 
SEC. 42. Financial Security System to Assist Seafarers in case of
24 
Occupational Injury and Other Causes. - In accordance with the MLC, 2006 on
25 
Financial Security for vessels, the shipowner shall provide an expeditious and
26 
effective financial security system to assist seafarers in the event of their
27 
abandonment and to assure compensation for contractual claims in the event
28 
of sickness, injury, or death occurring while they are serving under a seafarer's
29 
employment contract, or arising from their employment under such agreement.
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CHAPTER X
TERMINATION OF EMPLOYMENT
SEC. 43. Termination of Empioyment -
(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 sen/ice 
aboard the ship, signs-off from the ship, and arrive at the destination as 
specified under paragraph (b) of this Section.;
(b) The employment is also terminated effective upon arrival at the point 
of destination, wh’ch 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 following reasons:
(1) When the seafarer signs-off and is disembarked for medical reasons 
in the event the seafarer is declared:
(i) fit for repatriation; or
(ii) when after an illness, the seafarer Is declared fit to work, but 
the shipowner 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 SEC.
SEC. 44. Extension of Empioyment- In the event of the extension of the
30 
term of a seafarer's employment contract, the seafarer shall be furnished a
31 
copy of the new, or supplemental contract covering the extension of his
32 
employment, with adequate time to review and obtain exp'srt advice regarding
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the terms and conditions of his/her extended employment, which shall in no
2 
case be lower than the terms of his/her original employment.
3 
In all cases, the shipowner, or a duly authorized representative or the
4 
manning agency shall ensure that the seafarer has considered the effect of
5 
such an extension to any accumulated entitlement and repatriation benefits,
6 
among others. Manning agencies and shipowners shall subinit periodic reports
7 
to the DMW on the welfare and well-being of seafarers subjected to such
8 
contract extensions.
9
10 
CHAPTER XI
11 
SETTLEMENT OF DISPUTES
12 
SEC. 45. On Board and Onshore Grievance Machinery. - All ships of
13 
Philippine registry shall establish a grievance machinery and fair, effective, and
14 
expeditious on board and onshore procedures, at no cost to the seafarer, for
15 
the resolution of grievances or complaints.
16 
Any grievance or complaints shall first be referred to the appropriate
17 
grievance mechanism provided under this Section. In cases where a seafarer
18 
is a member of a legitimate trade union organization and covered by a CBA,
19 
he/she shall be assisted by a union-designated representative in the
20 
proceedings. Any agreements reached by the parties at the grievance
21 
proceedings shall be final and binding.
22
23 
SEC. 46. Mandatory Conciiiation - Mediation. - In the absence of an
24 
agreement or settlement at the grievance machinery level, the following rules
25 
shall apply:
26 
(a) If there is a CBA, the matter shall be submitted for voluntary
27 
arbitration in accordance with existing laws, rules, and regulations;
28 
(b) If there is no CBA, the parties chall have the option to submit the
29 
case to compulsory arbitration or voluntary arbitration, or conciliation-
30 
mediation services provided under RA No. 10396, otherwise known as "An Act
31 
Strengthening Conciliation-Mediation as a Voluntary Mode of Dispute
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Settlement for all Labor Cases, amending for this Purpose Article 228 of PD No. 
442, as amended'", 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 kno wledge 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 all 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;
(c) Transportation charges, the normal mode of transport should be by 
air;
(d) Deployment cost of the principal; and
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(e) Immigration fees, fines, and penalties.
2 
However, in cases where the terminotion of employment is for just cause
3 
or upon the request of the seafarer, the cost of repatriation shall be for the
4 
account of the seafarer in accordance with the employment agreement. The
5 
responsibility to provide for the repatriation costs shall be without prejudice to
6 
the right to civil, criminal or other claims in accordance with law or otherwise,
7 
particularly in cases of maritime accident or death other than natural causes.
8
9 
SEC. 50. Quarantine and Medical Expenses in Repatriation Due to
10 
Infection^ Epidemics or Pandemic. - Before or during the process of repatriation,
11 
the expenses of medical care and board and lodging for periods spent by
12 
seafarers in self-isolation or quarantine, whether or not the seafarers have
13 
symptoms, have been exposed or are quarantined as a safety precaution for
14 
the community, shall be covered by the shipowner or manning agency until the
15 
seafarers have been duly repatriated to the repatriation destination. Thereafter,
16 
medical care and quarantine expenses after repatriation to the destination shall
17 
be borne by the Philippine government, following the whole-of-government
18 
approach in the management of epidemics/pandemics.
19
20 
SEC. 51. Waiver of Entitlement to Repatriation. - Entitlement to
21 
repatriation may be waived by a seafarer; Provided, That the waiver shall be
22 
written, made freely and voluntarily, with full knowledge of its consequences;
23 
Provided, however, That no such waiver shall be allowed or presumed when a
24 
seafarers is abandoned, held captive on o;- off the ship as a result of acts of
25 
piracy or armed robbery against the ship, or are incapable of traveling due to
26 
illness, injury or incapacity, or other cases that affect the seafarer's safety and
27 
security.
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CHAPTER XIII
2 
REINTEGRATION OF OVERSEAS FILIPINO SEAFARERS
3 
SEC. 52. Reintegration. -There shall be developed and implemented a
4 
reintegration program for seafarers in consonance with the Full-cycle and
5 
Comprehensive National Reintegration Program for both documented and
6 
undocumented OFWs under Section 17 of RA No. 11641 or the "Department of
7 
Migrant Workers Act".
8
9 
CHAPTER XIV
10 
PROVISIONS APPLICABLE TO DOMESTIC SEAFARERS
11 
SEC. 53. Wages, Hoiiday Pay, Service Incentive Leave, end Other
12 
Statutory Benefits, 
-The minimum wage rate of seafarers on board ships
13 
engaged in domestic shipping shall be determined by the Regional Tripartite
14 
Wages and Productivity Boards (RTWPB), taking into account the peculiarities
15 
of the employment arrangement of seafarers and the criteria for wage-fixing
16 
pursuant to RA No. 6727, otherwise known as the "Wage Rationalization Act";
17 
Provided, That wages for actual work hours and days shall not be lower than
18 
the applicable minimum wage rates in the place where the ship is registered.
19 
Wages of domestic seafarers shall be paid in full and regularly at least
20 
twice a week in a month or at intervals not greater than 16 days as provided
21 
in the PD No. 442, as amended. In addition, the provisions of PD No. 442, as
22 
amended, on "Prohibitions Regarding Wages," "Wage Studies, Wage
23 
Agreements, and Wage Determination," "Administration and Enforcement,"
24 
"Flolidays," "Service Incentive Leaves and Service Charges," shall continue to
25 
apply, unless higher annual leave is already provided under the CBA or by the
26 
shipowner as company practice or policy or seafarers' employment agreement.
27 
In addition, domestic seafarers shall also be entitled to:
28 
(i) 
13th month pay pursuant to PD No. 851, as amended;
29 
(ii) 
Paid maternity leave under RA No. 11210, otherwise
30 
known as the "105-Day Expanded Maternity Leave Law";
31 
(iii) Paid paternity leave under RA No. 8187, otherwise known
32 
as the "Paternity Leave Act of 1996";
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(iv) Paid parental leave for solo parents under RA No. 8972,
2 
otherwise known as the "Solo Parents' Welfare Act of
3 
2000";
4 
(v) Paid leave for victims of violence against women and their
5 
children under RA No. 9262, otherwise known as the "Anti-
6 
Violence Against Women and their Children Act of 2004";
7 
(vi) Paid special leave due to surgery for any gynecological
8 
disorder, under RA No. 9710, otherwise known as the
9 
"Magna Carta of Women"; and
10 
(vii) Retirement pay, pursuant to RA No. 7641.
11 
Domestic seafarers shall also be entitled to SSS, PhilHealth, and
12 
Employee Compensation Commission (ECC) benefits, HDMF or Pag-IBIG Fund,
13 
and other applicable social protection in accordance with law, regardless of the
14 
benefits already provided under a contract, CBA, or company practice or policy.
15
16 
SEC. 54. Employnisnt Contract - There shall be an agreement in writing
17 
between the shipowner and the seafarer, which shall include the following
18 
terms:
19 
(a) Seafarer's full name, date of birth, age, birthplace, permanent,
20 
and/or residential address;
21 
(b) Seafarer's Record Book Number, Seafarer's Identity Document
22 
Number;
23 
(c) Shipowner's name and address;
24 
(d) Place where and date when the seafarer's employment agreement
25 
is entered into;
26 
(e) Duration of the contract;
27 
(f) Point of hire;
28 
(g) Capacity in which the seafarer is to be employed;
29 
(h) Amount of the seafarer's salary, and the formula used for calculating
30 
the same;
31 
(i) Maximum hours of work and minimum hours of rest;
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(j) 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 ISth-monih pay, if applicable;
(k) Compensation and benefits for occupational injury, illness, or death;
(l) Social security and welfare benefits, including the compulsory 
insurance coverage as provided under RA No. 8042, as amended by 
RA No. 10022;
(m) Stipulations in case of rescues cr other similar undertakings;
(n) Separation pay and retirement pay, if applicable;
(o) 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.
SEC. 56. Termination of Empioyment of Domestic Seafarers. -The 
termination of employment of a seafarer on board domestic ships shall be 
governed by the provisions of the PD No. 442, 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.
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SEC. 57. Rescue of Seafarers On-Board Domestic Ships. -The provisions 
under this Act on repatriation, as may be applicable, shall also apply to 
seafare,'s 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 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 Leveis. - 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.
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SEC. 61. Compliance and Certification. - All ships of Philippine registry
2 
shall comply with the provisions of this Act. The shipowner and master shall
3 
ensure the compliance of the ship with this Act and its imp'ementing rules and
4 
regulations, who shall be made principally liable for any violation thereof. For
5 
this purpose, a Maritime Labour Certificate or a certificate of compliance, as
6 
applicable, shall be issued in accordance with the implementing rules and
7 
regulations of this Act.
8
9 
SEC. 62. Inspection and Enforcement; Concurrent Administrative
10 
Jurisdiction. -
11 
(a) The Secretary of Labor or the Secretary of Migrant Workers, or their
12 
respective duly authorized representative, shall have the authority to inspect all
13 
ships of Philippine registry, domestic or ocean-going, to ensure compliance with
14 
labor standards and occupational safety and health as provided under this Act.
15 
The enforcement and compliance monitoring activities may be
16 
coordinated and conducted by the DOLE or DMW with the relevant government
17 
agencies, including MARINA and Philippine Coast Guard (PCG), in conjunction
18 
with their schedules for inspection and certification. The Secretary of Labor or
19 
the Secretary of Migrant Workers, or their respective duly authorized
20 
representative, shall have the power to order immediate correction of, and
21 
impose fines for, violations of the relevant provisions of this Act.
22 
If the violation or deficiency constitutes a serious breach of the
23 
requirement of this Act and its implementing rules and regulations or poses an
24 
imminent danger to the ships, and/or to the life or limbs of the seafarer, the
25 
Secretary of Labor or the Secretary of Migrant Workers, or their respective duly
26 
authorized representative, shall coordinate with the PCG to order the detention
27 
of the ship immediately until the violation or deficiency is corrected or until a
28 
plan of action to rectify the non-conformities is shown to be implemented In an
29 
expeditious manner.
30 
(b) The PCG shall have the authority to conduct port state control
31 
inspections of vessels, including all foreign-flagged vessels, calling at any port
32 
of the Philippines, for the promotion of safety of life and property at sea, control
28


1 
and prevention of maritime pollution, and verification of compliance with the
2 
minimum standards of training and social condition of officers and crew on
3 
board the ships. The PCG shall assist relevant agencies in the enforcement of
4 
the provisions of this Act and its implementing rules and regulations, and the
5 
MLC, 2006. The conduct of port state controls shall be in accordance with
6 
international conventions and instruments ratified or to be ratified in the future.
7 
The PCG Commandant or his/her duly authorized representative shall have the
8 
power to order immediate correction of, and impose fines for, violations of the
9 
relevant provisions of this Act.
10 
The PCG shall prohibit a ship from leaving port upon the order of the
11 
Secretary of Labor or the Secretary of Migrant Workers, or in case of finding of
12 
non-compliance with the provisions of this Act and the MI.C, 2006 and/or its
13 
amendments and the conditions on board are clearly hazardous to the safety,
14 
health, or security of seafarers. In all cases, the prohibition to leave the port
15 
shall be in place until the same have been rectified or until a plan of action to
16 
rectify the non-conformities is shown to be implemented in an expeditious
17 
manner, and cleared by the Secretary of Labor or the Secretary of Migrant
18 
Workers.
19
20 
SEC. 63. Recognized Organizations. - Recognized organizations may be
21 
authorized by the Secretary of Labor to conduct inspection and issue
22 
certification in accordance with the provisions of this Act and its implementing
23 
rules and regulations. A recognized organization shall have the necessary
24 
knowledge of the requirements of this Act and its implementing rules and
25 
regulations, MLC, 2006, and other relevant international treaties or
26 
conventions. A recognized organization siiali also have the necessary and
27 
qualified professional, technical, and support expertise to carry out the conduct
28 
of inspection and issuance of certification.
29


1 
CHAPTER XVI
2 
SHIPBOARD TRAINING OF CADETS
3 
SEC. 64. Applicability. -The provisions of Sections 5 to 17 (Seafarers'
4 
Rights), Sections 18 to 19 (Women in t!ie Maritime Industry), Section 22
5 
(Medical Certificate), Sections 35 to 39 (Accommodation, Recreation Facilities,
6 
Food and Catering in Ships), Section 40 (Medical Care On Board Ships and
7 
Ashore), Sections 45 to 47 (Settlement of Disputes), Sections 48 to 50
8 
(Repatriation) shall apply with respect to the training of cadets.
9
10 
SEC. 65. Shipboard Training Agreement for Cadets. -There shall be a
11 
written agreement among the shipowner, the cadet, and the maritime
12 
institution or school, which shall embody the following information, terms, and
13 
conditions:
14 
(a) Cadet's full name, date of birth, birthplace, and age, which should
15 
be at least 16 years old;
16 
(b) Name and address of maritime institution or school;
17 
(c) Name and address of shipowner and its manring and placement
18 
agency, if applicable;
19 
(d) Place and date when the agreement is entered into;
20 
(e) Capacity in which the cadet is to be trained;
21 
(f) The amount of the cadet's allowance or stipend, if applicable;
22 
(g) Required number of hours of training and rest which shall not be less
23 
than the prescribed hours of rest in Section 23 of this Act;
24 
(h) Duties and responsibilities of the sponsoring company, the Maritime
25 
Higher Educational Institution (MHEIs), and cadets, as may be provided under
26 
the 'Standard Cadet Training Agreement on Ships Engaged in International
27 
Voyage' of the DMW; and
28 
(i) Other benefits in accordance with existing laws, company policy, or
29 
agreements. In no case shall cadets perform activities outside of the scope of
30 
the cadet shipboard training program.
31 
The foregoing agreement shall be in a language familiar to and
32 
understood by ail parties or in English, executed in four (4) original copies
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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.
SEC. 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 traiiiing.
CHAPTER 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. Roie of Government Agencies. - The following government 
agencies shall perform the following functions to promo'ie the we'fare 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
31


1 
delivery, procedures, and course materials compliant with international
2 
standards prescribed under the STCW Convention and its amendments. For this
3 
purpose, CHED shall be in close coordination with the MARINA.
4 
(b) Department of Labor and Employment (DOLE) - The DOLE shall
5 
ensure that the standards set forth under this Act, PD No. 442, as amended,
6 
and other domestic laws; the MLC, 2006 and other international treaties and
7 
conventions to which the Philippines is a signatory, are faithfully complied with
8 
and fairly applied to Filipino domestic seafarers. To this end, the DOLE shall
9 
establisl'i an effective system for the inspe:tion and certification of vessels of
10 
Philippine registry to ensure that the working and living conditions of domestic
11 
seafarers are met and continue to be met pursuant to the aforementioned
12 
domestic laws, and international treaties and conventions.
13 
(c) Department of Migrant Workers (DMW). - The DMW shall ensure
14 
that the standards set forth under this Act, PD No. 442, as amended, and other
15 
domestic laws; the MLC, 2006 and other international treaties and conventions
16 
to which the Philippines is a signatory, are faithfully complied with and fairly
17 
applied to overseas Filipino seafarers. It shall also further review and improve
18 
on the working conditions and terms of employment of officers and crew
19 
members who are Filipino citizens and employed by foreign-registered vessels.
20 
The DMW, through its Migrant Workers Office of the Philippine Foreign
21 
Service Posts, in coordination with the Department of Foreign Affairs (DFA),
22 
shall take priority action or make representation with the foreign authority
23 
concerned to protect the rights of overseas Filipino seafarers and extend
24 
immediate assistance, including the repatriation of distressed or beleaguered
25 
overseas Filipino seafarers.
26 
(d) Department of Flealth (DOH). - DOH shall regulate the activities and
27 
operations of all clinics which conduct medical, physical, optical, dental,
28 
psychological, and other similar examinations, hereinafter referred to as health
29 
examinations, on seafarers. The DOFI shall determine and prescribe the nature
30 
of the medical examination that shall be required of a seafarer, ensuring that
31 
such examination will genuinely determine the seafarer's State cf health,
32 
considering the duties that he/she shall be required to perform on board. The
32


1 
DOH shall likewise prescribe the contents of the medical certificate to ensure
2 
that such certification will genuinely reflect the seafarer's state of health.
3 
(e) Overseas Workers' Welfare Administration (OWWA). - The OWWA,
4 
through its welfare officer or, in his absence, the coordinating officer, shall
5 
provide the seafarers and his/her family all the assistance they may need in the
6 
enforcement of contractual obligations by agencies and/or by their principals.
7 
The OWWA shall likewise formulate and implement welfare programs for
8 
overseas Filipino seafarers and their families while they are abroad and upon
9 
their return. It shall ensure the awareness by the overseas Filipino workers and
10 
their families of these programs and other related governmental programs.
11 
(f) Maritime Industry Authority (MARINA). - The MARINA shall ensure
12 
that the examination, licensing, and certification system for seafarers are In
13 
accordance with the requirements prescribed under the STOW Convention,
14 
international 
agreements, other conventions relevant thereto, and other
15 
applicable laws, rules, and regulations. Tiie MARINA shall also maintain the
16 
National Registry of Seafarers.
17 
(g) National Maritime Polytechnic (NMP). - The NMP shall strengthen its
18 
research capability to provide studies/resources for evidenced-based policy
19 
decision-making and program development, and continuously address gaps in
20 
the protection and welfare of the seafarers. The NMP shall also continue to
21 
develop, enhance, and increase the accessibility of its gender and women
22 
empowerment and training courses for seafarers to the maritime industry,
23 
which shall be made available in any format, including digital and/or e-learnIng
24 
format.
25 
(h) Philippine Coast Guard (PCG). - The PCG shall undertake port state
26 
control Inspections of vessels calling at any port of the Philippines, in
27 
accordance with international conventions and standards, for the promotion of
28 
safety of life and property at sea, control and prevention of maritime pollution,
29 
and verification of compliance with the minimum standards of training and
30 
social condition of officers and crew on board the ships. The PCG shall likewise,
31 
in line with its function to assist in the enforcement of applicable laws within
32 
the maritime jurisdiction of the Philippines, assist the DOLE in the enforcement
33


1 
of the rules and regulations issued for the purpose of implementing the MLC,
2 
2006, including orders to detain vessels found in gross violation of pertinent
3 
laws, rules and regulations.
4 
Unless otherwise provided in this Act, the mandate, power and function
5 
of all existing departments, agencies, and instrumentalities of the government,
6 
including government-owned and controlled corporations,- shall remain and
7 
continue to be recognized in accordance with law or order creating them.
8
9 
SEC. 69. National Registry of Seafarers. -The DMW, for covered vessels
10 
of foreign registry under this Act, and MARINA, in coordination with DOLE, for
11 
domestic and ocean-going ships of Philippine registry, shali maintain separate
12 
registries of seafarers under their administrative jurisdiction; Provided, That the
13 
registry of seafarers aboard covered vessels of foreign registry shall be
14 
integrated to the management information system established under Sec. 18
15 
of RA No, 11641, with reference to Sec. 20 of RA No. 8042, as amended by RA
16 
No. 10022; Provided, further. That the DMW and MARINA registries shall be
17 
unified into a National Registry of Seafarers to be administered and maintained
18 
by the MARINA.
19 
The registries shall contain updated and relevant information or data to
20 
promote employment opportunities for seafarers, whether on board or ashore,
21 
or to provide a list of available training and education to support skills
22 
development and competencies of seafarers, as well as a digitalized copy of the
23 
duly executed contract. DMW and MARINA shall ensure compliance with RA No.
24 
10173, otherwise known as the "Data Privacy Act of 2012," and its
25 
implementing rules and regulations, in handling the relevant information or data
26 
of seafarers in their respective registries, and in the unified registry.
27
28 
SEC. 70. Maritime Occupational Safety and Health Standards. - The
29 
DOLE, in consultation with the maritime industry stakeholders, shall formulate
30 
the Maritime Occupational Safety and Health Standards (MOSHS) pursuant to
31 
the provisions of RA No. 11058, otherwise known as the "Occupational Safety
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and Health Law" and pertinent maritime conventions and treaties ratified by 
the Philippines.
CHAPTER XIX 
FINAL PROVISIONS
SEC. 71. 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, such as medical records, when required by the individual seafarer; 
the Secretary of Labor or his duly authorized representative; the Secretary of 
Migrant Workers or his duly authorized rep resentative; 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.
SEC. 72. Penaities for Vioiations of Section 61. - Any shipowner, master, 
the 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 
1,000,000.00), in accordance with the implementing rules and regulations of 
this Act.
SEC. 73. Penaities for Vioiations of Sections 62 and 63. - Any person 
who, without proper authorization, exercises the authority granted to the 
Secretary of Labor and Employment or Secretary of Migrant Workers under Sec. 
62, and Secretary of Labor and Employment under Sec. 63, of this Act, shall be 
punished with a fine of not less than Two Hundred Thousand Pesos (Php 
200,000,00) nor more than Two Million Pesos (Php 2,000,000), 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.
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SEC. 74. Transitory Provision, - All rights, privileges, and benefits 
previously enjbyed by seafarers before the effectivity of this Act, including those 
set forth in PP No. 442, as amended, and RA No. 8042, as amended, shall 
continue to be recognized and shall not be diminished after the effectivity of 
this Act.
SEC. 75. Irnpiemerting Rules and Regulations. - Within ninety (90) days 
from the effectivity of this Act, the DMW and the DOLE, in coordination with 
DFA, MARINA, CHED, TESDA, PCG, 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. 76. Separability Clause. - If any provision of this Act is declared 
invalid or unconstitutional, the provisions not affected thereby shall remain in 
full force and effect.
SEC. 77. Repealing Clause. - All laws, presidential decrees, executive 
orders, presidential proclamations, rules and regulations or parts thereof 
contrary to or inconsistent with this Act are hereby repealed or modified 
accordingly.
SEC. 78. Effectivity. -This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette ov in a newspaper of general circulation in the 
Philippines.
Approved,
36