Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

THIRTEENTH CONGRESS
First Regular Session

Oat
House Bitl No,_ 193 4

Introduced by Rep. Robert Ace 8. Barbers

EXPLANATORY NOTE

Presently, some 197,000 Filipino seafarers work in 57,000 sea-going vessels operating in
the world which, according to research, compose 27% of employment in that sector.
These so-called unsung heroes or modern day economic warriors have greatly
contributed to our national coffers. Figures released by the Department of Labor and
Employment (DOLE) clearly and sufficiently demo how these overseas Filipino
workers remitted around $6.23 billion roughly P317 billion.

Itis precisely because of the sheer number of current Filipino seafarers and the outbound
student apprentices that legislative measures are considered imperative to ensure their
safety, protect their rights and promote their welfare.

In addition, the risks involved in the seafaring job are distinctly manifest in the number of
complaints lodged in various courts or quasi-judicial agencies in the country. In most
cases, recruitment registered the highest number of complaints regarding exorbitant
placement fees charged by manning establishments.

‘There are cases where the overseas Filipino seafarers are having extreme difficulties in
their just claims because of taxing and protracted litigation. They find it cumbersome on
their part simply because of the nature of their job. Unlike the ordinary land-based
migrant workers, the Filipino seafarers normally are in a mobile state journeying from
‘one port to another around the worl

Considering their substantial economic contribution to the country and their sheer
number abroad, the Filipino seafarers must not merely be appraiscd by what they give
back to the land of their birth through their remittances, but it should be stressed that they
are live labor exports that have rights to be guarded, welfare to be ensured and benefits to
be guaranteed them and their families. After all, they are the proverbial geese that lay the
golden eggs for the country.

In view of the foregoing premises, therefore, the immediate passage of this bill is
earnestly sought and recommended.

ROBERT ACE S. BARBERS.


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(c) The State recognizes the interest of Filipino seafarers and their families, the urgent need to
improve and realign compensation and benefits for seafarers in order to keep them at par with
prevailing international standards and those provided under collective bargaining agreements;

(a) The state shall promote and improve the social and economic status of Filipino seafarers,

their living and working conditions, their terms of employment and career prospects, and

ification

attract and retain in the manning industry more seafarers with proper competency, qu

and skill.
A. SCOPE,

’
SEC. 3. Applicability - All rights and benefits granted under this Act shall, except as

may otherwise’ be provided herein, apply to overseas seafarers as defined in this Act.

UL. DEFINITION OF TERMS

SEC. 4. Definitions - For purposes of this Act:
(a) “Departure” refers to the actual departure from the point of hire of the seafarer through air,
sea or land travel transport to join his vessel in a Philippine or foreign port
(b) “Master” refers to any person having command and charge of the vessel except pilots
(©) “Manning Agency” refers to any person, partnership or corporation duly licensed under

Philippine laws to recruit seafarers to work on board ships navigating the foreign seas, or on

foreign maritime mobile offshore units and for other maritime activities.
() “Overseas Seafarer” refers to any person who fulfills the conditions to be employed or

engaged as part of the crew or complement of the ship navigating the foreign seas other than a

government ship used for military or non-commercial purposes. This term includes seafarers


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serving on foreign maritime mobile offshore units who perform functions similar to those
constituting a crew compliment, fisherman and cruise ship personnel

(e) “Principal” or employer refers to any person, partnership or corporation registered and duly

ties engaging Filipino seafarers.

authorized to engage in overseas shipping acti

* relers to the place indicated in the contract of employment, which shall be

Hire

() “Point «

the basis for detetmihing commencement and termination of contract.

(g) “Philippine Port” refers to any Philippine airport or seaport

(h) “Recruitment and Placement Service” means any person, company, institution, agency or

other organization, in the public or the private sector, which is engaged in recruiting seafarers

on behalf of employers or placing seafarers with employers.

(i “Ship owier” means the owuer of the ship or any other organization or person, such as the
manager, agent or bare boat charterer, who has assumed the responsibility for operation of the
ship from the ship owner and who on assunting such responsibilities has agreed to take over all
the attendant duties and responsibilities.

() _ “STCW” refers to the international Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, as amended.

maritime

(k) “Vessel” includes any ship or boat of any nature whatsoever, ordinarily engaged
navigation other than a government ship used for military or non-commercial purposes.

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JV, RECRUITMENT AND PLACEMENT

SEC. 5. Recruitment and Placement Policies - All persons, companics, institutions, manning
agencies or organizations engaged in private recruitment and placement services shall:

(a) Ensure that no placement fees or other charges for recruitment or for providing employment


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to seafarers are borne directly or indirectly, in whole or part, by the seafarer; for this purpose,
costs of the personal travel document and Seaman’s Book shall not be deemed to be “lees or
other charges for recruitment”,

(b) Determine whether and under which conditions recruitment and placement services may
place or recruit seafarers for overseas deployment,

(c) Specify, with dut regard to the right to privacy and the need to protect confidentiality, the
conditions under which seafarers’ personal data may be processed by recruitment and
placement services including the collection, storage, combination and communication of such.
data to third parties;

,
ms or lists intended to prevent or deter seafarers from

(d) Refrain from using means, mechan

gaining employment.

SEC. 6. Duties of Recruitment and Placement Services - It shall be incumbent upon
recruitment and placement services to ensure that:
(a) Any seafarer recruited or placed by them is qualified and holds the documents necessary for
the job concerned;
(b) Contracts of employment and articles of agreement are in accordance with the standard
terms and conditions governing the employment of Filipino seafarers on-board ocean-going

vessels as prescribed by the concemed agency of the Department of Labor and Employment

(DOLE) and ‘International Convention on Standards of Training, Certification and
Watchkeeping;
(c) Seafarers are informed of their rights and dutics under their contracts of employment and the

articles of agreement prior to or in the process of engagement;

(a) Proper arrangements are sade for seafarers to examine their contracts of employment and


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the articles of agreement before and after they are signed and for them to receive a copy of the

contract of employment;

(e) Adopt and implement measures which guarantee, as far as practicable, that the employer has
the means to protect seafarers from being stranded in a foreign port,
(0 Maintain a register of all seafarers recruited or placed through them and ensure that the same

is available for inspection by the national competent authority.

St

of protecting the welfare and safely of overseas seafarers shall formulate policies on

deployment and,

SEC.

{a) Be a Filipino citizen,

ay at anytime, issue deployment advisories,

(b) Be at least 18 years old,

(c) Be of good moral character,

(d) Meet the standards of medical fitness, particularly with good eyesight and hearing as

cettified by a government accredited medical institution conducting physical and medical

examination for seafarers;

(©) Possess the qualifications and certifications prescribed by the DOLE agency con

well as the requirements of the STCW as amended;

(1) Hold a valid passpor/ seaman’s service record book,

(g) Be registered with and duly certified by the DOLE agency concermed as cligible for overseas

employment.

V. ILLEGAL RECRUITMENT

:

7, Deployment - The government, through the designated DOLE agency, in the interest

8, Qualifications - To be considered eligible for overseas employment, a seafarer must

med a


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SLC. 9. IHegal Recruitment - For purposes of this Act, illegal recruitment shall any act

of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring seafarers and
includes referring, contract services, promising or advertising for employment abroad, whether
for profit or not, when undertaken by a non-license or non-holder of authority contemplated

1 Decree No. 442, as amended, otherwise known as Labor

under Article 13(f) of Presiden
Code of the Philippines: Provided, That any such non-licensee or non-holder who, in any
manner, offers or promises for a fee employment abroad to two or more persons shall be
deemed engaged. It shall likewise include the following acts, whether conunitted by any person,

whether a non-licensee, tlon-holder, licensee or holder of authority:

(a) To charge or accept direetly or indirectly any amount greate} than that specified in the

schedule of allowable fees prescribed by the DOLE agency concemed, or to make a seafarer

pay any amount greater than that actually received by him as loan or advance;
(b) To furnish or publish any false notice or information or document in relation to recruitment

or employment;

{c) ‘To give any false notice, testimony, information or document or commit any act of

misrepresentation for the purpose of securing a license or authority under the Labor Code;

(d) Yo induce or attempt to induce a seafarer already employed to quit his employment in order

1 offer him another unless the tranafer is designed to liberate a scafarer from oppressive terms
and conditions of employment;

{e) To influence or attempt lo influence any person or entity not to employ any seafarer who has
not applied for employment through his agency;

({) To engage in the recruitment or placement of seafarers in jobs harmful to public health or

morality or to the dignity of the Republic of the Philippines;

(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Fimployment or


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by his duly authorized representative;
(h) To fail to submit reports on the status of employment, placement vacancies, remittance of
foreign exchange eamings, separation from jobs, departures and such other matters or
information as may be required by the Secretary of Labor and Employment,

(i) To substitute or alter to the prejudice of this seafarer, employment contracts approved and
verified by the DOLE agency concemed from the time of actual signing thercot by the parties
up to and including the period of the expiration of the same without the approval of the
Department of Labor and Employment; :

@ For an officer or agent of a recruitment, manning or placement agency to become an officer

'
or member of the Board of any corporation engaged in travel agency, or to be engaged directly

or indirectly inv the management of a trayel agency;
(k) To withbold or deny travel documents from applicant seafarers beforé departure for
monetary or financial considerations other than those authorized under the Labor Code and its

implementing rules and regulations;

agency

(1) Failure to actually deploy without valid reason as determined by the DOL

concerned, and.

(m) Failure to reimburse expenses incurred by the seafarer in connection with his
documentation and processing for purposes of deployment, in cases where the deployment does
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not actually take place without the seafarer’s fault. Illegal recruitment when committed by a

syndicate or in large scale shall be considered an offense involving economic sabotage

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

The persons criminally liable for the above offenses are the principals, accomplices and


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accessories, In case of juridical persons, the officers having control, management or direction of

their business shall be liable,

SEC. 10. Penalties

(a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of
not less than six (6) years and one (1) day but not more than twelve (12) years and a fine of not
less than ‘Two hundred thousand pesos (P200,000.00) nor more than Five hundred thousand
pesos (P500,000.00).

(b) ‘The penalty of life imprisonment and a fine of not less than Five hundred thousand pesos
(500,000.00) nor more than One Million pesos (P1,000,000.00) shall be imposed if illegal
recruitment cotistitutes economic sabotage as defined herein: Provided, however, That the
maximum penalty shall be imposed if the person illegally recruited is less than eighteen (18)

yeats of age or committed by a non-license or non-holder of authority.

11, Prohibition on Officials and Employees ~ It shall be unlawful for any official or

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employee of the DOLE agency concemed, or other government agencies involved in the
implementation of this Act, or theit relatives within the fourth civil degree of consanguinity ot
affinity, to engage, directly or indirectly in the business of recruiting overseas seafarers as
defined in this Act, The penalties ‘ovided in the immediate preceding paragraph shall be

imposed upon them.

SEC. 12. Vemuc - A criminal action arising from the illegal recruitment as defined herein
shall be filed with the Regional Trial Court of the province o city where the offense was

committed or where the offended party actually resides at the time of the commission of the


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offense: Provided, That the court where the criminal action is fled shall acquire

jurisdiction to the exclusion of the other courts: Provided, however, first the aforestated

provisions shall also apply to those criminal actions that have already been filed in court at the

time of effectivity of this Act.

SEC. 13, Money Claims - Notwithstanding any provision of law (o the contrary, the Labor
Arbiters of the National Labor Relations Commission (NLRC) shall have the original and
exclusive jurisdiction to hear and decide, within ninety (90) calendar days after the filing of the '
complaint, the claims arising out of an employer-employee relationship or by virtue of any law
or contract involving Filipino overseas seafarers including claimg for actual, moral, exemplary
and other forms -of damages.

The liability of the principal/employer and the recruitment, manning or placement agency for

any and all claims under this section shall be joint and several. This provision shall be

incorporated in the contract for overseas employment and shall be a condition precedent for its
approval. The performance bond to be filed by the recruitment, manning or placement agency,

as provided by law, shall be answerable for all money claims or damages that may be awarded

to the seafarers. If the recruitment, manning or placement agency is 4 juridical being, the

corporate officers and directors and partners as the case may be, shall themselves be jointly and
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solidarity liable with the corporation or partnership for the aforesaid claims and damages,
Such liabilities shall continue during the entire period or duration of the employment
contract and shall not be affected by any substitution, amendment or modification made locally
or ina foreign country of the said contract. Any compromise/amicable settlement or voluntary «

agreement on money claims inclusive of damages under this section shall be paid upon the

approval of the settlement by the appropriate authority,


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In case of termination of overseas employment without just, valid or authorized cause as
defined by law or contract, the scafarer shall be entitled to the full reimbursement of his
placement fee with interest at twelve percent (12%) per annum, plus his salaries for the
unexpired portion of his employment contract or for three (3) months for every year of the

unexpired term, whichever is less,

Noncompliance with the mandatory petiod for resolutions of cases provided under this
section shall subject the responsible officials to any or all of the following penalties:

(a) The salary of such official who fails to renders his decision or regolution within the

prescribed period shall be, or caused to be, withheld until the said official complies therewitl
,

(b) Suspensivn for not more than ninety (90) days; or or,

(c) Dismissal from the service with qualification to hold any appointive public office for five (5)

years.
Provided, however, that the penalties herein provided shall be without prejudice to any

liability which any such official may have incurred under other existing laws or rules and

regulations as a consequence of violating the provisions of this paragraph

SEC. 14, Mandatory Periods for filing of Illegal Recruitment Cases - The preliminary
investigations of cases under this Act shall be terminated within a period of thirty (30) calendar

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days from the date of their filing. Where the preliminary investigation is conducted by a

prosecution officer and prima facie case is established, the corresponding information shall be
filed in court within twenty-four (24) hours from the termination of the investigation. If the
preliminary investigation is conducted by a judge and a prima facie case is found to exist, the
corresponding information shall be filed by the proper prosecution officer within forty-eight

(48) hours from the date of receipt of the records of the case.


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under this Act shall prescribe five

SKC. 15, Prescriptive periods - Illegal recruitment cas

(5) years afler the commission of the prohibited act: Provided, however, That illegal recruitment
cases involving economic sabotage as defined herein shall prescribe in twenty (20) years afler

the commission of the prohibited act.

SEC. 16, Free Légal Assistance - Preferential Entitlement Under the Witness Protection
Program - A mechanism for free legal assistance for victims of illegal recruitment shall be
established within the DOLE including ite regional offices. Such mechaniom must include
coordination and cooperation with the Department of Justice, the Imegrated Bar of the
Philippines, and other non-governmental organizations and voluatoct ‘groups.

The provisions of Republic Act No. 6981 (0 the contrary notwithstanding, any person who is

a victim of illegal recruitment shall be entitled to the Witness Protection Program provided

thereunder
VI. CONDITIONS OF EMPLOYMENT AND SOCIAL WELFARE BENEFITS

The Employment Agreement
SEC. 17. Employment Agrecment - The employer shall provide for a written employment
)
agreement being drawn up with the seafarers conceming ship work. ‘The agreement shall

contain the terms and conditions stipulated in the standard employment contract drawn up by

the DOLE agency concemed, in particular the seafarer’s period of employment which includes

the commencement and duration of the seafarer’s contract; seafarer’s right to free passage and
his service records; provision on rest periods; calculation and payment of the seafarer’s wages

and remittances; accounting of wages; limitations on wage deductions: saved wages, seafarer’s


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place of discharge and notice of termination; and port of departure.

Health and safety

SEC. 18. Prevention of Health Hazards - Work on board the vessel must be so organized and
executed that the seafarer's life, health and welfare is well and appropriately.looked after, When
a seafarer is assignéd (o work, duc regard shall be paid to his qualifications to undertake the
work on a safe and sound basis. Provisions shall be made to ensure that the seafarer is informed

of the hazards inherent in the work, and that he is given the proper guidance and adequate

practice necessary to avoid such hazards.

SEC. 19.° Sanitary Conditions - Measures should be undertaken to control hygiene,
accommodation and cleanliness on board. The master shall ensure that the crew is provided a
good and sufficient diet. He should also guarantee that the crew receives the necessary

vaccination or inoculation as required by the circumstances or the laws of any country within

the territorial jurisdiction of which the vessel may enter.

SEC. 20, Medical Examination and Medical Service - A Seafarer engaged to perform
services on board a ship shall produce a medical certificate to the effect that he is not suffering
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from any illness or physical or mental defect rendering him unfit for service or which cannot
constitute a danger to other persons on board Any member of the crew may also be required to;
submit to a medical examination if the master has reason to believe that such examination is
necessary to monitor and maintain the health and environmental conditions on board the vessel.

‘The ship owner shall shoulder the expenses for the medical examination and services referred to

in this section.


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SEC. 21, Protection from Sexual Harassment - It shall be the duty of the master and the
employer to prevent or deter the commission of sexual harassment and to provide procedures
for the resolution, settlement or prosecution of acts of sexual harassment, Sexual harassment is
committed by an employer, employee, supervisor, agent of the employer, or any other person
who, having authority, influence or moral ascendancy over another ii 4 work environment,
demands, requests or otherwise requires any sexual favor from another, regardless of whether

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

SUC, 22, Facilities for Women Seafarers - ‘The Employer shall insure the safety and health of

cilities. Medical services for women-

women seafarers by providing adequate quarters and fi

related conditions shall likewise be made available when necessary.

SFC. 23. Discrimination Against Pregnancy - It shall be unlawful for an employer to require
as a condition for employment or continuation of employment that a woman seafarer shall not
get pregnant during the term of employment. A pregnant seafarer shall be entitled to apply for

leave of absenco immediately upon discovery of pregnancy or assigned to other suitable work.

SEC. 24, Requirements for Ship Safety and Seaworthiness - Every ship owner shall develop,

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implement and maintain a safety management system (SMS) in all ships in accordance with

international maritime law, standards and conventions.
The SMS shall include the following minimum functional requirements:
(a) A safety and environmental protection policy;

(b) Instructions and procedures to ensure safe operation of ships and protection of the

environment in compliance with relevant international and flag state legislation:


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(c) Defined levels of authority and lines of communication betwee
shipboard personnel;

(d) Procedures to ensure that the ship is maintained in conformity with relevant rules and

regulations, .

(©) Procedures to identify and promote the reliability of equipment and technical systems to
prevent suddch operational failure, which may result in hazardous situations:

(1) Measures for the regular testing of stand-by arrangements and equipment or technical
systems that are not in continuous use;

(g) Procedures for reporting accidents and violations or non-compliance of this Section; and,

(h) Procedures to prepare for and respond to emergency situations

IC more than half of the crew makes a complaint to the master regarding any violation
deficiency or non-compliance with the foregoing paragraph and such violation, deficiency or
non-compliance poses a danger to persons, property or the environment after taking into
account the size and type of the ship and the length and nature of the voyage, or if the chief
engineer or first mate makes a similar complaint; the master shall take steps to ensure that the
ship will not sail unless and untit such violation, deficiency or non-compliance is corrected to

the extent that the danger has been removed, without prejudice to other applicable provisions of

relevant international laws, standards and conventions.
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SEC. 25. Short Manning - Where a vessel’s complement falls short of the minimum manning

requirements, for whatever reasons the wages saved thereby shall be distributed evenly among
the members of the reduced complement, or where applicable, as maybe provided for in a

collective bargaining agreement.


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SEC, 26. War and Warlike Operations Allowance - If at the time of the signing of the
contract, an area is declared a war or war-risk trading area and the seafarer binds himself in
writing to sail into that area, the agreement shall be properly appended to the contract for
verification and approval by the DOLE agency concerned. The seafarer shall comply with the

agreement or shall bear his cost of repatriation when he opts not to sail into war or war-risk

trading area.

The seafarer when sailing within war-risk trading area shall be entitled to such premium pay

as the recognized competent authority may determine. .

Social Securit and Disability Benefits
SEC. 27. Care of the Sick or Injured - In case of illness or injury during the term of
employment, the master shall arrange for the seafarer to receive proper nursing care on board ot
ashore, including medical attention, medicines and maintenance.
The Sick or injured scafarer shall continuc to receive his wages during the time he is under
contract,
If the work related injury or illness requires medical and/or dental treatment in # foreign port,
the employer shall be liable for the full cost of such medical, serious dental, surgical and

hospital treatment as well as board and lodging until the seafarer is declared fit to work or to be

repatriated. ,

SEC. 28. Care for Repatriated Seafarer - If after repatriation, the seafarer still requires

medical attention arising from said work related injury or illness, he shall be so provided at cost

to the employer until such time he is declared fit or degree of his disability has been established

by the employer-designated physician


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SEC. 29, Disability - In case of work related total or partial disability of the seafarer during
the term of employment caused by either injury or illness the seafarer shall be compensated in
accordance with the schedule of benefits prescribed by the DOLE agency concerned
Computation of his benefits arising from an illness or disease shall be governed by the rates and
the rules of compensation applicable at the time the illness or disease was contracted.

No compensation shall be payable with respect to any injury, incapability, disability or death
of the seafarer resulting from his willful or criminal act: Provided however, That the employer
can prove that such injury, incapability, disability or death ix directly attributable tw the
seafarer

When requested, the employer shall furnish the seafarer a copy of all pertinent medical
reports or records at no cost to the seafarer.

SI

30. Compensation and Benefits for Death- In case of work-related death of the seafarer
during the terms of his employment, the employer shall pay his beneficiaries the corresponding
death benefits. The benefits shall be separate and distinct from and shall be in addition to

whatever benefits the seafarer is entitled to under Philippine laws and regulations, Social

Security System, Overseas Workers Welfare Administration and Pag-ibig, if applicable

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SEC. 31, Employer's Liability in Case of Death - When the seafarer dies as a result of work-

related injury of illness during the term of employment, the employer's liability are as follows
(a) The employer shall pay the deceased’s beneficiary all outstanding obligations due the
seafarer under his Contract;

(b) The employer shall notify the next of kin and make arrangement for burial or for the

ation of the coffin. ‘The master shall also inform the nearest Philippine Embassy or



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jn Service of the death. The remains and personal effects of the seafarer shall be
transported to the Philippines at employer's expense except if the death occurred in a port where
local government laws or regulations clo not permit the transport of such remains. In ease death
oceurs at sea, the disposition of the remains shall be handled or dealt with in accordance with
the master’s best judgement. In all cases, the employer/master shall communicate with the
manning agency to Advise for disposition of the seafarer’s remains; and

(c) The employer shall pay the seafarer’s burial expenses.

SEC. 32. Payment of Benefits - The employer shall ensure expeditious arrangements for the
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payment of death or personal injury benefits provided in this title.'The employer shall likewise
arrange for adequate insurance coverage.

Prompt payment of the seafarer’s claim shall be ensured by the employer and all valid

val claims shall be promptly paid in full. The employer or all its insurers should not

contr
persuade seafarers to accept payments less than the amount of benefits they are entitled to. The
seafarer or his family shall not be precluded from demanding for the full amount he is entitled

to despite the execution of a waiver or quit claim.

VILL. DISCIPLINARY AND DISPUTE SE
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PLEMENT PROCEDURE

SEC. 33. Duties of the Employer/Master -

(a) To faithfully comply with the stipulated terms and conditions of the employment contact,
particularly the prompt payment of wages, remittance of allotment and the expeditious
settlement of valid claims of the seafarer; and

(b) ‘To make operational on board the vessel the grievance machinery provided in this contract


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and ensure ils fiee access at all times by the seafarer

SEC. 34. Duties of the Seafarer -

(a) To faithfully comply with and observe the terms and conditions of his contract, violations of

which shall be subject to disciplinary action;

(b) ‘To treat the ship And the cargo with proper care and carry out his duties as a whole with due

responsibility:

(c) Yo comply with company rules, regulations; and policies consistent with the rules and

regulations issued by the DOL

(@) To conduct himself in an orderly and respectful manner towards passengers and shippers

stevedores, port authorities and other persons official business with the ship. Each shall treat
his her cotleagues on board with due consideration; and
(c) To observe the grievance procedure outlined in this Act

SEC. 35. Disciplinary procedures - The Master shall furnish erring seafarers with a written
notice containing the grounds for the charges. The date, time and place for a formal
investigation of the charges against the seafarer concerned shall likewise be indicated in said
notice

,
The Master or his authorized representative shall conduct the investigation or hearing,

giving the seafarer the opportunity to explain or defend himself against the charges. An entry
‘on the investigation shall be made in the ship's logbook. If after the investigation or hearing,
the Master is convinced that imposition of a penalty is justified, the Master shall issue a written
notice of penalty and the reasons therefor to the seafarer, with copies furnished to the manning

agency which deployed said seafarer.


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The aggrived seafarer may appeal in writing within a period of five (5) days from the date
the Master rendered decision to a grievance resolution commilice composed of one (1)
representative from the ratings to be chosen by the concemed seafarer, one (1) representative
from the officers level to be chosen by the Master, and one (1) neutral party to be agreed on by
the concerned seafarer and shipmaster

‘The grievance resolution committee shall review the appeal within a period of not more than
fifieen (15) days from the date of appeal. Execution of judgement is deemed suspended upon
filing of the appeal.

'
SEC. 36. Grievance Machinery - :

(a) If the seafarer considers himself aggrieved, he shall make his complaint in accordance with

the following procedures:

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

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

3. ‘The Department head shall seek to resolve the complaint or grievance and, where solution
is not possible to his level, refer the complaint or grievance to the Master who shall handle the

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ease personally, :

4. If the seafarer is not satisfied with the decision of the Master, he may appeat following
the Procedure on Disciplinary and Dispute Settlement under Sec. 35 Par. 3. - Disciplinary
Procedures,

5. The grievance resolution committee shall seek to address and resolve the grievance

within a period of fifleen (15) days upon receipt of written appeal.


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6. If no satisfactory result is achieved, the seafarer concerned may appeal to the
‘management of the company or with The Philippine Labor Attaché or consular officer overseas
or be paid within four (4) months from the approval of the settlement by the appropriate
authority.

In case of termination of overseas employment without just, valid or authorized cause as
defined by Jaw of Ecnitract, the seafarer shall be entitled to his or her salary for the unexpired
portion of his employment contract.

7. Ifafter the grievance procedure the master finds that the eeafarer violated the terms of

is contract or has conumitted breach of discipline, the Master shall discipline the seafarer or, if
,

warranted, terminate his employment. on

8. The seafarer may also seck the assistance of the highest-ranking Filipino seafarer on

board.

(b) When availed of by the seafarer, the grievance procedure and all actions or decisions agreed

upon shall be properly documented for the protection and interest of both parties

SEC, 37. Dispute settlement — All disputes involving seafarers are subject to the grievance
machinery procedure stated in this Act and prior recourse thereto is a pre-condition to actions
that may be brought by the seafarers or the company before the NLRC and the concemed
DOLE agenzy over any disciplinary action or case, involving or arising out violations of

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recruitment lays, rules and regulations involving employers, principals, contracting partners
and Filipino seafarers; or to the exclusive and original jurisdiction of the voluntary arbitrators or
panel of arbitrators appointed from the accredited voluntary arbitrators of the National

Conciliation and Mediation Board (NCMB) of the DOLE, or as may be prescribed by the

collective bargaining agreement, if any; or to the courts


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No other action, case, dispute or controversy involving terms and conditions of employment

tituted

of seafarers and matters arising from employer-employee relations, shall be filed oF
directly in court or any government office or agency for arbitration or adjudication, unless a
certification is presented to the effect that the grievance has been the subject of the grievance

inery procedure provided in this Act for possible mediation or conciliation and that no

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conciliation or sefileinent has been reached, or unless the settlement has been repudiated by the
parties thereto.

Any award or grant in the disposition made by said agencies in accordance with this Act
shall be deemed as satisfaction of all monetary claims of the complainant seafarer including

'
those arising from quasi-delict. wb,

SEC. 38. Voluntary Arbitration - Pursuant to the constitutional mandate on the preferential
use of voluntary modes of dispute settlement, the DOLP agency concerned shalt adopt
procedural guidelines in the conduct of voluntary arbitration proceedings in voluntary
arbitration cases involving the maritime sector, and promote the use of voluntary arbitration

among the seafarers and the various sectors of the maritime industry.

SI

39. Liability for Claims - ‘The liability of the principaVemployer and the manning

agency for any claims made by an overseas seafurer under this Title shall be joint and several

~ 40. Prescription - Recognizing the peculiar nature of overseas shipboard employment,

all monetary claims arising from the seafarer’s contract shall be made within three (3) years

from the date of the seafarcr’s return to the point of hire.

VIL POST EMPLOYMENT AND REPATRIATION


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SEC. 41, Termination of Employment - The employment of the seafarer shall cease when the
scafarer completes his period of contractual service aboard the vessel, signs-off from the vessel
and arrives at the point of hire.

The employment of the seafarers is also terminated when the seafarer arrives the point of
hire for any of the following reasons:

(a) When the seafarers signs-off and disembarks for medical reasons;

(b) When the seafarer signs-off due to shipwreck, ship’s sale, lay-up of vessel, discontinuance
of voyage or change of vessel;

(c) When the seafarer voluntarily resigns and signs-off prior to expiration of coutract;

(d) When the seafarer is discharged for just cause. '

A seafarer certificate shall confirm the pregnancy if requested by the employer.

42. Termination by the Seafarer -
{a) A scafarer may terminate the employer-cmployce relationship based on the following just

causes:

1) The ship is not in a seaworthy condition;

2) The principal changes;

3) The vessel is sold;

4) The vessel is sbipoecked; ”

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

6) Where the voyage is discontinued or substantially altered;

7) After the seafarer starts on board it appears that the ship risks being seized

by a belligerent power or exposed to war damage, or that such risk has increased considerably,


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or

8) After the scafarer starts onboard it appears that a violent epidemic disease

has broken out in the port for which the ship is bound.
(b) In cases mentioned in paragraph (a), subparagraphs 6-8 hereof, the seafarer may take his

departure with immediate effect if the voyage has not commenced, or otherwise at the ship's

first port of call’after has become aware of the situation,

SEC. 43. Transfer - A seafarer may not be transferred at any port to any vessel owned or

operated, manned or managed by the same employer without the seafarer’s consent. Upon such
'

transfer, the: position of the seafarer and the rate of his wages gnd terns of services shall no in

no way be inferior and the total period of employment shall not exceed that originally agreed

upon. Any form of transfer shall be documented and reported by the manning agencies of the

DOLE agency concerned.

SEC. 44, Repatriation - ‘The repatriation of the seafarer and the transport of his personal
eflects shall be the primary responsibility of the manning agency which recruited or deployed

the seafarer. All costs attendant to repatriation shall be borne by or charged to the manning
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agency concemed and/or ils principal. The expenses of repatriation shall include the

transportation charges, the accommodation and the food of the scafarer during the jowney
They shall also include the maintenance of the seafarer up to the time fixed for his departure
However, in cases where the termination of emplayment is due solely to the fault of the worker,

the principaV/employer or manning agency shall not in any manner be responsible for the

repatriation of the former and/or his personal effects.


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SEC. 45, Emergency Repatriation - The DOLE in coordination with appropriate government
and international agencies, particularly DFA and OWWA, shall undertake the repatriation of

. disaster or calamities, natural or man-made, and other

seafarer in cases of war, epidemi
similar events without prejudice to reimbursement by the responsible principal or manning
agency. However, in cases where the principal or manning agency cannot be identified, all costs

attendant to repatriation of the scaman shall be borne by the emergency repatriation.

SUCTION 46. Repatriation of Underage Seafarers - Upon discovery or being informed of the
presence of'a seatarer whose actual age falls below the minimum age requirement prescribed by
Philippine law, the concerned Philippine foreign service oftcer ‘shall without delay repatriate
said seafaret and advise the Department of Foreign Affairs and the Department of Labor and
Employment as soon as possible of such discovery and other relevant information

For the purpose of this Act, underage seafarers would mean those who are below eighteen

(18) years: old,

SEC. 47. Post-Employment Benefits - In addition to whatever benefits they are entitled to
under the Social Security System and the Overseas Workers Welfare Administration, if
applicable, retiring seafarers covered by collective bargaining agreements shall be entitled to

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such post-employment benefits as may be provided in their respective agreements. Unorganized

seafarers on the other hand may, upon notice to their manning agencies and principals,
authorize the deduction of a specified percentage of their monthly wages to form part of the

seafarers self-contributed post-employment fund. The amount to be deducted shall be placed in

an account in the name of the contributing seafarer.


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1X. REINTEGRATION/RE-PLACEMENT SERVICES

SEC. 48. Retraining and Re-integration - Returning or employed seafarers may avail of the

livelihood development/retraining programs and re-placement services offered by the concerned

agencies, including OWWA, TESDA, Technical and Livelihood Resource Center, and the
Cooperative DeVelopment Authority.

‘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 the
local port and shipping industry, aud maritime educational institutions, shall likewise be

solicited by the DOLE devising the appropriate retraining and local job placement programs for

unemployed seafarers,
:

SEC. 49. Scholarship Program - Qualified overseas seafarers or their immediate descendants,

‘ho inten to pursue science and technology related courses, may through the concerned DOLL:
agency apply for scholarships under the Congressional Migrant Workers Scholarship Program
which shall benefit deserving overseas seafarers and/or their immediate descendants below
twenty-one (21) years of age, who intend to pursue courses or training primarily in the field of
science and technology.

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‘The DOLE, in coordination with the CHED, shall establish a similar program for domestic

seafarers within a period of three (3) years from the enactment of this Act.
X. FINAL PROVISIONS

SIC. $0. Funding Provision - The amount necessary to carry out the provisions of this Act


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shall be provided tor in the General Appropriations Act of the year following its enactment

Jaw and thereafter.

SEC. 51. Enforcement - The DOLE and its designated agencies shall be charged with
carrying out the provisions of this Act. Together they shall within ninety (90) days after the
offectivity of this Act formulate its rules and regulations.

SHC. $2. Separability Clause - If any provision of this Act be declared unconstitutional, the

remaining provisions shall continue to be in force. :

SEC. 53. Repealing Clause - Any law, presidential decree or isjuance, executive order, letter

of instruction, administrative order, rule or regulation contrary to, or inconsistent with, the

provisions of this Act, is hereby repealed, modified or amended accordingly

SEC, 54. Effectivity Clause - This Act shall take effect fifteen (15) days after its publication

in at least two (2) newspapers of general circulation

Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

THIRTEENTH CONGRES
First Regular Session

House Bill No. 193%

Introduced by Rep. Robert Ace S. Barbers

AN ACT
TO ESTABLISH A HIGHER STANDARD OF PROMOTION AND
PROTECTION OF THE RIGHTS AND WELFARE OF FILIPINO OVERSEAS
SEAFARERS AND FOR OTHER PURPOSES

SECTION 1. Short Title ~ this Act shall be known as the “Overseas Seafarers Act.”

1, GENERAL PROVISIONS

SECTION 2. Declaration of Policy —

(a) ILis the policy of the State to afford protection to Filipino overseas scafarers
and their families, promote their interest and safeguard their welfare;

(b) The State through the agencies concerned shall secure the best terms and
conditions of employment for Filipino overseas seafarers and ensure

compliance therewith;