0r i Benric
of tl)‘‘ S't i-:emp
NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
F/rst Regular Session 
)
SENATE
S. No. 1312
•22 SEP 14 P 3 *47
RECEIVED By
INTRODUCED BY SENATOR RONALD "BATO" DELA ROSA
AN ACT
INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS
EXPLANATORY NOTE
The Philippines has been consistent as a top supplier of the workforce belonging 
to the maritime industry.1 It is said that one-third of the world's seafarers are Filipinos,2 
thereby comprising the overwhelming majority of seafarers. In terms of remittances, 
Filipino seafarers have also contributed significantly. In 2021 alone, the sea-based 
remittances reached $6,545,002,000, out of the total OFW remittances of 
$31,417,614,000.3 In the time of the pandemic, our seafarers continued to soldier on, 
helping to keep the Philippine economy afloat despite the rough and turbulent times.
In light of their contributions, therefore, it is only necessary that our seafarers be 
protected and defended under a law that caters directly and specifically to their needs. 
The dangers and risks that they face in the delivery and performance of their duties
1 Atty. Dennis Gorecho, "Philippines still a top supplier of seafarers," 25 March 2022. Retrieved 
from: https://businessmirror.com.Dh/2022/03/25/DhiliDDines-still-a-toD-suDDlier-of-seafarers/. retrieved on 
14 September 2022.
2 N.A, "Filipinos are a major source of seafarers for the global maritime sector," 17 February 2022. 
Retrieved from: httDs://marine-charts.com/marine-naviQation/filiDinos-maior-source-seafarers-for-Qlobal- 
maritime-
sector/#:^:text=Filipinos%3A%20ma1or%20source%20of%20Seafarers%20for%20the%20alobal.countr
ies%20such%20as%20India%2C%20China%2C%20and%20the%20PhiliDDines..
September 2022.
3 Atty. Gorecho, "Philippines supplier seafarers."
1
retrieved on: 14


require not just recognition, but more importantly, legislative action. Hence, this bill - 
establishing the Magna Carta of Filipino seafarers.
Under this proposed measure, the Philippines, in recognizing its status as the 30th 
Member State to ratify the International Maritime Labour Convention of 2006 (MLC, 
2006), shall also endeavor to provide standardized and therefore humane employment 
to our Filipino seafarers. This bill also lays down measures that shall specifically address 
issues such as training for our seafarers, their employment overseas, as well as their 
eventual retirement. The vision that this proposed bill aims to achieve is that the 
Philippines shall not just be the top provider of workforce in the marine industry, but also 
the provider of the best forms of protection and benefits to our Filipino seafarers.
For these reasons, I earnestly seek the swift passage of this bill.
RONALD
DELA ROSA


of ti)f t'tarj’
NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE 
s. No. 1 312
•22 SEP 14 P3 47
lUxLlVL ) br
INTRODUCED BY SENATOR RONALD "BATO" DELA ROSA
AN ACT
INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
1 
CHAPTER 1
2 
DECLARATION OF POLICY
3
4 
Section 1. Short Title. - This law shall be known as the "Magna Carta of Filipino
5 
Seafarers."
6
7 
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State:
8 
a) To recognize the rights, contributions, and unique role of seafarers as
9 
essential maritime professionals, acknowledge their vulnerabilities, and afford
10 
them full protection before, during, and after their employment;
11 
b) To recognize that seafarers are a special category of key workers
12 
providing essential services, and given the global nature of the shipping
13 
industry and the different jurisdictions that seafarers may be brought Into
14 
contact with, they are in need of special protection;
15 
c) To encourage the participation of women In the seafaring profession and
16 
contribute meaningfully to the achievement of national development goals as
17 
productive members of the community;


1 
d) 
To maintain and progressively develop a pool of competent and world-
2 
class seafarers through a system of education, training, certification, and
3 
licensing;
4 
e) 
To establish and enhance mechanisms of administrative, adjudicative,
5 
social, and welfare services for seafarers and their families;
6 
f) To enact laws that adopt, and implement the standards set by the
7 
international conventions and agreements regarding the working and living
8 
conditions and occupational safety and health, among others, of seafarers,
9 
particularly the Maritime Labor Convention, 2006 (MLC 2006); and
10 
g) 
To recognize shipowners, maritime higher education institutions, and
11 
licensed manning agencies as vital partners in promoting the rights, welfare,
12 
skills and competencies of seafarers.
13 
Toward these ends, the State shall endeavor to improve the seafarers' working
14 
conditions, terms and conditions of employment, and career prospects, and provide
15 
them opportunities to harness their potentials to the fullest. The State shall also uplift
16 
the socio-economic well-being of the seafarers' families.
17
18 
CHAPTER II
19 
GENERAL PROVISIONS
20 
Sec. 3 Coverage. - This Act shall cover:
21 
a) All Filipino seafarers who are to be engaged, engaged, employed, or
22 
working in any capacity, on board Philippine or foreign-registered ships, except
23 
those to be engaged, engaged, employed, or working in the following
24 
categories of ships:
25 
1) 
Warships, naval auxiliaries, and Coast Guard vessels;
26 
2) 
Government ships not engaged in commercial operations;
27 
3) 
Ships of traditional built, as may be defined under existing rules
28 
and regulations; and
29 
4) Fishing vessels, as may be defined by appropriate rules and
30 
regulations to be issued by the Department of Labor and Employment
31 
(DOLE), in consultation with the Bureau of Fisheries and Aquatic
32 
Resources and other relevant stakeholders.


1 
For the purpose of this Act, a seafarer is deemed "to be engaged" as such if
2 
the seafarer has been contracted for overseas employment but has yet to leave the
3 
Philippines.
4 
(b) All Filipino seafarers on board Philippine registered domestic ships
5 
engaged in trade and commerce between Philippine ports and within Philippine
6 
territorial or internal waters shall be covered primarily by equivalent provisions
7 
of the Labor Code of the Philippines, as amended and related social and welfare
8 
benefits laws. For this purpose, the DOLE shall issue the appropriate rules and
9 
regulations to govern the employment of domestic seafarers.
10
11 
Sec. 4. Definition of Terms. - As used in this Act, the following terms shall have
12 
the following meaning:
13 
a) 
Abandonment - refers to a situation where, in violation of the terms of
14 
the employment contract, the shipowner:
15 
i) 
Falls to cover the cost of the seafarer's repatriation;
16 
ii) 
Has left the seafarer without the necessary maintenance and
17 
support; or
18 
iii) 
Has otherwise unilaterally severed their ties with the seafarer,
19 
including failure to pay contractual wages for a period of at least two (2)
20 
months;
21 
b) Cadet - refers to a student of a maritime educational institution who is
22 
required to undergo training on board registered international or domestic ships
23 
to fulfil a maritime degree or technical course;
24 
c) Domestic shipping- refers to the transport of passenger or cargo, or
25 
both, by ships duly registered and licensed under Philippine law to engage in
26 
trade and commerce between Philippine ports and within Philippine territorial
27 
or Internal waters, for hire or compensation, with general or limited clientele,
28 
whether permanent, occasional or incidental, with or without fixed routes, and
29 
done for contractual or commercial purposes;
30 
d) 
International Maritime Convention or International Convention - refers
31 
to any written treaty or agreement, or any protocol or amendment thereto.


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affecting the maritime industry, which has come into force and effect, including 
the MLC 2006;
e) 
International Convention on Standards of Training, certification, and 
Watch keeping for Seafarers (STCW)- refers to the international convention that 
establishes the minimum standards relating to training, certification, and 
watchkeeping for seafarers, which the Philippines acceded to on May 22,1984;
f) 
Manning Agency- refers to a natural or juridical person duly licensed by 
the Secretary of the Department to engage in the recruitment and placement 
of seafarers;
g) 
Maritime Accident - refers to any unforeseen occurrence or physical 
event connected to the navigation, operations, maneuvering, or handling of 
ships, or the machinery, equipment, material, or cargo on board such ships 
which may result In the detention of seafarers;
h) 
Maritime Industry Stakeholders - refer to all private sector stakeholders 
engaged in the business of owning, managing, chartering or operating 
domestic and international shIp/s of Philippine or foreign registry, manning of 
ships, management of ports, stevedoring and arrastre services, ship brokering 
and chartering, shipbuilding and ship repair, providing maritime services, such 
as ship supplies and provisions, maritime education and training, shipping 
agency, and other similar activities.
This term shall also include bona fide maritime labor organizations, professional 
associations of seafarers, associations promoting seafarers' welfare, and 
women's maritime organizations;
i) 
Maritime Labor Certificate - refers to the document that certifies that the 
working and living conditions of the seafarers on the ship have been inspected 
and are compliant with the requirements of the MLC, 2006 and of applicable 
Philippine laws and regulations;
j) 
Maritime Labour Convention/ 2006 (MLO 2006) - refers to the 
consolidated Maritime Labour Convention approved by the International Labour 
Organization (ILO) in 2006 and ratified by the Philippines on August 20, 2012;
k) 
Master refers to a person having command of a ship and acts the 
shipowners' representative;


1
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31
l) 
Ocean-Going Ship - refers to a ship other than those which navigate 
exclusively in inland water or in water within or closely adjacent to sheltered 
water, or areas where port regulations apply;
m) 
Officer- refers to a member of the crew other than the master who has 
been designated as such by national law or regulation, or, in the absence of 
such designation, by collective agreement or custom;
n) 
One-Stop-Shop Center for OFWs (OSSCO)- refers to the one-stop 
centers in various parts of the country established to ensure prompt, efficient, 
vital and relevant services to Overseas Filipino Workers (OFWs) and other 
overseas Filipinos and their families, including seafarers. The OSSCOs shall be 
the venue for the acquisition of relevant clearances and permits, validation of 
overseas job offers, availment of relntegratio:1 services and all pertinent 
seminars and workshops for all stakeholders, among others. In all cases and 
as far as practicable, the OSSCOs shall be co-located with DMW regional offices. 
Agencies at these centers shall, as far as practicable, include the Department 
of Labor and Employment (DOLE), Department of Migrant Workers (DMW), 
Department of Foreign Affairs (DFA), Overseas Workers Welfare Administration 
(OWWA), Technical Education and Skills Development Authority (TESDA), 
Professional Regulation Commission (PRC), Maritime Industry Authority 
(MARINA), Department of Health (DOH), Philippine Coast Guard (PCG), Home 
Development Mutual Fund (HDMF), Philippine Health Insurance Corporation 
(PhilHealth), Social Security System (SSS), Philippine Statistics Authority (PSA), 
Bureau of Immigration (BI), National Bureau of Investigation (NBI), 
Commission on Higher Education (CHED), Philippine National Police (PNP), 
Bureau of Internal Revenue (BIR), and such other government agencies as may 
be appropriate;
o) 
Point of Hire refers to the place indicated in the contract of employment, 
and which shall be the basis in determining the commencement of the contract;
p) 
Recognized Organizations- refer to organizations recognized by the 
DOLE to carry out inspections or issue the Maritime Labor Certificate in 
accordance with the scope of activities covered by their authorizations;


1 
q) 
Repatriation - refers to the process of returning a seafarer to the point
2 
of destination, which shall be the point of hire or the seafarer's place of
3 
domicile, at the option of the seafarer, or in case of incapacity or death, at the
4 
option of his/her next-of-kin;
5 
r) 
Standard Employment Contract (SEC) or Employment Contract- refers
6 
to a government-prescribed contract containing the minimum terms and
7 
conditions of employment;
8 
s) 
Seafarer- refers to any Filipino who is to be employed, is employed, or
9 
is engaged to work in any capacity on board a ship covered under this Act;
10 
t) Ship or Vessel - refers to any kind, class or type of craft or artificial
11 
contrivance capable of floating in water, whether publicly or privately owned,
12 
ordinarily engaged In commercial activities;
13 
u) Shipowner or Principal - refers to the owner of the ship employing
14 
Filipino seafarers to work on board domestic ships and ships engaged in
15 
international trade, or any other organization or person, such as the manager,
16 
agent or bareboat charterer, who has assumed the responsibility for operation
17 
and management of the ship from the shipowner, and who, in assuming such
18 
responsibilities, has agreed to take over all the attendant duties and
19 
responsibilities of a shipowner under this Act, regardless of whether any other
20 
organization or persons fulfill certain duties or responsibilities on behalf of the
21 
shipowner.
22
23 
CHAPTER III
24 
SEAFARER'S RIGHTS
25 
Sec. 5. Right to Just Terms and Conditions of Work. - Seafarers shall have the
26 
right to:
27 
a) 
A safe and secure workplace that complies with safety standards;
28 
b) 
Decent working and living conditions on board a ship;
29 
c) 
Medical care and confirmatory tests, welfare measures and other forms
30 
of health and social protection;
31 
d) 
Fair terms and conditions of employment, including salary
32 
commensurate to their rank, hours of work, paid sick leave or sickness benefits.


1 
the maximum number of workers hours, and minimum hours of rest periods,
2 
consistent with Philippine laws or international maritime conventions; and
3 
e) Compensation and benefits in the event of death or long-term disability for
4 
occupational injuries, illnesses and hazards.
5 
Sec. 6. Right to Self-Organization, to Engage in Collective Bargaining and to
6 
Participate in Democratic Exercises. - Seafarers shall enjoy their right to self-
7 
organization, to collective bargain, to form or join international organization of
8 
seafarers or network with seafarers of different nationalities, and to participate in
9 
the deliberation of issues and in the formulation of policies that affect them,
10 
including the guarantee of representation in governing boards or appointment in
11 
government instrumentalities.
12 
Sec. 7. Right to Educational Advancement and Training at Reasonable and
13 
Affordable Costs. - Seafarers shall have access to educational advancement and
14 
training at reasonable and affordable costs.
15 
Towards this end, relevant government agencies shall:
16 
a) 
Regulate the operation of all educational and training institutions
17 
offering courses related to seafaring;
18 
b) 
Pursue grant programs, such scholarships, subsidies, loan assistance
19 
and other measures that will harness the skills of seafarers toward greater
20 
competitiveness given the new and evolving demands in the industry;
21 
c) 
Promote quality maritime education and training that respond to the
22 
needs of the industry and in accordance with minimum international maritime
23 
standards of competency; and
24 
d) 
Afford enhanced access to educational advancement and training of
25 
women in the seafaring industry.
26 
CHED and MARINA shall work together to mainstream gender and development
27 
in the curricula of maritime institutions and training centers.
28 
Sec. 8. Right to Information. - Shipowners, manning agencies, and other
29 
organizations responsible for the recruitment and placement of seafarers shall
30 
provide seafarers relevant information, including the terms and conditions of
31 
employment, company policies affecting seafarers, conditions and realities attending
32 
to their profession, and necessary laws and regulations of countries covered by their


1 
sojourn. In addition, the seafarers shall, at all times, be furnished a copy of the duly
2 
executed Standard Employment Contract, as well as the results of the medical
3 
examination conducted on him/her. The right shall also include the right of seafarers'
4 
organizations to relevant information affecting the terms and condition of
5 
employment of their members.
6 
All ships covered by this Act shall have a copy of the MLC, 2006, the grievance
7 
procedures observed on-board, duly executed Standard Employment Contract of
8 
seafarers, and when there is a collective bargaining agreement (CBA), a copy of
9 
such agreement, which shall be readily available to the seafarers.
10 
Sec. 9. Right to Information of a Seafarer's Famiiy or Next-of-Kin. - In critical
11 
incidents, such as accidents or deaths on board or offshore, piracy, abandonment of
12 
vessel, and other similar cases, the seafarer's family or next-of-kin shall be
13 
immediately informed of the incident, including Investigation reports, action/s taken,
14 
and plans by the shipowner and the manning agency concerned.
15 
Sec. 10. Right to Safe Passage and Safe Travei. - Seafarers shall be accorded
16 
the rights to safe passage and safe travel, including the right to embark and disembark
17 
in third countries when in transit, and the right to be repatriated and return home.
18 
Sec. 11. Right to Consuitation. - Seafarers and maritime stakeholders shall be
19 
adequately consulted before adopting any maritime policy, executive Issuance, rules
20 
or regulations, or in the enactment of any maritime law that may directly affect the
21 
seafarers and/or their families and beneficiaries.
22 
Sec. 12. Right Against Discrimination. - Seafarers shall have the right to be
23 
protected from discrimination on the basis of race, sex, religion, or political opinion,
24 
as well as on the basis of disablement, taking into consideration the inherent
25 
requirements of the particular job or undertaking. Career opportunities shall be
26 
promoted, and appropriate working and living conditions shall be guaranteed equally
27 
among male and female seafarers.
28 
Sec. 13. Right to be Protected Against AH Forms of Harassment and Buiiying. -
29 
Seafarers shall be protected against all forms of harassment and bullying while on
30 
board their ships. The shipowner shall put policies in place for the protection of all
31 
new members. Maritime stakeholders and seafarers shall ensure that harassment and
32 
bullying do not take place.
8


1 
Shipowners and manning agencies shall also establish helplines and grievance
2 
mechanisms for all victims of harassment and bullying.
3 
Sec. 14. Right to Free Legal Representation. - Seafarers who are victims of
4 
violations of the provisions of this Act or whose contracts have been breached, who
5 
cannot afford the services of a competent and independent counsel, shall have the
6 
right to free legal assistance and protection at government's expense, and to the fair
7 
and speedy disposition of the case, including the expeditious settlement of any money
8 
claims, subject to existing rules and regulations.
9 
Sec. 15. Right to Access to Communication. - Seafarers, especially during their
10 
free time or when they are not on duty, shall have reasonable access to ship-to-shore
11 
telephone communications, and email and Internet facilities, where available.
12 
Sec. 16. Right to Record of Employment or Certificate of Employment - At the
13 
expiration of the employment contract of the seafarer, the seafarer shall be given a
14 
record of his/her employment on board the ship or a certificate of employment
15 
specifying the length of service, the position the seafarer occupied, an account of
16 
his/her final wages, and such other relevant information.
17 
Sec. 17. Right to Fair Treatment in the Event of a Maritime Accident -In the
18 
event of a maritime accident, seafarers shall be treated fairly. They shall be entitled
19 
to all the rights under the ILO/International Maritime Organization (IMO) 2006
20 
Guidelines on Fair Treatment of Seafarers in the Event of a Maritime Accident and its
21 
amendments.
22 
CHAPTER IV
23 
WOMEN IN THE MARITIME INDUSTRY
24 
Sec. 18. Discrimination Against Women Seafarers. - In addition to the right
25 
against discrimination on the basis of sex, women seafarers shall be protected from
26 
the following discriminatory acts:
27 
a) 
Payment of a lesser compensation. Including wage, salary or other form
28 
of remuneration and fringe benefits, to a male seafarer as against female
29 
seafarer, for work of equal value; and
30 
b) 
Favoring a male seafarer over a female seafarer with respect to
31 
promotion, training opportunities, study and scholarship grants, solely on
32 
account of their sexes.


1 
Sec. 19. Gender and Development - Shipowners and manning agencies shall
2 
formulate gender and development policies. In addition, all maritime training
3 
institutions shall ensure that appropriate gender-sensitive policies are in place to
4 
promote the rights of women to adequate training and opportunities, free from
5 
discrimination, harassment and bullying.
6 
CHAPTER V
7 
SEAFARER'S DUTIES
8 
Sec. 20. Duties of a Seafarer. - Seafarers shall have the following duties:
9 
a) 
To comply with and observe the terms and conditions of the Standard
10 
Employment Contract;
11 
b) 
To abide by lawful and reasonable company personnel policies;
12 
c) 
To follow and observe the chain and command of the vessel, and to
13 
comply with the reievant and reasonable policies and procedures on board the
14 
ship or while ashore, taking into consideration his/her religious freedom;
15 
d) 
To be diligent in the performance of duties relating to the ship, its stores,
16 
equipment and cargo, whether on board, in transit or ashore;
17 
e) 
To be, at all times, orderly and respectful to the shipmates, passengers,
18 
shippers, stevedores, port authorities, and other persons who have official
19 
business with the ship; and
20 
f) 
To take personal responsibility for his/her health while on board by
21 
maintaining a healthy lifestyle and complying with medically prescribed
22 
instructions.
23 
CHAPTER VI
24 
MINIMUM REQUIREMENTS FOR SEAFARERS
25 
Sec. 21. Minimum Age. - No person below eighteen (18) years old, other than
26 
a cadet, shall be employed, engaged, or otherwise allowed to work on board
27 
Philippine-registered ships operating domestically or internationally, as well as on
28 
board foreign-registered ships.
29 
Sec. 22. Medical Certificates. - No seafarer shall be employed, engaged, or
30 
otherwise allowed to work on board a domestic or ocean-going ship unless a medical
31 
certificate has been issued declaring the seafarer to be fit to work.
10


1 
For this purpose, the seafarer shall hold a valid medical certificate issued by a
2 
medical facility duly accredited by the Department of Health (DOH), in accordance
3 
with its rules and regulations.
4 
The medical certificate shall certify that the person is expected to meet the
5 
minimum requirements to perform the duty specific to the person's post safely and
6 
effectively during the validity of the certificate.
7 
During the conduct of a medical examination, the seafarer shall have the
8 
responsibility of answering truthfully all questions relating to his/her medical condition
9 
and/or medical history, including previously known illness, injury, or medical
10 
treatment, and to make a complete inventory of medication prescribed to him/her by
11 
physicians; Provided, That the processing of the medical information of the seafarer
12 
shall at all times comply with the provisions of Republic Act No. 10173 or the "Data
13 
Privacy Act of 2012."
14 
For purposes of this section, a medical certificate issued in accordance with the
15 
requirements of STCW shall be accepted.
16 
Sec. 23. Training and Quaiifications. - Only seafarers certified by appropriate
17 
government agencies in compliance with the STCW and other applicable international
18 
standards, shall work, be employed or be engaged on board a ship.
19 
Sec. 24. Recruitment and Piacement - Only duly licensed manning agencies
20 
shall be allowed to operate and engage in the recruitment and placement of seafarers,
21 
in accordance with rules and regulations as may be issued by the Secretary of Labor
22 
and Employment, or the Secretary-in-charge of migration-related matters. Including
23 
the deployment of seafarers.
24 
In all cases, no amount or fee, including placement fees, shall be charged to
25 
the seafarer in relation to his/her recruitment and placement.
26 
CHAPTER VII
27 
TERMS AND CONDITIONS OF EMPLOYMENT
28 
Sec. 25. Standard Empioyment Contract for Seafarers. - There shall be a
29 
Standard Employment Contract in writing between the shipowner and the seafarer,
30 
which shall include, but not be limited to, the following Information and terms:
31 
a) Seafarer's full name, date of birth, age, birthplace, permanent and/or
32 
residential address;
11


1 
b) Seafarer's Record Book Number, Seafarer's Identity Document Number,
2 
and Seafarer's Registration Number;
3 
c) 
Shipowner's name and address;
4 
d) 
Place where and date when the seafarer's employment agreement is
5 
entered into;
6 
e) 
Duration of the contract;
7 
f) 
Point of hire;
8 
g) 
Capacity In which the seafarer is to be employed;
9 
h) 
Amount of the seafarer's salary, and the formula used for calculating the
10 
same;
11 
i) Maximum hours of work and minimum hours of rest;
12 
j) Wages and wage-related benefits, which include, but not limited to, overtime
13 
pay, holiday pay, vacation leave pay, premium pay, paid leaves, and 13th
14 
month pay, if applicable;
15 
k) Compensation and benefits for occupational injury. Illness, or death;
16 
I) Social security and welfare benefits, including the compulsory insurance
17 
coverage as provided under Republic Act No. 8042, as amended by Republic
18 
Act No. 10022, otherwise known as The Migrant Workers Act;
19 
m) Stipulations on repatriation or similar undertakings;
20 
n) 
Separation pay and retirement pay, if applicable;
21 
o) 
Reference to the CBA, if applicable; and
22 
p) 
Other benefits In accordance with law, company policy or CBA.
23 
The employment contract shall be in a working language or in the English
24 
language, executed in four (4) original copies before the commencement of the
25 
employment. The shipowner and the seafarer shall each have a signed original of the
26 
agreement. In addition, a signed original shall be made available on board the ship.
27 
For ocean-going Philippine-registered ships or foreign-registered ships, the
28 
DMW P9EA shall issue a Standard Employment Contract containing the minimum
29 
standards to be observed in the employment of seafarers. The Standard Employment
30 
Contract shall be reviewed and updated regularly and must, at all times, be consistent
31 
with the MLC, 2006, and other existing treaties and conventions governing seafarers,
32 
which the Philippines has ratified or will ratify in the future.
12


1 
Sec. 26. Maximum Hours of Work and Minimum Hours of Rest - The normal
2 
hours of work of a seafarer shall not exceed eight (8) hours a day with one (1) rest
3 
day per week. If the seafarer is required to work beyond eight (8) hours, the maximum
4 
hours of work shall not exceed fourteen (14) hours in any twenty-four (24)-hour
5 
period, and seventy-two (72) hours in any seven (7)-day period.
6 
The minimum hours of rest for every seafarer shall not be less than ten (10)
7 
hours in a twenty-four (24)-hour period. The hours of rest may be divided into two
8 
(2) periods, one of which shall be at least six (6) hours in length, and the Interval
9 
between the two periods of rest shall not exceed fourteen (14) hours.
10 
In exceptional cases, seafarers in watchkeeping duties may be required to work
11 
beyond fourteen (14) hours: Provided, that the rest period is not less than seventy
12 
(70) hours in any seven (7)-day period; Provided, further, that such watchkeeping
13 
duties shall not be allowed for more than (2) consecutive weeks; Provided, finally,
14 
that the intervals between the two (2) periods shall not be less than twice the duration
15 
of the exception.
16 
Seafarers shall be granted reasonable periods of shore leaves while the vessel
17 
is docked for the benefit of their health and well-being, subject to proportionate and
18 
specifically adopted rules, regulations, and measures of the Port State.
19 
Sec. 27. PaidAnnuai Leave. - Unless a higher annual leave is already provided
20 
in the employment contract, or under a CBA, or by the shipowner as company practice
21 
or policy, the seafarers shall be paid an annual leave, to be calculated on the basis of
22 
a minimum of 4.5 calendar days per month of employment, without prejudice to any
23 
future increases as may be prescribed by laws, rules, or regulations: Provided, that
24 
the following shall not be counted as part of the annual paid leave:
25 
a) 
Public and customary holidays of the Philippines, whether or not they
26 
fall during the paid annual leave;
27 
b) Periods of incapacity for work i) resulting from illness or injury; ii) due
28 
to maternity or paternity leave In accordance with law;
29 
c) 
Temporary shore leave granted to a seafarer while employed; or
30 
d) 
Compensatory leave of any kind.
31 
Sec. 28. Wages. - Without prejudice to higher rates provided under the
32 
Standard Employment Contract, or under a CBA, or by the shipowner as company
13


1 
practice or policy, the minimum wage applicable to seafarers on board ocean-going
2 
ships of Philippine or foreign registry shall be as provided in the Standard Employment
3 
Contract, which in no case be lower than the prevailing industry standard on ocean-
4 
going seafaring wage rates for officers and other members of the ship's crew, and
5 
regularly paid in full at least once a month.
6 
Sec. 29. Remittance of Wages. -Shipowners shall provide the appropriate
7 
facilities and assistance to the seafarer to enable the seafarer to remit his/her wages
8 
to his/her designated allotee/s in the Philippines through any authorized Philippine
9 
bank or financial intermediary; Provided, that such allotment shall not be less than
10 
eighty percent (80%) of the seafarer's monthly basic salary.
11 
Sec. 30. Limitations on Wage Deductions. -A deduction from the seafarer's
12 
wages shall not be made without his/her written consent unless the deduction is
13 
provided for in the contract of employment and/or is authorized by law.
14 
Sec. 31. Personai Effects. - A seafarer may bring a reasonable number of
15 
articles for personal use on board the ship; Provided, that this shall not inconvenience
16 
the ship or cargo or pose any risk on board the ship. If the seafarers personal effects
17 
are lost or damaged as a result of shipwreck, loss or stranding, abandonment of the
18 
vessel, or as a result of fire, flooding, collision, or piracy, the shipowner shall reimburse
19 
him/her for said loss or damage, subject to limits prescribed by existing rules and
20 
regulations, unless a higher limit is provided under the existing CBA but in no case
21 
lower than international standards.
22 
Sec. 32. Sociai Weifare Benefits. -Without prejudice to established policy, CBA
23 
or other applicable social agreement, all seafarers shall be members of, and receive
24 
the benefits conferred by the Overseas Workers Welfare Administration (OWWA),
25 
Social Security System (SSS), Employees' Compensation and State Insurance Fund,
26 
PhilHealth, HDMF or Pag-IBIG Fund, and other applicable social protection laws, rules
27 
and regulations, as may now or hereafter be created in favor of Filipino workers and/or
28 
OFWs.
29 
Sec. 33. Sick Leave and Sickness Benefits During Pubiic Heaith Emergencies. -
30 
A seafarer who has contracted an Illness or disease during public health emergencies,
31 
such as epidemics or pandemics, while in transit, or is under quarantine, shall be
32 
entitled to paid sick leave and sickness benefits until the seafarer joins the vessel.
14


1 
Sec. 34. Anti-Harassment and Bullying Policies On Board Ships, - Shipowners
2 
shall ensure protection to seafarers with policies and accessible procedures to address
3 
harassment and bullying on board ships.
4 
CHAPTER VIII
5 
ACCOMMODATION, RECREATIONAL FACILITIES, FOOD AND
6 
CATERING IN SHIPS
7 
Sec. 35. Application. - The requirements of this Chapter covering ships of
8 
Philippine registry shall be applicable to the following:
9 
a) 
All ocean-going ships and domestic ships constructed on or after the
10 
date when the MLC, 2006 comes into force;
11 
b) 
All second-hand ships, whether ocean-going or domestic, acquired or
12 
leased, and entered in the Philippine registry after the entl y date into force of
13 
the said Convention, insofar as they can be reasonably refitted, unless provided
14 
exemption by the relevant Philippine government agency; and
15 
c) 
All ships constructed prior to the entry into force of the MLC, 2006 which
16 
have undergone major or substantial structural alterations after the entry into
17 
force of the Convention, unless provided exemption by the relevant Philippine
18 
government agency.
19 
Sec. 36. Accommodation Facilities, - Unless otherwise exempted herein or by
20 
appropriate regulations, all ships shall have safe, decent and adequate
21 
accommodations for seafarers taking into account the need to protect the health and
22 
safety of seafarers working or living on board the ship. There shall be a basic
23 
shipboard facility for women, such as separate sleeping rooms.
24 
Sec. 37. Requirements for Sanitation. - All ships shall have sanitation facilities
25 
that meet the minimum standards for health and hygiene, which shall be accessible
26 
to seafarers on board. The sanitation facilities shall be located at convenient places,
27 
allowing for easy access to work stations. Separate sanitation facilities shall also be
28 
provided for male and female crew members of the ship.
29 
Sec. 38. Recreation Facilities. - Unless otherwise exempted herein or by
30 
appropriate regulations, all ships shall have recreation facilities, amenities, and
31 
services that are appropriate and accessible to seafarers; Provided, that domestic
32 
ships shall be exempted from this requirement considering that their trading patterns
15


1 
and length of voyages allow their crew to go home or to make use of comparable
2 
facilities onshore.
3 
Sec. 39. Food and Catering. - All ships shall ensure protection and promotion
4 
of health of the seafarer. Toward this end, shipowners shall ensure that ships carry
5 
on-board and serve free food and drinking water of appropriate quality, quantity and
6 
nutritional value that adequately cover the requirements of the ship and take into
7 
consideration the differing cultural and religious backgrounds of the seafarers on
8 
board the ship. The foods and drinks and the preparation thereof shall be in
9 
accordance with the standards of the Sanitation Code of the Philippines and pertinent
10 
laws, rules and regulations, and/or with international standards. In all cases, the ship's
11 
cooks shall be trained and qualified.
12 
CHAPTER IX
13 
MEDICAL CARE AND MARITIME OCCUPATIONAL SAFETY AND
14 
HEALTH STANDARDS
15 
Sec. 40. Medical Care on Board Ships and Ashore. - The shi powner sha 11 provide
16 
adequate medical facility, equipment, paraphernalia and medical supplies, including
17 
medicines on board, and shall ensure access to shore facilities for the health of
18 
seafarers, as well as the corresponding medical or trained personnel who shall provide
19 
first aid and medical care.
20 
The medicine chest and its contents, the medical equipment, and the medical
21 
guide on board shall be maintained and inspected regularly to ensure that labelling,
22 
expiry dates, and conditions of storage of all medicines and the directions for their
23 
use are checked, and all equipment are functioning properly.
24 
The shipowner shall ensure that seafarers have access to medical treatment
25 
for any Illness or injury, hospitalization and dental treatment until the sick or Injured
26 
seafarer has recovered or until the sickness or incapacity has been declared of a
27 
permanent character.
28 
A seafarer shall have the right to consult a qualified physician or dentist without
29 
delay in ports of call, where practicable.
30 
The health protection and medical care under this Section shall be provided at
31 
no cost to the seafarer, in accordance with rules and regulations issued for this
32 
purpose.
16


1 
Sec. 41. Protection of Seafarers from Epidemics, Pandemics, or Other Pubiic
2 
Heaith Emergencies. -Seafarers on ships should be covered by adequate measures for
3 
protection from health-related outbreaks, such as epidemics and pandemics, including
4 
the provision of personal protective supplies and equipment, as appropriate.
5 
Seafarers shall have access to prompt and adequate medical care while on
6 
board, including medical advice and confidential helplines on physical and mental
7 
health, which shall be free of charge.
8 
Shipowners shall institute preventive measures in accordance with the health
9 
regulations of the Flag State and the appropriate guidelines issued by the World
10 
Health Organization (WHO), including the necessary disinfection, decontamination,
11 
de- ratting, or other measures necessary to prevent the spread of infection or
12 
contamination. Affected seafarers shall also be properly isolated and treated pursuant
13 
to established guidelines of the Flag State, the WHO, and applicable rules and
14 
regulations.
15 
In ports of call, seafarers in need of medical care shall have access to medical
16 
facilities onshore.
17 
The transit of seafarers who are medically fit to work shall be facilitated and
18 
exempted from travel-related, health-related, or movement restrictions until arrival at
19 
the point of destination.
20 
Sec. 42. Financiai Security System to Assist Seafarers in Case of Occupationai
21 
Injury and Other Causes. - In accordance with the MLC, 2006, on Financial Security
22 
for vessels, the shipowner shall provide an expeditious and effective financial security
23 
system to assist seafarers in the event of their abandonment and to assure
24 
compensation for contractual claims in the event of sickness, injury, or death occurring
25 
while they are serving under a seafarer's employment contract, or arising from their
26 
employment under such agreement.
27 
CHAPTER X
28 
TERMINATION OF EMPLOYMENT
29 
Sec. 43. Termination of Empioyment -
30 
a) The employment of Filipino seafarers on board Philippine-registered
31 
ships operating internationally, as well as those on board foreign-registered
32 
ships, shall cease when the seafarers complete their period of contractual
17


1 
service aboard the ship, sign off from the ship, and arrive at the destination as
2 
specified under this paragraph (b) of this Section;
3 
b) The employment is also terminated effective upon arrival at the point of
4 
destination, which shall either be at the point of hire or the seafarer's place of
5 
domicile, at the option of the seafarer, or in case of the seafarer's incapacity or
6 
death, at the option of his/her next-of-kin, for any of the following reasons:
7 
1) 
When the seafarer signs off and is disembarked for medical
8 
reasons in the event that the seafarer is declared: i) fit for repatriation;
9 
or ii) when after an illness, the seafarer is declared fit to work, but the
10 
employer is unable to find employment for the seafarer on board the
11 
ship originally boarded or on another ship of the shipowner;
12 
2) 
When the seafarer signs off due to the sale of the ship, lay-up of
13 
ship, discontinuance of voyage or change of ship principal, shipwreck,
14 
grounding, or unseaworthiness;
15 
3) 
When the seafarer voluntarily resigns in writing and signs off prior
16 
to the expiration of contract within a reasonable period as may be
17 
prescribed in the implementing rules and regulations of this Act; or
18 
4) When the seafarer is discharged for just causes in accordance
19 
with the provisions of the Standard Employment Contract.
20 
Sec. 44. Extension of Employment - In the event of the extension of the term
21 
of a seafarer's employment contract, the seafarer shall be furnished a copy of the new
22 
or supplemental contract covering the extension of his employment with adequate
23 
time to review and obtain expert advice regarding the terms and conditions of his/her
24 
extended employment, which shall in no case be lower than the terms of his/her
25 
original employment. In all cases, the shipowner, or a duly authorized representative
26 
or the manning agency shall ensure that the seafarer has considered the effect of
27 
such an extension to any accumulated entitlement and repatriation benefits, among
28 
others.
29 
Manning agencies and shipowners shall submit periodic reports to the DMW on
30 
the welfare and well-being of seafarers subjected to such contract extensions.
31 
CHAPTER XI
32 
SETTLEMENT OF DISPUTES
18


1 
Sec. 45. On Board and Onshore Grievance Machinery. - All ships of Philippine
2 
registry shall establish a grievance machinery and fair, effective, and expeditious on
3 
board and onshore procedures, at no cost to the seafarer, for the resolution of
4 
grievances or complaints.
5 
Any grievance or complaint shall first be referred to the appropriate grievance
6 
mechanism provided under this Section. In cases where a seafarer is a member of a
7 
legitimate trade union organization and covered by a CBA, he/she shall be assisted by
8 
a union-designated representative in the proceedings. Any agreements reached by
9 
the parties at the grievance proceedings shall be final and binding.
10 
Sec. 46. Mandatory Conciiiation-Mediation. - In the absence of an agreement
11 
or settlement at the grievances machinery level, the following rules shall apply:
12 
a) If there Is a CBA, the matter shall be submitted for voluntary arbitration
13 
In accordance with existing laws, rules, and regulations;
14 
b) If there is no CBA, the parties shall have the option to submit the case
15 
to compulsory arbitration or voluntary arbitration, or conciliation-mediation
16 
services provided under Republic Act No. 10396, otherwise known as "An Act
17 
Strengthening Conciliation-Mediation as a Voluntary Mode of Dispute
18 
Settlement for All Labor Cases, Amending for this Purpose Article 228 of
19 
Presidential Decree No. 442, as amended. Otherwise Known as the 'Labor Code
20 
of the Philippines'" and its Implementing rules and regulations.
21 
Sec. 47. Maritime Industry Labor Arbitration. -There shall be a pool of trained
22 
maritime industry conciliators-mediators and experts with the appropriate
23 
competence, integrity, and knowledge of the Philippine and global maritime industry
24 
practices and standards, MLC, 2006, and related Philippine-ratified conventions and
25 
treaties, who shall handle the mediation or conciliation or arbitration of all issues
26 
relating to the employment of seafarers.
27 
CHAPTER XII
28 
REPATRIATION
29 
Sec. 48. Seafarers' Repatriation. - In all cases of repatriation, the affected
30 
seafarer shall be repatriation to the point of hire or the place of domicile of the
31 
seafarer, at his/her option, or in case of incapacity or death, at the option of his/her
32 
next-of-kin, and all costs related to the repatriation and/or transport of the personal
19


1 
effects and remains of seafarers, including the provision on financial security in case
2 
of abandonment of seafarers, shall be borne by or charged to the shipowner or the
3 
manning agency concerned to expedite the repatriation without prior determination
4 
of the cause of repatriation or termination of the seafarer's employment.
5 
Sec. 49. Repatriation Expenses; Advance and Recovery. - The repatriation
6 
expenses that shall be borne by or charged to the shipowner or the manning agency
7 
concerned shall include:
8 
a) Basic pay and allowances from the moment the seafarers leave the ship
9 
until they reach the repatriation destination;
10 
b) 
Accommodation and food during the journey to the repatriation
11 
destination;
12 
c) 
Transportation charges, the normal mode of transport should be by air;
13 
d) 
Deployment cost of the principal; and
14 
e) 
Immigration fees, fines, and penalties.
15 
However, in cases where the termination of employment is for just cause or
16 
upon the request of the seafarer, the cost of repatriation shall be for the account of
17 
the seafarer in accordance with the employment agreement.
18 
The responsibility to provide for the repatriation costs shall be without prejudice
19 
to the right to civil, criminal or other claims in accordance with law or otherwise,
20 
particularly in cases of maritime accident or death other than natural causes.
21 
Sec. 50. Quarantine and Medicai Expenses in Repatriation Due to Infection,
22 
Epidemics or Pandemic. - Before or during the process of repatriation, the expenses
23 
of medical care and board and lodging for periods spent by seafarers in self-isolation
24 
or quarantine, whether or not the seafarers have symptoms, have been exposed or
25 
are quarantined as a safety precaution for the community, shall be covered by the
26 
shipowner or manning agency until the seafarers have been duly repatriated to the
27 
repatriation destination. Thereafter, medical care and quarantine expenses after
28 
repatriation to the destination shall be borne by the Philippine government, following
29 
the whole-of-government approach in the management of epidemics and pandemics.
30 
Sec. 51. Waiver of Entitlement to Repatriation. - Entitlement to repatriation
31 
may be waived by a seafarer; Provided, That the waiver shall be written, made freely
32 
and voluntarily, with full knowledge of its consequences; Provided, however, that no
20


1 
such waiver shall be allowed or presumed when a seafarer is abandoned, held captive
2 
on or off the ship as a result of acts of piracy or armed robbery against the ship, or
3 
are incapable of travelling due to illness, injury or incapacity, or other causes that
4 
affect the seafarer's safety and security.
5 
CHAPTER XIII
6 
REINTEGRATION OF OVERSEAS FILIPINO SEAFARERS
7 
Sec. 52. Reintegration. - There shall be developed and implemented a full-cycle
8 
and comprehensive national reintegration program for seafarers, which shall be
9 
embedded in all stages of migration for work beginning from pre-deployment, on-site
10 
during employment and upon return, whether voluntary or involuntary. The
11 
reintegration program shall cover the different dimensions of support needed by the
12 
seafarer, such as economic, social, psychosocial, and cultural. Including skills
13 
certification and recognition of equivalency for effective employment services, and
14 
shall ensure contribution to national development through investments and transfer
15 
of technology from skilled or professional seafarers.
16 
CHAPTER XIV
17 
PROVISIONS APPLICABLE TO DOMESTIC SEAFARERS
18 
Sec. 53. Wages, Holiday Pay, Service Incentive Leave, and Other Statutory
19 
Benefits. - The minimum wage rate of seafarers on board ships engaged in domestic
20 
shipping shall be determined by the Regional Tripartite Wages and Productivity Boards
21 
(RTWPB), taking into account the peculiarities of the employment arrangement of
22 
seafarers and the criteria for wage-fixing pursuant to Republic Act No. 6727, otherwise
23 
known as the "Wage Rationalization Act;" Provided, that wages for actual work hours
24 
and days shall not be lower than the applicable minimum wage rates in the place
25 
where the ship is registered. Wages of domestic seafarers shall be paid In full and
26 
regularly at least twice a week In a month, or at intervals not greater than sixteen
27 
(16) days as provided In the Labor Code of the Philippines, as amended.
28 
In addition, the provisions of the Labor Code of the Philippines, as amended,
29 
on "Prohibitions Regarding Wages," "Wage Studies, Wage Agreements, and Wage
30 
Determination," "Administration and Enforcement," "Holidays," "Service Incentive
31 
Leaves and Service Charges," shall continue to apply, unless higher annual leave is
32 
already provided under the CBA or by the shipowner as company practice or policy or
21


1 
seafarers' employment agreement. In addition, domestic seafarers shall also be
2 
entitled to:
3 
i) 13th month pay pursuant to Presidential Decree No. 851, as amended,
4 
ii) paid maternity leave under Republic Act No. 11210, otherwise known
5 
as the "105-Day Expanded Maternity Leave Law,"
6 
iii) paid paternity leave under Republic Act No. 8187, otherwise known
7 
as the "Paternity Leave Act of 1996,"
8 
iv) paid parental leave for solo parents under Republic Act No. 8972,
9 
otherwise known as the "Solo Parents' Welfare Act of 2000,"
10 
v) paid leave for victims of violence against women and their children
11 
under Republic Act No. 9262, otherwise known as the "Anti-Violence
12 
Against Women and their Children Act of 2004,"
13 
vi) paid special leave due to surgery for any gynecological disorder,
14 
under Republic Act No. 9710, otherwise known as the "Magna Carta of
15 
Women," and retirement pay, pursuant to Republic Act No. 7641.
16 
Domestic seafarers shall also be entitled to SSS, PhilHealth, and Employees'
17 
Compensation Commission (ECC) benefits, HDMF or Pag-IBIG Fund, and other
18 
applicable social protection in accordance with law, regardless of the benefits already
19 
provided under a contract, CBA, or company practice or policy.
20 
Sec. 54. Employment Contract. - There shall be an agreement in writing
21 
between the shipowner and the seafarer, which shall include the following terms:
22 
a) 
Seafarer's full name, date of birth, age, birthplace, permanent and/or
23 
residential address;
24 
b) 
Seafarer's Record Book Number, Seafarer's Identity Document Number;
25 
c) 
Shipowner's name and address;
26 
d) 
Place where and date when the seafarer's employment agreement Is
27 
entered into;
28 
e) 
Duration of the contract;
29 
f) 
Point of hire;
30 
g) 
Capacity In which the seafarer Is to be employed;
31 
h) 
Amount of the seafarer's salary, and the formula used for calculating the
32 
same;
22


1 
i) 
Maximum hours of work and minimum hours of rest;
2 
j) 
Wages and wage-related benefits, which shall include, but is not limited
3 
to, overtime pay, holiday pay, vacation leave pay, premium pay, paid leaves,
4 
and 13th month play. If applicable;
5 
k) Compensation and benefits for occupational injury, illness of death;
6 
I) Social security and welfare benefits, including the compulsory insurance
7 
coverage as provided under Republic Act No. 8042, as amended by Republic
8 
Act No. 10022, otherwise known as "The Migrant Workers Act;"
9 
m) 
Stipulations in case of rescues or other similar undertakings;
10 
n) 
Separation pay and retirement pay, if applicable;
11 
o) 
Reference to the CBA, if applicable; and
12 
p) Other benefits in accordance with the law, company policy, or CBA.
13 
The foregoing employment agreement shall be executed by and between the
14 
shipowner and the seafarer before the commencement of employment, in a language
15 
or dialect understandable to both parties. The shipowner shall provide the domestic
16 
seafarer the signed original copy of the agreement and a certified true cop'.' shall be
17 
made available on board the ship.
18 
The DOLE shall keep a copy of the employment contract between the
19 
shipowner and the domestic seafarer.
20 
Sec. 55. Maximum Hours of Work and Minimum Hours of Rest - The provision
21 
of Section 26 shall also apply to domestic seafarers. In addition, waiting time shall not
22 
be considered as compensable working time if the seafarer is completely relieved from
23 
his/her duty and can use the time effectively for his/her own purpose.
24 
Sec. 56. Termination of Empioyment of Domestic Seafarers. -The termination
25 
of employment of a seafarer on board domestic ships shall be governed by the
26 
provisions of the Labor Code of the Philippines, as amended, and applicable rules and
27 
regulations issued by DOLE. In case the termination of employment is initiated by the
28 
shipowner, the substantial and procedural aspects of due process shall be observed.
29 
Sec. 57. Rescue of Seafarers On-Board Domestic Ships. -■ The provisions under
30 
this Act on repatriation as may be applicable, shall also apply to seafarer working on
31 
domestic ships. Seafarers on board domestic ships shall be entitled to emergencies
32 
rescues in cases of war, epidemics, abandonment of ships by shipowners, disasters or
23


1 
calamities, whether natural or man-made, and other similar events. The Philippine
2 
Coast Guard and MARINA shail undertake and assist in the rescue of seafarers on
3 
board domestic ships.
4 
Sec. 58. Contracting or Subcontracting of Services. - The contracting or
5 
subcontracting of seafarers for work onboard domestic ships shali be governed by
6 
existing ruies and regulations by the DOLE.
7 
CHAPTER XV
8 
MANNING LEVELS AND COMPLIANCE AND ENFORCEMENT
9 
OF SHIPS OF PHILIPPINE REGISTRY
10 
Sec. 59. Manning Levels. -All ships of Philippine registry shall have the required
11 
minimum manning ievels as prescribed by the Maritime Industry Authority (MARINA).
12 
They shail, at all times, be manned by a crew that is adequate in terms of size and
13 
qualifications taking into account the need to operate the vessel safely and efficiently.
14 
Sec. 60. Crew Competence. -Every member of the crew of a ship of Philippine
15 
registry shaii possess, in addition to the required medical certificate, the appropriate
16 
certificate of competency issued by the reievant government agency/ies, setting forth
17 
his/her competence to serve in the capacity, and perform the functions involved at
18 
the level of responsibility, for the position held, for the type, tonnage, power, means
19 
of propulsion, and trading patterns of the ships concerned.
20 
The certificate of competency shall attest that the seafarer to whom it is issued
21 
meets the requirements for service, age, qualification, and examinations for the
22 
position held.
23 
Sec. 61. Compiiance and Certification. -All ships of Philippine registry shall
24 
comply with the provisions of this Act. The shipowner and master shall ensure the
25 
compliance of the ship with this Act and its implementing rules and regulations, who
26 
shall be made principally liable for any violation thereof.
27 
For this purpose, a Maritime Labour Certificate or a certificate of compliance,
28 
as applicable, shall be issued in accordance with the implementing rules and
29 
regulations of this Act.
30 
Sec. 62. Inspection and Enforcement -
31 
a) The Secretary of Labor and the appropriate Secretary-in-charge of
32 
migration-related matters, or his/her duly authorized representative, shall have
24


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
the authority to inspect all ships of Philippine registry, domestic or ocean-going, 
to ensure compliance with labor standards and occupational safety and health 
as provided under this Act.
The enforcement and compliance monitoring activities may be coordinated and 
conducted by the DOLE with the relevant government agencies, including 
MARINA and PCG, in conjunction with their schedules for inspection and 
certification.
The Secretary of Labor or the appropriate Secretary-in-charge of migration- 
related matters, or his/her duly authorized representative shall have the power 
to order immediate correction of, and impose fines for, violations of the relevant 
provisions of this Act.
If the violation or deficiency constitutes a serious breach of the requirement of 
this Act and its implementing rules and regulations or poses an imminent 
danger to the ships, and/or to the life or limbs of the seafarer, the Secretary of 
Labor or the appropriate Secretary-in-charge of migration-related matters, or 
his/her duly authorized representative shall coordinate with the PCG to order 
the detention of the ship immediately until the violation or deficiency is 
corrected or until a plan of action to rectify the non- conformities is shown to 
be implemented in an expeditious manner.
b) The Philippine Coast Guard (PCG) shall have the authority to conduct 
the port state control inspections of vessels, including all foreign-flagged 
vessels, calling at any port of the Philippines, for the promotion of safety of life 
and property at sea, control and prevention of maritime pollution, and 
verification of compliance with the minimum standards of training and social 
condition of officers and crew on board the ships. The PCG shall assist relevant 
agencies in the enforcement of the provisions of this Act and its implementing 
rules and regulations, and the MLC, 2006.
The conduct of port state controls shall be In accordance with international 
conventions and Instruments ratified or to be ratified in the future.
The PCG Commandant or his/her duly authorized representative shall have the 
power to order Immediate correction of, and impose fines for, violations of the 
relevant provisions of this Act.
25


1 
The PCG shall prohibit a ship from leaving port upon the order of the Secretary
2 
of Labor or the appropriate Secretary-in-charge of migration- related matters,
3 
or in case of finding of non-compliance with the provisions of this Act and the
4 
MLC, 2006 and/or its amendments and the conditions on board are clearly
5 
hazardous to the safety, health or security of seafarers. In all cases, the
6 
prohibition to leave the port shall be in place until the same have been rectified
7 
or until a plan of action to rectify the non-conformities is shown to be
8 
implemented In an expeditious manner, and cleared by the Secretary of Labor
9 
or the appropriate Secretary-in-charge of migration- related matters.
10 
Sec. 63. Recognized Organizations. - Recognized organizations may be
11 
authorized by the Secretary of Labor to conduct inspection and issue certification in
12 
accordance with the provisions of this Act and its implementing rules and regulations.
13 
A recognized organization shall have the necessary knowledge of the
14 
requirements of this Act and its implementing rules and regulations, the MLC, 2006
15 
and other relevant international treaties or conventions.
16 
A recognized organization shall also have the necessary and qualified
17 
professional, technical and support expertise to carry out the conduct of inspection
18 
and issuance of certification.
19 
CHAPTER XVI
20 
SHIPBOARD TRAINING OF CADETS
21 
Sec. 64. Appiicabiiity. - The provisions of Sections 5 to 17 (Seafarers' Rights),
22 
Sections 18 to 19 (Women in the Maritime Industry), Section 22 (Medical Certificate),
23 
Sections 35 to 39 (Accommodation, Recreation Facilities, Food and Catering in Ships),
24 
Section 40 (Medical Care On Board Ships and Ashore), Sections 45 to 47 (Settlement
25 
of Disputes), Sections 48 to 50 (Repatriation) shall apply with respect to the training
26 
of cadets.
27 
Sec. 65. Shipboard Training Agreement for Cadets. -There shall be a written
28 
agreement between the shipowner, the cadet and the maritime institution or school
29 
which shall embody the following information, terms and conditions:
30 
a) Cadet's full name, date of birth, birthplace and age, which should be at
31 
least sixteen (16) years old;
32 
b) Name and address of the maritime institution or school;
26


1 
c) 
Name and address of the shipowner and its manning and placement
2 
agency, if applicable;
3 
d) 
Place and date when the agreement is entered into;
4 
e) 
Capacity in which the cadet Is to be trained;
5 
f) 
The amount of the cadet's allowance or stipend, if applicable;
6 
g) 
Required number of hours of training and rest which shall not be less
7 
than the prescribed hours of rest in Section 26 of this Act;
8 
h) 
Duties and responsibilities of the sponsoring company. Maritime Higher
9 
Education Institutions (MHEIs), and cadets, as may be provided under the
10 
Standard Cadet Training Agreement on Ships Engaged in International Voyage;
11 
and
12 
i) 
Other benefits 
in accordance 
with existing 
laws, company policy 
or
13 
agreements.
14 
In no case shall cadets perform activities outside of the 
scope of the cadet
15 
shipboard training program.
16 
The foregoing agreement shall be In a language familiar to and understood by
17 
all parties on in English, executed in four (4) original copies before the commencement
18 
of the shipboard training. The shipowner, cadet and the maritime institution/school
19 
shall each have a signed original of the agreement and an electronic copy thereof shall
20 
be submitted to the DOLE, through the Bureau of Working Conditions (BWC). A signed
21 
original copy shall also be made available on board the ship.
22 
Sec. 66. No Discrimination of Women for Shipboard Training. - Women cadets
23 
shall be accorded equal access to training and shall not be discriminated against for
24 
shipboard training.
25 
CHAPTER XVII
26 
INCENTIVES AND AWARDS GRANTED TO THE MARITIME INDUSTRY
27 
Sec. 67. Incentives and Awards.- There shall be established an incentives and
28 
awards system for the maritime industry stakeholders which shall be developed and
29 
administered by the concerned government agency in consultation with the Maritime
30 
Industry Tripartite Council (MITC).
31 
Under such rules and regulations that may be promulgated, deserving
32 
shipowners, seafarers, manning and other organizations or entities shall be
27


1 
commended or awarded for their outstanding performance in upholding the rights of
2 
seafarers and complying with this Act.
3 
CHAPTER XVII
4 
ROLE OF GOVERNMENT AGENCIES
5 
Sec. 68. Role of Government Agencies. - The following government agencies
6 
shall perform the following functions to promote the welfare and protect the rights of
7 
Filipino seafarers:
8 
a) Commission on Higher Education (CHED) - The CHED shall set the
9 
standards and monitor the performance of maritime education programs and
10 
maritime higher education institutions, ensuring that quality maritime
11 
education, including curricula and training programs, are structured and
12 
delivered in accordance with the written programs, methods, and media of
13 
delivery, procedures, and course materials compliant with international
14 
standards prescribed under the STCW Convention and its amendments. For this
15 
purpose, CHED shall be in close coordination with the MARINA.
16 
b) Department of Labor and Employment (DOLE). - The DOLE shall ensure
17 
that the standards set forth under this Act, Presidential Decree No. 442, as
18 
amended, and other domestic laws, the MLC, 2006 and other international
19 
treaties and conventions to which the Philippines is a signatory are faithfully
20 
complied with and fairly applied to Filipino seafarers.
21 
To this end, the DOLE shall establish an effective system for the inspection and
22 
certification to ensure the working and living conditions of seafarers are met
23 
and continue to be met pursuant to the MLC, 2006.
24 
c) Department of Foreign Affairs (DFA). - DFA, through its consular offices
25 
or foreign service posts. In coordination with the appropriate government
26 
agency, shall take priority action or make representation with the foreign
27 
authority concerned to protect the rights of seafarers and extend immediate
28 
assistance.
29 
d) Department of Health (DOH). - The DOH shall regulate the activities and
30 
operations of all clinics which conduct physical, optical, dental, psychological
31 
and other similar examinations, hereinafter referred to as health examinations,
32 
on Filipino seafarers.
28


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
The DOH shall determine and prescribe the nature of the medical examination 
that shall be required of a seafarer, ensuring that such examination will 
genuinely determine the seafarer's state of health, considering the duties that 
the seafarer shall be required to perform on board. The DOH shall likewise 
prescribe the contents of the medical certificate to ensure that such certification 
will genuinely reflect the seafarer's state of health.
e) 
Department of Migrant Workers (DMW). - The DMW, including the 
Migrant Workers Office (MWO), shall be the primary agency tasked to protect 
the rights and promote the welfare of overseas Filipino seafarers, in accordance 
to its mandate under Republic Act No. 11641 or the "Department of Migrant 
Workers Act."
It shall also review and improve on the working conditions and terms of 
employment of the officers and crew of vessels of Philippine registry, and of 
such officers and crew members who are Filipino citizens and employed by 
foreign vessels.
DMW shall develop and implement a national reintegration program for 
seafarers, as prescribed under Chapter XIII, Section 52 of this Act.
DMW, through the National Maritime Polytechnic (NMP), shall strengthen its 
research capability to provide studies/resources for evidence-based policy 
decision-making and program development, and continuously address gaps in 
the protection and welfare of the seafarers.
The NMP shall also continue to develop, enhance, and increase the accessibility 
of Its gender and women empowerment and training courses for seafarers to 
the maritime industry, which shall be made available in any format, including 
digital and/or e-learnIng format.
f) 
Overseas Workers Welfare Administration (OWWA). - The OWWA, 
through its welfare officer or. In his absence, the coordinating officer, shall 
provide the seafarers and his/her family all the assistance they may need in the 
enforcement of contractual obligations by agencies and/or by their principals. 
The OWWA shall likewise formulate and Implement welfare programs for 
overseas Filipino seafarers and their families while they are abroad and upon
29


1 
their return. It shall ensure the awareness by the overseas Filipino seafarers
2 
and their families of these programs and other related governmental programs.
3 
g) Maritime Industry Authority (MARINA). - The MARINA shall ensure that
4 
the examination, licensing, and certification system for seafarers are in
5 
accordance with the requirements prescribed under STCW Convention,
6 
international agreements, other conventions relevant thereto, and other
7 
applicable laws, rules and regulations.
8 
h) Philippine Coast Guard (PCG). - The PCG shall undertake port state
9 
control inspections of vessels calling at any port of the Philippines, in
10 
accordance with international conventions and standards, for the promotion of
11 
safety of life and property at sea, control and prevention of maritime pollution,
12 
and verification of compliance with the minimum standards of training and
13 
social condition of officers and crew on board the ships.
14 
The PCG shall, in line with its function to assist in the enforcement of applicable
15 
laws within the maritime jurisdiction of the Philippines, shall assist the DOLE in
16 
the enforcement of the rules and regulations issued for the purpose of
17 
Implementing the MLC 2006, including orders to detain vessels found in gross
18 
violation of pertinent laws, rules and regulations.
19 
Unless otherwise provided in this Act, the mandate, power and function of all
20 
existing departments, agencies or Instrumentalities of the government, including
21 
government-owned and controlled corporations, shall remain and continue to be
22 
recognized in accordance with the law or order creating them.
23 
Sec. 69. One Stop Shop Center for OFWs (OSSOC). - There shall be established
24 
in each region a One Stop Shop Center for OFWs, which shall be co-located in the
25 
regional offices of the DMW PGEA, and shall have, as far as practicable,
26 
representatives from agencies that process the documents or issue the required
27 
licenses, permits and clearances required of seafarers.
28 
Sec. 70. Registry of Seafarers. - The DMW PGEA, for ocean-going ships of
29 
foreign registry, and MARINA, for domestic and ocean-going ships of Philippine
30 
registry, shall maintain a registry of all seafarers in the Philippines; Provided, that the
31 
registry of seafarers aboard ocean-going ships shall be integrated to the management
32 
information system established under the Migrant Workers and Overseas Filipinos Act,
30


1 
as amended. The registry shall contain updated and relevant information or data to
2 
promote employment opportunities for seafarers, whether on board or ashore, or to
3 
provide a list of available training and education to support skills and development
4 
and competencies of seafarers, as well as a digitalized copy of the duly executed
5 
contract.
6 
DMW and MARINA shall ensure compliance with Republic Act No. 10173,
7 
otherwise known as the "Data Privacy Act of 2012," and Its implementing rules and
8 
regulations in handling the relevant information or data of seafarers in their respective
9 
registries.
10 
Sec. 71. Maritime Occupationai Safety and Heaith Standards. - The DOLE, in
11 
consultation with the maritime industry stakeholders, shall formulate the Maritime
12 
Occupational Safety and Health Standards (MOSHS) pursuant to the provisions of
13 
Republic Act No. 11058, otherwise known as the "Occupational Safety and Health
14 
Law" and pertinent maritime conventions and treaties ratified by the Philippines.
15 
CHAPTER XIX
16 
FINAL PROVISIONS
17 
Sec. 72. Administrative Fines and Penaities.- Any shipowner, master, their
18 
representatives or other person who fails or refuses to present employment records,
19 
such as payrolls, daily time records, payslip or other documents, such as medical
20 
records, when required by the individual seafarer, the Secretary of Labor or his duly
21 
authorized representative, or the duly authorized representative of a recognized
22 
organization, shall be subjected to administrative fines ranging from One hundred
23 
thousand pesos (Phpl00,000.00) to One million pesos (Phpl,000,000.00), 
in
24 
accordance with the implementing rules and regulations of this Act.
25 
Sec. 73. Penaities for Vioiations of Section 68. -Any shipowner, master, their
26 
representatives who operate without, or fails to present, a valid Maritime Labour
27 
Certificate, or its equivalent, shall be punished with fines ranging from One hundred
28 
thousand pesos (Phpl00,000.00) to One million pesos (Phpl,000,000.00), 
in
29 
accordance with the Implementing rules and regulations of this Act.
30 
Sec. 74. Penaities for Vioiations of Sections 69 and 70. - Any person who,
31 
without proper authorization, exercises the authority granted to the Secretary of Labor
32 
and Employment under Sections 69 and 70 of this Act shall be punished with a fine of
31


1 
not less than Two hundred thousand pesos (Php200/000.00) but not more than Two
2 
million pesos (Php2/000,000.00)/ or imprisonment of not less than one (1) year nor
3 
more than four (4) years, or both at the discretion of the court. The foregoing offense
4 
shall prescribe after five (5) years from its commission.
5 
Sec. 75. Transitory Provision. - All rights, privileges and benefits previously
6 
enjoyed by Filipino seafarers before the effectivity of this Act, including those set forth
7 
in Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines,
8 
as amended, and Republic Act No. 8042, otherwise known as the "Migrant Workers
9 
and Overseas Filipinos Act of 1995", as amended, shall continue to be recognized and
10 
shall not be diminished after the effectivity of this Act.
11 
Sec. 76. Impiementing Ruies and Reguiations. -Within ninety (90) days from
12 
the effectivity of this Act, the DOLE, in coordination with the DMW, DFA, MARINA,
13 
CHED, TESDA, PCG, OWWA, and other concerned agencies, and upon consultation
14 
with relevant stakeholders, shall formulate the rules and regulations for the effective
15 
implementation of this Act.
16 
Sec. 77. Separabiiity Cause. - If, for any reason, any section, clause or term of
17 
this Act is held to be illegal, invalid, or unconstitutional, such parts not affected by
18 
such declaration shall remain in full force and effect.
19 
Sec. 78. Repeaiing Ciause. - All laws, presidential decrees, issuances, executive
20 
orders, letters of instruction, rules and regulations Inconsistent with the provisions of
21 
this Act are hereby repealed or modified accordingly.
22 
Sec. 79. Effectivity.- This Act shall take effect fifteen (15) days after its
23 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,
32