PRES,
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Republic of the Philippines wy
HOUSE OF REPRESENTATIVES, o RECEIVED =
‘Quezon City 3 pate dul 072 07 2022
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NINETEENTH CONGRESS \\*_ ta
First Regular Session %

515

HOUSE BILL NO.

Introduced by TUCP Party-List
Rep. RAYMOND DEMOCRITO C. MENDOZA.

EXPLANATORY NOTE

The reported 300,000 to 700,000 Filipino seafarers in international ocean-going vessels
around the world, along with their families, is more than enough reason to institutionalize the
Magna Carta of Filipino Seafarers. Since the Maritime Labor Convention (MLC) of 2006 has
been ratified by the Senate of the Philippines, we have reached a consensus among
stakeholders that there is a need to “seal the standards and provisions” for the Filipino
seafarers and their families, and is in fact, long overdue. As the biggest supplier of seafarers
in the world, the Philippines is obliged to pass the bill protecting maritime workers and their
families.

As the 30" country to ratify the Maritime Labor Convention of 2006, the Philippines is duty-
bound to pass the Magna Carta of Filipino Seafarers which has been languishing in Congress
since 2012

‘The Maritime Industry Tripartite Council (MITC) of the Department of Labor and
Employment for its part has provided us the springboard to pass the Law. The MITC
technical working group composed of representatives from labor, employer and government
sectors has already conducted a series of discussions, dialogues and TWGs to arrive at a
common bill that embodies comments and inputs from the maritime stakeholders during the
area-wide advocacy and consultation workshops on the implementation MLC 2006.

This Bill institutionalizes the interests and welfare of Filipino seafarers by recognizing their
rights, instituting mechanisms for the enforcement and protection thereof, providing for
compulsory benefits and implementing the standards set by the MLC 2006.

The legally mandated rights of workers as prescribed by our laws and the internationally-
accepted core labor standards are observed and covered in this measure, including the right to
just terms and conditions of work, the right to decent wage, the right to health protection and
medical care onboard ship and ashore, the right to self-organization, the right to collectively
bargain, the right to security of tenure, the right to educational advancement and training at

1


reasonable and affordable costs, the right to relevant information, the right to consultation,
the right against mination, the right to legal representation, and the right to access to
communication.

As for the ship-owners, the provisions covering the duties of the seafarers, terms and
condition of work, repatriation, manning requirement, and settlement of disputes, incentives
and awards to be granted to the industry, and the systematic role of concerned government
agencies will be advantageous rather than burdensome and costly. From here we can expect
high quality service that our seafarers will provide for the industry.

We have also been informed during deliberations in the past Congresses that the maritime
industry is also prey to alleged exploitation and manipulation by alleged abusive seafarers
who tries to claim more than what is due. And so what better way to curtail such mischievous
rackets but to enact into law the MLC 2006. This Bill also sets incentives scheme to the
industry which observes best practices in its labor relations and standards.

All these initiatives should be complimented with a systematic inter-government agency
efforts to ensure that the laws are properly implemented and that there is no overlapping of
functions and mandates from among all involved agencies.

With all the ongoing liberalization of business and trade policies, the increasing number of
Filipino seafarers around the world, and the flourishing economic prospects it brings us, it is
only right and fitting that we give back to the maritime industry workers and that while they
are away, they are confident that their hardwork and toil are not put in vain as their families
enjoy the fruits of their labor back home.

Hence, the enactment of this Bill is eamestly sought.

RAYMOND DEMOCRATO C. MENDOZA.
Representative, TUCP Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

1515

HOUSE BILL NO.

Introduced by
RAYMOND DEMOCRITO C. MENDOZA
Representative, TUCP Partylist

AN ACT INSTITUTING THE MAGNA CARTA OF FILIPINO
SEAFARERS

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

CHAPTER |
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Magna Carta of
Filipino Seafarers.”

SEC. 2. Declaration of Policies. — \t is hereby declared the policy of the
State:

(a) To afford Filipino seafarers full protection before, during and after
employment by granting them certain rights as maritime professionals,
in recognition of their unique role and contribution to national
development;

(b) To maintain and progressively develop a pool of competent and world-
class seafarers through a system of education, training, accreditation
and licensing;

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

(d)To enact laws that adopt, and implement the standards set by
international conventions and agreements on working and living
conditions, and occupational safety and health, among others, for
seafarers particularly the Maritime Labour Convention, 2006; and


(e) To recognize shipowners, manning and recruitment entities as vital
partners in promoting the skills and competencies of Filipino seafarers.

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. The State shall further
promulgate policies and programs to uplift the socio-economic well-being of the
families of ino seafarers.

SEC. 3. Applicability. -This Act shall cover Filipino seafarers engaged,
employed, or working in any capacity on board Philippine registered ships operating
domestically or internationally, as well as those on board foreign registered ships.

This Act shall not cover the following categories of ships:
(a) Warships and naval auxiliaries;
(b) Government ships not engaged in commercial operations;

(c) Ships of traditional build, as may be defined under existing rules and
regulations; and

(d) Fishing vessels.
SEC. 4. Definition of Terms. — As used in this Act:

(a) Cadet refers to a student of a maritime educational institution who is
required to undergo training on-board registered international ships or
domestic ships to fulfil a maritime academic course;

(b) Domestic Shipping refers to the transport of passenger or cargo or
both by ships duly registered and licensed under Philippine law to
engage in trade and commerce between Philippine ports and within
Philippine territorial or internal waters for hire or compensation with
general or limited clientele whether permanent, occasional or
incidental, with or without fixed routes and undertaken for contractual
or commercial purposes;

(c) 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;

(d) License 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;

() Manning/Recruitment and Placement Agency refers to any Filipino
person, corporation, partnership, company, or other entity engaged in
the canvassing, enlisting, contracting, transporting, utilizing, hiring or

2


procuring whether for profit or not, of seafarers whether domestic or
international;

(f) Maritime Industry Stakeholders refer to all private sector
stakeholders, engaged in the business of owning, managing,
chartering or operating domestic and international ship(s) of Philippine
or foreign registry, manning of ships, management of ports,
stevedoring and arrastre services, ship brokering and chartering, ship-
building and ship repair, providing maritime services such as ship
supplies and provisions, maritime education and training, shipping
agency, and other similar activities.

This term shall also include bona fide maritime labor organizations and
professional associations of seafarers;

(g) Master refers to a person having command of a ship;

(h) Maritime Labour Certificate refers to the document that certifies that
the working and living conditions of the seafarers on the ship have
been inspected and are compliant with the requirements of Philippine
laws and regulations;

(i) Officer refers to a member of the crew other than the master who has
been designated as such by national law or regulation or, in the
absence of such designation, by collective agreement or custom;

() Deck Officer refers to an officer qualified in accordance with Chapter II
of the International Convention on the Standards of Training,
Certification and Watchkeeping for Seafarers (STCW) 1978, as
amended;

(k) Engine Officer refers to an officer qualified in accordance with
Chapter Ill of the International Convention on the Standards of
Training, Certification and Watchkeeping for Seafarers (STCW) 1978,
as amended;

r()

Philippine National refers to any individual who is a 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;

(m) Philippine Seafarers’ One Stop Processing Center (PSOC) refers
to the facility created under DOLE Administrative Order No. 56, series
of 2003, which houses multiple offices or agencies involved in
providing services to seafarers, in one place;

(n) Point of Hire refers to the place where the contract of employment
was executed;


(0) Recognized Organizations refer to organizations recognized by the
DOLE to carry out inspections or issue the Maritime Labour Certificate
in accordance with the scope of activities covered by their
authorizations;

(p) Repatriation refers to the process of returning a seafarer to the point
of hire;

(q) Seafarer refers to a person who is employed or is engaged to work in
any capacity on board a ship to which the Act applies;

(0) Ship or Vessel refers to any kind, class or type of craft or artificial
contrivance capable of floating in water, whether publicly or privately
owned, ordinarily engaged in commercial activities and offshore
operations, except fixed platform;

(s) Sea Going Ship refers to a ship other than those which navigate
exclusively in inland water or water within or closely adjacent to
sheltered water, or areas where port regulations apply;

(t) Shipowner refers to the owner of the ship employing Filipino seafarers
to work on board domestic ships and ships engaged in international
trade, 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, and who, in assuming such
responsibilities, has agreed to take over all the attendant duties and
responsibilities of a shipowner under this Act, regardless of whether
any other organization or persons fulfil certain of the duties or
responsibilities on behalf of the shipowner.

CHAPTER Il
SEAFARERS’ RIGHTS

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

(a) Safe and secure workplace that complies with safety standards;
(b) Decent working and living conditions on board a ship;

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

() 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.


SEC. 6. Right to Self-organization, to Engage in Collective Bargaining
and to Participate 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.

SEC. 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.

No fee or other charges shall be imposed on cadets, interns, apprentices, on-
the-job-trainees or other persons similarly situated.

Toward this end, relevant government agencies shall:

(a) regulate the operation of all educational and training institutions offering
courses related to seafaring;

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

(c) promote quality maritime education and training that respond to the
needs of the industry and in accordance with minimum international
maritime standards of competency.

SEC. 8. Right to Relevant Information. — Shipowners, manning agencies,
and other organizations responsible for the recruitment and placement of Filipino
seafarers shall be mandated to provide seafarers relevant information, including the
terms and conditions of employment and company policies affecting seafarers. This
right shall include the right of seafarers organizations to relevant information
affecting the terms and conditions of employment of their members.

All ships covered by this Act shall have a copy of the Maritime Labour
Convention of 2006 and the grievance procedures observed on board.

SEC. 9. Right to Consultation. — Seafarers, shipowners and legitimate
seafarers’ and shipowners’ organizations, as well as other relevant stakeholders,
shall be adequately consulted before adopting any maritime policy, executive
issuance, rule or regulation affecting seafarers and their families is promulgated, or
before any maritime law that may directly affect them is enacted

SEC. 10. Right Against Discrimination. — Upon employment, seafarers
shall have the right against discrimination by sole reason of race, sex, religion and
political opinion. Career opportunities shall be promoted and appropriate working
and living conditions shall be guaranteed equally among male and female seafarers.

SEC. 11. Right to Free Legal Representation. — Seafarers who are victims
of violations of the provisions of this Act and who cannot afford the services of a

5


competent and independent counsel shall have the right to free legal assistance and
protection at government's expense, subject to existing rules and regulations.

SEC. 12. Right to Access to Communication. — Seafarers, especially
during their free time or when they are not on duty shall have reasonable access to
ship-to-shore telephone communications, and email and internet facilities, where
available.

CHAPTER Iil
DUTIES OF SEAFARERS

SEC. 13. Seafarers shall have the following duties:

(a) To comply with and observe the terms and conditions of the
employment contract;

(b) To abide by lawful and reasonable company personnel policies;

(c) To be obedient to the lawful commands of the Master or the
Master's lawful successor, and to comply with the
shipowner's/principal’s policy on safety and operational
procedures and instructions given in connection therewith;

(d) To be diligent in the performance of duties relating to the ship,
its stores, equipment and cargo, whether on board, in transit or
ashore;

(e) To be, at all times, orderly and respectful to the shipmates,
passengers, shippers, stevedores, port authorities, and other
persons who have official business with the ship; and

(f) To be personally responsible for maintaining a healthy lifestyle.

CHAPTER IV
MINIMUM REQUIREMENTS FOR SEAFARERS

SEC. 14. Minimum Age. - No person below eighteen (18) years old, other
than a cadet, shall be employed, engaged, or otherwise allowed to work on board
Philippine registered ships operating domestically or internationally, as well as on
board foreign registered ships.

SEC. 15. Medical Certificates. — No seafarer shall be employed, engaged,
or otherwise allowed to work on board a domestic or ocean-going ship unless a
medical certificate has been issued declaring the seafarer to be fit to work.

The seafarer shall hold a valid medical certificate issued by a medical facility
duly accredited by the Department of Health (DOH) in accordance with its existing
rules and regulations.


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

For the purpose of this Section, a medical certificate issued in accordance
with the requirements of STCW shall be accepted.

SEC. 16. Training and Qualifications. — Only seafarers certified by
appropriate government agencies shall work, be employed or be engaged on board
a ship.

SEC. 17. Recruitment and Placement. - 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 the rules and regulations
as may be issued by the Secretary of Labor and Employment.

No amount or fee shall be charged to the seafarer for their recruitment and
placement.

SEC. 18. Contracting or Subcontracting of Services. - The contracting or
sub-contracting of seafarers for work on board domestic ships shall be governed by
existing rules and regulations issued by the Department of Labor and Employment
(DOLE).

CHAPTER V
CADETSHIP

SEC. 19. Applicability. — The shipboard training of cadets shall be governed
by Sections 5 to12 of Chapter Il; Section 13 of Chapter III; Section 15 of Chapter IV;

Sections 22 to 23 of Chapter VI; Sections 25 to 27 of Chapter VII; Sections 31 to 35
of Chapter IX; Section 36 of Chapter X; and Section 42 of Chapter XIV hereof.

SEC. 20. Shipboard Training Agreement for Cadets. — There shall be a
written agreement between the shipowner on one hand, and the cadet and the
maritime institution or school on the other, and which shall include the following
information, terms and conditions:

(a) Cadet's full name, date of birth, birthplace and age, which should be at
least 16 years old;

(b) Name and address of the maritime institution or school;
(c) Name and address of the shipowner, if applicable;
(d) Place and date when the cadet’s agreement is entered into;

(e) Capacity in which the cadet is to be trained;


(f) Amount of the cadet’s allowance or stipend;

(g) Required number of hours of training and rest which would not be less
than the prescribed hours of work and rest in Section 21 of this Act;

(h) Duties and responsibilities of the sponsoring company, Maritime Higher
Education Institutions, and cadets, as may be provided under the
Standard Cadet Training Agreement on Ships Engaged in International
Voyage of the Philippine Overseas Employment Administration
(POEA); and

(i) Other benefits in accordance with law, company policy or agreements.

The foregoing agreement shall be written in a working language or in English,
executed in three (3) original copies before the commencement of the shipboard
training. The shipowner, cadet and the maritime institution/school shall each have a
signed original of the agreement and an electronic copy thereof shall be submitted to
the DOLE, through the Bureau of Working Conditions (BWC). A signed original copy
shall also be made available on board the ship.

Maritime Higher Education Institutions (MHElIs) shall demonstrate that over
the last three (3) years, an average of at least the minimum percentage of the target
number of cadets, as per updated relevant CHED Memorandum Order are able to
secure berths in connection with their studies, which minimum percentage, however,
shall not be lower than sixty percent (60%) of students enrolled in their Bachelor of
Science in Marine Transportation (BSMT) or Bachelor of Science in Marine
Engineering (BSMarE) programs. The Commission on Higher Education (CHED), in
coordination with the Maritime Industry Authority (MARINA), shall ensure that only
BSMT or MSMarE programs in MHEIs that meet the above requirement are
conferred approved or accredited.

CHAPTER VI
TERMS AND CONDITION OF EMPLOYMENT
SEC. 21. Standard Employment Agreement for Seafarers. — There shall
be an agreement in writing between the shipowner and the seafarer, which shall
include the following information and terms:
(a) Seafarer's full name, date of birth or age, and birthplace;

(b) Shipowner’s name and address;

(©) Place where and date when the seafarer’s employment agreement is
entered into;

(d) Capacity in which the seafarer is to be employed;

(e) Amount of the seafarer's salary, and the formula used for calculating the
same;


(f) Hours of work and hours of rest;

(g) Wages and wage-related benefits, which include the following: overtime
pay, holiday pay, premium pay, paid leaves, 13th month pay, if
applicable;

(h) Social security and welfare benefits;

(i) Stipulation on repatriation or similar undertakings;

(i) Separation pay and retirement pay, if applicable;

(k) Reference to the collective bargaining agreement, if applicable,

(I) Other benefits in accordance with law, company policy or agreements.

The foregoing employment agreement shall be in a working language or in
English, executed in three (3) original copies before the commencement of the
employment. 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.

The Philippine Overseas Employment Administration - Standard Employment
Contract (POEA-SEC) approved by the DOLE shall be observed in the employment
of Filipino seafarers on board foreign registered ships.

When there is a collective bargaining agreement, a copy thereof must be
maintained on-board the ship and readily accessible to the seafarers.

SEC. 22. Wages. - Upon effectivity of this Act, the Regional Tripartite Wages
and Productivity Boards shall set the minimum wage rates of the seafarers on board
ships engaged in domestic shipping, taking into account the peculiarities of the
employment arrangement of seafarers and the criteria as determined pursuant to
Republic Act No. 6727, otherwise known as “Wage Rationalization Act": 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 employer. Wages shall be
paid at least once every two (2) weeks or twice (2) a month, at intervals not
exceeding sixteen (16) days.

Trainees, probationary crew members and others similarly situated shall be
paid full minimum wage in accordance with the services rendered.

Cadets, on-the-job trainees, apprentices and other similarly situated persons
who are onboard vessels as part of the completion of their academic or training
program, shall be provided with stipends or allowances, which should not be less
than 75% of the existing minimum wage of regular seafarers. No training fees shall
be charged to cadets, on-the-job trainees, apprentices and other similarly situated
persons.


SEC. 23. Hours of Work and Hours of Rest. — The normal hours of work of
seafarer shall not exceed eight (8) hours a day. If the seafarer is allowed to work
beyond eight (8) hours, the maximum hours of work shall not exceed fourteen (14)
hours in any 24-hour period, and seventy-two (72) hours in any 7-day period and is
subject to corresponding overtime pay and wages.

The minimum hours of rest for every seafarer shall not be less than ten (10)
hours. Hours of rest may be divided into no more than two (2) periods, one of which
shall be at least six (6) hours in length, and the interval between consecutive periods
of rest shall not exceed fourteen (14) hours.

In exceptional cases, seafarers in watchkeeping duties may be required to
work beyond fourteen (14) hours provided that the rest period is not less than
seventy (70) hours in any 7-day period. This exception shall not be allowed for more
than two (2) consecutive weeks. The intervals between two (2) periods of exceptions
shall not be less than twice the duration of the exception. The number of working
hours rendered is subject to corresponding salary and benefits.

SEC. 24. Paid Annual Leave. — Whenever applicable, the seafarers shall be
paid an annual leave to be calculated on the basis of a minimum of 2.5 calendar
days per month of employment.

For ships licensed to engage in domestic shipping, the provisions on
“Holidays, Service Incentive Leaves and Service Charges” of Presidential Decree
No. 442, or the Labor Code of the Philippines, as amended, shall continue to apply
unless higher annual leave is already provided under the Collective Bargaining
Agreement or by the shipowner as company practice or policy.

CHAPTER VII
REPATRIATION

SEC. 25. Seafarers Shall Be Entitled to Repatriation. All costs related to
the repatriation or transport of the personal effects of a seafarer shall be borne by or
charged to the shipowner and the manning agency concerned. The expenses of
repatriation shall include the transportation charges, pay and allowances from the
moment the seafarers leave the ship until they reach the repatriation destination, the
accommodation and the food of the seafarer during the journey and transportation of
thirty kilograms (30 kg) of the seafarers’ personal luggage to the repatriation
destination. The primary responsibility to repatriate entails the obligation on the part
of the shipowner or agency to advance the repatriation and other attendant costs,
including plane fare, deployment cost of the principal and immigration fines and
penalties, to immediately repatriate the seafarer should the need for it arise, without
a prior determination of the cause of the termination of the seafarer’s employment
However, after the worker has returned to the country, the shipowner or agency may
recover the cost of repatriation from the seafarer if the termination of the employment
was due solely to the seafarer’s fault.

SEC. 26. Emergency Repatriation for Seafarers On-board Foreign

Registered Ships. — In cases of war, epidemics, abandonment of ship by
shipowners, disasters, calamities, natural or manmade, and other similar events, the

10


Department of Foreign Affairs (DFA), in coordination with the POEA and the OWWA,
shall undertake the repatriation of seafarers. The DFA shall draw from the
Emergency Repatriation Fund (ERF) provided under the General Appropriations Act
(GAA) to defray the expenses involved in the repatriation of undocumented
seafarers, while the POEA shall require manning agencies to effect the repatriation
of seafarers within forty-eight (48) hours or suffer the penalty of suspension. In case
of failure of the manning agency to provide for the repatriation within the prescribed
time, the POEA shall coordinate with the Overseas Workers Welfare Administration
(OWWA) to advance the cost of repatriation of the seafarer without prejudice to
reimbursement from the concerned manning agency.

The DFA shall take the lead in the repatriation of the affected seafarers in
areas where there is no Philippine Overseas Labor Office (POLO) in the area.

SEC. 27. Repatriation for Seafarers On-board Domestic Ships. - The
provisions on repatriation shall also apply to seafarers working on domestic ships.
Seafarers on board domestic ships shall be entitled to emergency repatriation in
cases of war, epidemics, abandonment of ship by shipowners, disasters or
calamities, whether natural or man-made, and other similar events.

CHAPTER VIII
MANNING REQUIREMENT

SEC. 28. Manning Levels. - All ships of Philippine registry shall observe the
required minimum manning levels in accordance with the requirements prescribed 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 safely and
efficiently.

SEC. 29. Crew Competence. - The crew members of a ship of Philippine
Registry shall possess the appropriate certificate of competency, which sets forth
their competence to serve and perform the functions involved at the level of
responsibility, for the position held, for the type, tonnage, power, means of
propulsion, and trading patterns of the ships concerned.

The certificate of competency shall attest to the fact that the seafarer to whom
it is issued meets the requirements for service, age, qualification, and has
successfully passed the examinations conducted to determine the seafarer’s
proficiency and level of expertise for the position.

SEC. 30. Registry of Seafarers. - To better respond to the manning
requirements of ocean-going ships of foreign registry, and domestic and ocean-going
ships of Philippine registry, the POEA and MARINA, respectively, shall maintain a
registry of all seafarers in the Philippines. The registry shall contain the relevant
information or data to promote employment opportunities for seafarers whether on
board or ashore, and allow for the appropriate learning for and implementation of
additional training, skills and competency development programs for seafarers


CHAPTER IX
ACCOMMODATION, RECREATIONAL FACILITIES, FOOD AND CATERING

SEC. 31. Accommodation Facilities. - Unless otherwise exempted herein
or by appropriate regulations, all ships of Philippine registry shall have safe, decent
and adequate accommodations for seafarers taking into account the need to protect
the health and safety of seafarers working or living on board.

SEC. 32. Requirements for Sanitation. — All ships of Philippine registry
shall have sanitation facilities that meet the minimum standards for health and
hygiene and are accessible to seafarers on board. 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.

SEC. 33. Recreational Facilities. - Uniess otherwise exempted herein or by
appropriate regulations, all ships of Philippine registry shall have recreational
facilities, amenities, and services that are appropriate and accessible to seafarers.

Domestic ships shall be exempted from this requirement considering that their
trading patterns and length of voyages allow their crew to go home or to make use of
comparable facilities on land.

SEC. 34. Food and Catering. — The shipowner shall ensure the protection
and promotion of health of seafarers. Whenever applicable, a shipowner shall ensure
that a ship serves 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 of seafarers. All 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.

SEC. 35. 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 domestic ships constructed on or after the
date when the Maritime Labor Convention of 2006 comes into force;

(b) All second-hand ships, whether ocean-going or domestic, 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; and

(c) All ships constructed prior to the entry into force of the Maritime Labor
Convention, 2006 which have undergone major or substantial structural
alterations after the entry into force of the Convention, unless provided
exemption by the relevant Philippine government agency.

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CHAPTER X
HEALTH PROTECTION AND MEDICAL CARE

SEC. 36. Medical Care On-board Ships and Ashore. - The shipowner shall
provide adequate equipment, paraphernalia and medical supplies, including
medicines on board, and shall ensure access to shore facilities for the health of
seafarers, as well as the corresponding medical or trained personnel who shall
provide first-aid and medical care pursuant to the Maritime Occupational Safety and
Health Standards and other pertinent laws, rules and regulations.

The shipowner shall ensure that seafarers have access to medical treatment
for any illness or injury, hospitalization and dental treatment

A seafarer shall have the right to consult a qualified physician or dentist
without delay in ports of call, where practicable.

A seafarer shall have the right to material assistance and financial support
from the shipowner with respect to the expenses incurred during and as a result of
financial medical treatment for sickness, injury or death occurring while they are
serving under a valid employment contract or those which arise from their
employment, without prejudice to any other legal remedies that a seafarer may seek

CHAPTER XI
WELFARE AND SOCIAL SECURITY PROTECTION

SEC. 37. Social Welfare Benefits. — Without prejudice to established policy,
collective bargaining agreement or other applicable social agreement, all seafarers
shall become members of the Social Security System, Employees’ Compensation
and State Insurance Fund, PhilHealth, Home Development Mutual Fund (or Pag-
IBIG Fund) and shall enjoy the benefits afforded pursuant to membership thereof.

CHAPTER Xil
COMPLIANCE AND ENFORCEMENT

SEC. 38. Compliance and Certification. — All ships of Philippine registry
shall comply with the provisions of this Act. The shipowner or master shall ensure
the compliance of the ship with the provisions of this Act and its implementing rules
and regulations

The shipowner and master, as acting shipowner's representative, shall be
made principally liable for any violation of the provisions of this Act and its
implementing rules and regulations.

For this purpose, a Maritime Labour Certificate or a certificate of compliance,
as applicable, shall be issued in accordance with the implementing rules and
regulations. The DOLE, DFA and MARINA, in consultation with shipowners and
seafarers’ organizations, shall formulate the said implementing rules and regulations.

SEC. 39. Inspection and Enforcement. — The Secretary of Labor or a duly
authorized representative, shall have the sole and exclusive authority to inspect all

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Philippine ships, domestic or ocean-going to ensure compliance with the provisions
of this Act. The duly authorized representative shall have the power to board ships
and carry out any examination, test or inquiry in order to ensure that the standards
established under this Act and its implementing rules and regulations are strictly
observed.

The Secretary of Labor and Employment may authorize other government
agencies or duly recognized organizations to conduct inspection and issue
certification in accordance with the provisions of this Act and its implementing rules
and regulations.

The Secretary of Labor and Employment or the duly authorized representative
shall have the power to order immediate restitution of differences, and impose fines
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 or to the life or limb of the seafarer, the Secretary of Labor or the duly
authorized representative may immediately order the detention of the ship until the
violation or deficiency is corrected

SEC. 40. Recognized Organization. - Recognized organizations may be
authorized by the Secretary of Labor and Employment to conduct the inspection of
ship's premises and issue the Maritime Labour Certificate or the Certificate of
Compliance with, as appropriate, in accordance with the provisions of this Act and its
implementing rules and regulations.

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

Likewise, to be recognized and authorized to inspect a ship, it must also have
the necessary and qualified professional and technical expertise to conduct the
inspection and certify to the ship's compliance with established standards.

CHAPTER Xill
TERMINATION OF EMPLOYMENT

SEC. 41, Termination of Employment.

(a) The employment of Filipino seafarers on board Philippine-registered
ships operating internationally as well as those on board foreign-
registered ships shall cease when the seafarers complete their period
of contractual service aboard the ship, sign off from the ship, and arrive
at the point of hire.

The employment is also terminated effective upon arrival at the point of hire
for any of the following reasons:


(1) When the seafarer signs off and is disembarked for medical
reasons in the event the seafarer is declared: (1) fit for repatriation;
or (2) when after an illness the seafarer is declared fit to work, but
the employer is unable to find employment for the seafarer on board
the ship originally boarded or on another ship of the employer;

(2) When the seafarer signs off due to the sale of the ship, lay-up of
ship, discontinuance of voyage or change of ship principal;

(3) When the seafarer, voluntarily resigns in writing and signs off prior
to the expiration of contract within a reasonable period as may be
prescribed in the implementing rules and regulations of this Act; or

(4) When the seafarer is discharged for just causes in accordance with
the provisions of the POEA Standard Employment Contract;

(b) The termination of employment of a seafarer on board domestic ships
shall be governed by the provisions of the Labor Code of the
Philippines, as amended, on domestic shipping.

(c) The termination of employment of a seafarer on board a foreign vessel
or foreign registered ships shall be governed by the POEA SEC or
applicable collective bargaining agreement (CBA).

CHAPTER XIV
SETTLEMENT OF DISPUTES

SEC. 42. On-board and Onshore Grievance Machinery. — All ships of
Philippine registry shall prescribe and observe fair, effective and expeditious on-
board and on-shore methods and procedures to handle grievance at no cost to the
seafarer, in accordance with the implementing rules and regulations of this Act.

In cases where a seafarer is a member of a legitimate trade union
organization, any grievance shall, as a condition precedent to conciliation-mediation,
undergo the grievance machinery with the involvement of the union as established in
its collective bargaining agreement (CBA). Without prejudice to any existing law, any
agreement reached by the parties during the grievance negotiation shall be final and
binding.

SEC. 43. Mandatory Conciliation-Mediation and Arbitration. - Seafarers,
whether engaged, employed or working on-board ships of Philippine registry or other
registries, shall 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/Field/Provincial Offices of the DOLE or its attached agencies.

In case of failure of conciliation-mediation in cases where seafarers are
covered by CBA, the case shall be submitted for Voluntary Arbitration in accordance
with Articles 261 and 262 of the Labor Code, as amended. In cases where seafarers


are not covered by the CBA, the seafarer shall have the option to submit the case to
Compulsory Arbitration or Voluntary Arbitration.

CHAPTER XV
REINTEGRATION FOR OVERSEAS FILIPINO SEAFARERS

SEC. 44. Reintegration. — Returning or unemployed overseas Filipino
seafarers may avail of the livelihood development and training programs, placements
and other services offered by concerned government agencies, including Overseas
Workers Welfare Administration (OWWA), Technical Education and Skills
Development Authority (TESDA), Technical and Livelihood Resource Center
(TLRC), Cooperative Development Authority (CDA), National Maritime Polytechnic
(NMP) and CHED.

These agencies shall formulate skills upgrading or retraining curricula to meet
the needs of returning or unemployed seafarers. The participation of the maritime
sector, in particular, port and shipping industry, and maritime educational institutions
shalll 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 mechanisms 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 XVI
INCENTIVES AND AWARDS GRANTED TO THE MARITIME INDUSTRY

SEC. 45 Incentives and Awards. — 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 in consultation with the
Maritime Industry Tripartite Council (MITC).

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

CHAPTER XVII
GOVERNMENT AGENCIES

SEC. 46. Role of Government Agencies. — The following government
agencies shall perform the following functions to promote the welfare and protect the
rights of Filipino seafarers:

(a) Department of Labor and Employment -The DOLE shall exercise sole
and exclusive jurisdiction in implementing the provisions of this Act and
ensure that the standards set forth herein, under Presidential Decree No.
442, as amended, and other laws, the Maritime Labour Convention 2006
and other international treaties and conventions to which the Philippines is

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a signatory are faithfully complied with and fairly applied to Filipino
seafarers;

The DOLE shall likewise determine and set appropriate benchmarks
consistent with the MLC 2006, this Act and other applicable laws on
employment conditions and other labor standards and regulations;

(b) Department of Foreign Affairs - The DFA, through its home offices or

foreign posts, shall give paramount importance to the safety and well-
being of Filipino seafarers, by providing adequate and timely intervention
and assistance, such as representing their interests with foreign authorities
concerned and facilitating their repatriation when they are distressed or
beleaguered;

(c) Department of Health - The DOH shall regulate the activities and

operations of all clinics which conduct 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 health examination that

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

(d) Philippine Overseas Employment Administration - The POEA shall look

into the contracts of employment and the working conditions of the officers
and crew of vessels of Philippine registry operating internationally, and of
such officers and crew members who are Filipino citizens and employed
by foreign vessels to ensure that these comply with the prescribed
standards;

(e) Overseas Workers Welfare Administration — The OWWA, through its

welfare officers or coordinating officers, shall provide the Filipino seafarers
and their families all the assistance they may need in the enforcement of
contractual obligations by agencies and 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.

Maritime Industry Authority - The MARINA shall ensure that all maritime
education including the curricula and training programs are structured and
delivered in accordance with written programs, methods and media of
delivery, procedures and course materials, international standards as
prescribed under the STCW Convention and other applicable laws.

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(g) Philippine Coast Guard — The PCG, in line with its function to assist in the
enforcement of applicable laws within the maritime jurisdiction of the
Philippines, shall assist the DOLE in the enforcement of Department
Orders and other issuances implementing the MLC 2006, including orders
to detain vessels found in gross violation of pertinent laws, rules and
regulations.

Unless otherwise provided in this Act, the mandate, power and function of all
existing departments, agencies or instrumentalities of the government, including
government-owned and controlled corporations, shall remain and continue to be
recognized in accordance with the law or order creating them.

SEC. 47. Philippine Seafarer One Stop Processing Center (PSOC). - The
PSOC has been tasked to operationalize and make available to the public, an
integrated document processing center for the seafarers and the general public to
conduct official transactions. The agencies that are mandated to provide services in
the PSOC are as follows:

(a) Department of Labor and Employment;

(b) Department of Foreign Affairs;

(c) Commission on Higher Education;

(d) Professional Regulation Commission;

(e) National Telecommunications Commission;

(f) Philippine Overseas Employment Administration;

(g) Overseas Workers Welfare Administration;

(h) Technical Education and Skills Development Authority;

(i) Maritime Industry Authority;

(j) National Bureau of Investigation;

(k) Social Security System;

(\) Philippine Health Insurance Corporation;

(m)Philippine Statistics Authority;

(n) Home Development Mutual Fund;

(0) Such other government agencies that the Secretary of DOLE may deem
appropriate to be included in the PSOC.

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CHAPTER XVIII
FINAL PROVISIONS

SEC. 48. Administrative Fines and Penalties. — Any shipowner, master,
their representative or other person who fails or refuses to present employment
records, such as payrolls, daily time records, payslip or other documents, when
required by the Secretary of Labor, or the duly authorized representative of the
Secretary of Labor, or the duly authorized representative of a recognized
organization, shall be imposed administrative fines and penalties in accordance with
the implementing rules and regulations promulgated to implement this Act.

SEC. 49. Penalties for Violations of Sections 38 and 39. — Any person
who, without proper authorization, exercises the authority granted to the Secretary of
Labor under Sections 38 and 39 of this Act, shall be punished with a fine of not less
than One hundred thousand pesos (P100,000.00) nor more than Four hundred
thousand pesos (P400,000.00), or imprisonment of not less than one (1) year nor
more than four (4) years, or both at the discretion of the court. The foregoing offense
shall prescribe after five (5) years from its commission, or upon discovery of the
violation by competent authorities.

SEC. 50. Transitory Provision. — All rights, privileges and benefits
previously enjoyed by Filipino seafarers before the effectivity of this Act, including
those set forth in Presidential Decree No. 442, otherwise known as the Labor Code
of the Philippines, as amended, and Republic Act No. 8042, otherwise known as the
“Migrant Workers and Overseas Filipinos Act of 1995,” as amended, shall continue
to be recognized and shall not be diminished.

SEC. 51. Implementing Rules and Regulations. - The DOLE, in
coordination with the DFA, MARINA and other concerned agencies, shall formulate
the rules and regulations to implement this Act within ninety (90) days after its
effectivity.

SEC. 52. 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.

SEC. 53. Repealing Clause. ~ All laws, presidential decrees, issuances,
executive orders, letters of instruction, rules or regulations inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SEC. 54. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved.