Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH (16™) CONGRESS
First Regular Session

House Bill No,__ 8895

Introduced by Hon, Joseph Gilbert F. Violago and Hon, Juan J

EXPLANATORY NOTE

For more than five centuries starting in the 16" century, Filipino seamen have manned ships
for world trade and commerce. A recent report stated that there was even a time that Filipino
seafarers accounted nearly one-third of the world's 1.3 million seafarers. It is without any doubt that
in the coming years, the Philippines will continue to remain a major source of global maritime labor
and expertise even in the face of economic recessions.

Despite their immense contributions to the national economy and to the upliftment of
poverty in the country, the particular needs of our overseas Filipino seafarers have remained
unaddressed. It is unfortunate and lamentable that most of the policies and programs catering to the
needs of migrant workers are designed for the conditions and situation of land-based overseas
workers.

Hence, this bill proposes the establishment of a Magna Carta of Overseas Filipino Seafarers
which, among others, guarantees their rights to safe and humane working conditions; just
compensation; affordable and quality education and training and advancement courses; access to
loans; housing and health benefits; effective insurance coverage; and reintegration-—-a long overdue
legislation that accords them equal recognition and a strong mantle of protection and promotion of
their welfare as well as for their families.

In view of the foregoing, the swift passage of this bill is most respectfully sought,

Pa
HON. JOSEPH F. VIOLAGO HON. JUAN JOHNNY R. REVILLA.
Representative Representative

2™ District, Nueva Ecija OFW FAMILY Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH (16™) CONGRESS
First Regular Session

House Bill No,_ 8895

Introduced by Hon. Joseph Gilbert F. Violago and Hon, Juan Johnny R. Revilla

AN ACT
ESTABLISHING A STANDARD OF PROTECTION AND PROMOTION
OF THE WELFARE OF FILIPINO SEAFARERS AND THEIR FAMILIES
AND FOR OTHER PURPOSES

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

CHAPTER I
GENERAL PROVISIONS

SECTION. 1. Short Title. This Act shall be known as the “Magna Carta of Overseas
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 overseas Filipino seafarers,
as well as their vulnerabilities, and afford them full protection before, during and
after their employment;

b) To enact laws that ratify, adopt and implement the standards set by international
conventions and agreements on the safety, working conditions and working hours,
among others, for the benefit and safety of seafarers, and particularly the Maritime
Labor Convention which was approved by the International Labor Organization in
2006;

©) To maintain and progressively develop a pool of competent and world class Filipino
seafarers of all grades and ratings through a system of education and training and of
accreditation and licensing;

d) To establish mechanisms for the enhancement of administrative, adjudicative, social
as well as welfare services for them and their families; and

e) To ensure the compliance of (1) owners of vessels employing Filipino seafarers, either
foreign or local, and (2) manning agencies deploying Filipino seafarers with
international laws and standards that protect the right of migrant workers.

‘Toward these ends, the State shall endeavor to improve the overseas Filipino seafarers’
working conditions, terms of employment, career prospects and provide them opportunities to
harness their potentials to the fullest. The State shall further work to uplift the socio-economic
well-being of their families and dependents.

SEC. 3. Applicability. All rights and benefits granted under this Act shall, except as may
otherwise be provided herein, apply to the Filipino seafarers as defined herein. All rights,
privileges and benefits previously enjoyed by overseas Filipino seafarers before the effectivity of


this Act, especially but not limited to those set forth in Republic Act No. 8042, or the Migrant
Workers and Overseas Filipinos Act of 1995, as amended by Republic Act No. 10022, shall
continue to be recognized and shall not be diminished after the effectivity of this Act.

SEC. 4. Definitions. For purposes of this Act, the following terms shall have the
following definitions:

a) “Authority” refers to the document issued by the DOLE authorizing any person or
entity to engage in the recruitment and placement of seafarers or OFWs;

b) “CDA“refers to the Cooperative Development Authority.

©) “Commission on Higher Education (CHED)” refers to the government agency
created pursuant to Republic Act No. 7722;

4) “Department of Education (Dep-Ed)” refers to the government agency created
pursuant to Executive Order No. 117 s, 1987, as amended by Republic Act Nos. 7722,
7796, and 9155;

©) “Department of Foreign Affairs (DFA)” refers to the government agency created
pursuant to Republic Act No. 7157;

f) “Department of Labor and Employment (DOLE)” refers to the government agency
created pursuant to Executive Order No. 292;

8) “Department of Transportation and Communications (DOTO)” refers to the
government agency created pursuant to Executive Order Nos. 125 and 125-a series of
1987;

h) “Departure” refers to actual departure from point of hire of a Filipino seafarer
through air, sea or land travel transport to join his vessel in a Philippine or foreign port;

i) “Insurance Commission” refers to the government agency pursuant to Presidential
Decrees No, 63, 612 and 1460.

J) “LO refers to the International Labour Organization;
k) “IMO” refers to the International Maritime Organization;

!) “Unformal Blacklisting” refers to the unlawful practice of manning ot crewing
agencies or recruitment and placement services, or companies to directly or indirectly
prevent or deter seafarers, without valid cause from gaining productive employment,
whether the job applicant is for employment or reemployment;

m) “License” refers to the document issued by the DOLE authorizing any person or
entity to operate a manning agency;

n) “Manning or Crewing Agencies” or “Recruitment and Placement services” shall refer
to any person, company, institution, agency or other organization in the public or private
sector, which is engaged in recruiting seafarers on behalf of the employers or placing
seafarers with employers;

©) “Maritime Industry” refers to all enterprises engaged in the business of managing
and/or operating shipping lines, management of ports, stevedoring arrastre, customs


brokerage and cargo surveys; of ship brokering/chartering, designing, constructing,
manufacturing, acquiring, operating, supplying, repairing and/or maintaining vessels, or
component parts thereof; of shipyards and dry-docks; of providing maritime services
such as ship supplies, ship manning and training, maritime consultancy, ship repairs,
machine shops, shipping agencies, freight forwarding and similar enterprises;

P) “Maritime Industry Authority (MARINA)” refers to the government agency created
pursuant to Presidential Decree 474;

4) “Maritime Training Council” refers to the government agency created pursuant to
Letter of Instruction 1404;

1) “Master” refers to a seafarer who has the command and is in-charge of the vessel
being the representative the vessel's owner;

8) “MLC 2006” refers to the consolidated Maritime Labor Convention approved by the
ILO in 2006;

1) “National Maritime Polytechnic” refers to the only government-owned maritime
training center in the country created pursuant to P.D. 1369 and mandated to conduct
training to Filipino seafarers and maritime research;

u) “NSO”refers to the National Statistics Office;

V)_ “Officers” refers to seafarers other than the Master who is designated by law or
regulation as an officer or is serving in that capacity, such as the 3rd mate, 2nd mate,
chief mate, the marine engineer officers in the engine, and other special officers needed in
the vessel;

w) “Overseas Filipino Seafarer’ refers to Filipino Seafarers employed or engaged or
working in any capacity on board a ship engaged in international voyages other than a
government ship used for military or non-commercial purposes. This term includes
ctuise ship personnel and seafarers serving on foreign maritime mobile offshore units
who perform functions similar to those constituting a crew or fisherman;

x) “Overseas Workers Welfare Administration (OWWA)” refers to the government
agency created pursuant to Executive Order No. 126;

¥) "Philippine Coast Guard (PCG)” refers to the government agency created pursuant to
Republic Act No. 5173;

2) “Philippine Overseas Employment Administration (POEA)” refers to the government
agency created pursuant to Executive Order No. 797, as amended by Executive Order No.
247;

aa) “Philippine Port” refers to any point of hire which may either be a Philippine airport
or seaport;

bb) “Philippine Ports Authority (PPA)” refers to the government corporation created
pursuant to Presidential Decree No. 505 dated July 11, 1974 as amended by, among
others, Executive Order No. 159 series of 1987;

cc) “PRC” refers to the Professional Regulation Commission;


dd) “Philippine Seafarer One Stop Processing Center (PSOC)’ refers to the facility center
which houses all relevant offices/agencies involved in providing services to seafarers in
one roof, created under Administrative Order No. 56 on 24 January 2003;

ec) “Philippine Shipping Companies” refers to entities registered and licensed under the
laws of the Philippines to engage in the business of overseas and or domestic water
transportation;

fi) “Point of Hire” refers to the place indicated in the contract of employment which
shall be the basis for determining commencement and termination of contract;

88) “Principal” or “Employer” refers to any person, partnership or corporation
registered and duly authorized to employ Filipino seafarers in its overseas shipping
activities to engage in overseas shipping activities engaging Filipino seafarers;

hh) “Rating” refers to any member of the crew other than the Master or the Officer, who
is considered as ordinary seaman, able seaman, boatswain or bosun in the deck, the
wiper, motorman, fitters and such other special ratings needed on board the vessel;

li) “Recruitment and Placement” refers to any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring or procuring workers, and include referrals, contact
services, promising or advertising employment, locally or abroad, whether for profit or
not,

Ji), “Seafarer or Filipino Seafarer” refers to any Filipino who fulfills the conditions to be
employed or engaged or to work on board a ship or vessel as defined herein other than a
government ship used for military or non-commercial purposes, and shall include
overseas Filipino seafarers.

kk) “Shipowner” refers to the company or owner of the ship or any other organization or
person, such as the manager, agent or bareboat charterer, who has assumed the
responsibility for operation and management of the ship from the ship owner, and who,
on assuming such responsibilities, has agreed to take over all the attendant duties and
responsibilities of a ship owner;

Il) “STCW 1978 refers to the International Convention on Standards of Training,
Certification and Watch-keeping for Seafarers, 1978 as amended in 1995;

mm) “Vessel or Ship” includes any ship or boat of any nature whatsoever, ordinarily
engaged in maritime navigation, including mobile offshore units capable of navigating
under its own power;

un) “Technical Education and Skills Development Authority (TESDA)” refers to the
government agency created pursuant to Republic Act No. 7796;

00) “TRC” refers to the Technical Resource Center; and
Pp) “WHO” zefers to the World Health Organization,

CHAPTER IL
OVERSEAS FILIPINO SEAFARER’S RIGHTS

SEC. 5. Right to Educational Advancement and Training. The State shall ensure that all
overseas Filipino seafarers have access to educational advancement and training at reasonable


and affordable costs.
Toward this end, the State shall:

a) Regulate the operation of all educational, training and review institutions
offering courses related to seafaring;

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

©) Ensure that requirements on training and upgrading as mandated by manning
and crewing agencies for employment, reemployment or promotion purposes shall take
into account the seafarers’ right to spend quality time with his family.

SEC. 6. Right to Relevant Information. The State shall ensure that manning or crewing
agencies shall provide overseas Filipino seafarers with adequate and relevant information to
make them understand their rights, benefits, obligations, conditions and realities attendant to
their profession, and laws and regulations of countries covered by their sojourn

Toward this end, manning or crewing agencies, and other organizations responsible for
the recruitment and employment of overseas Filipino seafarers shall be mandated to make every
contract of employment, the computation and manner by which salaries are remitted to their
allottees, and the specific privileges and benefits available in the contract of employment,
accessible to their recruits or clienteles.

All Filipino seafarers shall have access to an efficient, adequate and accountable system
for finding employment on board ship without charge to the seafarer.

SEC. 7. Right to Humane Conditions of Work and Right to Just Compensation. The
State shall guarantee overseas Filipino seafarers the right to humane conditions of work, the
right to a safe and secure workplace that complies with safety standards, the right to decent
working and living conditions on board ship, the right to health protection, medical care,
welfare measures and other forms of social protection, the right to fair terms of employment and
the right to standard salary commensurate to their rank, hours of work and other relevant basis
for wage computation, minimum number of working hours, rest day, vacation pay, and “end-of-
contract” pay in accordance with the agreement of the parties concerned and with existing
domestic and international law.

SEC. 8. Rights to Self-organization, to Engage in Collective Bargaining and to
Participate in Democratic Exercises. The State shall ensure Filipino seafarers, especially
overseas Filipino seafarers, of their right to self-organization, to collective bargaining 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, to include, but not limited to the CHED, TESDA, PRC, POEA, OWWA,
MARINA,

SEC. 9. Right to Legal Representation. Overseas Filipino seafarers who are victims of
illegal recruitment, illegal dismissal or suspension and other forms of violation of contracts shall.
have the right to free legal assistance and protection at government expense. Courts,
administrative agencies, and other tribunals shall ensure a speedy and impartial disposition of
their cases.

Every seafarer accused of committing any offense in violation of any provision of his or
her contract has the right to due process, an impartial tribunal and administrative body, and an


expeditious payment of damages and liability in cases where the judgment is favorable to the
Filipino seafarer.

SEC. 10. Right to Repatriation. Overseas Filipino seafarers shall have a right to be
repatriated at no cost to them under the circumstances and/or conditions provided under
Section 15, as well as other pertinent provisions, of R.A. 8042.

SEC. 11. Right against Discrimination and other Rights and Privileges. Equal
remuneration for work of equal value shall apply to all overseas Filipino seafarers employed on
the same ship without discrimination based upon race, color, sex, religion, political opinion,
national extraction or social origin. All other rights and privileges of seafarers recognized or
granted under the MLC 2006, and other subsequent conventions with even better rights and
privileges for seafarers which may be approved by the International Labor Organization, the
United Nations or other international bodies in the future, shall be enjoyed by overseas Filipino
seafarers,

SEC. 12. Right to Speedy Processing of All Documents and Claims. The processing of
all documents needed by, and claims of, Filipino seafarers shall be speedy and not subject to any
unreasonable delay.

SEC. 13. Right to Consultation on All Matters Affecting Seafarers. Seafarers and
seafarers’ organizations shall be consulted by concerned government departments and/or
agencies before adopting any policy, law, executive issuance, rule or regulation that may directly
or indirectly affect them and/or their families and beneficiaries.

SEC. 14. Right Against Being Charged and/or Treated as a Criminal Suspect in
Accident and/or Pollution Cases, No criminal case shall be filed against a seafarer and no
seafarer shall be treated as a criminal suspect in accident and/or pollution cases unless there is a
prima facie evidence that the said accident and/or the cause of the pollution is directly the result
of the deliberate criminal deed of the seafarer concerned.

SEC. 15. Right to Communication. The right of the Filipino seafarer to communicate
shall not be violated in any way, subject to reasonable restrictions that shall be stated in his
employment contract which shall be clearly explained to him before the signing of the said
contract,

SEC. 16. Right of Seafarers, Seatarer-Applicants, Seafarer-Trainees, Cadets, Interns
and Similar Persons Against Exploitation, Any Kind of Physical Harm, Hazing, Sexual
Harrassment, Virtual Peonage, Slavery, Drudgery, Involuntary, Unpaid and/or Underpaid
Servitude, The right of seafarers, seafarer-applicants, seafarer-trainees, cadets, interns and
similar persons against exploitation, any kind of physical harm, hazing, sexual harrassment,
virtual peonage, slavery, drudgery, involuntary, unpaid and/or underpaid servitude shall be
guaranteed by the state. Towards this end, the practice of subjecting the said persons to
involuntary, unpaid and/or underpaid work or servitude and/or virtual peonage, slavery and
drudgery shall henceforth be stopped and any work or servitude of the said persons shall
henceforth be with fair and reasonable pay/remuneration and with proper
observation/implementation of existing labor laws, rules and regulations. any kind of
exploitation, physical harm, hazing and/or sexual harrassment against the said persons shall
likewise be strictly prohibited.

CHAPTER IIL
PHILIPPINE SEAFARER ONE STOP PROCESSING CENTER

SEC. 17. Philippine Seafarer One Stop Processing Center (PSOC). The PSOC, as
established under Administrative Order No. 56, and tasked to operationalize and make available


to the public, an integrated document processing center for the seafarers and the general public
to conduct official transactions, shall have the services of the following government offices:

a) Department of Foreign Affairs (DFA)
b) Overseas Workers Welfare Administration (OWWA);

©) Philippine Overseas Employment Administration (POEA)

d) Deaprtment of Health (DOH)

e) Commission on Higher Education (CHED);

f) Professional Regulation Commission (PRC);

g) Technical Education and Skills Development Authority (TESDA);

h) Maritime Industry Authority (MARINA);

i) National Telecommunications Office (NTC);

j) Maritime Training Council (MTC);

k) National Bureau of Investigation (NBI);

1) Social Security System (SSS);

m) Insurance Commission (IC)

n) Philippine Health Insurance Corporation (PhilHealth)

0) Pag-ibig Fund;

p) Philippine Coast Guard (PCG);

q) National Statistics Office (NSO); and

1) Such other government offices that the Secretary of DOLE may deem necessary. |

SEC. 18. Rationalizing Government Systems and Procedures, The government offices
enumerated under Section 17 hereof shall, within three (3) months from the effectivity of this
Act, and in consultation with Filipino seafarers’ organizations, recruitment agency associations,
and non-government organizations concerned, rationalize and streamline policies, rules, and
procedures governing the documentation, licensing, certification, recruitment, hiring and
deployment of overseas Filipino seafarers and the OFWs, in general.

Said offices, through the PSOC, shall enforce the streamlining of policies and procedures
involved in overseas employment with the view of cutting the time required for documentary
processing, simplifying licensing and certification procedures, and facilitating the extension of
welfare and support services to their respective clients.

These streamlining efforts shall focus on, among others:

a) Simplification of systems and procedures and reduction of documentary requirements;

b), Implementation of the full disclosure policy;

©) Formulation and implementation of a system of registration of overseas Filipino seafarers
and other OFWs, the registration, accreditation, and licensing of private manning or

crewing agencies, and all other related regulatory function;

4) Elimination of unnecessary and duplicative requirements that go beyond ' the
requirements as defined in the STCW 1978, as amended;

©) Formulation of a regulated employment standard setting by prescribing minimum
provisions of the employment contract, in conformity with labor standards under
Philippine laws and regulations;

£) Regulation placement fee policy;

8) Formulation of rules that ensure speedy disposition of illegal recruitment cases;


h) Development and implementation of an effective information program, in coordination
with manning or crewing agencies for the purpose of informing the seafarers of their
rights, obligations, benefits, and option attending to specific situations that they may face
in the course of their employment; and

i) Formulation of rules that shall further ensure the implementation of the law on the
exemption from any tax of all the remittances into the country of overseas Filipino
seafarers and the protection of said seafarers from vague, unnecessary and/or exorbitant
remittance fees and charges and likewise rules that shall ensure that the rate of currency
exchange, unless otherwise provided, shall, in accordance with laws or regulations, be at
the prevailing market rate or the official published rate and not unfavorable to the
seafarer.

CHAPTER IV
MANDATORY REQUIREMENTS FOR FILIPINO SEAFARERS

SEC. 19. Mandatory Minimum Requirements. To be eligible for employment, a seafarer
must:

a) Bea Filipino Citizen;
b) Beat least eighteen (18) years old;

©) Be fit for duty as certified by the government-accredited institution authorized to
conduct physical and medical examination for overseas employment without violating
the basic right of a seafarer or seafarer-applicant to choose the government-accredited
clinic that will perform the said physical, medical, optical and/or dental examination;
Provided, that seafarers who have been refused a certificate or have had a limitation
imposed on their ability to work, in particular with respect to time, field of work or
trading area, shall be given the opportunity to have a further examination by another
independent medical practitioner or by an independent medical referee duly certified as
such by the Secretary of labor and employment; Provided further, that unless a shorter
period is required by reason of the specific duties to be performed by the seafarer
concerned or is required under STCW 1978, as amended, a medical certificate shall be
valid for a maximum period of two (2) years unless the seafarer is under the age of
eighteen (18), in which case the maximum period of validity shall be one (1) year and a
certification of color vision shall be valid for a maximum period of six (6) years; Provided
finally, that a medical certificate issued in accordance with the requirements of STCW
1978, as amended shall be accepted by the manning or crewing agencies and that the
government-accredited clinics, manning or crewing agencies, medical practitioners,
examiners, shipowners, seafarers! representatives and all other persons concerned with
the conduct of medical fitness examinations of seafarer candidates and serving seafarers
should follow the ILO/WHO guidelines for conducting pre-sea and periodic medical
fitness examinations for seafarers, including any subsequent versions, and any other
applicable international guidelines published by the International Labor Organization,
the International Maritime Organization or the World Health Organization;

d) Meet the qualification and certification requirements prescribed by the DOLE and the
standard requirements under the STCW 1978, as amended, and other International Labor
Organization-prescribed relevant standards;

e) Be registered with and duly certified by the DOLE as eligible for overseas employment;
and


f) Comply with other qualification requirements as may be prescribed by the DOLE in
keeping with international demands,

SEC. 20. Education. A Filipino seafarer must have successfully completed the required
basic courses as provided for in the curriculum approved by the Commission on Higher
Education or the TESDA. The implementing rules and regulations of this Act shall set the
educational and/or training requirements for each classification of Filipino seafarers.

SEC. 21. Training. A Filipino seafarer must undergo and successfully complete the
required basic training proper to his/her position as set forth under the STCW ‘95, as amended,
and under the ILO Conventions of which the Philippines is a signatory, as prescribed by the
competent government agency regulating maritime training,

Where in-service training and assessment of competence for the Filipino seafarer is
required for purposes of certification under the STCW 1978, as amended, the person conducting
the same either on board or ashore must meet the qualifications prescribed under the aforesaid
section of the STCW 1978, as amended.

A seafarer shall not be permitted to work on a ship unless he has successfully completed
training for personal safety on board ship with the appropriate certificate therefor.

The state shall ensure that requirements on training and upgrading as mandated by
manning and crewing agencies for employment, reemployment or promotion purposes shall
take into account the seafarers’ right to spend quality time with his family. ‘Trainings that are
not specifically required by the employer in order for the seafarer to be able to do his job
properly or that are not required by international conventions to be undergone by all seafarers
shall not be made mandatory to all seafarers, The state shall first consult all seafarers’
organizations before making any training mandatory to all seafarers.

CHAPTER V
GOVERNMENT AGENCIES

SEC. 22. Role of Government Agencies. In addition to the provisions of Section 23 of
RA, 8042, as amended by R.A. 10022, the following government agencies shall perform the
following to further promote the welfare and protect the rights of overseas Filipino seafarers
and, whenever practicable, all overseas Filipinos:

a) Department of Foreign Affairs. The DFA, through its home offices or foreign posts,
shall take priority action or make representation with the foreign authority concerned to
protect the rights of Filipino seafarers and other overseas Filipinos and extend immediate
assistance, including the repatriation of distressed or beleaguered Filipino seafarers and
other overseas Filipinos, and to encourage other countries to ratify the MLC 2006 or
enact a law that will include most, if not all, the provisions of the said convention, ‘The
DFA shall consult the competent authorities of countries whose ships employ Filipino
seafarers and/or where ports are located wherein ships that have Filipino seafarers on
board are docking with the aim of providing and improving Filipino seafarers’ welfare
facilities and services, both in port and on board ships, and of organizing international
sports competitions among overseas Filipino seafarers as well as international seminars
on the subject of welfare of seafarers at sea and in port. The DFA, with the assistance of
appropriate intergovernmental and other international organizations, shall endeavor, in
cooperation with other countries, to achieve the greatest possible uniformity of action for
the promotion of occupational safety and health protection, and prevention of accidents,
Furthermore, the DFA shall make representations in countries employing Filipino
seafarers or whose ships have Filipino seafarers on board with the end in view of
ensuring that overseas Filipino seafarers are paid with at least the minimum wages that


are in conformity with intemnationally-set or accepted standards and that any Filipino
seafarer who has any monetary claim or who has been paid at a rate lower than the
minimum wage are enabled to obtain or recover said claim through an inexpensive and
expeditious judicial or other procedure, The DFA shall also provide legal assistance to
Filipino seafarers wherever and whenever such assistance is needed by them,

b) Commission on Higher Education. The CHED shall ensure the promotion of
quality and efficiency in maritime education through advocacy and accountability.

(b.1) Commission on Higher Education and the Technical Education and Skills
Development Authority. The CHED and the TESDA shall ensure that the
curricula for the seafarers’ education and training are in consonance with the
demands of global maritime industry as well as with the requirements of
STCW ‘95, as amended.

(b.2) Commission on Higher Education and Maritime Training Council. The CHED,
in coordination with MTC, and maritime schools and training institutions,
shall be responsible for the continuous and comprehensive research, review
and upgrading of the system of education, training, certification and
recruitment of all maritime schools and institutions, as well as the manning or
crewing agencies and regulatory commissions,

©) Department of Labor and Employment. The DOLE shall ensure that labor and social
welfare laws in foreign countries are fairly and faithfully applied to Filipino seafarers
and whenever applicable, to other overseas Filipinos, including the grant of legal
assistance and the referral to proper medical centers or hospitals:

el) Maritime Training Council, The MYC shall be responsible in the
formulation, adoption and enforcement of regulatory measures for the observance of
both the accredited training centers and agencies and the trainees to ensure quality
standards and mechanisms of training and competence of overseas Filipino seafarers,
adhering to the standards set by the STCW 1978 as amended or the International
Convention on Standards of Training, Certification and Watch-keeping for Seafarers
of 1978, as amended, in regular consultation with the organizations of accredited
maritime training centers;

¢.2) Philippine Overseas Employment Administration, In pursuit of promoting
the well-being of the Filipino seafarers, the POEA shall:

a) Look into and improve on the working conditions and terms of employment
of officers and crew members who are Filipino citizens and employed by
foreign vessels;

b) Develop an effective system of monitoring and gathering welfare concerns
for purposes of determining future welfare programs, monitoring existing
welfare activities and addressing current welfare issues prioritize according to
urgency;

©) Observe and conduct a comprehensive and updated system of pre-
employment and pre-departure orientation seminars or briefings to seafarer job
applicants, departing seafarers and other maritime workers scheduled for
deployment to foreign vessels. It shall also undertake studies and distribute
relevant materials for use in pre-employment and pre-departure orientation
seminars of maritime workers and other related activities. All these shall be at


no cost to the seafarer job applicant, and the departing seafarer,

d) Accredit, regulate and supervise pre-employment and_ pre-departure
orientation seminars or briefings of authorized manning or crewing agencies;

¢) Formulate and undertake programs and projects for the effective and
efficient utilization of the seafarers’ welfare fund;

f) Keep, analyze and publish a record or statistics of all occupational accidents,
injuries and diseases wherein information on the numerical data, nature, causes
and effects of the said accidents, injuries and diseases, whether at sea or in port,
is included and following the system or model of recording such statistics
established by the International Labor Organization;

8) Undertake research into general trends and into such hazards as are
revealed by statistics in order to provide a sound basis for measures to promote
occupational safety and health protection and prevention of accidents, injuries
and diseases which are due to particular hazards of maritime employment;

h) Process and approve seafarers’ employment contracts whit
adhere to the pertinent provisions of this Act and the MLC 2006;

shall strictly

i) Informal blacklisting is not committed by any manning or crewing agency;

j) Provide services to assist overseas Filipino seafarers and their immediate
dependents and families; and

k) Perform such other duties as may be essential in giving assistance to
overseas Filipino seafarers and their families,

d) The Philippine Coast Guard. The Philippine Coast Guard (PCG) shall ensure that
provisions on seafarers’ rights, working and_ living conditions, documentary
requirements, safety, health and sanitary standards and all other provisions of this
Act and of the MLC 2006 are being followed /implemented by alll foreign-flag vessels,
as part of the port state controlled inspection, that are within or entering the
Philippine territory giving special attention to ships with at least one Filipino seafarer
on board, The PCG shall have the power to prevent such ships that are found to be in
violation of any provision of this Act or the aforementioned Convention from leaving
Philippine territory and hold the said ships in a Philippine port until corrective
measures have been implemented to the satisfaction of the competent
authority /agency of the Philippine government. Towards these ends, the PCG shall
conduct inspections of all foreign flag vessels that are within or entering the
Philippine territory. The PCG shall take the necessary measures so that uly
qualified technical experts and specialists may be called upon, as needed, to assist in
the work of inspectors. During inspections, the PCG shalll interview as many Filipino
seafarers on board the ship being inspected as possible in order to ascertain their
working conditions and/or grievances, if any, observe and detect any sub-standard
working condition and/or violation of the MLC 2006 and/or Philippine laws, rules
and regulations and refer them to the nearest appropriate government agency
concerned which shall immediately implement the necessary measures to address the
sub-standard working conditions, seafarers’ grievances, and violations of the MLC
2006 and/or Philippine laws, rules and regulations before the said ship leaves the
Philippine port/territory. The PCG shall hold an official inquiry into any serious
marine casualty, leading to injury or loss of life, that involves the same ships that are



within or entering the Philippine territory. The final report of an inquiry shall be
made public. A report becomes final after the DOTC has made a ruling on an appeal
or, when no such appeal was filed, after the lapse of the reglementary period within
which an appeal is required to filed.

e, Maritime Industry Authority. Pursuant to P.D. 474, MARINA, in collaboration and
coordination with the DOLE, shall look into and promote improvements in the
working conditions and terms of employment of the officers and cre vessels of
Philippine registry, and of such officers and crew members who are Philippine
citizens and employed by foreign vessels, as well as of personnel of other shipping
enterprises, and to assist in the settlement of disputes between the owner or manager
of these enterprises and their personnel.

SEC 23. Filipino Seafarers’ Research and Resource Center. The CHED shall coordinate
with the University of the Philippines School of Labor and Industrial Relations (UP SOLAIR)
and the National Maritime Polytechnic for the establishment of an interdisciplinary research and
resource center on overseas Filipino seafarers affairs, The center shall primarily conduct studies
and researches which shall enhance the well-being and interests of overseas Filipino seafarers
and their competitiveness in the global maritime market.

CHAPTER VI
DOCUMENTATION, LICENSURE AND EXAMINATIONS

SEC, 24. Documentation. Overseas Filipino seafarers are considered documented when
they possess the following documents:

1) Seafarers Identification and Record Book (SIRB) and Certificate of Competency
issued by the MARINA and the Seafarer’s Registration Certificate (SRC) issued by the
POEA;

2) Certificate of Completion of Training of prescribed courses issued by the
accredited training centers and the valid Certificate of Competency issued by the PRC
for marine officers and the TESDA for ratings and support level crew or by the
assessment center duly accredited by the MTC;

3) Licensure Certificate if the seafarer is a marine officer;
4) Employment contracts that have been processed and approved by the POEA;
5) Such other documents as may be required by law.

SEC. 25. Licensure and Examination. The Professional Regulatory Commission (PRC)
shall be the lead agency in administering licensure examinations and the issuance of such
licensure certificates to Filipino seafarers in the officer level, except those categorized as Harbor
Pilots and Major and Minor Patrons for local shipping which authority shall devolve to the
MARINA.

The TESDA shalll be the lead agency in administering examinations and the issuance of
the necessary certifications to seafarers in the ratings level, The government agencies
aforementioned shall formulate and undertake a systematic program of implementing
government policies pertinent to the licensing of specific categories of seafarers,

The issuance of licenses and endorsement certificates to seafarers shall not require pre-
conditions other than what are required under the STCW 1978, as amended, and other specific


laws enacted for the purpose of regulating the profession.

SEC, 26. Integrated Documentation System. The inter-agency committee created under
Section 20 of R.A. 8042, as amended by R.A. 10022, shall develop an Integrated Documentation
System (IDS) for the purpose of integrating and systemizing the documentation of education,
training licensing, and certification among Filipino seafarers. Said IDS shall contain all relevant
information on all seafarers including, but not limited to education, training, licensure
examinations and certifications taken, data on active, inactive, disabled, licensed and unlicensed
seafarers and those with pending labor and administrative cases. It shall be used by the seafarer
in all his transactions with the government, manning or crewing agencies, and other pertinent
bodies.

Such information system that shall connect their respective databases for the purposes of
data storage, sharing, and generation pursuant to said Section 20 of R.A. 8042, as amended by
R.A. 10022,

CHAPTER VIL
RECRUITMENT AND PLACEMENT

The Recruitment and Placement Industry

SEC. 27. Private Sector Participation in the Recruitment and Placement of Filipino
Seafarers, Pursuant to national development objectives and in order to harness and maximize
the use of private sector resources and initiative in the development and implementation of a
comprehensive employment program, the private sector shall participate in the recruitment and
placement of Filipino seafarers overseas; Provided, That such recruitment and placement
procedures are consistent with the provisions stipulated under this Act, the Migrant Workers
and Overseas Filipinos Act of 1995, as amended by R.A. 10022, and such other guidelines, rules
and regulations as may be promulgated by the concerned government agencies; Provided
further, that nothing in this section shall be deemed to prevent the state from maintaining a free
public seafarer recruitment and placement service for Filipino seafarers in the framework of a
policy to meet the needs of seafarers and shipowners, whether the service forms part of or is
coordinated with a public employment service for all workers and employers.

SEC, 28, Capitalization in the Recruitment and Placement Industry, Individuals or
corporations, partnerships or entities applying for license or authority or renewal thereof shall
be required a minimum capitalization and such other requirements as may be prescribed by the
DOLE.

The same shall be obliged to pay such escrow deposits and surety bonds, in an amount
and conditions as may be prescribed by the DOLE to guarantee compliance with all terms and
conditions of the contract of employment and applicable laws.

Individuals or corporations, partnerships or entities applying for license or authority or
renewal thereof shall be required to pay the filing and registration fees as may be prescribed by
the DOLE,

SEC. 29. Non-Transferability of License. No license or authority shall be used directly or
indirectly by any person other than the one in whose favor it was issued or at any place other
than that stated in the license, nor may such license or authority be transferred, conveyed or
assigned to any person or entity except under such guidelines as may be prescribed by the
DOLE.

Any transfer of business address, appointment or designation of any agent or
representative, including the establishment of additional offices anywhere shall require prior


approval from the Secretary of the DOLE.

SEC. 30. Suspension and/or Cancellation of License or Authority. The Secretary of the
DOLE shall have the power to suspend or cancel and in both instances, impose fine any license
or authority to recruit Filipino seafarers for overseas employment for violation of this Act or of
other applicable provisions of laws, rules and regulations. “In order to effectively exercise this
power, the DOLE, through the POEA, shall establish an effective inspection and monitoring
system for enforcing this Act and all laws, issuances and rules and regulations concerning
seafarers/ applicants.

SEC, 31., Persons and Entities Prohibited from Engaging in Recruitment and Placement
Industry. The following are prohibited from engaging, directly or indirectly, in recruitment and
placement industry:

a) Any official or employee of the DOLE, DFA and their attached agencies or other
government agencies involved in the implementation of this Act, or their relatives within
the fourth civil degree of consanguinity or affinity;

b) Persons and entities engaged in the business of travel agency or engaged in business
as sales agents of airline and/or shipping companies, or their officers, directors or
partners,

SEC. 32. Supervision and Control by the DOLE. The DOLE, through POEA, shall closely
supervise and control all overseas Filipino seafarer recruitment and placement services. Any
licenses or certificates or similar authorizations for the operation of private services shall be
granted or renewed only after verification that the seafarer recruitment and placement service
concerned meets the requirements imposed under the laws and regulations. The POEA shall
likewise clearly publicize costs, if any, which the seafarer will be expected to bear in the
recruitment process.

SEC. 33. Investigations of Complaints. ‘The POEA shall ensure that adequate resources
and procedures exist for the investigation of complaints against seafarer recruitment and
placement services.

SEC. 34. Collection and Analysis of All Relevant Information on the Maritime Labour
Market, The POEA shall maintain an arrangement for the collection and analysis of all relevant
information on the maritime labor market including the current and prospective supply of
seafarers that work as crew classified by age, sex, rank and qualifications, and the industry's
requirements, the collection of data on age or sex being admissible only for statistical purposes
or if used in the framework of a programme to prevent discrimination based on age or sex.

SEC. 35. Competence of Recruitment and Placement Services’ Supervisory Staff, The
POEA shall ensure that the staff responsible for the supervision of public and private seafarer
recruitment and placement services for ship's crew with responsibility for the ship's safe
navigation and pollution prevention operations possess the adequate training, including
approved sea-service experience, and have relevant knowledge of the maritime industry,
including the relevant maritime international instruments on training, certification and labor
standards.

SEC. 36. Prescribing of Standards for Seafarer Recruitment and Placement Services.
The POEA shall prescribe operational standards and adopt codes of conduct and ethical
practices for seafarer recruitment and placement services and exercise supervision of the
licensing or certification system on the basis of a system of quality standards.



SEC. 37. Adoption of Procedures by POEA to Ensure that Seafarers are Not Vulnerable
fo Exploitation, The POEA shall prescribe procedures to be strictly followed by manning or
crewing agencies to ensure that seafarers are not subjected to exploitation by the seafarer
recruitment and placement services or their personnel with regard to the offer of engagement on
particular ships or by particular companies and to prevent the opportunities for exploitation of
seafarers arising from the issue of joining advances or any other financial transaction between
the shipowner and the seafarers which are handled by the seafarer recruitment and placement
services.

Recruitment and Placement Policies

SEC. 38. Recruitment and Placement Policies. Manning or crewing agencies engaged in
private recruitment and placement services shall:

a) Ensure that no fees or other charges for seafarer recruitment or placement or for
providing employment to seafarers are borne directly or indirectly, in whole or in part,
by the seafarer, other than the cost of the seafarer obtaining a national statutory medical
certificate, the national seafarer's book and a passport or other similar personal travel
documents, not including, however, the cost of visas, which shall be borne by the
shipowner;

b) Cause the reimbursement of any expenses incurred by the seafarer in connection with
his/her documentation and processing for purposes of deployment, in the event that
non-deployment is not the seafarer’s fault or in the event of deployment or non-
deployment in cases where the manning or crewing agency, in violation of the preceding
paragraph (a), collected any fee or charge from the seafarer which is not allowed under
this Act;

c) Ensure that Filipino seafarers’ well-being and rights shall be the primary
consideration in the recruitment and placement of seafarers;

d) Guarantee that recruitment, placement and deployment of Filipino seafarers shall not
be made in jobs that are deemed inimical to their interests and to the Republic of the
Philippines;

©) Specify, with due regard to the right to privacy and the need to protect
confidentiality, the conditions under which the personal data of Filipino seafarers are
processed by manning or crewing agencies including the collection, storage, combination
and communication of such data to third parties;

£) Cease from furnishing or publishing any false notice or information or document in
relation to recruitment and employment, including influencing or attempting, to
influence, whether deliberately or unintentionally, any person or entity not to employ
any seafarer or the enforcement of a waiver of quit claims to any seafarer before, during
and after employment, which act shall be deemed unlawful;

8) Cease from substituting or altering to the prejudice of the seafarer the employment
contract approved and processed by the DOLE and withholding or denying travel or
employment documents from applicant seafarer; and

h) Refrain from using means or mechanisms intended to prevent or deter seafarers from
gaining employment.

SEC. 39. Duties of Manning and Crewing Agencies. It shall be incumbent upon


manning and crewing agencies to ensure that:

a) Any seafarer recruited or placed by them is qualified and is in possession of the
documents necessary for the job concerned;

b). The contract of employment and articles of agreement are in accordance with the
MLC 2006 and applicable iaws and regulations and any collective bargaining agreement
that forms part of the employment agreement;

©) The Filipino seafarer is informed of his/her rights and duties under his/her contract
of the employment and the articles of agreement prior to and in the process of
engagement;

d) Proper arrangements and opportunities are given for the Filipino seafarer to examine
his/her contract of employment and the articles of agreement before and after he/she
signed such pertinent documents and for him/her to receive a copy of the duly-signed
contract of employment;

¢) Adequate information about the conditions attending to the situations on-board the
vessel and overseas, as well as international laws and regulations which apply to the
Filipino seafarer in the course of his/her employment or sojourn shalll be provided to the
seafarer, any of his/her relatives or to any individual, non-government organization or
government agency that requests for such information;

f) A registry of all seafarers recruited or placed through them shall be put in place and
shalll be available for inspection by the competent authority;

8) As far as practicable, the shipowner has the means to protect seafarers from being
stranded in a foreign port;

h) They shall examine and respond to any complaint concerning their activities and
advise the competent authority of any unresolved complaint;

i) Their operations shall be in conformity with the standardized system of licensing or
certification or other form of regulation prescribed by the implementing rules and
regulations of this Act. This system shall be established, modified or changed only after
consultation with the shipowners’ and seafarers' organizations concerned. In the event of
doubt as to whether the consolidated maritime labor convention applies to a private
recruitment and placement service, the question shall be determined by the Secretary of
labor and employment after consultation with the shipowners’ and_ seafaters!
organizations concerned;

J) Filipino seafarers or seafarer-applicants are advised on the possible problems of
signing on a ship that flies the flag of a state which has not ratified the MLC 2006, until it
is satisfied that standards equivalent to those fixed by the said convention are being
applied. measures taken to this effect shall not be in contradiction with the principle of
free movement of workers stipulated by the treaties to which the two states concerned
may be parties;

k) An up-to-date list of the ships for which the seafarer recruitment and placement
services provide seafarers are maintained and that there is a means by which the
manning and crewing agencies can be contacted in an emergency at all hours;

1) Procedures to ensure that requests for information or advice by families of seafarers


while the seafarers are at sea are dealt with promptly and sympathetically and at no cost;

m) The Filipino seafarers that they recruit/place serve only on ships that have the
required documents and a sufficient number of seafarers on board to ensure that the said
ships are operated safely and are manned by crews that are adequate, in terms of size
and qualifications;

n) Informal blacklisting is not committed;

0) Procedures are adopted to verify that ventilation, heating, sleeping, food and
catering, recreation, medical care, laundry, sanitary and other conditions and facilities
onboard ships where Filipino seafarers are placed are in conformity with the MLC 2006
or applicable collective bargaining agreements concluded between a shipowner and a
representative seafarers’ organization and, as a matter of policy, supplying seafarers only
to shipowners that offer terms and conditions of employment to seafarers which comply
with applicable laws or regulations or collective agreements or the MLC 2006; and

p) Payments due to seafarers are made at no greater than monthly intervals and in
accordance with any applicable collective agreement and that seafarers shall be given a
monthly account of the payments due and the amounts paid, including wages,
additional payments and the rate of exchange used where payment has been made in a
currency or ata rate different from the one agreed to,

SEC. 40. Violation of any of the Provisions of the Two Immediately Preceding Sections.
An administrative finding by the POEA of any violation of any of the provisions of the two
immediately preceding sections shall cause the manning or crewing agency concerned to suffer
the penalty of cancellation of its license to operate in the Philippines.

Hiring, Deployment and Employment

SEC. 41. Hiring by Certain Employers, Members of the diplomatic corps, foreign
governments and international organizations may hire Filipino seafarers; Provided, That the
provisions of this Act and other applicable laws, guidelines, rules and regulations are followed,

SEC, 42. Deployment of Overseas Filipino Seafarers. The provisions on the deployment
of migrant workers under Section 4 of R.A. 8042, as amended by R.A. 10022, shall govern the
deployment of overseas Filipino seafarers,

SEC. 43, Termination or Ban on Deployment. Notwithstanding the provisions of the
preceding section, in pursuit of the national interest or when public welfare so requires, the
POEA Governing Board, after consultation with the Department of Foreign Affairs, may, at any
time, terminate or impose a ban on the deployment of overseas Filipino seafarers,

SEC. 44. Prohibition Against Indiscriminate Deployment of Filipino Seafarers, The
indiscriminate deployment of following Filipino seafarers shall be deemed prohibited:

a) Those below eighteen (18) years old or such minimum age requirement as may be
determined by the DOLE consistent with internationally-recognized conventions;

b) Those medically diagnosed to be unfit to work for the job being applied;
©) Those technically non-qualified for overseas employment;

d) Those whose employment contract was not processed and approved by the POEA;


e) Any other factor which the DOLE may deem prohibited consistent with
internationally recognized conventions.

SEC, 45.. Visitorial Powers of the DOLE. The Secretary of the DOLE or his/her duly
designated representative may, at any time, inspect vessels and ships within Philippine
jurisdiction of the accredited principal/shipowner to determine compliance with safety
standards and living conditions of seafarers,

CHAPTER VIII
ILLEGAL RECRUITMENT

SEC. 46. Megal Recruitment and Penalties. The provisions of Sections 6 and 7 of R.A.
8042, as amended by R.A. 10022, in their entirety, shall apply to any act of illegal recruitment, or
any other prohibited act as defined and/or enumerated therein, committed against any overseas
Filipino seafarer, and shall be meted with penalties as provided thereunder.

SEC. 47. Prohibition on Officials and Employees, It shall be unlawful for any official or
employee of any government agency involved in the implementation of this Act, or their
relatives within the fourth civil degree of consanguinity or affinity, to engage, directly or
indirectly, in the business of recruiting Filipino seafarers, as defined under this Act. The
penalties provided for under Section 8 of R.A. 8042 shall be imposed upon them.

SEC. 48. Venue. A criminal action arising from illegal recruitment as herein defined shall
be filed with the Regional Trial Court of the province or city where the offense was committed
or where the offended party actuallly resides at the time of commission of the offense,

SEC. 49. Mandatory Period for Filing of Megal Recruitment Cases. The preliminary
investigation of cases under this Act shall be terminated within a period of thirty (30) calendar
days from the date of their filing. Where the preliminary investigation is conducted by a
prosecution officer and a prima facie case is established, the corresponding information shall be
filed in court within twenty-four (24) hours from the termination of the investigation.

If the preliminary investigation is conducted by a judge and a prima facie case is found to
exist, the corresponding information shall be filed by the proper prosecution officer within forty-
eight (48) hours from the date of receipt of the record of the case,

SEC. 50, Prescriptive Periods. Illegal recruitment cases under this Act shall prescribe in
ten (10) years after the commission of the prohibited act: Provided, however, That illegal
recruitment cases involving economic sabotage as defined herein shall prescribe in twenty (20)
years.

SEC. 51. Free Legal Assistance; Preferential Entitlement Under the Witness Protection
Program. A mechanism for free legal assistance for victims of illegal recruitment shall be
established in the anti-illegal recruitment branch of the POEA including its regional offices. Such
mechanism shall include coordination and cooperation with the Department of Justice, the
Integrated Bar of the Philippines, and other non-governmental organizations and volunteer
groups.

Notwithstanding the provisions of Republic Act No, 6981 to the contrary, any person
who is the a victim of illegal recruitment, or who is willing to be a witness in behalf of' the
government, shall be entitled to the Witness Protection Program provided thereunder.

CHAPTER IX
CONDITIONS OF EMPLOYMENT


SEC. 52. Employment Agreement. The POEA and other concerned government agencies
shall ensure that in every employment agreement entered into by overseas Filipino seafarers, the
employer shall provide for a written agreement in English, which shall be drawn up with the
seafarer concerning ship work. The agreement shall contain, among others, the following:

a) The seafarer's full name, date of birth, age and birthplace;
b) The shipowner's name and address;
¢) The place where and date when the seafarer’s employment agreementiis entered into;

d) The wage agreed upon, including overtime pay their method of computation and
manner of payment. in no case shall the parties agree to wages lower than the basic
minimum wage prescribed by appropriate government agencies, in conformity with
internationally-accepted standards, at the time of engagement;

¢) The amount of paid annual leave or, where applicable, the formula used for
calculating it;

f) The termination of the agreement and the conditions thereof, including: (j) if the
agreement has been made for an indefinite period, the conditions entitling either party to
terminate it, as well as the required notice period, which shall not be less for the
shipowner than for the seafarer; (ii) if the agreement has been made for a definite period,
the date fixed for its expiry; and (iii) if the agreement has been made for a voyage, the
port of destination and the time which has to expire after arrival before the seafarer
should be discharged;

g) The health, safety and social security protection benefits to be provided to the seafarer
by the shipowner including a provision that shall ensure that measures, in accordance
with the MLC 2006, are in place on the ship to provide seafarers with a right to material
assistance and support from the shipowner with respect to the financial consequences of
sickness, injury or death occurring while they are serving under a seafarers' employment
agreement or arising from their employment under such agreement which shall not
affect any other legal remedies that a seafarer may seek;

h) The seafarer's entitlement to repatriation and a provision that shall prohibit
shipowners from requiring that seafarers make an advance payment towards the cost of
repatriation at the beginning of their employment, and also from recovering the cost of
repatriation from the seafarers' wages or other entitlements except where the seafarer has
been found, in accordance with laws or regulations or other measures or applicable
collective bargaining agreements, to be in serious default of the seafarer's employment
obligations;

i) Reference to the collective bargaining agreement, if applicable;

j) The capacity in which the seafarer is to serve;

k) A provision stating that equal remuneration for work of equal value shall apply to all
seafarers employed on the same ship without discrimination based upon race, colour,
sex, religion, political opinion, national extraction or social origin;

}) A provision stating that the seafarers! employment agreement, specifying the

applicable wages or wage rates, shall be carried on board the ship and that information
on the amount of wages or wage rates shall be made available to each seafarer by


providing at least one signed copy of the relevant information to the seafarer in a
language which the seafarer understands;

m) A provision stating that wages shall be paid in legal tender and, where appropriate,
they may be paid by bank transfer, bank cheque, postal cheque or money order;

n) A provision stating that on termination of engagement, all remuneration due shall be
paid without undue delay;

0) For seafarers whose wages are fully or partially consolidated, a provision which shall
specify clearly the number of hours of work expected of the seafarer in return for this
remuneration, and any additional allowances which might be due in addition to the
consolidated wage, and in which circumstances;

p) A provision stating that adequate penalties shall be borne by the employer or other
appropriate remedies shall be given the seafarer when shipowners delay deliberately and
unduly, or fail to make, payment of all remuneration due;

q) A provision stating that wages shall be paid directly to the seafarer’s designated bank
account unless the seafarer requests otherwise in writing;

1) A provision stating that the shipowner shall impose no limit on the seafarer’s freedom
to dispose of his/her remuneration except when there is express provision in laws or
regulations or in an applicable collective agreement and the seafarer has been adequately
informed of the conditions for such deductions;

8) A provision stating that the deductions shall not in total exceed the limit that may
have been established by laws or regulations or collective agreements or court decisions
for making such deductions and that no deductions shall be made from a seafarer's
remuneration in respect of obtaining or retaining employment;

t) A provision stating that monetary fines against seafarers other than those authorized
by laws or regulations, collective agreements or other measures shall be prohibited;

u) A provision stating that, at the request of the seafarer, the competent authority shall
have the power to inspect stores and services provided on board ship to ensure that fair
and reasonable prices are applied for the benefit of the seafarer or seafarers concerned;

v) A provision stating that, to the extent that seafarers’ claims for wages and other sums
due in respect of their employment are not secured in accordance with the provisions of
the International Convention on Maritime Liens and Mortgages, 1993, such claims
should be protected in accordance with the protection of Workers' Claims Convention,
1992,

w) A provision that shall ensure that the ship shall carry on board and serve food and
drinking water of appropriate quality, nutritional value and quantity that adequately
covers the requirements of the ship and takes into account the differing cultural and
religious backgrounds and that seafarers on board the ship shall be provided with food
free of charge during the period of engagement;

x) A provision that shall ensure that all seafarers on ships are covered by adequate
measures for the protection of their health and that they have access to prompt and
adequate medical care whilst working on board and that the said protection and care
shall be provided at no cost to the seafarers;


y) A provision that shall state that the seafarer, while sailing within a POEA-declared
high-risk zone or zones, shall receive double the amount of his basic wage, overtime pay,
and leave pay and that on any death, injury or illness while sailing within the said zone
or zones, the seafarer shall also be entitled to a double amount of compensation and
benefits, the same provision shall also state that the higher pay and higher death and
disability compensation and benefits provided herein shall be limited to the duration of
vessel's transit through the high risk zone or zones and in case of detention of the
seafarer, the duration thereof, and that the master must immediately notify his
shipowner and/or manning agent and the crew on board the date and time of his
vessel's entry and exit from the coverage of the POEA-declared high risk zone or zones.
and, likewise, that the master shall inform the seafarer of the voyage passing through the
high risk area as soon as the voyage schedule is known;

2) Provisions on adequate leave and rest periods in conformity with the standards set by
the MLC 2006; and

aa) The duration of the employment contract.

‘The terms and conditions for employment of an overseas Filipino seafarer shall be set out
or referred to in a clear written legally enforceable agreement and shall be consistent with the
standards set out in the MLC 2006 providing the seafarer with decent working and living
conditions on board the ship, among others. The shipowner and seafarer concerned shall each
have a signed original of the seafarers' employment agreement.

The minimum notice period to be given by the overseas Filipino seafarers and the
shipowners for the early termination of a seafarers' employment agreement shall not be shorter
than seven (7) days. A notice period shorter than the minimum may be given in circumstances
which are recognized under the implementing rules and regulations of this Act or the applicable
agreements as justifying termination of the employment agreement at shorter notice or without
notice. In determining those circumstances, the implementing rules and regulations of this Act
shall include provisions that shall ensure that the need of the seafarer to terminate, without
penalty, the employment agreement on shorter notice or without notice for compassionate or
other urgent reasons is taken into account,

SEC. 53, POEA-Prescribed Seafarers’ Employment Agreement. ‘The POEA shall
prescribe a sample seafarer’s employment agreement which shall strictly adhere to the standards
set by this Act and the MLC 2006 especially on, but not limited to, salaries and wages and the
payments and remittances thereof, and which shall also contain all the necessary provisions for
the adequate protection and well-being of Filipino seafarers, including, but not limited to,
mandatory Social Security System (S58) coverage of all Filipino seafarers with employers!
contributions and mandatory insurance coverage as approved by the Insurance Commission
(IC) which shall include all the benefits provided for in R.A. 10022 as a minimum. The manning
or crewing agencies shall see to it that any and all seafarers’ employment agreements that are
processed and/or consummated in the course of their recruitment and placement activities shall
strictly adhere to the aforementioned convention of 2006 and to the said sample agreement
prescribed by the POEA as a minimum guarantee for the protection of Filipino seafarers.
Furthermore, the said employment agreement shall contain, among others, a provision that all
seafarers shalll be paid for their work regularly and in full in accordance with their employment
agreements, safeguards against prolonged exposure to vibration on board ship and provisions
on seafarers’ complaint/grievance handling procedures, on-shore and on-board, and
masters’ /captains’/employers’ disciplinary procedures that shall comply with at least the
minimum requirements of the aforementioned convention in order to ensure maximum possible
protection of all Filipino seafarers. Nothing in this section shall be deemed to prevent the



negotiation and/or consummation of such agreements that may contain higher than the
minimum standards set by the POEA and/or the consolidated Maritime Labor Convention of
2006.

SEC. 54. Voluntary and Free Acceptance of Agreement. Overseas Filipino seafarers
signing a seafarers! employment agreement shalll be given an opportunity to examine and seek
advice on the agreement before signing, as well as such other facilities as are necessary to ensure
freely entered into an agreement with a sufficient understanding of their rights
ties.

SEC, 55. Collective Bargaining Agreements (CBAs). To the extent compatible with
Philippine law and practice, overseas Filipino seafarers' employment agreements shall be
understood to incorporate any applicable CBAs. In furtherance of this, the POEA shall
undertake measures to ensure that where a collective bargaining agreement forms all or part of a
seafarers! employment agreement, a copy of that agreement shall be available on board and
where the language of the seafarers! employment agreement and any applicable collective
bargaining agreement is not in English, the following shall also be available in English: (a) a
copy of a standard form of the agreement; and, (b) the portions of the collective bargaining
agreement that are subject to a port state inspection.

SEC. 56. Accessibility of Information and Record of Employment On Board Ship and
in Ports to be Visited. The POEA shall undertake measures to ensure that clear information as
to the conditions of overseas Filipino seafarers’ employment can be easily obtained on board by
seafarers, including the ship's master. Such information, including a copy of the seafarers!
employment agreement, is also accessible for review by officers of a competent authority,
including those in ports to be visited, both local and foreign. Seafarers shall be given a document
containing a record of their employment on board the ship.

SEC. 57. Seafarer Compensation for Ship’s Loss or Foundering, Hours of Work,
Overtime Work and Pay, Leaves and Shipboard Working Arrangements. The manning or
crewing agencies shall ensure that the standards set by the MLC 2006 concerning overseas
Filipino seafarer compensation for the ship's loss or foundering, hours of work, overtime work
and pay, entitlement to leaves and shipboard working arrangements are met in any and all
seafarers’ employment agreements that are processed and/or consummated in the course of
their recruitment and placement activities,

SEC. 58. Salaries, Wages, Allotment and Remittances. All overseas Filipino seafarers
shall be paid for their work regularly and in full in accordance with their employment
agreements. It shall be mandatory for them to remit a portion of their earnings to their families,
dependents, and/or beneficiaries in accordance with rules and regulations prescribed by the
Secretary of DOLE.

SEC. 59, Limitations on Wage Deductions. A deduction from the Filipino seafarer’s
‘wages shall not be made without his/her written consent, unless the deduction is provided for
in the contract of employment and is authorized by law.

SEC. 60. Rest Periods. A seafarer shall be allowed reasonable rest periods in accordance
with international standards and the Labor Code. He/she shall be entitled to adequate time for
rest and sleep. The period of rest shall, during any 24-hour period, amount to not less than 10
hours.

SEC, 61. Shore Leave. The seafarer shall be allowed shore leave when practicable, upon
the consent of the master of deputy, taking into consideration the operation and safety of the
vessel and the seafarer.


SEC. 62, Short Manning and Saved Wages. In the event that the whole or part of the
voyage is carried out with a smaller crew than what was previously appointed, or if the number
of the active members of the crew is reduced prior to or during the voyage, the wages saved due
to this circumstances shall be distributed proportionately among the members of the active crew
who assumed additional work resulting therefrom.

SEC. 63, Personal Effects, A seafarer may bring a reasonable number of articles for
personal use: Provided, however, That this does not involve inconvenience to the ship or cargo
or pose any health risk on board. If the seafarers’ personal effects are lost or damaged as a result
of shipwreck, loss or stranding, abandonment of the vessel, or as a result of fire, flooding,
collision or piracy, the employer shall reimburse him / her for said loss or damage.

CHAPTER X
HEALTH AND SAFETY

SEC, 64. Prevention of Health Hazards. Work on board the vessel must be organized
and executed in such a manner that the seafarer’s protection is ensured. When a seafarer is
assigned to work, due regard shall be paid to his qualifications to undertake the work ona safe
and sound basis. Provisions shall be made to ensure that the seafarer is well-informed of the
hazards inherent in the work, and that he is given the proper guidance and adequate practice
necessary to avoid such hazards.

SEC. 65, Sanitary Conditions. Measures should be undertaken to ensure cleanliness and
proper hygiene on board. The master shall ensure that the crew is provided a well-balanced diet,
He should also guarantee that the crew receives the necessary vaccination or inoculation as
required by the circumstances or the laws of the country of which the vessel may enter.

SEC. 66. Health and Prevention of Accidents, Practical measures should be taken by the
Maritime Training Council to bring to the attention of young seafarers information concerning
the prevention of accidents and the protection of their health on board ships. Such measures
could include adequate instruction in courses, official accident prevention publicity intended for
young persons and professional instruction and supervision of young seafarers,

SEC, 67. Harmful Substances, Education and training of young seafarers both ashore
and on board ships should include guidance on the detrimental effects on their health and well-
being of the abuse of alcohol and drugs and other potentially harmful substances, and the risk
and concerns relating to HIV/AIDS and of other health risk related activities,

SEC. 68. Medical Examination and Medical Service. A seafarer engaged to perform
services on board shall secure a medical certificate to the effect that he is not suffering from any
illness or mental or physical defect rendering him unfit for work or which may constitute danger
to other persons on board. Any member of the crew may also be required to submit to a medical
examination, at the expense of the ship owner, should the master have reason to believe that
such examination is necessary to monitor and maintain the health and environmental conditions
on board the vessel.

SEC. 69, Protection from Sexual Harassment. It shall be the duty of the master and the
employer to prevent the commission of acts constituting sexual harassment and to provide
measures for the resolution, settlement or prosecution of acts of sexual harassment,

Sexual harassment is herein defined as an act committed by an employer, employee,
supervisor, agent of the employer, any other person who, having authority, influence or moral
ascendancy over another in a work, training, cadetship, internship environment demands,
requests or otherwise requires any sexual favor from another, regardless of whether the


demand, request or requirement is accepted by the subject of the said act.

CHAPTER XI
SOCIAL WELFARE SERVICES AND BENEFITS

SEC. 70, Partial Disability. In case of partial disability of the overseas Filipino seafarer
during the term of his/her employment caused by either injury or illness, the seafarer shall be
compensated in accordance with the schedule of the benefits prescribed by the law.
Computation of his/her benefits arising from an illness or disease shall be governed by the rates
and the rules of compensation applicable at the time the illness or disease was contracted.

The employer shall, upon request, furnish the seafarer a copy of all pertinent medical
reports or records at no cost to the latter.

SEC. 71. Permanent Disablement or Death, In the event of death or permanent
disablement of the overseas Filipino worker within the duration of his/her employment
contract, the seafarer shall be, at the minimum, compensated in accordance with the schedule of
benefits, standards and procedures provided under the compulsory insurance policy as
mandated in Section 86 hereof.

SEC, 72. Seafarer’s Loan Guarantee Fund. ‘The OWWA, in coordination with
government financial institutions, shall institute financing schemes that will expand the grant of
pre-departure loan and family assistance loan to overseas Filipino seafarers in accordance with
Section 21 of RA No. 8042. Alll other laws, rules and regulations and OWWA board resolutions
that may be enacted/adopted in the future, which shall grant OWWA loans to overseas Filipino
workers and/or their families/beneficiaries, shall be deemed to include Filipino seafarers
working abroad and/or their families/ beneficiaries.

SEC. 73. Housing and Provident Benefits, Seafarers shall be provided access to the
government's housing program through membership in the Home Development Mutual Fund
(Pag-ibig Fund).

SEC, 74, Care of the Sick or Injured. In case of illness or injury during the term of
employment, the master shall arrange for the seafarer to receive proper nursing care on board or
ashore, including medical attention, medicines and attention.

The sick or injured seafarer shall continue to receive his wages during the time he is
under contract.

If the work-related injury or illness requires medical and / or dental treatment in a
foreign port, the employer shall be liable for the full cost of such medical, serious dental, surgical
and hospital treatment as well as board and lodging until the seafarer is declared fir to work or
to be repatriated.

SEC. 75. Care for Repatriated Seafarers. If after repatriation, the overseas seafarers still
require medical attention arising from said injury or illness, he shall be so provided, at cost to
the employer until such time he is declared fit and the degree of his disability has been
established by the employer-designated physician.

For this purpose, the seafarer shall submit himself to a post-employment medical
examination by a company-designated physician within three (3) working days upon his return
except when he is physically incapacitated to do so, in which case, a written notice to the agency
within the same period is deemed as compliance, Failure of the seafarer to comply with the


mandatory reporting requirement shall result in his forfeiture of his right to claim the above
benefits,

SEC. 76. Social Security Benefits, All overseas Filipino seafarers shall be members of the
welfare fund of the Overseas Workers Welfare Administration (OWWA), the Pag-ibig Fund
(Home Development Mutual Fund), the Social Security System (SSS) and the Philippine Health
Insurance Corporation (Philhealth).

SEC. 77, Welfare Facilities And Services, The Department of Labor And Employment,
in coordination with the Department of Transportation and Communications, Philippine Ports
‘Authority and other relevant government agencies shall ensure the provision of such welfare
facilities and services as may be required, in appropriate ports/airports of the country to be
Known as seafarers’ welfare centers. The DOLE, in coordination with the aforementioned
agencies shall take measures designed to expedite the free circulation among ships, seafarers,
central supply agencies and welfare establishments of welfare materials such as films, books,
newspapers and sports equipment for use by seafarers on board their ships and in welfare
centers ashore. International seminars on the subject of welfare of seafarers at sea and in port
shall be organized. Where appropriate, facilities for religious observances, legal services and
personal counselling shall be provided in the said welfare centers,

CHAPTER XII
DISCIPLINARY AND DISPUTE SETTLEMENT PROCEDURE

SEC. 78. Duties of the Employer/Master.
a) To faithfully comply with the stipulated terms and conditions of the
employment contract, particularly the prompt payment of wages, remittance of

allotment and the expeditious settlement of valid claims of the seafarer;

b) To make operational on board the vessel the grievance machinery provided in
this contract and ensure its free access at all times by the seafarer; and

©) To ensure the protection and safety of seafarers at all times.
SEC, 79. Duties of the Seafarer.

a) To faithfully comply with and observe the terms and conditions of) his
contract, violations of which shall be subject to disciplinary sanctions;

b) To treat the ship and the cargo with proper care out his duties as a whole with
due responsibility;

©) To comply with company rules, regulations and policies consistent with the
rules and regulations issued by the DOLE;

d) To conduct himself in an orderly and respectful manner towards passengers
and shippers stevedores, port authorities and other persons official business with
the ship. Each shall treat his / her colleagues on board with due consideration;
and

¢) To observe the grievance procedure outlined in this Act.

SEC. 80. Disciplinary Procedures. The employer/master shall serve seafarers with a
written notice containing the grounds for the charges as well as the date, time and place for a


formal investigation of the charges against the seafarer concerned,

The employer/master or his/her authorized representative shall conduct the
investigation or hearing, giving the seafarer the opportunity to explain or defend himself against
the charges. An entry on the investigation shall be made in the ship's logbook. If, after the
investigation or hearing, the employer/master is convinced that the imposition of a penalty is
justified, the employer/master shall issue a written notice of penalty and the reason therefor to
the seafarer, with copies furnished to the manning or crewing agency which deployed the said
seafarer.

The aggrieved seafarer may appeal in writing within a period of five (5) days from the
date the master rendered decision to a Grievance Resolution Committee composed of one (1)
representative from the ratings to be chosen by the concerned seafarer, one (1) representative
from the officer level to be chosen by the master, and one (1) neutral party to be agreed on by the
concerned seafarer and shipmaster.

The Grievance Resolution Committee shall review the appeal within a period of not more
than fifteen (15) days from the date of appeal. Execution of judgment is deemed suspended upon
filing of the appeal.

SEC. 81. Grievance Machinery.

a) If the seafarer considered himself aggrieved, he shall make his complaint in
accordance with the following procedures:

1. The seafarer shall approach the head of the Department in which he is assigned to
explain his grievance;

2. The seafarer shall state his grievance in writing and in an orderly manner, and
shall choose a proper time when his complaint or grievance can be properly heard;

3. The Department Head shall seek to resolve the complaint or grievance and, where
solution is not possible at his level refer the complaint or grievance to the Master;

4. If the seafarer is not satisfied with the decision of the Master, he may appeal to the
Grievance Resolution Committee which shall be composed of the one (1)
representative from the ratings to be chosen by the concerned seafarer, one (1)
representative from the officer level to be chosen by the Master, and one (1) neutral
party to be agreed on by the concerned seafarer and shipmaster;

5. The Grievance Resolution Committee shall seek to address and resolve the
grievance within a period of fifteen (15) days upon receipt of written appeal;

6. If no satisfactory result is achieved, the seafarer concerned may appeal to the
management of the company or with a Philippine Labor Attache or consular officer
overseas; and

7. The master shall afford such facilities necessary to enable the seaman to transmit
his appeal.

b) The grievance machinery shall be availed of by the parties to the dispute irrespective
of whether or not their contractual relationship is covered by a collective bargaining
agreement, The procedure shall be a condition precedent prior to the assumption by the
voluntary arbitrator or panel of voluntary arbitrators or the labor arbiter of their original


and exclusive jurisdiction. When availed by the seafarer, the grievance procedure and all
actions or decisions agreed upon shall be properly documented for the protection and
interest of both parties. Speedy resolution of cases shall be given utmost priority.

©) The grievance resolution committee shall include, among others_ in its resolution,
order or decision a certification of whether or not the relationship of the parties to the
dispute are covered by a collective bargaining agreement, and the referral of the dispute
to the appropriate venue.

SEC, 82, Dispute Settlement. The procedure herein stated shall be without prejudice to
the other actions that may be brought by the seafarer before the jurisdiction of the concerned
regular courts and/or NLRC; or to the exclusive and original jurisdiction of the voluntary
arbitrator or panel of arbitrators appointed from the accredited voluntary arbitrators of the
National Conciliation and Mediation Board (NCMB) of DOLE.

SEC. 83. Voluntary Arbitration. Pursuant to the constitutional mandate on the
preferential use of voluntary modes of dispute settlement, the DOLE shall adopt procedural
guidelines in the conduct of voluntary arbitration proceedings involving the maritime sector,
and promote the use of voluntary arbitration as a mode to achieve speedy resolution of cases.

SEC. 84., Money Claims. All claims arising out of an employer-employee relationship or
by virtue of any law or contract involving Filipino seafarers for overseas deployment including,
claims for actual, moral, exemplary and other forms of damages shall be governed by the
provisions of Section 10 of R.A. 8042, as amended by R.A. 10022.

SEC. 85. Prescriptive Period. Recognizing the particular nature of overseas shipboard
employment, all monetary claims arising from the overseas Filipino seafarer’s contract shall
prescribe within three (3) years from the date of the seafarer's return to the point of hire.

CHAPTER XIII
MANDATORY LIABILITY INSURANCE POLICY

SEC. 86. Mandatory Liability Insurance Coverage. The State shall establish a system of
protection, by way of insurance to compensate seafarers for monetary loss that they may incur
as a result of the failure of a recruitment and placement service or the relevant shipowner under
the seafarers' employment agreement to meet its obligations to them. Towards this end, each
overseas Filipino seafarer shall be covered by a compulsory insurance policy at no cost to’ the
said worker. Such insurance policy shall be effective for the duration of the migrant worker's
employment contract and shall cover at the minimum all the benefits stated under Section 37-A
of R.A, 8042, as amended by R.A. 10022.

Only reputable private life, non-life and composite insurance companies duly licensed
and accredited by the Insurance Commission (IC) which are in existence and operational for at
least ten (10) years, with a net worth of at least Five Hundred Million Pesos (P500,000,000.00)
based on the audited financial statement submitted and approved under the Philippine
Financial Reporting Standards (PERS), with a current year certificate of authority and with an
IC-approved policy, shall be qualified to provide for this insurance coverage.

Insurance companies who have directors, partners, officers, employees or agents with
relatives within the fourth civil degree of consaguinity or affinity who work or have interest in
any of the recruitment/placement/ manning agencies or in any government agencies involved
in the overseas employment program shall be disqualified from providing this insurance
coverage.


The recruitment/placement/ manning or crewing agency shall have the right to choose
from any of the qualified and accredited insurance providers the company that will insure the
seafarer it will deploy. After procuring such insurance policy, the agency shall provide an
authenticated copy thereof to the seafarer. It shall then submit to the POEA the certificate of
insurance coverage duly approved by the Insurance Commission as a requirement for the
issuance of an Overseas Employment Certificate (OEC) to the seafarer,

Any foreign insurance company shall also be qualified to provide for the same insurance
coverage, in favor of the seafarer, provided that they have a local office or subsidiary doing
business in the Philippines and it conforms with current regulations of the Securities and
Exchange Commission (SEC) and the Insurance Commission. Insurance coverage for the benefit
of Filipino seafarers by foreign entities shall be strictly regulated by the Insurance Commission,

Any claim arising from accidental death, natural death or disablement shall be paid by
the insurance company without any contest and without the necessity of proving fault or
negligence of any kind on the part of the insured seafarer. Any question of dispute in the
enforcement of any insurance policy issued in favor of the overseas Filipino seafarer shall be
brought before the IC for mediation or adjudication regardless of the amount involved, and any
decision agreed upon in said mediation or adjudication shall be immediately executory not later
than thirty (30) days, notwithstanding the availability of appeal that may be resorted to by the
insurance company or by the employer of the seafarer. In the event that the insurance company
or foreign employer fails to accede to the said decision by non-payment of the stated
compensation in favor of the seafarer or delay or by any means or strategy employed to negate,
defeat, dilute or delay IC's order or decision, the manning agency shall be made liable for the
same amount. Any amount of compensation awarded in favor of the Filipino seafarer shall not,
be reduced by way of another proceeding in another government agency that may be filed by
either party to the dispute.

Alll the standards and procedures mentioned in the filing and settlement of claims from
the insurance coverage under R.A. 10022, including its Omnibus Rules and Regulations and the
Insurance Guidelines, are hereby incorporated to institute an orderly and effective system of

resolution and satisfaction of claims.
CHAPTER XIV
POST EMPLOYMENT

SEC. 87. Termination of Employment. The employment of the overseas Filipino seafarer
shall cease when he/she:

a) Completes his/her period of contractual service aboard the vessel, signs off from the
vessel and arrives at the point of hire;

b) Arrives at the point of hire for any of the following reasons:

i) Voluntarily resigns for just cause and signs off prior to expiration of contract;

il) Signs-off and disembarks for health reasons;

ili) Signs-off due to shipwreck, lay-up of vessel, change of vessel or discontinuance of
voyage; or

iv) Is discharged for just cause,

SEC. 88. Termination by the Seafarer. a) A seafarer may terminate the employer-
employee relationship based on any of the following conditions:

i) The ship is not seaworthy;
ii) The principal changes;


iii) The vessel is sold;

iv) The vessel is shipwrecked;

Y) The seafarer has been ill-treated on board and the master has failed to protect him
when requested to do so;

vi) ‘The voyage is discontinued or substantially altered;

vii) After the seafarer starts on board, it appears that the ship risk being seized by a
belligerent power or exposed to war damage, or that such risk is imminent or has
increased considerably; and

viii) After the seafarer starts on board, it appears that a violent epidemic disease has
broken out in the port for which the ship is bound;

b) In cases mentioned in paragraph (a), subparagraph (vi)-(viii) hereof, the seafarer may
take his/her departure with immediate effect if the voyage has not commenced or
otherwise at the ship's first port of call after he has become aware of the situation.

SEC. 89. Prohibition against Transfer of Station. An overseas Filipino seafarer shall not
be transferred at any port to any vessel owned or operated, manned or managed by the same
employer without the seafarer’s consent. In the event that the seafarer concerned consents with
such transfer, the position of the seafarer and the rate of his/her wages and terms of services
shall, in no way, be lower or inferior and the total period of employment shall not exceed that
original agreed upon. Any form of transfer shall be documented and reported by the manning or
crewing agency to the POEA.

SEC. 90. Post-Employment Benefits. Whenever applicable, in addition to the benefits a
Filipino seafarer may be entitled to under the OWWA and the SSS, a retiring overseas Filipino
seafarer covered by collective bargaining agreement shall be entitled to such post-employment
benefits as may be provided in his/her contract or agreement,

‘An overseas Filipino seafarer who is not covered by a collective bargaining agreement,
on the other hand, may, upon notice to his/her manning or crewing agency and principal,
authorize the deduction of a specified percentage of his/her monthly wages to form part of
his/her voluntary contribution to the post-employment fund, The amount to be deducted shall
be placed in an account in the name of the contributing seafarer.

CHAPTER XV
REPATRIATION

SEC. 91. Repatriation, All costs related to the repatriation and/or transport of the
personal effects of an overseas Filipino seafarer shall be covered by the compulsory insurance
policy mandated in Section 86 hereof.

SEC. 92, Emergency Repatriation. The OWWA, in coordination with the DFA and
appropriate international agencies, shall undertake the repatriation of overseas Filipino seafarers
in cases of war, epidemics, disasters or calamities, natural or man-made, and other similar
events without prejudice to reimbursement by the responsible principal or manning/crewing,
agency. Filipino seafarers who are detained in a foreign port shall be dealt with promptly under
due process of law and shall be provided by the DFA with appropriate consular protection and
shall be repatriated promptly, especially when the family of the seafarer or the seafarer himself
requests immediate repatriation.

SEC, 93, Mandatory Repatriation of Underage Seafarers, The provisions on mandatory
repatriation of underage migrant workers under Section 16 of R.A. 8042, as amended by R.A.
10022, shall also apply to overseas Filipino seafarers.


SEC, 94, Legal Assistance Fund, The Legal Assistance Fund created under Section 25 of
RA. No. 8042, as amended by R.A, 10022, shalll also be utilized to extend legal services to an
overseas Filipino seafarer who is in distress in accordance with the guidelines, criteria and
procedures promulgated therein.

CHAPTER XVI
REINTEGRATION SERVICES

SEC, 95, Retraining and Reintegration. Returning or unemployed Filipino seafarers may
avail of the livelihood development/re-training programs and placements services offered by
concerned government agencies, including OWWA and TESDA, TRG, and the CDA.

These agencies shall formulate skills upgrading or retraining curricula to meet the needs
of returning or unemployed Filipino seafarers. The participation of the maritime industry, in
particular, port and shipping industry, and maritime educational institutions shall be likewise
solicited by the DOLE in devising the appropriate retraining and local job placement programs
for unemployed seafarers.

SEC, 96. Establishment of Reintegration Center. The National Reintegration Center for
Overseas Filipino Workers established under Section 18 of R.A. 8042, as amended by R.A. 10022,
shall attend to the needs of returning Filipino seafarers.

SEC. 97. Scholarship Programs. Qualified Filipino seafarers or their immediate
descendants, who intend to pursue science and technology related courses may apply for
scholarships with the OWWA which shall benefit deserving overseas Filipino seafarers and/or
their immediate descendants below twenty-one (21) years of age who intend to pursue courses
or training primarily in the field of science and technology.

CHAPTER XVII
COMPLIANCE AND ENFORCEMENT

SEC. 98, Compliance and Enforcement. All vessels employing seafarers shall comply
with the provisions of this Act and its implementing rules and regulations. The shipowner or
master shall be made principally liable for any violation of the provisions of this Act. To ensure
effective compliance, the inspection of all vessels, whether coastal or ocean-going, or whether
locally-owned or foreign, shall be made by duly authorized representatives from the DOLE,
PCG, MARINA and DOH at any time. A representative of any government-recognized seafarers
union shall also be allowed to participate in the said inspection, provided that his/her
participation is only limited to a observer's status" for the sole purpose of supporting any
documented complaint that was previously filed by any of its members and provided, further,
that such status shall be approved by any representative of the aforesaid agencies prior to an
inspection that shall be conducted.

Similar to the authority of the PCG as earlier stated in Section 22 of this Act, any
representative of these agencies may order the detention of a ship for a serious violation or
breach of any provision under this Act and under current laws, and even without the
concurrence of the other representatives duly authorized for such purpose. Each representative
shall also have the power to order the immediate correction of, and impose fine for, any
violation or breach of the provisions of this Act, including the investigation of any complaint for
the same,

CHAPTER XVIII

SEC. 99. Nothing in this Act shall be constructed to delimit, dilute or affect the current


functions and powers of any government agency tasked in ensuring the promotion of the
welfare, safety and protection of the Filipino seafarer. For better coordinative functions among,
various government agencies involved in the implementation of the provisions of this Act, each
concerned agency shalll designate or hire and train the necessary personnel for such purpose.

CHAPTER XIX
PENAL PROVISIONS

SEC. 100. Any government official and personnel who fails or refuse to render service(s)
and/or assistance to overseas Filipino seafarers without just cause shall, after due notice and
hearing, and if found guilty, be punished with suspension from office of not less than thirty (30)
days or dismissal from the service with forfeiture of retirement and other benefits.

SEC. 101. Any shipowner, master, their representatives or other person who delays,
denies or refuses any representative of the aforementioned agencies to gain access to, board and
inspect the ship or any part thereof, shall be punished with a fine of not less than Five Hundred
Thousand Pesos (PhP 500,000.00) or imprisonment of not less than six (6) months, or both at the
discretion of the court.

CHAPTER XX
TRANSITORY PROVISIONS

SEC, 102, Implementing Rules and Regulations, The departments and agencies charged
‘with carrying out the provisions of this Act, except as otherwise provided herein, in consultation
with the Senate Committee on Labor and Employment and the House of Representatives
Committee on Overseas Workers Affairs, shall, within ninety (60) days after the effectivity of
this Act, formulate the necessary rules and regulations for its effective implementation.

SEC. 103. Separability Clause, If any provision of this Act is declared unconstitutional,
the remaining provisions shalll continue in force,

SEC. 104. Repealing Clause, All laws, presidential decrees, or issuances, executive
orders, letters of instruction, rules or regulations inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 105. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation,
whichever comes first.

Approved,