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

FIFTEENTH CONGRESS * .
FIRST REGULAR SESSION

No. § HOH”

House

Introduced by AKBAYAN Party-list Representatives Walden F, Bello and Kaka J.

Bag-ao

EXPLANATORY NOTE

With the Philippines deploying over 300,000 overseas Filipino seafarers (OFS) in
international ocean-going vessels, the govemment’s continuous efforts to ensure
their protection and welfare has been strengthened through the recent ratification of
international seafarer's bill of rights, making the Phitippines the 30" member-state to
sign the International Labor Organization's Maritime Labor Convention 2006. This act
Shows the International commitment of the Philippines to being one of the
Progressive member-states that actively protects its international seafarers.

In an article in Inquirer Global Nation. columnist Tina G. Santos reported that
according to Secretary Baldoz, around 300,000 overseas Filipino seafarers stand to
benefit from the ratification of the MLC 2006. Aimed towards better Protection before.
during and after deployment, increase in competency building. education and
training, and increase in overall competitiveness and professional advantage of our
Filipino overseas seafarers, this bill seeks to strengthen the rights of our OFS
through stronger compensation benefits. clearer institutional accountabihties and
more hardworking protective mechanisms that can empower the Philippine
institutions in their protection of OFS within and beyond our borders. This bill seeks
to forge clearer accountability of specific institutions when it comes to protection of
OFS. and to ensure just compensation of our OFS and relevant social protection

2 L pe
Se LE
WALDEN F.,BELLO



Republic of the Philippines
HOUSE OF REPRESENTATIVES
. Quezon City. Metro Manita
FIFTEENTH CONGRESS
FIRST REGULAR SESSION

House Will No, BDVE

Introduced by AKBAYAN Party-list Representative Walden F. Retlo and
Representative Kaka J. Bag-ao

oT

AN ACT INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS
ON BOARD INTERNATIONAL OCEAN-GOING VESSELS

This bill applics to international seafaring and does not cover domestic vessels and
domestic seafaring workers.

Chapter 1
General Provisions

Section 1, Short Title.
Filipino Seafarers.”

This Act shall be known as the “Magna Curta of Overseas

ction 2. Coverage. — Vhis Act shall cover all Filipino seafarers working on
anintetnational ocean-going ship under Philippine registry or those working on ships
under foreign registry.

Section 3. Appticabitity. ~ All rights and benefits granted under this Act shall, except
as may otherwise be provided hercin. apply to Filipino seafarers as defined herein. Mtl
fights. privileges and benetits previously enjoyed by Filipino seafarers betore she
eflectivity of this Act, including but not limited to, those set fort Republic Act No.
8042. otherwise known as the “Migeamt Workers and Overseas ilipinos Act of
as amended, shal! continue to be recognized and shall not be diminished atier
the effectivity of this Act

Section 4. Declaration of Policies: . is hereby declared the polic y of the State:

a) To recugnize the rights. contributions and unique role of Filipino seafarers
as niaritime professionals, as well as their vulnerabilities, and aflord them
full protection before. during and after their employment:

5) To maintain and progressively develop a pool of competent and world-class
international seafarers for all officers. ranks and ratings, as well ae sen ice
Personnel on special types of vessels, through a system of education.
uaining. accreditation and licensing:

©) Vo establish mechanisms for the enhancement of administrative.
adjudicative, social as well as welfare services for them und their families:


4) To enact laws that ratify. adopt, and implement the standards set b:
iglernational conyentions and wercements on safety. working conditions, arn!
working hours, among others for seafarers particularly the Maritime Labo-
Convention of 2006:

€) To recognize manning and recruitment entities as vital partners ia promotins,
the skill and competence of Filipino seafarers and protecting their right
prior to, and post employment by offering these manning and recruitmen
entities fiscal and tax incentives.

8 To allow the deployment of Filipino seafarers as overseas workers or
vessels navigating the foreign seas or to installations located offshore oF or
high seas whose ownervicmployers are compliant with imernational law:
and standards that protect the rights of migrant workers, and also comptiant
with the minimum. standard employment contract as well ay rules anc
regulations on sea-based workers prescribed by the Philippine Overseas
Employment Administration (POEA)

Tuward these ends. the State shall endeavor to improve the Filipino seafarers
ing conditions. terms of employment. career prospects and provide them
opportunities to harness their potentials to the fullest as well as promote and provide
incentives to the sea- based manning industry. The State shall further work to uplilt
the socio-economic well-being of the Filipino seafarers’ families.

Section 5. Definition of Terms. —

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

(b} “Departure” refers to the actuat departure from the point of hire of « Fitipino
seafarer through air, sea or land travel transport to join his vessel in a
Philippine oe foreign port, Contract coverage takes effect upon departure trent
residence.

“Foreign Registry” shall refer to the official public register of vessels of a
other than the Philippines:

(4) “International Maritime Convention” ot “huernational Convention" shall
refer to any wrillen treaty or agreement. of any protocol or amendment thereto
affecting the maritime industry which has come into force and effect:

(¢) “License” refers to the document issued by the POEA authorizing any person
oor entity 10 operate a manning agency:

(“Manning Agency” refers to any person, company. institution, licensed tw
engage in recruitment and deployment of overseas Filipino seafarers on board
ships of forcign registry in behalt of its foreign principals;


(3) “Maritime industry” refers wo all stakeholders engaged in the business «
owning, managing, chartering andor opcralingocean-guing shipi>)
Philippine or forcign registry. manning of ships, manayement of ports
stevedoring and arrastre ser ip brokering and chartering, ship-buildiny
and ship repair, providing maritime services such as ship supplies an.
provisions, maritime education and training, shipping agency, and othe
similar activities:

(h

“Master” refers to a seafarer who is licensed und authorized to comp
and/or navigate a ship by law or regulation and appointed as representative «
the ship owner:

ti) “Officers” refer to seafarers who are licensed by taw or regulation to serve i=
such capacity, such as Master Mariner, Chief Officer, 2nd Officer, and 312
Officer for the Deck department and Chief Engineer, 2nd Engineer. 312
Engineer, and 4th Engineer for the Engine department,

U) “Overseas Filipino Worker (OF Ws" or ~ ‘Migrant Worker” refers to a perso:
who is to be engaged. is engaged or has been engaged in a remunerated
activity in a state of which he or she is not a citizen oF on board a vessel
navigaling the foreign seas other than a government ship used for military o:
non-commercial purposes or on an installation located offshore or on the biz.
seas; For the purposes of this bill, the terms OFW and OFS (Overseas Filipin.
Seafarer) may be used interchangeably

{k} “Philippine Nationa” shalt refer to any individual who is a citizen of the
Philippines, or a commercial partnership or corporation organized under the
taws of the Phitippines, at least 60% of the capital of which is owned bs
citizens of the Philippines:

() “Philippine Port” refers to any Philippine

irport or seaport;

(MyPhilippine Seafarers’ One Stop Processing Center (PSOCY” refers 10 the
facility center whieh houses all relevant officevagencies involved in prov idin:
services to seafarers in one roof. created under Administrative Order Nu. 56
issued on January 24, 2003:

(n) “Philippine Shipping Companies” refer to entities registered and licensed
under the laws of the Philippines to engage in the business of overseas and ot
domestic water transportation;

(0) “Point of Hire” refers 10 the place indicated in the contract of employment
which shail be the basis fur determining commencement and termination ol
contract;

Will depend on the MOA of the principal and manning agency, Note
previous comment.

{p) “Principal” or “employer” refers to any person. partnership or corporation

hiring overseas Filipino seafarers to work on board ocean-going ships:


(q) “Rating” refers to any member of the crew other than the Officers ay defined
herein:

(8) "Recruitment and Placement” refers to any act of canvassing. enlisting,
contracting. transporting. utilizing. hiring or procuring workers. and invites
celerrals, contact services, promising or advertising, employment, locally or
abroad, whether for profit or not: Provided, that any person or entity. whic. in
any manner, offers or promises employment for a fee to two (2) or more
persons shall be deemed engaged in recruitinent and placement.

(5) “Recruitownt and placement agency” sefers 10 any Filipino peron,
corporation, partnership. company. cte. who is engaged in recruiting scatarers
for placement or employment on board Philippine-registered vessels or for
registered vessels:.

(0 “Philippine Registry” shall refer w the official public register under “he
authority of the Registrar of Ships which shalt hold the record of ali ses.2ls,
and its encumbrances registered under Philippine laws:

{u) “Seafarers” refer to any person who fulfils the conditions to be emplosed or
engaged as part of the crew or complement of the ocean-going ship other tan
a government ship used for military ar non-commercial purposes. This te-m
includes seafarers serving on mobile offshore units who perform functicns
similar to those constituting a crew, fishermen or cruise ship personnel

(v) “Overseas Filipito Seafarer (OFS1 cefers to a seaiarcr as defined ahove. wl
fulfils the conditions for or engaged as part of the crew or complement of an
‘ocean-going ship of Philippine or foreign registry.

() “Oceangoing ship” shall refer to any Philippine or foreign-registered stip
which is authorized to carry passengers or cargo, or both, in trade betweer. a
Philippine port and a foreign port, or between two foreign ports:

(3) “Ship owner” refers to the 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 own
and who, om assuming such responsibilities, has agreed to take aver all the
attendant duties and responsibilities of a ship owner under this Act:

(3) “Fessef™ or “Ship” shall refer 10 any boat, craft or artificial conteivance
capable of floating in water. designed to be used, or capable of being used. as
a means of water transport for the carriage of passengers or cargo, or bth,
utilizing its own motive power or that of another, and shall include a s*ip
under construction and mobile offshore units;

(4) “Commission on Higher Education (CHEDs” refers two the government agency
created pursuant to Republic Act No, 7722:

(aa) “Department of Education (DepEd)" refers to the government agenes
created pursuant lo Executive Order No. 117 (30 January 1987), us amenced


by Republic Acts 7722, 7796, and 9155 (11 August 2001};

(bb) “Department of Foreign Affairs (DFA/” refers w yovernment agency
created purstiant to Republic Act No, 7157:

(ec) “Departinent of Labor and Employment” refers to the government agencs
created pursuant to Executive Order No. 292:

(dd) “1.0" refers to the International Iabor Organization;

fee} “EMO” refers to the Intemational Maritime Organization;

(8) “Maritime industry Authority” (MARINA) refers to the goverment ag
created pursuant to Presidential Decree No. 474;

(gg) “Maritime Training Council” cefers to the government agency ereated
pursuant (© Letter of Instruction No. 404;

(hh) “NSO” refers to the National Statistics Office;

(i) “Overseas Workers Welfare Administration (OWWAS” refers to the
government agency created pursuant to Executive Order No. 126:

Gi “Phitippine Coast Guard (PCG)" refers to the government agency created
pursuant to Repubtic Act No. $17:

(hk) “Philippine Overseas Employment Administration (PORAJ” reliers to the
government agency created pursuant to Executive Order No. 797, as amendec
by Executive Order No, 247;

GU “PRC” refers to the Professional Regulation Commission;

tmm) 7CUW °78" refers to the Intemational Convention on Standards ot
‘Training, Certification and Watch-keeping for Seafarers of 1978. as amended:

(nn) “fechnical Education and Skills Development Authority” refers to the
government ageney created pursuant to Republic Act No. 7796:

(oo) “TLC refers to the Technicat and Livelihood Center.

Chapter 2
Filipino Seafarer’s Rights

Section 6. Right to Educational Advancement and Training at Reasonable and
Affordable Costs. — The State shall ensure that Filipino seafarcrs, employed in ocean-
going ships. have access 10 quality educational advancement and training at
reasonable and affordable rates.

Toward this end, the State shall


(a) Regulate the operation of all educational, training, and review institut
offgring courses related to seafaring: and

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

7. Right to Relevant Information— the State shall ensure that manic:
cncies, and other private and public agencies shall provide Filipino sealirers with
adequate and relevant information to make them understand their rights. benetit:
obligations, conditions and realities attendant to their profession, their dutic>
responsibilities and obligations under the POEA-approved contract.

Toward this end, manning agencies. and other organizations responsible for the
recruitment and placement of Filipino seafarers shall be mandated to provide seatarers
information on the computation and payment of salaries and specific privileges and
benefits available in their contract of employment.

The State shall provide seafurers access to an efficient, adequate and accountable
system for finding employment on board ship. which may include relevan:
government agencies and manning agencies, without charge to the seafarer.

Seetion 8. Right to Humane Conditions of Work and Ri

‘The State shall protect the Filipino seafarers” rights to:
(a) humane conditions of work;
(b) a safe and secure workplace that complies with safety standards;
(c) decent working and living conditions on board ship.

(d) medical care, welfare measures and other forms of health and social
protection,

(e} time for himself and his fam

(f) equal weatment , protection from discrimination and respect for cultura
identity regardless of gender, race. religion, ethnicity of socio-economic
status,

terms and conditions of employment including salary commensurate t

rank, hours of work, and other relevant basis for wage computation
minimum number of working hours, minimum annual leave (2.5 days per
month) and rest period consistent with Philippine laws or intcrnationa
maritime conventions, when applicable.

Section 9. Right to Legat Representation.— Filipino seafarers who are victims of
illegal recruitment and prohibited acts as defined in this Act, shall have the



free leat assistance and protection.Courts. administrative agencies, and other
tribunals should ensure a speeds and impartial disposition of their cases

Every seafarer accused of committing any offense in violation of any provision of ints
or her contract has the right t due process, an impartial judicial or administrative
body, and right to speedy disposition of cases.

Section 10. Right to Self-Organization and Potitical Representation, — Seatare-s
have the right to self-organization, to engage in collective bargaining and to
participate in democratic exercive. The state shail provide for an enabli
environment for the Seatarers to exercise their democratic rights.

The exercise of this right includes representation in governing boards or appoiniment
in government instrumentatities that may affect them.

Seafarers’ organizations or unions as well as concerned maritime industry
representatives shall be adequately consulted by the State before adopting any po
law, executive issuance, rule or regulation that may directly or indirectly wttect the
and/or their families and beneficiaries.

Chapter 3
Duties of the Seafarer

Section 11.

ipino Seafarers shall haye the fotlawing dutics:

1.To comply with and observe the terms and conditions of his/her employ ment
contract:

2. to abide by the Code of Discipline as provided for in the POKA rules and
regulations governing OFS;

Chapter 4
Manning Requirements for Philippine-Registered Ships

Section 12. Citizenship of Crew. Every member of the crew of any ocean-yoing shis
lor which a certificate of Philippine registry or a certificate of vessel registry
ownership has been issued. should be a citizen of the Philippines.

An exemption from this requirement may be obtained from the relevant ageney upon
written application from the ship owner or operator and proof that no Philippine
citizen is qualified for the position or is willing to serve on board the ship. Th’
exemption shal] not be granted to ships engaged purely in coastal trade.

Chapter 5
Minimum Requirements for Seafarers to Work on a Ship

Section 13. Minimum Age No person below cighteen (18) years old shall be


employed, engaged, or shall be otherwise allowed (o work on board an pevan-poing
ship.

Section 14. Education. — A Tilipino seafarer must have at least finished high sche.
or successfully completed the required academic requirements for a maritime d
provided for in the curriculum approved by the Commission on Higher Education
must have completed the basic training courses for the position applied for as required
by MARINA for ratings, The implementing rules and regulations of this Act shall soi
the educational and/or training requirements for each classification of seatarers

Training and upgrading of a Filipino seafarer shall take into consideration the
seafurer’s right to spend quality time with his family.

Scetion 18. Training - A Filipino seafarer must at feast undergo and successtid
complete the required basic training proper to his/her position as set forth under 1
STCW Convention, as amended. and under the 11.0 Conventions which have «
into force

Where in-service waining and assessment of competence for the Filipinw
seatarer is required tor purposes of certification under the STCW Convention, the
Person conducting the same either on board or ashore must meet the qualification.
prescribed under the requirements of the STCW Convention and the pertinent
requirements of the MTC and PRC.

No scalurer shall be allowed to work on a ship unless he is properly trained an.
certified as competent or otherwise qualified to perform his duties on board
accordance with the standards of the STCW or other international maritime
conventionts) providing for seafarer’s training, qualification, competencs cx
certification

No seafarer shall be permitied to work on a ship unless he is able to demonstrate thi:
he has successfully completed the training for personal safety on board ship Qualit.
standards for local seafarers shall devolve upon the Maritime Industry Authorit.
(MARINA).

Seetion 16. Documentation ~ For the documentation, a seafarer shall be classified
nto focal and overseas. This bill, however. shall apply on to Overscas Filipin:
Seatarcrs

OFS must have a Scalarer’s ID und Record Book (SIRB) and Scalarer’s Registration
Certificate (SCR), slong with his Certificate of Completion of Training and
Centificate of Competency

Section 17. Medical Certification and Validity

A. Medicat Certificates.—As a requirement for employment and periodically
thereafter as may be determined by the Department of Health (DOH). cvery
seafarer shall be required to hold a valid medical certificate attesting thar
helshe is medically fit to perform the dutics that he will be required to carry


E.

oul at sea.

Required Medical Tests and Certificates. — Ve Department of Flealth shat
determine and prescribe the nature of the medical examination that shall be
required of a seafarer, ensuring that such examination will genuinely
determine the scufarer's state of health, considering the duties that he she sha:t
be required to perforin on board.

The DOH shall tikewise prescribe the contents of the medical certifivate 19
ensure that such certification will genuinely reflect the scafarer’s state oP
health

In determining the tenor and substance of the medical certificate. the 101
shall take into account the requirements for medical certitivates prescribed b:
government agencies for similar professions or international maritime
conventions, when applicable.

Issuance of Medical Certificates. — The medical certificate shall be issued ts
4 duly qualified medical clinic or practitioner recognized and accredited bs the
DOH as meeting the standards 10 conduct medical examinations on seafarers
in accordance with the guidelines of the World Health Organization (WHO)

in cases where the cost of medical examinations for seafarers is shouldered bs
the ship owner or manning agency. the right to designate the OF -accredited
medicat clinic or practitioner that will conduct the medical examination and
thereafier issue a medical certificate, shall betong to the ship owner or
manning agency.

Medical Second Opinions. - Any seafarer who has been refused the issuance
of a medical certificate or who has been issued a medical certificate but statiny
a limitation on his ability to work, or any limitation with respect to time cf
work, or number of hours of work, oF trading area, shall be given the
opportunity to seek further medical examination by another duly qualifies
medical clinic or practitioner accredited by DOH at the option of the ship
owner of manning agency; Provided that, the cost of such medical
examination shall be shouldered by the seafarcr.

Contents of the Medicat Certificate, — Each medical certificate shall state
that:

4, ‘The hearing (audiometry). and eyesight (color-blindness test) of the
seafarer are satisfactory:

b. For seafarers who shali be employed in capacities where fitness for the
work to be performed will be affected by a defective color ¥
the seafarer’s color vision is satisfactory; and

¢, The seafarer has passed other standard medical tests as mandated by


the DOH or as required by the ship owner or manning agency

F.. Period of Validity of Medical Certificates, — \nless @ shorter period 1s
required by rason of specific duties to be performed by the seafirer, oF there
are specific requirements imposed by the international maritime convention

A medical certificate shall be valid for a maximum period of two (2) years.
while the seafarer is on board, provided: that the ship owner of the mannii
agency may require the seatarer to undergo and pass a medical examination as
a requirement for every new employment contract.

A certification of color vision shall be valid for a maximum period of six (61
years,

G. Expiration of Medicat Certificate While on Board. —\i the period of validiv.
of the medical certificate expires in the course of a voyage, the certificate shail
continue in force until the nest port call where the scafarer can obwin a

ical certificate from a qualified medical practitioner, provided that the
period of extension shall not exceed three (3) months

H. Language of Medical Certificates. — All medical certificates issued i>
seafarers intending to work on ships engaged in international voyages shall be
written in the English language.

Chapter 6
Recruitment and Placement of Overseas Filipino Seafarers (OFS)

Section 18, Private Sector Participation in the Recruitment and Placement of
OFS. Pursuant ww the above-mentioned state policies and in order to harness and
maximize the use of private sector resources and initiative in the development and
mplemeniation of a comprehensive employment program, the private scctor shall
participate in the recruitment and placement of overseas Filipino seafarers. Provided
that such recruitment and placement procedures are consistent with the provisions
stipulated under this Act and such other guidelines, rules and regulations as may be
promulgated by the DOLE and other concemed government agencies,

Section 19. Quatifications of Manning Agencies. The POEAshalt determine the
qualifications of persons, partnerships or corporations which shail be permitted tw
engage in the business of recruitment and placement of OFS including, among others:

a) Minimum capitalization and other proof of financial capacity: and

b) Quafification of officers. Non-Filipino citizens shall not be allowed to heat! or

manage a manning agency.

Provided that, no manning agency shall be licensed to operate unless it is owned
by Filipino citizens, or by partnerships wholly owned by Filipino citizens, or bs
comporations at least seventy-five percent (75%) of the authorized and voting capital
stock of which is owned and controlled by Filipino citizens.

10


Section 20. Fees Charged to the Seafarer. No fees or other charges for recruitment
or for providing employment to seafarers shall be borne directly ur indirectly. i

whole or in part, by the scufarer. For this purpose, the costs tor obtaining naticnal
statutory certificates. personal travel documents, visas, and national seafarer's book,
shall not be decmed (0 be included in the phrase "tees or other charges. for
reeruitment,” the costs for which shail be borne by the seafarer.

in the case where the manning agency: pays the cost of medical examination it shail
have the right to appoint the duly qualitied and accredited medical clinic by DOH.

Section 21. Prohibition on Officials and Employees. \ shall be unlawful for any
official or employee of the DOLE. POEA, OWWA, DFA, or other government
agencies involved ia the implementation of this Act, or their relatives within the
tourth civil degree of consanguinity or affinity. to engage, directly or indirectly. in the
business of recruitment and placement of OFS as defined in this Act.

Section 22. Protection of Seafarer's Interests The PORA shall control the
deployment of OES and ensure that deployment shall only be to ships of flag States

which implement the standards imposed by intemational maritime conventions

protecting the cigits of seafarers. {f national interest warrants or public interest
requires. the PC Governing Board. after consultation with the Department of
Foreign Aflairs may. at any time, terminate or impose a ban on the deploy mer
OFS to ships of particular flag States or trading in particular areas.

of

As per Section 3, of RA 10022. the State shall also allow the deployment of overseas
Filipino workers to vessels navigating the foreign seas or to installations located
offshore or on high seas whoseownersemployers are compliant with international
laws and standards that protect the rights of migrant workers.

Section 23. Dutiew of Manning Agencies. Ali manning agencies shall:

a, Maintain a register of all seafarers recruited or placed through them, giving due
regard to the right to privacy of the seafarer, which register shall be made
available for inspection by the relevant agency, and shall include the
following information:

1) ‘The seatarer’s qualifications:
2) Hisiher record of employment:
3) Hishher personal data relevant to employment;
4) Iis/her medical data relevant to employment.
b. Ensure that ali seafarers recruited or placed by them are qualified and bold
valid and up-to-date training certificates, medical certificates and other

applicable certificates and as well as seafarer’s identity documents and other
documents necessary for the job concerned;

¢,Maintain an up-to-date list of ships for which recruitment and placement

u


services are provided und to which seafarers are deployed and ensure that
there is in place a means by which to contact the ship at alf hours:

d.Ensure that contracts of employment covering seafarers recruited or placed ty
them are in accordance with applicable laws and regulations;

¢. Ensure (hat svafarers are informed. prior to engagement or during the process of
engagement, of their rights and duties under their contracts of employment.
any particular conditions applicable to the job for which they will be
engaged, and any specific policies of the ship owner relating to their
employment;

TEnsure that proper and adequate arrangements are made for seafarers i
examine their contracts of employment before and after they ure signed and
they are given a copy of the contract before they are deployed:

e.Provide for procedures to ensure that. in the process of recruitment ana
placement, seafarers are not subject to any form of exploitation by ans of its
personnel;

h.lnform the seafarer of the costs which the he or she will be expected to bear in
the recruitment and placement process;

i. Examine and respond to any complaint received from any seafarer thes have
deployed and advise the competent authority of any unresolved complaint:

j. Provide for adequate procedures to address requests for information or advise
from seafarers" families while the seafarer is at sca and that these are dealt
with promptly. sympathetically and adequately:

k. Verify that working and living conditions on board are in conformity with the
employment contract or the applicable coitective bargaining agreement in
place;

|. Investigate any reasonable complaint raised by the seafarers and forward the
findings to the relevant aeney:

m, Ensure that the ships to which it deploys seafarers provide financial security
such as protection and indemnity or other insurance cover to ensure
compensation for ship owner's liabilities arising out of the operations of the
vessel tike loss of life, injury or illness of seafarers, among others:

n, Ensure that arrangements are made by the employer for the monthly remittance
of at least eighty percent of the basic wages of the seafarer © designated
allottees which remittance shall be arranged through the banking system or
other similar channels:

o-Ensure that appropriate arrangements are in place for the repatriation of any
seafarer who has been abandoned by his employer,

12


Section 24. Hegal Recruitment. Yor purposes of this Act, illegal recruitment shail
Mean any act of canvassing. enlisting. contracting, transporting, utilizing. hiring. or
procuring workers and includes referring, contract services, promising or advertising
for employment abroad, whether for profit or not, when undertaken by non-licensce or
non-holder of authority contemplated under Articte 13(1) of Presidential Decree No.
442, as umended, otherwise known as the Labor Code of the Philippines: Provided.
That any such non-ticensee or non-holder who, in any manner, offers oF promises for
a fee employment abroad to 20 oF more persons shail be deemed so engaged. It shall
likewise inctude the following acts, whether committed by any person, whether a none
licensee, non-holder, licensee or holder of authority:

{a} To charge or accept directly or indirectly any amount greater than that
specified in the schedule of allowable fees prescrihed by the Secretan of
Labor and Employment. or to make a worker pay or acknowledge any amount
greater than that actually received by him as a loan or advance;

(b) To furnish or publish any false notice or information or document in relation
to recruitment or employment;

(©) To give any false notice, testimony. information or document or commit any
act of mistepresentation for the purpose of securing a license or authority
under the Labor Code. or for the purpose of documenting hired workers w ith
the POEA, which include the act of reprocessing workcrs through a jub order
that pertains to nonexistent work, work different from the actual overseas
work, or work with a different employer whether registered or not with the
PC

(d) To include or attempt to induce a worker already employed to quit his
employment in order to offer him another unless the Wansfer is designed to
liberate a worker from oppressive terms and conditions of employment:

{e) To influence or attempt to influence any person or entity not to employ any
worker who has not applied for employment through his agency or who has
formed. joined or supported. or has contacted or is supported by any union or
workers’ organization;

(0 To engage in the recruitmem or placement of workers in jobs harmful 19
public health or morality of to the dignity of the Republic of the Philippines:

(g) To fait to submit reports on the status of employment, placement vacancies
reimittnce of foreign exchange earnings, separation from jobs, departures and
such other matters or information as may be required by the Secretary of
Labor and Employment;

(h) To substitute or alter to the prejudice of the worker, employment contracts
approved and verified by the Department of Labor and Employment from the
time of actual signing thereof by the parties up to and including the period of
the expiration of the same without the approval of the Department of Labor

13


and Employment:

(i) For an officer or agent of a recruitment or placement agency to become an
officer or member of the Board of any corporation engaged in travel agency or
to be engaged directly or indirectly in the management of travel agency:

@) To withhold or deny trayel documents from applicant workers before
departure for monetary’ of financial considerations, or for any other reasons.
other thun those authorized under the Labor Code and its implementing rules
and regulations;

(k) Failure to actually deploy a contracted worker without valid reason ay
determined by the Department of Labor and Employment;

Q) Faiture to reimburse expenses incurred by the worker in connection with his
documentation and processing for purposes of deployment, in cases where the
deployment docs not actually take place without the worker's fault. [lezat
recruitment when committed by a syndicate or in large scale shail be
considered an offense involving economic sabotage; and

{mito allow a non-Filipino citizen to head or manage a_ licensed
recruitment/manning agency

Illegal recruitment is deemed committed by a syndicate if carried out by a group of
three (3) or more persons conspiring or confederating with one another. It is deemed
committed in large scale if committed against three (3) or more persons individually
or asa group.

Section 25. Prohibited Acts. - In addition to the acts enumerated above, it shal] also
be unlawful for any person or entity to commit the following prohibited acts:

(1) Grant a loan to an overseas Filipino worker with interest exceeding cight
percent (8%) per annum, which will be used for payment of legal and
allowable placcment fees and make the migrant worker issue. either personally
or through @ guarantor or accommodation party, postdated checks in relation
to the said Joan;

(2) Impose a compulsory and exclusive arrangement whereby an overseas
Filipino worker is required to avail of a loan only from specifically designated
institutions, entities or persons;

(3) Refuse to condone or renegotiate a loan incurred by an overseas Filipino
worker atter the latter's employment comract has been prematurely terminated
through no fault of his or her own:

(4) Impose a compulsory and exclusive arrangement whereby an overse:
Filipino worker is required to undergo health examinations only from
specifically designated medical elinics, institutions, entities or persons, except
in the case of a seatarer whose medica! examination cust is shouldered by the
principal’shipowner:

14


45) Impose a compulsory and exclusive arrangement whereby an overse:ts
Filipino worker is required to undergo training, seminar, instruction or
schooling of any kind only from specifically designated institutions. entities or
persons, except fpr recommendatory trainings mandated by
principats/shipowners where the latter shoulder the cost of such trainings:

(6) For a suspended recruitment manning agency to engage in any kind uf
recruitment activily inchiding the processing of pending workers’ applications:
and

(7) For a recruitmenl/manning agency or a foreign principal’employer to pass
on the overscas Filipino worker or deduct from his or her salary the payment
of the cost of insurance fees, premium or other insurance related charges. as
provided under the compulsory worker's insurance coverage.

(8) For a principal! ship owner! manning agency to use completion of medical
tests to withold personal documents, salary and/or benefits of a seatarer.

(9) For principal’ ship owner/ manning agency or any person with access to
remittances to engage in short-changing of dollar remittances.

The persons criminally liable for the above offenses are the principals,
accomplices and accessories. In case of juridical persons, the officers having
ownership. control, management or direction of their business that are responsible for
the commission of the offense and the responsible employces/agents thereof shall be
liable.

The POEA shall impose by regulation the requisite penalty for the commission
of any of the foregoing offenses shall be limited (o the penalty of a fine of not more
than two million (P2,000,000.00), provided that, the fine actually imposed shall take
into consideration the gravity of the offense, the prejudice caused to the seafarer and
the need to prevent the future commission of the same or a simitar act;

Section 26, Penalties. —

(a) Any person found guilly of illegal recruitment shall suffer the penalty of
imprisonment of not less than twelve (12) years and one (1) day but not more
than twenty (20) years and a fine of not fess than One million pesus
(P'1,000,000.00) nor more than Two million pesos (P2,000,000.00)

(6) ‘The penalty of life imprisonment and a fine of not less than Two million
pesos (P2,000,000.00) nor more than Five million pesos (P5.000,000.00)
shall be imposed if illegal recruitment constitutes economic sabotage as
defined therein

Provided, however, ‘That the maximum penalty shall be imposed if the person
illegally recruited is less than eighteen (18) years of age or committed by a
non-licensee or non-hulder of authority

(c) Any person found guilty of any of the prohibited acts shall suffer the penalty


of imprisonment of not less than six (6) years and one (1) day but not more
than (welve (12) years and a fine of not less than Five hundred thousand
pesos (P500,000.00) nor more than One million pesos (P1,000,000.00).

If the offender is an alien, he or she shall, in addition to the penalties herein
prescribed, be deported without further proceedings.

In every case, conviction shall cause and carry the automatic revocation of the
license or registration of the recruiumen/manning agency, lending institutions.
raining school or medical clinic.

The filing of an offense punishable under this Act shall be without prejudice to
the filing of cases punishable under other existing laws, rules of regulations.

Section 27. Investigation of Complaints, The POEA shall investigate and take
appropriate avtion on any complaint received concerning the recruitment and
placement activities of manning agencies and any violations of the law or of
regulations they may commit

Section 28, Prescriptive Periods. ~ Mlegal recruitment cases under this Act shall
prescribe in five (5) years: Provided, however, that illegal recruitment cases involv ing
economic sabotage as defined herein shall prescribe in twenty (20) years.

Chapter 7
Conditions of Employment

Section 29, Seufurer's Employment Agreement.— \ivery seafarer engaged to work on
board a ship on contract shall be covered by a seafarers employment agreement
signed by the seatarer and the ship owner or a representative of the ship owner.

Every seafarer who signs a seafarer’s employment agecement shall be informed
of his rights and duties under his contract of employment, any particular conditions
applicable to the job for which he will be engaged, and any specific policies of the
ship owner relating to his employment,

‘The ship owner and the seafarer shall each be provided a signed original copy of
the contract of employment,

At the end of his contract and upon disembarkation, a seafarer shall be given a
record of his employment on board the ship specifying the length of service. the
position the seafarer occupied. and such other information that will facilitate the
seafarer’s future employment acquisition of further work or satisfy sea service
requirements for upgrading or promotion.

Section 30. Standard Employment Contract (SEQ).—Kor OFS 10 be deployed on
ocean- going ships under Philippine and foreign registry, the POA, afer consultation
with the Seafarers sector, the Employer and Manning sector, shall determine.

16


formulate and establish the minimum terms and conditions which shall be contained
in a standard employment contract for seafarers in accordance with accepred
imternatignat standards and maritime practice. A standard employment contract shall
bbe prepared for cach group or category of seafarers and shalt be reviewed periodically
to keep them attuned to international requirements and demands. A duly executed
standard employment contract approved by the relevant agency shall be the minimum
requirement lor deployment of a seafarer.

Section 31. Minimum Terms and Conditions. ‘Ve minimum standard terms and
conditions of the standard employment contract shall inciude:

a. Seafarer’s full name, date of birth and birthplace;

b. Ship owner's name and addre

¢. Place where and date when the seafarer’s employment agreement is
entered intos

d. Capacity in which the seafarer is to be employed;

Amount of the scafarer’s wages or the formula for calculating the same:

f. Date of termination of the agreement or any conditions for the pre-
termination of such agreement, including:

tf 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 ship owner than for the seafarer:

h. Ifthe agreement has been made for a definite period, the date fixed for its
expiry or the conditions entitling the seafarer (o an early termination of the
contract including compassionate grounds or other urgent reasons:

Uf 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;

J. Health and social security protection benefits to be provided (© the
seafarer by the ship owner;

k.  Seafarer’s entitlement to repatriation; and

Reference w any collective bargaining agreement.
Section 32. Freedom to Stipulate— Panties to the individual employment contract are
allowed to stipulate and mutyaily agree on other terms and conditions exceeding the

minimum standards, provided that the additional provistons are mutually beneficial to
both parties and are not contrary to law. public policy and morals.

Section 33. Information on Conditions of Employment on Board.- Every ship


owner shall be required to ensure that information on the general conditions of
employment can be easily obtained on board by all seafarcrs working on the ship.

A copy of the seafarer’s employment agreement showing the general conditions
‘of eniployment shall be made available on board and accessible to representatives of
the competent authority of the ports (o be visited by the ship.

If'a collective bargaining agreement forms part of the scafarer’s employment
agreement, a copy of that agreement shall likewise be made available on board and
accessible to representatives of the competent authority of the ports to be visited by
the ship.

Section 34. Payment of Wages.— All seafarers working on boatd ships on contract
shall be promptly paid their wages, not later than the end of each calendar month
covering servives rendered for that month.

For this purpose, every scafarer shall be given a monthly account of all
payments due and the amounts to be paid, including basic wages, overtime pay, leave
pay, allowances, and other additional remuneration, any allowed deductions. and
“here applicable, the foreign exchange rate used if work is on board an ocean-goins
ship and payment is made in a currency other than Philippine pesos.

Section 35. Remittance of Wages. — Every ship owner shall ensure that arrangements
are made for the monthly remittance of at least cighty percent of the basic wages of
the seafarer to designated allottees, which remittance shall be arranged through an:
authorized Philippine bank.

Provided that, for ships licensed to engage in coastal trade only the rules found
in Book Three, “Conditions of Employment”, Title li, “Wages”, Chapter [.
“Preliminary Matters”, Chapter I, ~Minimum Wage Rates”, Chapter IIT. “Payment of
Wages”, Chapter IV “Prohibitions Regarding Wages", Chapter V, “Wage Studies
Wage Agreements, and Wage Determination”. and Chapter VI, “Administration and
Enforcement” of the “Labor Code of the Philippines”, Presidential Decree No, 442 as
amended, shall continue to apply and shall be considered as substantially complying
‘with international standards.

Section 36. Hours of Work.. It is hereby established that normal working hours for
seafarers shall be based on an eight-hour day with one day of rest per week and rest
on public holidays,

Section 37. Measures to Address Fatigue. - To uddress the effects of fatigue of a
seafarer, which can be detrimental to the safety of the ship and the safety of other
Persons on board, especially where the seafarer is engaged in duties involving
navigational safely and the safe and secure operation of the ship, the following limits
on hours of work are hereby established:

a Maximum hours of work shall not exceed:

1.14 hours in any 24-hour period; and

18


2. 72 hours in any seven-day period.
On
6. Minimum hours of rest shall not be fess than:
1. Ten hours in any 24-hour period: and
2. 77 hours in any seven-day period

Hours of rest may be divided into no more than ¢wo periods, one of which shall be at
least six hours in length, and the interval between consecutive periods of rest shall not
exceed |4 hours.

Provided, that, for ships ficensed to engage in coastal trade only the rules found in
Book Three, “Conditions of Employment”. Title 1, “Working Conditions and Rest
Periods”, Chapter 1, “Hours of Work", Chapter Ul, “Weekly Rest Periods”. and
Chapter ITI, “Holidays, Service Incentive Leaves and Service Charges” of the “Labor
Code of the Philippines”, Presidential Decree No. 442 as amended, shall continue
apply and shall be considered as substantially complying with international standards.

Section 38. Entitlement to Leave. Seafarers engayed to work on seagoing vessels
shall be entitled to a minimum of two-and-a-half calendar days per month of actuat
employment as annual leave with pay. The annual leave with pay shall be computed
using as basis the basic wage of the seafarer. The POEA may provide by regulations
the limitations or exclusions that may be imposed when determining total entitlemem.
for leave with pay.

Section 39. Exctusions from Annual Leave.— Vhe tollowing shall be exctuded trum
the computation of annual leave:

1. Public and customary holidays of the Philippines whether or not they fall
during the annual leave with pay;

Periods of incapacity for work resulting:

(a) From illness or injur

F

(b) From maternity provided such maternity leave shall be computed
in accordance with the provisions Republic Act No. 1161 as
amended by Republic Act No. 7322; or

(©) From paternity provided such paternity leave shall be computed
in accordance with Republic Act. No. 8187:

‘Temporary shore Jeave granted to a seafarer while employed on board:

4, Compensatury leave of any kind.

19


Section 40, Recall from Leave. — A seafarer taking an annual leave should be recalled
only in cases of extreme emergency and only with his consent.

Section 41.Recovery of Repatriation Cost. It shall be unlawful for a ship owner 1o
require a seafarer to make an advance payment towards the cost of his repatriation at
the beginning of his employment or from recovering the cost of repatriation from the
seafurer's wages or other entitlements except if repatriation is made in accordance
With the next succeeding section.

Section 42.Repatriation at the Cost of the Seafarer. Any seafarer engayed on an
‘ocean: going ship shall bear his own cost for repatriation in the folowing cases

(a) If the seafarers is discharged for just cause:

(h) If the seafarer requests for an early termination of his contract, in which
case, the seafarer shall be also liable for the cost of transportation Tor his
replacement,

{e) Additional cost of repatriation due to delay, detour, or taking a different
roule other than the most direct route to the point of hire as provided in
the preceding section.

Section 43, Compensation in Case of Ship's Loss or Foundering. A scafarer shall
be entitled to the payment of indemnity for unemployment in case of foundering or
toss of the ship he/she is working on. The indemnity shall be paid for the days during
which the seatarer actually remains unemployed and shall be paid at an amount
equivalent to the scafarcr's basic wages as stipulated in the employment agreement
‘The maximum amount recoverable by a seafarer under this section shall be limited 19
an amount equivalent (o one month's basic wages

Section 44, Manning Levels, - The MARINA shall determine the minimum manning
levels for ships belonging to the Philippine registry. Every ship shall be manned by
crew that is adequate in terms of size and qualifications taking into account the need
to operate the vessel safely. efficiently and with due regard to security

Section 48. Crew Competence. - Every member of the crew of a Philippine flag
vessel shall possess the appropriate certificate of competency setting forth his
competence to serve in the capacity and perform the functions involved at the level of
responsibility, for the position held, for the type. tonnage, power, means of
propulsion, and trading patterns of the ship concemed.

The certificate of competency shall attest to the fact that the seafarer to whom it is
issued mects the requirements for service, age, medical fitness training, qualification.
and examinations for the position held.

Section 46. Registry of Seafarers. The POEA for OFS on occan-going ships of
foreign registry and MARINA for coastal and occan-going ships under Philippine
registry shall maintain a registry of all seafarers in the Philippines. The registry shall
contain the following information:

20


a. The name of the seafarer;

b. Qual

tions;

c. Record of employment;
. Education and training:
¢. Current certificates:

£ Occupational category:

Such other relevant information shall be included in the registry that will allow.
the relevant agency to promote employment opportunities for seafarers whether on
board or ashore, or allow for further training and education to support skills
development and competencies of seafarers in order to secure or improve employment
‘opportunities,

Chapter 8
Compulsory Benefits for OFS

Section 47. Compulsory Benefits for OFS.—In addition to the performance bond to be
filed by the manning agency. the POEA shall ensure that the ships to which OFS are
deployed are provided financial security such as protection and indemnity or other
insurance cover to answer for the following:

(a) Incase of death, with at least fifteen thousand United States dollars
(US$50,000.00) survivor's benefit payable to the O'S’ beneficiaries; Per RA
10022 check if the minimum benefits are upheld (7,000 USD per child below
21 years old);

(6) Permanent total disablement, with at least seven thousand five hundred United
States dollars (US$60,000.00) disability benefit payable to the OFS. The
following disabilities shall be deemed permanent: total, complete loss of sight
of both eyes; toss of two (2) limbs at or above the ankles or wrists; permanent
complcte paralysis of two (2) limbs; brain injury resulting to incurable
imbecility or insar

{e) Repatriation cost of the OFS when hisfher employment is terminated without
any valid cause, including the transport of his or her personal belongings. in
case of death,the coverage provider shall arrange and pay for the repatriation
or return of the OFS’ remains. The coverage provider shall also render any
assistance necessary in the transport including, but not limited to, locating a
local licensed funeral home, mortuary or direct disposition facility to prepare
the body for transport, completing all documentation, obtaining Icgal
clearances, procuring consular services. providing necessary casket or air
Wransport container, as well as transporting the remains including retrieval
from site of death and delivery to the receiving funeral home;

21


(4) Subsistence allowance benefit, with at least One hundred United States dollars
(US$100.00) per month for a maximum of six (6) months for an OFS whe is
involved in a case or litigation for the protection of histher rights in the
receiving country;

(¢) Compassionate visit. When an OFS is hospitalized and has been confined for
at least seven (7) consecutive days, he shall be entitled to a compassionate
visit by one (1) family member or a requested individual. The coverage
provider shall pay for the transportation cost of the family member or
requested individual to the major airport closest to the place of hospitalization
of the OFS. It is, however. the responsibility of the family member or
requested individual to meet all visa and travel document requirements:

(f) Medical evacuation. When an adequate medical faci not available
proximate to the OFS as determined by the coverage provider's physician
and/or a consulting physician, evacuation under appropriate medical
supervision by the mode of transport necessary shall be undertaken by the
coverage provider; and

(g) Medical repatriation. When medically necessary as determined by the
attending physician. repatriation under medical supervision to the OFS
residence shall be undertaken by the coverage provider at such time that the
OFS is medically cleared for travel by commercial carrier. If the period 10
receive medical clearance 10 travel exceeds fourteen (14) days from the date
of discharge from the hospital, an alternative appropriate mode of
transportation, such as air ambulance, may be arranged. Medical and nen
medical escorts may be provided when necessary.

The manning agency’s submission of Certificate of Cover (COC) as per
prescribed form to the POEA shall be sufficiem compliance with the requirements
under this section.

Chapter 9
Accommodation, Recreational Facilities, Food and Catering

Section 48. Application.
and crew recreational facilities covering
applicable to the following:

“The requirements of this Chapter for crew accommodation
ips under the Philippine Registry shall be

{a) All ocean-going ships constructed on or after the date when the Maritime
Labor Convention of 2006 come into force:

(b) All second hand ships. whether ocean-going., acquired or leased, and entered
in the Philippine Registry after the entry date into force of the said Convention
unless provided exemption by the relevant Philippine government agency:

(c) All ships constructed prior to the entry into force of the Maritime Labor
Convention of 2006, as the case may be, which undertake major or substantial
structural alterations after the entry into force of the Convention unless


provided exemption by the relevant Philippine government agency.

Section 49, Accommodation Facilities. — Every ship owner shall provide safe, decent
and adequate accommodations for seafarers on ships under Philippine Registry takin:
into account the need to protect the health and safety of seafarers working or living ca
board. For this purpose, MARINA shall ensure that the following requirements in
respect of crew accommodations are properly implemented

{a) Size of the rooms and other accommodation spaces;
{b) Heating and ventilation;

(©) Noise and vibration and other ambient factors;

(d) Sanitary facilities;

() Lighting: and

(Hospital accommodations.

led that, for coastal vessels, sleeping rooms shall be provided when the vessel is
engaged in service:

(a) Exceeding fourteen (14) hours in any 24-hour period for any single
voyage:

(b) Part of the voyage is undertaken between the hours of [0:00 p. m. and
6:00 a, m.j and

(c)_ Sleeping rooms are required for non-watchkeepers,
Section 50. General requirements for Accommodation Facilities. The MARINA

shail provide by regulation the description and technical requirements for crew
accommodations on ships under Philippines Registry taking into account

(a) The requirements of international conventions in reference to all ships:
(b) The size, type. tonnage, power. means of propulsion and trading patterns
of the particular ship in reference to coastal ships where exception may be
properly be provided.
Section 51. Requirements for Mess Rooms.- Mess rooms shall be provided to ali
crew, whether common or separate. The MARINA shal! provide by regulation the
description and technical requirements for mess rooms taking into account:
(a) _ The requirements of international conventions in reference ro alll ships:

(b) ‘The size, type. tonnage. power, means of propulsion and trading patterns of
the particular ship in reference to coastal ships,

23


Provided that, when determining the adequacy of space for mess rooms for
coastal ships. the size of the mess room shall be determined in relation to the size of
the ship sa that the mess room shall be able to accommodate the greatest number of
seafarers at any onc time.

Section 52. Requirements for Sanitation, The MARINA shall ensure that all
seafarers working on ships belonging to the Philippine registry shall have access to
sanitation facilities meeting the minimum standards for health and hygiene. The
sanitation facilities shall be located at convenient places. allowing for easy access 10
work stations. Separate facilities shall be provided for male and female crew

‘The MARINA shall provide by regulation the description and technical
requirements for sanitation facilities taking into account:

(a) ‘The requirements of intemational conventions in reference to all ships:

(b) ‘The size, (ype, tonnage, power, means of propulsion and trading patterns
of the particular ship in reference to coastal ships.

Provided that, when determining the adequacy and location of sanitation
facilities on coastal ships, the relevant agency shall take into account size of the ship.

Section 53. Hospital Accommodations, —For all ships belonging to the Philippine
registry carrying fifteen or more seafarers and engaged in a voyage of more than three
days’ duration, the MARINA shall ensure that adequate hospital accommodations arc
provided on board exclusively to address medical requirements of crew: provided
that, all coastal ships shall be exempt from this requirement.

Section $4. Office Accommodations. - The MARINA shall ensure that al ships
belonging to the Philippine registry are fitted with adequate office, whether separate
of common, for use by personnel of the deck and engine departments, except coastal
ships exempted from this requirement.

Section 55. Recreational Facilities. - The MARINA shall ensure that recreational
facilities, amenities, and services appropriate for seafarers shall be provided on board
all ships belonging to the Philippine registry. Coastal ships are exempted from this
fequirement considering the trading patterns and length of voyages of such ships
which allow the crew ta go home or to have access and make use of comparable
facitities on land

Section 56. Food and Catering. The MARINA shall provide by regulation the
minimum standards required to ensure that all ships belonging to the Philippine
registry 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 following:

a, The differing cultural and religious backgrounds of the cre'

b. ‘rhe number of seafarers on board;

24


©. The duration and nature of the voyag

In additign. the MARINA shall ensure that all ship owners meet the minimum
standards imposed by regulation covering the organization and equipment required tor
the catering department and that alt catering staff arc properly trained and instructed
in practical cookery, food and personal hygiene, food storage, stock control,
environmental protection, catering, health, and safety

The MARINA may provide for specific exemptions by regulation covering ships
operating below certain manning levels. taking into account the trading pattern of the
ship, provided that, any person assigned to process food in the galley on thuse ships
shall be tained or instructed in areas including food and personal hygiene and
handling and storage of food on board.

Chapter 10
Health Protection, Medical Care, Welfare and Soci

Security Protection

Section 57. Medica! Care on Bourd.- When a ship is not required to carry a medical
doctor on board, the MARINA shall ensure that;

{a) All ships belonging to the Philippine registry which cannot ordinarity
reach qualified medical care and medical facilitics within eight hours
should have at least one designated seafarer with the approved medical
first aid training required by international conventions or by government
regulations which will enable such persons to take immediate, effective
action in case of accidents or illnesses likely to occur on board and to
make use of medical advice by radio or satellite communication; and

(b) All other ships in the Registry shoutd have at least one designated seafarer
with approved training in medical care required by intemationat
conventions or by government regulations, including practical training and
training in life-saving techniques such as intravenous therapy, which
enable the persons concemed to participate effectively in coordinated
schemes for medical assistance to ships at sea, and provide the sick

injured with a satisfactory standard of medical care during the period thes

are likely to remain on board,

Section 58. Recurrency Training, — The medical training required in the preceding
section shall be undertaken by seafarers at regular intervals as may be provided by
regulation. ‘These refresher courses shall be taken by seafarers to enable them to
maintain and improve their knowledge and skills and to keep up-to-date si
developments.

Section 59, Medicine Chest, — The medicine chest and its contents, the medical
equipment, and the medical guide on board shall be maintained and inspected
regularly by the relevant agency ta ensure that labeling, expiry dates, and conditions
of storage of all medicines, and the directions for their use are checked, and all
equipment are functioning properly.


Section 60. Remote Access to Medical Advice— Thc MARINA shall ensure that all
ships belonging to the Philippine registry shall carry a complete and up-to-date list of
radio styions through which medical advice can be obtained. If satellite
communication is available on board, the ship should also carry an up-to-date and
complete list of coast earth stations through which medical advice can be obtained.

‘Seafarers must be allowed to visit a qualified medical doctor or dentist without delay
in ports of call, where practicable,

Section 61. Medical Care and Facitities.— The MARINA shall compile and maintain
a list of medical doctors and medical care facilities available nationwide tor
emergency medical treatment for seafarers,

Section 62. Medical Repatriation. — The MARINA shall provide guidelines covering
procedures for the medical repatriation of Filipino seafarers on bourd ocean-going
ships under Philippine registry who fall ill or are injured in a foreign port or tor
foreign seafarers who fall ill or are injured in any port in the Philippines.

Section 63. Repatriation of Remains The MARINA shall provide guidelines
covering procedures for the repatriation of the remains of Filipino seafarers on board
ocean-going ships under Philippine registry who die at sea and whose remains are not
otherwise disposed of in accordance with procedures for the burial at sea.

Scetion 64. Social Security Coverage for Seafarers and their Dependents. All
seatarers and their dependents shall be enrolled for coverage with the Social Security
System in accordance with the provisions of Republic Act No. 116], othenvise known
a5 the “Social Security Law,” as amended, and the Philippine Health Insurance
Corporation, in accordance with Republic Act No. 7875. otherwise known as the
“National Health Insurance Act of 1995.”

Scafarers shall also be provided access to the government's housing program throush
membership in the Home Development Mutual Fund (Pag-ibig Fund),

Section 65. Ship owner’s/Principal’s Liability to Seafarers. — The ship
owncr/principal shell be liable for the following in respect of OFS working on ocean-
going ships under Philippine or foreign registries:

(a) Medical cost in the event of sickness or injury of a seafarer arising from
employment between the date of engagement and the date of repatriation

(>) Compensation in the event of death or long-term disability due to an
occupational injury, illness or hazard as provided by regulation or in the
seafarers employment contract. or collective bargaining agreement, as the
case may be: Provided that the amount of compensation shall not be
measured or determined by the number of days a seafarer is under
‘ucatment or the number of days in which sickness allowance is paid under
the succeeding paragraph.

(c) Expenses for medical care, including medical treatment and the supply of
the necessary medicines and therapeutic appliances, and board and

26


lodging away from home until the sick or injured seafarer has recovered,
‘or until the sickness or incapacity has been declared of a permanent
character by the medical physician designated by the concerned ship
owner or manning agency. The seafarer shall receive sickness allowance
from his employer in an amount equivalent to his basic wage computed
from the time he signed-off until he is declared fit to work of the degree of
disability has been assessed by the company-designated physician. The
period within which the seafarer shall be entitled to his sickness allowance
shall not exceed 120 days.

(d) Burial expenses in case of death occurring on board or ashore during the
period of engagement in accordance with the seafarers standard
employrent contract or collective bargaining agreement.

{e) Repatriation of the sick. or injured, or deceased seafarer's belongings lett
on board and for rewuming it to the seatarer or to his next of kin. as the
case may be.

(Wages during the period af illness or incapacity while the seafarer
remains on board or until he is repatriated.

(g) On-board property of seafarers who are sick, injured or deceased.
fh) Compulsory examination within 72 hours upon disembarkation

Section 66. Exemption from Liability. ‘The ship owner/principal shal! not be liable
for:

a. Death, sickness or injury which is not work-related;

b. Death, sickness or injury of a seafarer due to his wilful or criminal act or
intentional breach of his duties as provided in this Act.

¢. Sickness ot infirmity imentionally concealed when the engagement is
entered into.

Section 67. Health and Safety on Board.- ‘Vhe MARINA, by regulation, shatt
provide for measures to address the following on board ships under the Philippine

(a) Occupational health and safety, including risk evaluation, taining and
instructions to seafarers;

(b) Precautions to prevent occupational accidents, injuries and diseases on
board, including measures to reduce and prevent the tisk of exposure to
harmful levels of ambient factors and chemicals as well as risk of injury or
disease that may arise from the use of equipment and machinery on boar;

(¢) On board programs for the prevention of occupational accidents, injuries,
and diseases and for continuous improvement in occupational safety and


health protection,

(d) , Processes for inspecting. reporting and correcting unsafe: conditions and
‘on board occupational accidents.

in providing for regulation. the MARINA shall take into account relevant
imernational instruments dealing with occupational safety and health protection,
particularly those pertaining to maritime employment, as well a national regulation
implementing the occupational health and safety standards provided in Book Four
“Health, Safety and Social Welfare Benefits”. Title 1, “Medical. Dentat and
Occupational Safety", Chapter I, “Occupational Health and Safety”. of Presidential
Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines

Section 68. Protection to Filipino Seafarers in « Foreign Port. The POEA and the
Manning agency shall provide for guidelines to scafurers which will aftord them
Protection while in a foreign port. including measures which will facilitate their
access t0 Philippine consular officers and allow for effective cooperation between the
Philippine consuls and local or national authorities of the foreign port where the
seafarcr is.

Shore-based welfare facilities, if they’ exist in the respective country, must be
accessible to all seafarcrs. irrespective of nationality, race color, sex, religion, political
opinion or social origin, of the flag State of their ship.

Development of welfare facilities must be promoted in appropriate ports determined
after consultation with ship owners” and seafarers’ organizations.

Establishment of welfare hoards must be encouraged to regularly review welfare
facilities and service for appropriateness in light of changes in the necds of seafarers
resulting from developments in the shipping industry.

Chapter 11
Legal Assistance

Section 69. Legat Assistant For Migrant Workers Affairs, The office of the Legal
Assistant for Migrant Workers Affairs created under Republic Act No. 8042.shall also
be primarily responsible for the provision and overall coordination of all iegal
assistance services to be provided to OF! ress.

Section 70. Legal Assistance Fund.- ‘The Legal Assistance Fund created under R.A
No, 8042, as amended, shall also be used to provide legal services to OFS in distress
including fees to foreign lawyers to be hired by the Legal Assistant for Migram
Workers Affairs to represent OFS facing charges abroad, bail bonds to secure the
temporary releases and other litigation expenses.

Chapter 12
Services

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Section 71. Travel Advisory/Information Dissemination. - Yo give utmost priority Wo
the establishment of programs and services lo prevent illegal recruitment, fraud, and
exploitation or abuse of OFS, all embassies and consular offices, through the POLA,
shall issue travel advi or disseminate information on labor and employment
conditions, migration realities and other facts; and adherence of particular countries to
international standards on human and workers’ rights which will adequately prepare
individuals into making informed and intelligent decisions about overseas
employment, Such advisory or information shall be published in a newspaper of
genera! circulation at least three (3) times in every quarter,

Section 72. Repatriation of OFS Emergency Repatriation Fund.— The repatriation
of the OFS and the transport of his personal belongings shall be the primary
responsibility of the manning agency which recruited or deployed the OFS overseas.
Alll costs attendant to repatriation’ shall be borne by or charged to the agency
concemed and/or its principal

Likewise, the repatriation of remains and transport of the personal belongings of a
deceased worker and all costs attendant thereto shall be borne by the principal andor
manning agency, However, in cases where the termination of employment is due
solely to the fault of the worker, the principal/employer or agency shall not in any
manner be responsible for the repatriation of the former and/or his belongings.

The OWWA, in coordination with appropriate internationat agencies, shall
undertake the repatriation of OFS in cases of war, epidemic, disasters or calamities,
natural or man- made, and other similar events without prejudice to reimbursement by
the responsible principal or manning agency. However, in cases where the principal or
manning agency cannot be identified, all costs attendunt to repatriation shall be home
by the OWWA.

For these purposes, the emergency repatriation fund established under R.A. No.
8042, as amended, shail be utilized by the OWWA.

Section 73, Migrant Workers Loan Guarantee Fund.~ In order to further prevent
unscrupulous illegal recruiters from taking advantage of workers seeking employment
abroad, 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, For this purpose, the Migrant Workers Loan Guarantee Fund created
under R.A. No, 8042, as amended, is hereby made available to OFS as a guarantee
fund in favor of participating government financi

Chapter 13
Role of Government Agencies

Section 74. Role of Government Agencies. The following government agencies
shall perform the following functions to promote the welfare and protect the rights of
Filipino seafarers;

(a). Department of Foreign Affairs. - ‘The Department, through its home
office or foreign posts, shall take priority action or make representations

29


with the foreign authority concemed to protect the rights of migrant
workers and other overseas Filipinos and extend immediate assistance

» including the repatriation of distressed or beleaguered migrant workers and
‘other overseas Filipinos;

(¢.1)_In addition tw the above, the DFA shall also provide an enclusive
lane for the processing and issuance of passports for Filipino seafarers
given the schedule followed by the ships which requires an efficient
and spcedy deployment of OFS as delay in their departure results 10
costly and complicated consequences.

(b). Department of Labor and Employment - The Department of Labor and
Fmployment shall see to it that labor and social welfare laws in the foreig
countries are fairly applied to migrant workers and whenever applicable. 19
other overseas Filipinos including the grant of legal assistance and the
referral to proper medical centers or hospitals:

(c). Philippine Overseas Employment Administration. - The Administration
shail regulate private sector participation in the recruitment and overseas
placement of land-based workers and OFS by setting up a licensing and
registration system distinct and independent for the land-based sector and
the sea-based sector. In coordination with the appropriate entities
concerned and when necessary, the POEA shall also formulate and
implement a system for promoting and monitoring the overseas
employment of Filipino land-based workers and OFS, taking into
consideration their welfare and the domestic manpower requirements. ft
shall be responsible for the regulation and management of overseas
employment from the pre-employment stage, securing the best possible
employment terms and conditions for both sectors of overseas Filipine
workers, while taking into consideration the needs of vulnerable sectors
and the peculiarities of sea-based and land-based workers. In appropriate
cases, the Administration shall allow the lifiing of suspension of erring
recruitmen’manning agencies upon the payment of fine of Fifty thousand
Pesos (P50,000,00) for every month of suspension.

In addition to its powers and functions, the Administration shall
inform land- based OFWs and OFS not only of their rights as workers but
also of their rights as human beings, instruct and guide the workers on how
fo assert their rights, and provide the available mechanisms to redress
violation(s) of their rights. In coordination with other law-enforcement
agencies, the POEA shall also be responsible for the implementationof an
intensified program against iflegal recruitment. For this purpose. the
POEA shall provide comprehensive Pre- Employment Orientation
Seminars (PEOS) that will discuss topies such as prevention of illegal
recruitment and gender-sensitivity.

The Administration shall not engage in the recruitment and
placement of overseas workers except on a government-to-government
arrangement only,

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(d).Overseas Workers Welfare Administration. - The Welfare officer or in
his absence, the coordinating officer, shall provide the Filipino migrant
«Worker and his family all the assistance they may need in the enforcement
‘of contractual obligations by agencies and/or by their principals. In the
performance of this fiction. he shall make representations and may call
on the agencies or entities concerned w conferences of conciliation
meetings for the purpose of settling the compliance or problems brought to
his attention. ‘The OWWA shall likewise formulate and implement welfare
programs for overseas Filipino workers and their families while they ace
abroad and upon their return. It shall ensure the awareness by the overseas
Filipino workers and their families of these programs and other related
governmental programs.

In the repatriation of workers to be undertaken by OWWA, the latter shat
be authorized to pay repatriation-related expenses, such as fines or
penalties, subject to such guidelines as the OWWA Board of Trustees mas
prescribe,

(€) Department of Health. - The Department of Health (DOH) shall regulate
the activities and operations of all clinics which conduct medical.
physical, optical, dental, psychological and other similar examinations,
hereinafter referred to as health examinations, on Filipino migrant workers
as requirement for their overseas employment. Pursuant to this, the DOU
shall cnsure that:

(c.) The fees for the heath examinations are regulated, regularls
monitored and duly published to ensure that the said fees are
reasonable and not exorbitant;

{c.2) The Filipino migrant worker shall only be required to undergo health
examinations when there is reasonable certainty that he or she will be
hired and deployed to the jobsite and only those health examinations
which are absolutely necessary for the type of job applied for or those
specifically required by the foreign employcr shall be conducted:

(€.3) No group or groups of medical clinics shall have a monopoly of
exclusively conducting heaith examinations on migrant workers for
certain receiving countries;

{c-4) Every Filipino migrant worker shall have the freedom to choose any
of the DOW-accredited or DOH-operated clinics that will conduct
his/her health cxaminations and that his or her rights as a patient are
respected. The decking practice, which requires an overseas Filipine
worker to go first to an office for registration and then farmed out to a
medicat clinic located elsewhere, shall not be allowed;

} Within a period of three (3) years from the effectivity of this Act. all
DOH regional and/or provincial hospitals shall cstabiish and operate
clinics that can be serve the health examination requirements of
Filipino migrant workers to provide them casy access to such clinics

31



all over the country and lessen their transportation and lodging
expenses and

(c.6) All DOH-accredited medical clinics, including the DOH-operated
clinics, conducting health examinations for Filipino migrant workers
shall observe the same standard operating procedures and shall comp}y
with internationally-accepted standards in their operations to conform
with the requirements of receiving countries or of foreign
employers’principals.

Any Foreign employer who does not honor the results of valid health
examinations conducted by a DOH-accredited ar DOU-operated clinic
shall be temporarily disqualified from the participating in the overseas
employment program, pursuant lo POEA rules and regulations.

In case an overseas Filipino worker is found to be not medically fit
upon his/her immediate arrival in the country of destination. the
medical clinic that conducted the health esamination’s of such
overseas Filipino worker shall pay for his or her repatriation back to
the Philippines and the cost of deployment of such worker.

Any government official or employee who violates any provision of
this subsection sha!l be removed or dismissed from service with
disqualification (o hold any appointive public office for five(S) years.
Such penalty is without prejudice to any other liability which he or she
may have incurred under existing laws, rules or regulations,

(1) Local Government Units. - In the fight against illegal recruitment. the
local government units (LGUs), in partnership with the POBA. other
concerned government agencies, and non-government organizations
advocating the rights and welfare of overseas Pilipino workers, shall take
a proactive stance by being primarily responsible for the dissemination of
information to their constituents on all aspects of overscas employment
To carry out this task. the following shall be undertaken by the LGUs:

(6.1) Provide a venue for the POEA, other concemed government
agencies and non- government organizations to conduct PEOS to their
constituents on a regular basis;

(4.2) Establish overseas 19 worker help desk or kiosk in their
localities with the objective of providing current information to their
constituents on all the processes aspects of overseas employment. Such
desk or kiosk shall, as be linked 10 the database of all concerned
government agencies, particularly the POEA for its updated lists of
overseas job orders and licensed recruitment agencies in good
standing.

Section 75, Section 32 of RA 8042, as amended by Section 20 of RA 10022 is hereby
further amended to read as follows:

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{C. 32. POEA, OWWA and other Bourds: Additional Memberships -
Notwithstanding any provision of law to the contrary. the respective
Boards of the POA and the OWWA shall, in addition to their present
composition, have four (4) members each who shall come tram the
women, sea-based OFW, land-based OFW, and sea-based private sectors
respectively. t0 be selected and nominated openly by the generat
membership of the sector being represented.

“The selection and nomination of the additional members from the
women. sea-based OF W. land-based OF W, and sea-based private sectors
shall be governed by the following guidelines:

(a). The POEA and the OWWA shall launch a massive information
campaign on the selection of nominees and provide for a system of
consultative sessions for the certified leaders or representatives uf
the concerned sectors, at least three (3) times, within ninety (90)
days before the boards shall be convened, for purposes of setection
The process shall be open, democratic and transparent;

(b). Only non-government organizations that protect and promote the
rights and welfare of overseas Filipino workers, duly registered with
the appropriate Philippine government agency and in good standing
as such, and in existence for at least three (3) years prior to the
nomination shall be qualified to nominate a representative for the
women, sea-based OF W, and land-based OFW sectors to the POE.
and OWWA boards;

(©). Oniy manning industry associations duly recognized and registered
with the appropriate Philippine government agency and in good
standing as such, and in existence for at least three (3) years prior to
the nomination shall be qualified to nominate a representative tor
the sea-based private sector to the POEA and OWWA bourds:

(d). The nominee for the women, sea-based OFW and land-based OF W
sectors must be at least twenty-five (25) years of age, able to read
and write, and a migrant worker at the time of his or her nomination
or was a migrant worker with at least three (3) years experience as
such

(e). The nominee for the sea-based private sector must be at least 30
years of age, able 10 read and write, and must have at least five (5}
years experience and involvement in the Philippine manning
industry.

(D. A final list of the nominees selected by the OWWA/POEA
governing boards, which shall consist of three(3) names for each
sector to be represented, shall be submitted co the President and
published in a newspaper of general circulation;

aR


“Within thirty (30) days from the submission of the list, the
President shall select and appoint from the list, the representatives to
the POEA/OWWA goveming boards.

"The additional members shall have a term of three (3) years and
shall be eligible for reappointment for another three (3) sears. In
case of vacancy. the President shall in accordance with the
provisions of this Act, appoint a replacement who shall serve the
unexpired termn of his or her predecessor.

“Any executive issuances or orders issued that contravene the
provisions of this section shalt have no force and effect.

“All other government agencies and government-owned or
controlled corporations which require at least one (1) representative
from the overseas workers sector to their respective boards shall
follow all the applicable provisions of this section.”

Section 76. Strengthening the Philippine Seafarer One Stop Processing Center
(PSOC}. The PSOC, as established under Administrative Order No. 56, which has
been tasked t operationalize and make available to the public, an integraicd
document processing center for the seafarers and the general public ¢o conduct official
transactions, shail be strengthened to include the POEA amongst the government
offices housed within the center in order to enhance its mandate and functions 10
provide beller services to the Filipino seafarers.

Final Provisions
Section 77. Repealing Clause. - The following laws are hereby modified or repealed

a. The following sections of Republic Act No. 8042, as amended by Republic
Act No. 10022, insofar as it applies to OFS:
i, Section 4. Deployment af Migrant Workers
ii, Section 6. Definition of Meyal Recruitment
iii, Section 7, Penatties
iv. Section 26.Uses of the Legal Assistance Fund
ection 32. POEA, OWWA and other Boards: Additional
‘Memberships
vi. Section 37-A, Compulsory Insurance Coverage for Agency-
Hired Workers

b. Such other laws, presidential decrees, executive orders, issuances, rules and
regulations or parts thereof, which are otherwise inconsistent with the
provisions of this Act,

Section 78. Separubility Clause. _f, for any reason, any section, subsection, clause

or term of this Act is held to be illegal, invalid, or unconstitutional, such parts not
affected by such declaration shall remain in full force and effect.

34


Section 79. Transitory Provision. — Every ship currently registered under the laws of
the Philippines and granted the privilege to fly its flag shall be deemed to be
registered, under this Act insofar as its registration is not inconsistent with the
provisions of this Act and such registration shall continue to be valid until ins
expiration, untess sooner revoked by the MARINA.

Section 80. Effectivity. — This Act shall take effect after fifteen (15) days following
its publication in a newspaper of general circulation.

35