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

SIXTEENTH CONGRESS
FIRST REGULAR SESSION

House Bill No, 3754

Introduced by AKBAYAN Representatives Walden F. Bello
and Ibarra M. Gutierrez III

Explanatory Note

With the Philippines deploying over 300,000 overseas Filipino seafarers (OFS) in
intemational ocean-going vessels, the government's continuous efforts to ensure
their protection and welfare has been strengthened through the recent ratification of
international seafarers” bill of rights, making the Philippines 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 seek to strengthen the rights of our OFS through
stronger compensation benefits, clearer institutional accountabilities 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.

WALDEN F/ BELLO IBARI . cZ Ill


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

SIXTEENTH CONGRESS
FIRST REGULAR SESSION

House Bill No._ 3794

Introduced by AKBAYAN Representatives Walden F. Bello

and Ibarra M. Gutierrez III

AN ACT TO ESTABLISH THE STANDARD OF PROTECTION AND
PROMOTION OF THE WELFARE OF SEAFARERS AND THEIR FAMILIES

AND FOR OTHER PURPOSES

Chapter | - General Provisions

Section 1. Short Title. — This Act shall be known as the “Seafarers Act.”

Section 2. Declaration of Policies. - It is hereby declared policy of the

State:

a)

b)

¢)

d)

e)

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

To maintain and progressively develop a pool of competent and
world-class domestic and international seafarers for all officers,
ranks and ratings, as well as service personnel on special types of
vessels, through a system of education, training, accreditation and
licensing;

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

To enact laws that ratify, adopt, and implement the standards set be
international conventions and agreements on safety, working
conditions, and working hours, among others for seafarers
particularly the Maritime Labor Convention of 2006;

To recognize manning and recruitment entities as vital partners in
promoting the skill and competence of Filipino seafarers and
protecting their rights prior to, and post employment by offering
these manning and recruitment entities fiscal and tax incentives.

To allow the deployment of Filipino seafarers as overseas workers
on vessels navigating the foreign seas or to installations located
offshore or on high seas whose owners/employers are compliant
with international laws and standards that protect the rights of


migrant workers, and also compliant with the minimum standard
employment contract as well as rules and regulations on sea-based
workers prescribed by the Philippine Overseas Employment
Administration (POEA).

Toward these ends, the State shall endeavor to improve the Filipino
seafarers’ working 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 uplift the socio-economic well-being of the Filipino
seafarers’ families.

Section 3. Applicability. — This Act shall cover Filipino seafarers working on
board coastal and ocean-going ships of Philippine or foreign registry.

All rights, privileges and benefits previously enjoyed by Filipino seafarers
before the effectivity of this Act, including those set forth in P.D. 442, as
amended, and Republic Act No. 8042, as amended by RA 10022, shall not be
diminished after the effectivity of this Act.

Section 4. Definition of Terms.

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

(b) “Coastal Ship” refers to any Philippine flag vessel licensed to carry
passengers or cargo, or both, in any port in the Phililppines;

(c) “Coastal Trade” refers to trade engaged in by a coastal ship within
Philippine waters:

(d) “Cadet” refers to a student of maritime educational institution, who
is required to undergo onboard training to complete the educational
requirements for a maritime degree or technical course;

(e) “Departure” refers to the actual departure from the point of hire of
a Filipino seafarer through air, sea or land travel to join his/her ship
in a Philippine or foreign port;

() “Domestic Seafarers” refers to any seafarers employed on board
a ship or vessel plying inter-island waters or waters within Philippine
territory;

(g) “Foreign Registry” refers to the official public register of vessels of
a country other than the Philippines;

(h) “International Maritime Convention” or “International Convention”
refers to any written treaty or agreement, or any protocol or
‘amendment thereto, affecting the maritime industry which has come
into force and effect, including the Maritime Labour Convention,
2006;

(i) “License” refers to the document issued by the DOLE authorizing
any person or entity to operate a manning or recruitment and
placement agency;


1“Manning Agency” refer to any person, company, institution, licensed to
engage in recruitment and deployment of overseas Filipino seafarers on
board ships of foreign registry in behalf of its foreign principals;

i)

(k)

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(m)

(n)

(0)
(p)

()

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(s)

()

(u)

“Maritime Industry” shall refer to all stakeholders engaged in the
business of owning, managing, chartering and/or operating coastal
or ocean-going ship(s) of Philippine or foreign registry, manning of
ships, management of ports, stevedoring and arraste services, ship
brokering and chartering, ship-building and ship repair, providing
maritime services such as ship supplies and provisions, maritime
education and training, shipping agency, and other similar activities;
“Master” refers to a seafarer who is licensed and authorized to
command and/or navigate a ship by law or regulation and appointed
as representative of the shipowner;

“Officers” refers to seafarers who are licensed by law or regulation
to serve in such capacity, such as Master Mariner, Chief Officer, 2"
Officer, and 3 Officer for the Deck department and Chief Engineer,
2’ Engineer, 3 Engineer, and 4" Engineer for the Engine
Department;

“Overseas Filipino Worker (OFW)” or “Migrant Workers” shall
refer to a person who is to engaged, is engaged or has been
engaged in a remunerated activity in a state of which he or she is
not a citizen or on board a vessel navigating the foreign seas other
than a government ship used for military or non-commercial
purposes or on an installation located offshore or on the high seas;
“Philippine National” shall refer to any individual who is citizen of
the Philippines, or a commercial partnership or corporation
organized under the laws of the Philippines, at least 60% of the
capital of which is owned by citizens of the Philippines;

“Philippine Port” shall refer to any Philippine airport or seaport;
“Philippine Seafarers’ One Stop Processing Center (PSOC)”
shall refer to the facility center which houses all relevant
offices/agencies involved in providing services to seafarers in one
roof;

“Philippine Shipping Companies” shall refer to entities registered
and licensed under the laws of the Philippines to engage in the
business of overseas and/or domestic water transportation;
“Philippine Waters” refers to the inland waters, archipelagic
waters, territorial sea and exclusive economic zone of the
Philippines, as defined by law and as recognized by international
conventions;

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

“Principal” or “Employer” refers to any person, partnership or
corporation hiring Filipino seafarers to work on board coastal and
ocean-going ships;

“Rating” refers to any member of the crew other than the Officers
as defined herein



)

(w)

(x)

y)

(@)

(aa)

(bb)

“Recruitment and Placement” refers to any act of canvassing,
enlisting, contracting, transporting, utilizing, hiring or procuring
workers, and includes referrals, contract services, promising or
advertising employment, locally or abroad, whether for profit or not:
Provided, that any person or entity, which in any manner, offers or
promises employment for a fee to two (2) or more persons shall be
deemed engaged in recruitment and placement;

“Recruitment and Placement Agency” refers to any Filipino
person, corporation, partnership, company, etc. who is engaged in
recruiting seafarers for placement or employment on board ships of
Philippine or foreign registry;

“Repatriation” refers to a process of returning a person back to
‘one’s point of hire.

“Philippine Registry” refers to the official public register under the
authority of the Registrar of Ships which shall hold the record of all
vessels and its encumbrance registered under Philippine laws;
“Seafarer” tefers to any person who is employed or engaged or
works in any capacity on board a ship covered by this Act;

) “Overseas Filipino Seafarer (OFS)” — refers to a seafarer
employed on board a ship plying outside inland waters, archipelagic
waters or territorial seas of the Philippines;

) +“Ocean-going ship” refers to any Philippine or foreign-registered
ship which is authorized to carry passenger or cargo, or both, in
trade between a Philippine port and a foreign port, or between two
foreign port;

(cc) “Shipowner” 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 shipowner, and who, on assuming
such responsibilities, has agreed to take over all the attendant
duties and responsibilities of a shipowner under this Act.

Chapter Il. Seafarer’s Rights

Section 5. Right to Just Terms and Conditions of Work. — Seafarers shall
have the right to:

a.
b.
c.

. A safe and secure workplace that complies with safety standards;

Decent working and living conditions on board ship;

Medical care, welfare measures and other forms of health and social
protection;

Fair terms and conditions of employment including salary
commensurate to their rank, hours of work, and other relevant basis for
wage computation, minimum number of working hours, rest period
consistent with Philippine laws or international maritime conventions,
when applicable.

Section 6. Right to Self-organization, to engage in Collective Bargaining

and to pai

icipate in democratic exercises — Seafarers shall enjoy their

right to self-organization, to collective bargaining and to participate in the


deliberation of issues and in the formulation of policies that affect them,
including the guarantee of representation in governing boards or appointment
in government instrumentalities.

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

Toward this end, relevant government agencies shall:

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

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

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

Section 8. Right to Relevant Information. — Seafarers shall have adequate
and relevant information regarding their rights, benefits, obligations,
conditions and realities attendant to their profession, their duties,
responsibilities and obligations.

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

The State shall provide seafarers access to an efficient, adequate and
accountable system for finding employment on board ship without charge to
the seafarer.

Section 9. Right to Consultation. — Seafarers and seafarers’ organizations
or unions as well as concerned maritime industry representatives shall be
adequately consulted before adopting any policy, law, executive issuance,
rule or regulation that may directly or indirectly affect them and/or their
families and beneficiaries.

Section 10. Right Against Discrimination. — Seafarers shall have the right
against discrimination by sole reason of race, sex, religion, ethnicity, political
opinion, socio-economic status, age or medical history. Career opportunities
shall be promoted and appropriate working and living conditions shall be
guaranteed equally among male and female seafarers.

Section 11. Right to Legal Representation. — Seafarers shall have the right
to free access to courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty (who are


victims of violations of the provisions of this Act, shall have the right to free
legal assistance and protection at government's expense).

Section 12. Right to Access to Communication. — Seafarers, especially
during their free time or off-duty, shall be given access to communication and
they shall be allowed to use the internet, mobile phone and other
communication facilities.

Chapter Ill. Seafarer’s Duties
Section 13. Seafarer shall have the following duties:

1. To comply with and observe the terms and conditions of his/her
employment contract;

2. To abide by the Code of Discipline;

3. To be obedient to the lawful commands of the Maser or any person
who shall lawfully succeed him/her and to comply with the
shipowner's/principal's policy on safety and operational procedures and
instructions given in connection therewith;

4. To diligent in his/her duties relating to the ship, its stores and cargo,
whether on board, in boats or ashore.

5. To conduct himself/herself at all times in an orderly and respectful
manner towards shipmates, passengers, shippers, stevedores, port
authorities, and other persons who have official business with the ship.

6. To take personal responsibility for his health at all times by practicing a
healthy lifestyle.

Chapter IV. Minimum Requirements for Seafarers

Section 14. Minimum Age. — No person below eighteen (18) years old shall
be employed, engaged, or otherwise allowed to work on board a coastal or
ocean-going ship.

Section 15. Education. — A Filipino seafarer must have at least finished high
school or successfully completed the required academic requirement for a
maritime degree provided for in the curriculum approved by the Commission
‘on Higher Education, or must have completed the basic training courses for
the position applied for as required by MARINA for ratings. The implementing
tules and regulations of this Act shall set the educational and/or training
requirement for each classification of seafarers.

Section 16. Medical Certificates. - No seafarer shall be employed, engaged
, or otherwise allowed to work on board a coastal or ocean-going ship unless
certified as medically fit to perform his/her duties.

Seafarer shall hold a medical certificate issued by a medical facility duly
accredited by the DOH. It is hereby declared a policy of the State to mandate
all government hospitals to conduct competitive medical examination/s. The
costs of medical certificate shall be shouldered by the employer/principal
shipowner,


The medical certificate shall certify that the person is expected to be able to
meet the minimum requirements for performing the duty specific to his/her
post at sea safely and effectively during the period of validity of the certificate.

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

The validity of the medical certificate shall not exceed a period of two (2)
years,

Section 47. Training. - No seafarer shall be employed, engaged, or
otherwise allowed to work on board a coastal or ocean-going ship unless
he/she is properly trained and certified as competent or otherwise qualified to
perform his/her duties on board in accordance with the standards of
international maritime convention(s) providing for seafarer's training,
qualification, competency or certification.

The State shall promote quality and relevant maritime education and training
that responds to the needs of the industry and in accordance with
international maritime standards.

Section 18. Recruitment and Placement. — Unless otherwise provided
under this Act and/or its implementing rules and regulations, no amount or fee
shall be charged in the recruitment and placement of a seafarer.

Only duly licensed manning or placement and recruitment agency shall be
allowed to operate and engage in the recruitment and placement of seafarers,
in accordance with rules and regulations as may be issued by the Secretary of
Labor and Employment.

In case of failure of the recruitment and placement agency or the relevant
shipowner to meet its obligations, the seafarers shall be compensated for
monetary loss by way of insurance or an appropriate measure.

Chapter V. Terms and Condition of Employment

Section 19. Standard Employment Agreement for Seafarers. — There shall
be an agreement in writing between the shipowner and the seafarer, which
shall include the following terms:

a. The seafarer’s full name, date of birth or age, and birthplace;

b. The shipowners name and address;

¢. The place where and date when the seafarer’s employment agreement
is entered into;


2

|. The capacity in which the seafarer is to be employed

The amount of the seafarer's salary, and the formula used for

calculating the same;

Hours of work;

. Wages and wage-related benefits, which include the following:
overtime pay, holiday pay, premium pay, paid leaves, 13" month pay;

.. Social security and welfare benefits;
Stipulation on repatriation or similar undertakings;
Separation pay and retirement pay;

. Other benefits in accordance with law, company policy or agreements;
and
The amount of paid annual leave, or where applicable, the formula
used for computation.

RSs @m oO

The foregoing employment agreement shall be in a working
language and in English, executed in three (3) original copies
before the commencement of the employment. The seafarer must
be given the opportunity to seek legal advice before signing the
contract. The shipowner and the seafarer shall each have a signed
original of the agreement. A signed original shall be made available
on board the ship.

However, for overseas Filipino seafarers, the Standard Employment
Contract (SEC) approved by the Governing Board of the Philippine
Overseas Employment Administration (POEA) shall be observed;
Provided, that in the absence of a reliever, the employment contract
of a seafarer shall not be extended more than three (3) months from
the date of the expiration of the contract, in which case the
seafarers shall be allowed to disembark or shall be repatriated to
the point of hire.

When there is a collective bargaining agreement, a copy thereof
must be maintained on-board the ship.

The ship owner shall be liable to bear the costs for the seafarers
working on their ships in respect to sickness and injury of the
seafarers occurring from the time they commenced their duty and
the date upon which they are deemed duly repatriated, or arising
from their employment.

Section 20. Wages. — Upon effectivity of this Act, the Regional Tripartite
Wages and Productivity Boards shall set the minimum wage rates of the
seafarers onboard ships engaged in domestic shipping, taking into account
the peculiarities of the employment arrangement of seafarers. Provided, that
wages for actual work hours and days shall not be lower than the applicable
minimum. wage rates in the domicile or head office of the shipowner,
whichever is higher. Wages shall be paid at least once every two weeks or
twice a month at intervals not exceeding sixteen (16) days.


Section 21. Freedom to stipulate. — The seafarer and the shipowner are
allowed to stipulate and mutually agree on other terms and conditions
exceeding the minimum standards, provided the at the additional provisions
are mutually beneficial to both parties and are not contrary to law, public polity
and morals.

Section 22. Hours of works and hours of rest — The normal hours of work
of seafarer shall be eight (8) hours but in no case exceed fourteen (14) hours
in any 24-hour period and seventy-two (72) hours in any 7-day period.

The minimum hours of rest for seafarers shall not be less than 10 hours in any
24-hour period and 77 hours in any 7-day period.

Musters, fire-fighting and lifeboat drills prescribed by national laws and
regulations and by international instruments, shall be conducted in a manner
that minimizes the disturbance of rest periods and does not induce fatigue.

When a seafarer is on call, such as when a machinery space is unattended,
the seafarer shall have an adequate compensatory rest period if the normal
period of rest is disturbed by call-outs to work.

It is required that records of seafarers’ daily hours of work or of their daily
hours of rest be maintained to allow monitoring of compliance with
international standards. The records shall be in a standardized format
established by the competent authority taking into account any available
guidelines of the International Labor Organization (ILO).

Provided that, for ships licensed to engaged in coastal trade only the rules
found in Book Three, “Conditionals of Employment”, Title | “Working
Conditions and Rest Periods, Chapter I, “Hours of Work”, Chapter Il, “Weekly
Rest Periods”, and Chater II, “Holidays, Service Incentive Leaves and Service
Charges” 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 23. Paid Annual Leave. Whenever applicable, the seafarers shall be
paid an annual leave to the calculated on the basis of a minimum of 2.5
calendar days per month of employment.

Chapter VI. Repatriation.

Section 24. Right to be Repatriated. Seafarers have a right to be repatriated
at no cost to themselves in the followings circumstances:

a, If the seafarer’s employment agreement expires while they are abroad;
or

b. Upon the expiry of the period of notice given in accordance with the
provisions of the seafarers employment agreement, when the
seafarers’ employment agreement is terminated:


By the shipowner; or
2. By the seafarer for justified reasons;

c. When the seafarer is no longer able to carry out her or his duties under
the employment agreement or cannot be expected to carry them out in
the specific circumstances;

d. In any event after serving a period of nine (9) months on board.

The following are deemed to be circumstances covered by paragraph (b)
and (c) above:

a. lliness or injury or other medical condition which requires the seafarers
repatriation when found medically fit to travel;

b. Shipwreck;

c. The shipowner not being able to continue to fulfil their legal or
contractual obligations as an employer of the seafarers by reason of
insolvency, sale of ship, change of ship’s registration or any other
similar reason;

d. The ship being bound for a war zone to which the seafarer does not
consent to go; and

e. Termination or interruption of employment in accordance with an
industrial award or collective agreement, or termination of employment
for any other similar reason.

Section 25. Prohibition on advance payments by seafarers towards the
cost of repatriation. Shipowners are prohibited from requiring that seafarers
make an advance payment towards the cost of repatriation at the beginning of
their employment, and also from recovering the cost of repatriation from the
seafarers’ wages or other entitlements except where the seafarer has been
found, in accordance with national laws or regulations or other measures or
applicable collective bargaining agreements, to be in serious default of the
seafarer’s employment obligations.

Section 26. Financial Security for a Seafarer Repatriation. All ships that fly
the flag of the Philippines must provide the competent authority with evidence
of financial security to ensure that seafarers are duly repatriated.

Section 27. Repatriation Entitlements. Shipowners are responsible, as a
minimum, for the following costs and seafarer's repatriation entitlements:

a. Passage to the destination selected for repatriation in accordance with
paragraph below;

b, Accommodation and food from the moment the seafarers leave the
ship until they reach the repatriation destination;

c. Pay and allowances from the moment the seafarers leave the ship until
they reach the repatriation destination;

d. Transportation of 30 kilograms (kg.) of the seafarers’ personal luggage
to the repatriation destination; and

e. Medical treatment when necessary until the seafarers are medically fit
to travel to the repatriation destination.


Section 28. Mandatory Repatriation of Underage Seafarers. Upon
discovery or information of a Filipino seafarer whose actual age falls below
eighteen (18) years of age, the nearest Philippine consulate office shall,
without delay, repatriate the said seafarer and advise the DFA and DOLE as
soon as possible of such discovery and other relevant information

Section 29. Destination of Repatriation. Shipowners are responsible for
repatriation arrangements by appropriate and expeditious means. The normal
mode of transport is by air. Seafarers have the right to be repatriated, at their
choice to one of the following destinations with which the seafarers have a
substantial connection:

a. The place at which the seafarer agreed to enter into the engagement;

b. The place stipulated by collective agreement;

c. The seafarer's country of residence; or

d. Such other place as may be mutually agreed at the time of
‘engagement.

The provisions in this Act are without prejudice to any right of the
shipowner to recover the costs of repatriation under third-party
contractual arrangements.

If the shipowner fails to make arrangements for or to meet the cost of
repatriation of seafarers:

a. The competent authority will arrange for the repatriation of the
seafarers concerned;

b. Costs incurred in repatriating seafarers shall be recoverable from the
shipowner concerned;

c. The expenses of repatriation shall in no case be a charge upon the
seafarers, except as provided above in paragraph 3;

d. The ship or other ships of the shipowner concerned may be detained
by the competent authority until the reimbursement has been made.

A Copy of the present provisions regarding repatriation written in an
appropriate language must be carried on board a ship that flies the
flag of the Philippines and must be available to seafarers.

Every possible practical assistance shall be given to a seafarer stranded in a
foreign port pending repatriation and in the event of delay in the repatriation of
the seafarer. Where the foreign seafarers are stranded in a port of the
Philippines, the competent authority shall ensure that the consular or local
representative of the flag State and the seafarer’s State of nationality or State
or residence, as appropriate, are informed immediately.

Section 30. Repatriation at the Cost of the Seafarer. - Any seafarer engaged
on an ocean-going ship shall bear his or her own cost for repatriation in the
following cases:

a. If the seafarer is discharged for just cause;


b. If the seafarer requests for an early termination of his or her contract, in
which case, the seafarer shall be also liable for the cost of
transportation for his or her replacement;

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

Section 31. Emergency Repatriation. The DOLE, in coordination with the
OWWA and the DFA, shall undertake the repatriation of seafarers in cases of
war, epidemics, abandonment of ships by shipowners, disasters or calamities,
natural or man-made, and other similar events without prejudice to
reimbursement by the responsible shipowner or manning crewing agency.

Section 32. Repatriation in Case of Coastal Vessel. — The provisions on
repatriation shall also apply to seafarers working on coastal vessels.

Chapter Vil. Manning Requirement

Section 33. manning Levels. — All ships of Philippine registry shall have the
required minimum manning levels in accordance with the requirements set by
MARINA.

Every ship shall be manned by a crew that is adequate in terms of size and
qualifications taking into account the need to operate the vessel safety and
efficiently.

Section 34. Crew Competence. — Every member of the crew of a ship of
Philippine Registry 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, power, means of propulsion, and trading patterns of the ship concerned.

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

Section 35. Registry of Seafarers. - The POEA, for ocean-going ships of
foreign registry and MARINA for coastal and ocean-going ships of Philippine
registry shall maintain a registry of all seafarers in the Philippines. The registry
shall contain the following information:

. The name of the seafarer;

. Qualifications;

. Record of employment;

|. Education and training;

. Current certificates;
Occupational category.

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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 Vill. Accommodation, Recreational Facilities,
Food and Catering

Section 36. Application. The requirements of this Chapter for crew
accommodation and recreational facilities covering ships of Philippine
Registry shall be applicable to the following:

a. All ocean-going ships and coastal 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 or coastal, 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 MLC 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 37. Accommodation Facilities. — Unless otherwise exempted
herein or by appropriate regulations, all ship of Philippine registry shall have
safe, recent and adequate accommodations for seafarers taking into account
the need to protect the health and safety of seafarers working or living on
board.

Section 38. Requirements for Sanitation. — All ships of 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 to work stations. Separate facilities shall be
provided for male and female crew.

Section 39. Recreational Facilities. - Unless otherwise exempted herein or
by appropriate regulations, all ships of Philippine registry shall have
recreational facilities, amenities, and services appropriate for seafarers

Coastal ships are exempted from this requirement considering the trading
patterns and length of voyages of such ship which allow the crew to go home
or to have access and make use of comparable facilities on land.

Section 40, Food and Catering. - The shipowner shall ensure protection
and promotion of the health of the seafarer. Whenever applicable, shipowners
shall ensure that ships carry onboard the serve free food and drinking water of
appropriate quality, quantity and nutritional value that adequately cover the
requirements of the ship and take into consideration the differing cultural and
religious backgrounds. The foods and drinks and the preparation thereof shall


be in accordance with the standards of the Sanitation Code of the Philippines
and pertinent laws, rules and regulations.

Chapter IX. Health Protection and Medical Care

Section 41. Medical Care Onboard Ship and Ashore. — The shipowner
shall provide adequate medical services, as comparable to medical services
on shore, and medicine chest on-board, and access to shore facilities for the
protection of the health of the seafarers, as well as the corresponding medical
and/or trained personnel who shall provide first-aid and medical care pursuant
to the Occupational Safety and Health Standards and other pertinent laws,
rules and regulations.

Chapter XI. Compliance and Enforcement
Section 42, Compliance. All ships of Philippine registry shall comply with the

provision of the Act. The shipowner or master shall ensure the compliance of
the ship with this Act and its implementing rules and regulations.

The shipowner and master shall be made principally liable for any violation of
the provisions of this Act and its implementing rules and regulations.

Section 43. Enforcement. For purposes of this Act, the Secretary of Labor
and his/her duly authorized representative, shall have the sole and exclusive
authority to inspect all ships, coastal or ocean-going, regardless of their flag
state to ensure compliance with the provisions of this Act.

The Secretary of Labor may authorize other government agencies or duly
recognized organizations in the enforcement of the provisions of this Act and
its implementing rules and regulations.

Unless directly exercised by the Secretary of Labor, the duly authorized
Tepresentative shall have the power to board ship and carry out any
examination, test or inquiry which they may consider necessary in order to
satisfy themselves that the standards are strictly observed.

The Secretary of Labor and Employment or his/her duly authorized
representative shall have the power to order immediate correction of, and
impose fine for, violations of the provisions of this Act.

If the violation or deficiency constitutes serious breach of the requirement of
this Act and its implementing rules and regulations or poses imminent danger
to the ships, and/or to the life and limbs of the seafarer, the Secretary of Labor
or his/her duly authorized representative may order the detention of the ship
until the violation or deficiency is corrected.

Section 44, Maritime Labour Certificate and Declaration of Maritime
Labour Compliance. All ships of Philippine registry shall have a maritime
labour certificate issued by the Secretary of Labor or his/her duly authorized
representative.


All ships of Philippine registry shall also have a declaration of maritime labour
compliance drawn up by the shipowner or master.

A ship of less than 500 gross ton shall not be required to have a maritime
labour certificate and declaration of maritime labour compliance.

A maritime labour certificate shall be valid for three (3) years subject to
renewal.

Intermediate inspection may be conducted during the validity of the maritime
labour certificate.

Section 45. Recognized Organization. Recognized Organizations shall be
authorized by the Secretary of Labor to conduct inspection and issue
certification in accordance with the provisions of this Act and its implementing
ules and regulations.

A recognized organization shall have the necessary knowledge of the
requirements of this Act and its implementing rules and regulations, Maritime
Labour Convention 2006, and other relevant international treaty or
convention.

A recognized organization shall also have the necessary and qualified
professional, technical and support expertise to carry out the conduct of
inspection and issuance of certification.

Chapter XII. Termination of Employment
Section 46. Termination of Employment.

4. The shipowner, master or their representative may, after notice and
hearing, terminate the services of the seafarer working on ocean-going
ships any time before the expiration of the contract for any grounds as
may be stipulated in the POEA-Seafarers’ Standard Employment
Contract (SEC) or under the company rules and regulations or code of
discipline. A seafarer working on ocean-going ships may, by mere
service of notice, terminate his or her services any time before the
expiration of the contract for any grounds as may be stipulated therein
or under company rules and regulations.

2. Seafarer working on coastal ships may, by mere notice, terminate his
or her services for any of the following causes:

a. Serious insult on the honor and person of the seafarer by the
shipowner, master or their representative;

b. Inhuman treatment of the seafarer by the shipowner, master or
their representative;

c. Commission of a crime or offense against the seafarer by the
shipowner, master of their representative; and

d. Other causes analogous to the foregoing.

3. A shipowner may, after notice and hearing, terminate the services of a
seafarer working on coastal ships for any of the following causes:


: a. Serious misconduct or wilful disobedience by the seafarer of the
lawful order of the shipowner, master of their representative in
connection with his or her work;

. Gross or habitual neglect by the seafarer of his or her duties;

. Fraud or wilful breach by the seafarer of the trust reposed in him
or her by the shipowner, master or their representative;

d. Commission of a crime or offense by the seafarer against the
person of the shipowner, master or any immediate member of
his or her family; and

e. Other causes analogous to the foregoing

es

Chapter XIll. Settlement of Disputes

Section 47. On-board and on-Shore Complaint Procedure. All ships of the
Philippine registry shall develop and implement a. fair,effective and
expeditious on-board and on-shore complaint procedures in accordance with
the implementing rules and regulations of this Act

All disputes including violation of the provisions of employment agreement,
termination cases and claims for damages arising from employment involving
seafarers shall undergo a conciliation and mediation proceedings before the
National Conciliation and Mediation Board.

Unresolved disputes including violation of the provisions of employment
agreement, termination cases and claims for damages arising from
employment involving seafarers shall be within the jurisdiction of the Labor
Arbiters of the National Labor Relations Commission.

Voluntary arbitrators or panel of voluntary arbitrators, upon agreement of the
parties, may also hear and decide all disputes including violation of contract,
termination and claims for damages arising from employment involving
seafarers.

Section 48. Mandatory Conciliation-Mediation. Seafarers may avail of the
conciliation-mediation services of the DOLE pursuant to Republic Act 10396
and its Implementing Rules and Regulations, by filing a request for assistance
before the conciliation-mediation desks at the Regional/Fied/Provincial Offices
of the DOLE.

Chapter XIV. Reintegration for Overseas Filipino Seafarers

Section 49. Reintegration. For overseas Filipino seafarers, returning or
unemployed seafarers may avail of the livelinood development, training
programs and placements services offered by concerned agencies, including
OWWA and TESDA, TLC, and the CDA.

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


appropriate retraining and local job placement programs for unemployed
seafarers.

The National Reintegration Center for OFWs (NRCO) shall attend to the
needs of returning seafarers. The Center shall provide a mechanism for their
reintegration into the Philippine society, serve as a promotion house for their
local employment, and tap their skills and potentials for national development.

Chapter XV. Incentives and Awards Granted to
the Maritime Industry

Section 50. There shall be established an incentives and awards system for
the maritime industry stakeholders which shall be developed and
administered by the concerned government agency.

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

Chapter XV. Government Agencies
Section 51. Role of Government Agencies.

a. Department of Labor and Employment (DOLE) - The DOLE shall
ensure that the standards set forth under this Act, Presidential Decree
No. 442, as amended, and other laws, the Maritime Labour Convention
of 2006, and other international treaties and conventions to which the
Philippines is a signatory are faithfully complied with and fairly applied
to Filipino seafarers;

To this end, the DOLE shall establish an effective system for the
inspection and certification to ensure that the working and living
conditions of seafarers are met and continue to be met pursuant to the
Maritime Labour Convention of 2006.

(b) Department of Foreign Affairs - The DFa, through its home offices or
foreign posts, shall take priority action to make representation with the foreign
authority concerned to protect the rights of Filipino seafarers and extend
immediate assistance, including the repatriation of distressed and
beleaguered Filipino seafarers;

(¢ ) Department of Health. - The 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 seafarers.

The DOH shall determine and prescribe the nature of the medical examination
that shall be required of a seafarer, ensuring that such examination will


genuinely determine the seafarer's state of health, considering the duties that
he/she shall be required to perform on board. The DOH shall likewise
prescribe the contents of the medical certificate to ensure that such
certification will genuinely reflect the seafarer's state of health.

d. Philippine Overseas Employment Administration - The POEA shall
look into 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
emiployed by foreign vessels; develop an effective system of monitoring
and gathering welfare concerns for purposes of determining future
welfare programs, monitoring existing welfare activities and addressing
current welfare issues prioritize according to urgency; observe and
conduct a comprehensive and updated system of pre-departure
orientation seminars or briefings to departing seafarers and other
maritime workers; scheduled for deployment. It shall also undertake
studies and distribute relevant materials for use in pre-departure
orientation seminars of maritime workers and other related activities;
accredit, regulate and supervise pre-departure orientation seminars or
briefings of authorized manning or crewing agencies; formulate and
undertake programs and projects for the effective and efficient
utilization of the seafarers’ welfare fund; provide services to assist
maritime workers and their immediate dependents and families; and
perform such other duties as may be essential in giving assistance to
seafarers and their families.

e. Overseas Workers Welfare Administration- The OWWA through its
welfare officer or in his absence, the coordinating officer, shall provide
the Filipino seafarers and his family all the assistance they may need in
the enforcement of contractual obligations by agencies and/or by their
principals.

The OWWA shall likewise formulate and implement welfare
programs for overseas Filipino seafarers and their families while
they are abroad and upon their return. It shall ensure the
awareness by the overseas Filipino workers and their families of
these programs and other related governmental programs.

f. Commission on Higher Education (CHED), TESDA and MTC shall
ensure the promotion of qality and efficiency in maritime education
through advocacy and accountability.

g. The CHED and the Technical Education and Skills Development
Authority (TESDA), shall ensure that the curricula for the seafarers’
education and training are in consonance with the demands of global
maritime industry as well as with the requirements of STCW '78, as
amended.

h Maritime Industry Authority (MARINA). - The MARINA shall be
responsible in the formulation, adoption and enforcement of regulations


governing the quality standards and mechanisms of training and
competence of local seafarers.

The CHED, in coordination with MARINA, and maritime schools and
training institutions shall be responsible for the continuous and
comprehensive research, review and upgrading of the system of education,
training, certification and recruitment of all maritime schools and institutions,
as well as the manning or crewing agencies and regulatory commissions.

Unless otherwise provided in this Act, the mandate, power and function
of all existing department, agency and instrumentality of the government
including government owned and controlled corporation shall remain and
continue to be recognized in accordance with the law or order creating them.

Section 52. Prohibition on Officials and Employees. — It shall be unlawful
for any official or employee of the DOLE, POEA, OWWA, DFA, or other
government agencies involved in the implementation of this Act, or their
relatives within the fourth civil degree of consanguinity or affinity, to engage,
directly or indirectly, in the business of recruitment and placement of
seafarers.

Section ‘53. Philippine Seafarer One Stop Processing Center (PSOC). The
PSOC, as established under Administrative Order No, 56, has been tasked to
operationalize and make available to the public, an integrated document
processing center for the seafarers and general public to conduct official
transactions.

PSOC shall have the services of the following government offices:

DOLE
DFA
DOH
POEA
OWWA
CHED
PRC
. TESDA
MARINA
NTC
DFA
NBI
. SSS
. PhilHealth
. Pag-IBIG Fund
. Philippine Coast Guard (PCG)
. National Statistics Office (NSO); and
Such other government offices that the Secretary of DOLE may deem
necessary.

raposg-z>se>9n0c9


Chapter XVI. Penal Provisions

Section 54. Any public officer or employee, organization or person who,
without proper delegation, exercises the authority granted to the Secretary of
Labor under Section 42 shall be punished of a fine of not less than TEN
THOUSAND PESOS (Php 10,000.00) nor more than FORTY THOUSAND
PESOS (Php 40,000.00) or imprisonment of not less than one (1) year nor
more than four (4) years, or both at the discretion of the court.

Section 55. Any shipowner, master, their representatives, or other person
who denies or refuses the Secretary of Labor, his duly authorized
representative or the duly recognized organization to access to, board, and
inspect the ship or any part thereof or its principal place of office, or branch
office or any part thereof to determine compliance with this Act shall be
punished with a fine of not less than ONE HUNDRED THOUSAND PESOS
(Php 100,000.00) nor more than FOUR HUNDRED THOUSAND PESOS
(Php 400,000.00), or imprisonment of not less than one (1) year nor more
than four (4) year, or both at the discretion of the court.

Section 56. Investigation of Complaints. - The DOLE and POEA shall
investigate and take appropriate action on any complaint concerning any.
violations of this Act and its implementing rules and regulations.

Section 57. Prescriptive Periods. — Offenses defined and penalized under
this Act shall prescribe in five (5) years: Provided, however, that illegal
recruitment cases involving economic sabotage as defined herein shall
prescribe in twenty (20) years.

Chapter XVII. Final Provisions

Section 58. Implementing Rules and Regulations. The DOLE, in
coordination with the DFA, MARINA and other concerned agencies, and in
consultation with the proper Committees of Congress, shall formulate its rules
and regulations within ninety (90) days after the effectivity of this Act.

Section 59. Separability Clause. — If, for any reason, any section, clause or
term of this Act is held to be illegal, invalid, or unconstitutional, such parts not
affected by such declaration shall remain in full force and effect.

Section 60. Repealing Clause. All laws, presidential decrees, or issuance,
executive orders, letters of instruction, rules or regulations inconsistent with
the provisions of this Act are hereby repealed or modified accordingly.

Section 61, Effectivity Clause. This Act shall take effect immediately after its

publication in the Official Gazette or in at least two (2) newspapers of general
circulation, whichever comes first.

Approved,