NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s. No. 1248
©ntniE
o( Vi)C
•22 AUG 31 P4 *26
RtCElVED BY;
Introduced by Senator Loren B. Legarda
AN ACT
INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS
EXPLANATORY NOTE
Article Xin, Section 3 of the 1987 Constitution provides that, "The State shall 
afford full protection to labor, local and overseas, organized, and unorganized, and 
promote full employment and equality of employment opportunities for all. x x x The 
State shall regulate the relations between workers and employers, recognizing the 
right of labor to its just share in the fruits of production and the right of enterprises to 
reasonable returns to investments, and to expansion and growth."
This bill seeks to recognize and protect the rights of the Filipino seafarers, 
integrate programs and policies that concern them, and assist in their development to 
continuously ensure their niche in the global arena through the establishment of the 
Magna Carta of FiHpino Seafarers.
Filipino seafarers have been plying the world's seas for over five centuries. In 
the 16th century, Filipino seafarers manned the ships sailing the Mexico-Manila route 
of the Galleon Trade. The advent of globalization led to the steady increase in the 
number of registered seafarers. Philippines earned $6.5 billion in 2019 from its 
seafarers. However, this fell by 2.8% in 2020, to $6.4 biUion.


Before the Coronavirus disease 2019 (Covid-19) pandemic, the country was 
deploying around 50,000 seafarers monthly. In 2020, about 217,223 seafarers were 
deployed overseas from the Philippines, about 54 percent less than in the previous 
year or 469,996 seafarers. In that year, the majority of seafarers were deployed to bulk 
carrier vessels. The country had deployed 40,000 sea-based OFWs every month in 
2021. These figures only mean that our economy has been slowly reopening while 
travel and border restrictions of countries of destination are also gradually easing.
Despite the rich history and significant role of the Filipino seafarers in our 
society, they have been given inadequate attention. Incidents of abduction, unjust 
compensation and on-board accidents have been reported yet no legislation has been 
passed to protect and uphold the rights of the seafarers and address their specific 
needs.
This measure seeks to deal with the shortcomings by creating a laws that 
focuses on the conditions and needs of the Filipino seafarer. The Magna Carta of 
Filipino Seafarers guarantees their right to hiunane working conditions and just 
compensation by ensuring that manning and crewing agencies provide adequate 
information about the on-board conditions as well as local and international laws that 
apply to the Fihpino seafarer. Seafarers should be given ample time by the agency to 
examine his/her contract of employment and articles of agreement before he/she 
signs it. To ensure the security and safety of the overseas Filipino seafarers, they shall 
ordy be deployed in countries where their rights as Filipino sea-based migrant 
workers are observed and protected.
With the passage of this bill, more Filipinos will be given the knowledge and 
understanding of the transnational and globalized conditions the Filipino seafarers 
are experiencing through the establishment of the Fihpino Seafarers' Research and 
Resource Center by the Commission on Higher Education, in coordination with the 
University of the Philippines School of Labor and Industrial relations (UP SOL AIR).


The Center shall conduct studies and research that will enhance the well-being and 
interests of the Filipino seafarers.
In view of the foregoing considerations, the immediate passage of this measure 
is sought.
J=0RBfftEGARDA


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
s. No. 1248
of tli;'
72 AUG 31 P4 -26
RliCEIVliD BV
Introduced by Senator Loren B. Legarda
AN ACT
INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS
Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in 
Congress assembled:
1 
CHAPTER I
2 
DECLARATION OF POLICY
3 
Section 1. Short Title. - This Act shall be known as the "Magna Carta of Filipino
4 
Seafarers."
5 
Sec. 2. Declaration of Policies. - It is hereby declared the policy of the State:
6 
a) To recognize the rights, contributions, and unique role of seafarers as essential
7 
maritime professionals, acknowledge their vulnerabilities and afford them full
8 
protection before, during, and after their employment;
9 
b) To recognize that seafarers are a special category of key workers providing
10 
essential services, and given the global nature of the shipping industry and the
11 
different jurisdictions that seafarers may be brought into contact with, they are
12 
in need of special protection;
13 
c) To encourage the participation of women in the seafaring profession and
14 
contribute meaningfully to the achievement of national development goals as
15 
productive members of the community;
16 
d) To maintain and progressively develop a pool of competent and world-class
17 
seafarers through a system of education, training, certification, and licensing;


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


1 
b) All Filipino seafarers on board Philippine registered domestic ships engaged,
2 
in trade and commerce between PhiUppine ports and within Philippine
3 
territorial or internal waters shall be covered primarily by equivalent
4 
provisions of the Labor Code of the Philippines, as amended, and related social
5 
and welfare benefits laws. For this purpose, the DOLE shall issue the
6 
appropriate rules and regulations to govern the employment of domestic
7 
seafarers.
8 
Sec. 4. Definition of Terms. - As used in this Act, the following terms shall have
9 
the following meaning:
10 
a) Abandonment - refers to a situation where, in violation of the terms of the
11 
employment contract, the shipowner:
12 
(i) 
Fails to cover the cost of the seafarer’s repatriation;
13 
(ii) 
Has left the seafarer without the necessary maintenance and support;
14 
or
15 
(iii) Has otherwise unilaterally severed their ties with the seafarer,
16 
including failure to pay contractual wages for a period of at least two
17 
(2) months;
18 
b) Cadet- refers to a student of a maritime educational institution who is required
19 
to undergo training on board registered international or domestic ships to
20 
fulfill a maritime degree or technical course;
21 
c) International Maritime Convention or International Convention - refers to any
22 
written treaty or agreement, or any protocol or amendment thereto, affecting
23 
the maritime industry, which has come into force and effect, including the
24 
MLC, 2006;
25 
d) International Convention on Standards of Training, Certification, and Watchkeeping
26 
for Seafarers (STCW) - refers to the international convention that establishes the
27 
minimum standards relating to training, certification, and watchkeeping for
28 
seafarers, which the Philippines acceded to on May 22,1984;
29 
e) Manning Agency- refers to a natural or juridical person duly Hcensed by the
30 
Secretary of the Department to engage in the recruitment and placement of
31 
seafarers;


1 
f) Maritime Accident - refers to any unforeseen occurrence or physical event
2 
connected to the navigation, operations, maneuvering, or handling of ships, or
3 
the machinery, equipment, material, or cargo on board such ships which may
4 
result in the detention of seafarers;
5 
g) Maritime Industry Stakeholders - refer to all private stakeholders engaged in the
6 
business of owning, managing, chartering, or operating domestic and
7 
international ship/s of Philippine or foreign registry', manning of ships,
8 
management ports, stevedoring and arrastre services, ship brokering and
9 
chartering, ship-building and ship repair, providing maritime services, such as
10 
ship supplies and provisions, maritime education and training, shipping
11 
agency, and other similar activities.
12 
This term shall also include bona fide maritime labor organizations, professional
13 
associations of seafarers, associations promoting seafarers' welfare, and
14 
women's maritime organizations;
15 
h) Maritime Labour Certificate - refers to the document that certifies that the
16 
working and Hving conditions of the seafarers on the ship have been inspected
17 
and are compHant with the requirements of the MLC, 2006 and of applicable
18 
Philippine laws and regulations;
19 
i) Maritime Labour Convention, 2006 (MLC, 2006) - refers to the consolidated
20 
Maritime Labour Convention approved by the International Labour
21 
Organization (ILO) in 2006 and ratified by the Philippines on August 20, 2012;
22 
j) Master - refers to a person having command of a ship and acts as the
23 
shipowners' representative;
24 
k) Ocean-Going Ship- refers to a ship other than those which navigate exclusively
25 
in inland water or in water within or closely adjacent to sheltered water, or
26 
areas where port regulations apply;
27 
1) Officer- refers to a member of the crew other than the master who has been
28 
designated as such by national law or regulation, or, in the absence of such
29 
designation, by collective agreement or 
custom;
30 
m) One-Stop-Shop Center for OFWs (OSSCO) - refers to the one-stop centers in
31 
various parts of the country established to ensure prompt, efficient, vital, and
32 
relevant services to Overseas Filipino Workers (OFWs) and other overseas


1 
Filipinos and their families, including seafarers. The OSSCOs shall be the venue
2 
for the acquisition of relevant clearances and permits, validation of overseas
3 
job offers, avaihnent of reintegration services and all pertinent seminars and
4 
workshops for all stakeholders, among other, in accordance with Republic Act
5 
No. 11641, or the "Department of Migrant Workers Act";
6 
n) Point of Hire - refers to the place indicated in the contract of employment, and
7 
which shall be the basis in determining the commencement of the contract;
8 
o) Recognized Organizations - refer to organizations recognized by the DOLE to
9 
carry out inspections or issue the Maritime Labour Certificate in accordance
10 
with the scope of activities covered by their authorizations;
11 
p) Repatriation - refers to the process of returning a seafarer to the point of
12 
destination, which shall be at the point of hire or the seafarer's place of
13 
domicile, at the option of the seafarer, or in case of incapacity or death, at the
14 
option of his/ her next-of-kin;
15 
q) Standard Employment Contract (SEC) or Employment Contract - refers to a
16 
government-prescribed contract containing the minimum terms and
17 
conditions of employment;
18 
r) Seafarer - refers to any Filipino who is to be employed, is employed, or is
19 
engaged to work in any capacity on board a ship covered under this Act;
20 
s) Ship or Vessel -refers to any kind, class, or type of craft or artificial contrivance
21 
capable of floating in water, whether publicly or privately owned, ordinarily
22 
engaged in commercial activities; and
23 
t) Shipowner or Principal - refers to the owner of the ship employing Filipino
24 
seafarers to work on board domestic ships and ships engaged in international
25 
trade, or any other organization or person, such as the manager, agent, or
26 
bareboat charterer, who has assumed the responsibility for the operation and
27 
management of the ship from the shipowner, and who, in assiuning such
28 
responsibilities, has agreed to take over all the attendant duties and
29 
responsibihties of a shipowner imder this Act, regardless of whether any other
30 
organization or persons fulfill certain duties or responsibilities on behalf of the
31 
shipowner.


1
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7
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CHAPTER m 
SEAFARER'S RIGHTS
Sec. 5. Right to Just Terms and Conditions of Work. - Seafarers shall have the right
to:
a) A safe and secure workplace that compHes with safety standards;
b) Decent working and Hving conditions on board a ship;
c) Medical care and confirmatory tests, welfare measures, and other forms of 
health and social protection;
d) Fair terms and conditions of employment, including salary commensurate to 
their rank, hours of work, paid sick leave or sickness benefits, the maximum 
number of workers hours, and minimum hours of rest periods, consistent with 
Philippine laws or international maritime conventions; and
e) Compensation and benefits in the event of death or long-term disabihty for 
occupational injuries, illnesses, hazards.
Sec. 6. Right to Self-Organization, to Engage in Collective Bargaining, and to 
Participate in Democratic Exercises. - Seafarers shall enjoy the right to self- organization, 
to collectively bargain, to form or join international organization of seafarers or 
network with seafarers of different nationaHties, and to participate in tire deliberation 
of issues and in the formulation of pohcies that affect them, including the guarantee 
of representation in governing boards or appointment in government 
instrumentahties.
Women seafarers shall also have the right, and be encouraged, to join, assist, or 
form labor unions or associations, or form networks with women seafarers of 
different nationaHties.
Sec. 7. Right to Educational Advancement and Training at Reasonable and Affordable 
Costs. - Seafarers shaU have access to educational advancement and training at 
reasonable and affordable costs.
Toward this end, relevant government agencies shall:
a) Regulate the operation of all educational and training institutions offering 
courses related to seafaring;


1 
b) Pursue grant programs, such as scholarships, subsidies, loan assistance, and
2 
other measures that will harness the skills of seafarers toward greater
3 
competitiveness given the new and evolving demands in the industry;
4 
c) Promote quality maritime education and training that respond to the needs of
5 
the industry and in accordance with minimum international maritime
6 
standards of competency; and
7 
d) Afford enhanced access to educational advancement and training of women in
8 
the seafaring industry.
9 
CHED and MARINA shaU work together to mainstream gender and development in
10 
the curricula of maritime institutions and training centers.
11 
Sec. 8. Right to Information. - Shipowners, manning agencies, and other
12 
organizations responsible for the recruitment and placement of seafarers, shall
13 
provide seafarers relevant information, including the terms and conditions of
14 
employment, company polides affecting seafarers, obligations of seafarers, conditions
15 
and realities attending to their profession, and necessary laws and regulations of
16 
coimtries covered by their sojourn. In addition, the seafarers shall, at all times, be
17 
furnished a copy of the duly executed Standard Employment Contract, as well as the
18 
results of the medical examination conducted on him/her. This right shall also include
19 
the right of seafarers' organizations to relevant information affecting the terms and
20 
conditions of employment of their members.
21 
All ships covered by this Act shall have a copy of the MLC, 2006, the grievance
22 
procedures available on-board, duly executed Standard Employment Contract of
23 
seafarers, and when there is a collective bargaining agreement (CBA), a copy of such
24 
agreement, which shall be readily available to the seafarers.
25 
Sec. 9. Right to Information of Seafarer's Family or Next-of-Kin. - In critical
26 
incidents, such as accidents or deaths on board or offshore, piracy, abandonment of
27 
vessel, and other similar cases, the seafarer's family or next-of-kin shall be 
2 8 immediately informed of the incident, including investigation reports, action/ s taken,
29 
and plans by the shipowner and the manning agency concerned.
30 
In addition, it shaU be the duty of the shipowner and the manning agency,
31 
within a reasonable period of time, to report to the Department of Migrant Workers


1 
(DMW) and the Overseas Workers Welfare Administration Act (OWWA) such
2 
incident and the details of the family or next-of-kin of the concerned seafarer/s.
3 
Sec. 10. Right to Safe Passage and Safe Travel. - Seafarers shall be accorded the
4 
rights to safe passage and safe travel, including the right to embark and disembark in
5 
third coimtries when in transit, and the right to be repatriated and return home.
6 
Sec. 11. Right to Consultation. - Seafarers and maritime stakeholders shall be
7 
adequately consulted before adopting any maritime policy, executive issuance, rules
8 
or regulations, or in the enactment of any maritime law that may directly affect the
9 
seafarers and/or their families and beneficiaries.
10 
Sec. 12. Right against Discrimination. - Seafarers shall have the right to be
11 
protected from discrimination on the basis of race, age, sex, rehgion, or political
12 
opinion, as well as on the basis of disablement, taking into consideration the inherent
13 
requirements of the particular job or imdertaking. Career opportunities shall be
14 
promoted, and appropriate working and living conditions shall be guaranteed equally
15 
among male and female seafarers.
16 
Sec. 13. Right to be Protected Against All Forms of Harassment and Bullying. -
17 
Seafarers shall be protected against aU forms of harassment and bullying while on
18 
board their ships. The shipowner shall put poHdes in place for the protection of all
19 
crew members. Maritime stakeholders and seafarers shall ensure that harassment and
20 
buUying do not take place.
21 
Shipowners and manning agencies shall also establish helplines and grievance
22 
mechanisms for all victims of harassment and bullying.
23 
Sec. 14. Right to Free Legal Representation. - Seafarers who are victims of
24 
violations of the provisions of this Act or whose contracts have been breached, who
25 
cannot afford the services of a competent and independent counsel, shall have the
26 
right to free legal assistance and protection at the government's expense, and to the
27 
fair and speedy disposition of the case, including the expeditious settlement of any
28 
money claims, subject to existing rules and regulations.
29 
Sec. 15, Right to Access to Communication. - Seafarers, especially during their free
30 
time or when they are not on duty, shall have reasonable access to ship-to-shore
31 
telephone communications, email, and internet facilities, where available.


1 
Sec. 16. Right to Record of Employment or Certificate of Employment - At the
2 
expiration of the employment contract of the seafarer, the seafarer shall be given a
3 
record of his/her employment on board the ship, or a certificate of employment,
4 
specifying the length of service, the position the seafarer occupied, an accoimt of
5 
his/her final wages, and such other relevant information.
6 
Sec. 17. Right to Fair Treatment in the Event of Maritime Accident - In the event of
7 
a maritime accident, seafarers shall be treated fairly. They shall be entitled to all the
8 
rights under the ILO/Intemational Maritime Organization (IMO) 2006 GuideHnes on
9 
Fair Treatment of Seafarers in the Event of a Maritime Accident and its amendments.
10 
CHAPTER IV
11 
WOMEN IN THE MARITIME INDUSTRY
12 
Sec. 18. Discrimination Against Women Seafarers. - In addition to the right against
13 
discrimination on the basis of sex, women seafarers shall be protected from the
14 
following discriminatory acts:
15 
a) Payment of a lesser compensation, including wage, salary or other form of
16 
remuneration and fringe benefits, to a male seafarer as against a female
17 
seafarer, for work of equal value; and
18 
b) Favoring a male seafarer over a female seafarer with respect to promotion,
19 
training opportunities, study and scholarship grants, solely on account of their
20 
sexes.
21 
Sec. 19. Gender and Development - Shipowners and manning agencies shall
22 
formulate gender and development policies. In addition, all maritime training
23 
institutions shall ensure that appropriate gender-sensitive policies are in place to
24 
promote the rights of women to adequate training and opportunities, free from
25 
discrimination, harassment and bullying.
26 
. CHAPTER V
27 
SEAFARER'S DUTIES
28 
Sec. 20. Duties of a Seafarer. - Seafarers shall have the following duties:
29 
a) To comply with and observe the terms and conditions of the Standard
30 
Employment Contract;
31 
b) To abide by lawful and reasonable company personnel policies;
32 
c) To follow and observe the chain and command of the vessel, and to comply


1 
a) with the relevant and reasonable policies and procedures on board the ship or
2 
while ashore, taking into consideration his/her reHgious freedom;
3 
d) To be diligent in the performance of duties relating to the ship, its stores,
4 
equipment, and cargo, whether on board, in transit, or ashore;
5 
e) To continually improve his/her professional competency by keeping up-to-
6 
date with the latest technological and scientific knowledge apphed in the
7 
maritime fields, constant reading and diligent studies, and keen observation of
8 
shipboard activities;
9 
f) To be, at all times, orderly and respectful to the shipmates, passengers,
10 
shippers, stevedores, port authorities, and other persons who have official
11 
business with the ship; and
12 
g) To take personal responsibiHty for his/her health while on board by
13 
maintaining a healthy lifestyle and complying with medically prescribed
14 
instructions.
15 
CHAPTER VI
16 
MINIMUM REQUIREMENTS FOR SEAFARERS
17 
Sec. 21. Minimum Age. - No person below eighteen (18) years old, other than a
18 
cadet, shaU be employed, engaged, or otherwise allowed to work on board Plulippine-
19 
registered ships operating domestically or internationally, as weU as on board foreign-
20 
registered ships.
21 
Sec. 22. Medical Certificates. - No seafarer shall be employed, engaged, or
22 
otherwise allowed to work on board a domestic or ocean-going ship unless a medical
23 
certificate has been issued declaring the seafarer to be fit to work.
24 
For this purpose, the seafarer shall hold a valid medical certificate issued by a
25 
medical fadhty duly accredited by the Department of Health (DOH), in accordance
26 
with its rules and regulations.
27 
The medical certificate shaU specify that the person is expected to meet the
28 
minimiun requirements to perform the duty specific to the person's post safely and
29 
effectively during the validity of the certificate.
30 
During the conduct of a medical examination, the seafarer shaU have the
31 
responsibiUty of answering truthfuUy aU questions relating to his/her medical
32 
condition and/or medical history, including previously known illness, injury, or
10


1 
medical treatment, and to make a complete inventory of medication prescribed to
2 
him/her by physicians; Provided, that the processing of the medical information of the
3 
seafarer shall at all times comply with the provisions of RepubHc Act No. 10173 or the
4 
Data Privacy Act of 2012.
5 
For the purposes of this Section, a medical certificate issued in accordance with
6 
the requirements of STCW shall be accepted.
7 
Sec. 23. Training and Qualifications. - Only seafarers certified by appropriate
8 
government agencies in compliance with the STCW and other applicable
9 
international standards, shall work, be employed, or be engaged on board a ship.
10 
Sec. 24. Recruitment and Placement - Only duly licensed manning agencies shall
11 
be allowed to operate and engage in the recruitment and placement of seafarers, in
12 
accordance with rules and regulations as may be issued by the Secretary of Labor and
13 
Employment, or the Secretary in-charge of migration-related matters, including the
14 
deployment of seafarers.
15 
In all cases, no amoimt or fee, including placement fees, shall be charged to the
16 
seafarer in relation to his/her recruitment and placement.
17 
CHAPTER VII
18 
TERMS AND CONDITIONS OF EMPLOYMENT
19 
Sec. 25. Standard Employment Contract for Seafarers. - There shall be a Standard
20 
Employment Contract in writing between the shipowner and the seafarer, which shall
21 
include, but not be limited to, the following information and terms:
22 
a) Seafarer's full name, date of birth, age, birthplace, permanent, and/or
23 
residential address;
24 
b) Seafarer's Record Book Number, Seafarer's Identity Document Niunber, and
25 
other necessary documentation required of seafarers by the other appropriate
26 
government agencies;
27 
c) Shipowner's name and address;
28 
d) Place where and date when the seafarer's employment agreement is entered
29 
into;
30 
e) Duration of the contract;
31 
f) Point of hire;
11


1 
g) Capacity in which the seafarer is to be employed;
2 
h) Amount of the seafarer's salary, and the formula used for calculating the same;
3 
i) Maximum hours of work and minimum hours of rest;
4 
j) Wages and wage-related benefits, which shall include, but is not limited to,
5 
overtime pay, holiday pay, vacation leave pay, premium pay, paid leaves, and
6 
13th-month pay, if applicable;
7 
k) Compensation and benefits for occupational injury, illness, or death;
8 
1) Social security and welfare benefits, including the compulsory insurance
9 
coverage as provided under RepubHc Act No. 8042, as amended by Republic
10 
Act No. 10022, otherwise known as The Migrant Workers Act;
11 
m) Stipulations on repatriation or similar undertakings;
12 
n) Separation pay and retirement pay, if applicable;
13 
o) Reference to the CBA, if appHcable; and
14 
p) Other benefits in accordance with law, company poHcy, or CBA.
15 
The employment contract shall be in a working language or in the English
16 
language, executed in four (4) original copies before the commencement of the
17 
employment. The shipowner and the seafarer shall each have a signed original of
18 
the agreement. In addition, a signed original shall be made available on board the
19 
ship.
20 
For ocean-going PhiHppine-registered ships or foreign-registered ships, the
21 
DMW shall issue a Standard Employment Contract containing the minimum
22 
standards to be observed in the employment of seafarers. The Standard Employment
23 
Contract shall be reviewed and updated regularly and must, at aU times, be consistent
24 
with the MLC, 2006, and other existing treaties and conventions governing seafarers,
25 
which the Philippines has ratified or wiU ratify in the future.
26 
Sec. 26. Maximum Hours of Work and Minimum Hours of Rest -The normal hours
27 
of work of a seafarer shall not exceed eight (8) hoiurs a day with one (1) rest day per
28 
week. If the seafarer is required to work beyond eight (8) hours, the maximum hours
29 
of work shall not exceed fourteen (14) hours in any 24-hour period, and seventy-two
30 
(72) hours in any seven (7)-day period.
12


1 
The minimum hours of rest for every seafarer shall not be less than ten (10)
2 
hours in a 24-hour period. The horns of rest may be divided into two periods, one
3 
of which shall be at least six (6) hours in length, and the interval between the two
4 
periods of rest shall not exceed fourteen (14) hours.
5 
In exceptional cases, seafarers iu watchkeeping duties may be required to
6 
work beyond fourteen (14) hours: Provided, that the rest period is not less than seventy
7 
(70) hours iu any seven-day period; Provided, further, that such watchkeeping duties
8 
shall not be allowed for more than two (2) consecutive weeks; Provided, finaiiy, that the
9 
intervals between the two (2) periods shall not be less than twice the duration of the
10 
exception.
11 
Seafarers shall be granted reasonable periods of shore leaves while the vessel is
12 
docked for the benefit of their health and weU-being, subject to proportionate
13 
and specifically adopted rules, regulations, and measures of the Port State.
14 
Sec. 27. Paid Annual Leave. - Unless a higher annual leave is already provided
15 
in the employment contract, or imder a CBA, or by the shipowner as company practice
16 
or policy, the seafarers shall be paid an aimual leave, to be calculated on the basis of a
17 
minimum of 4.5 calendar days per month of employment, without prejudice to any
18 
future increases as may be prescribed by laws, rules, or regulations; provided, that the
19 
following shall not be coimted as part of the annual paid leave:
20 
a) Public and customary holidays of the Phihpptnes, whether or not they fall
21 
during the paid annual leave;
22 
b) Periods of incapacity for work (i) resulting from illness or injiuy; (ii) due to
23 
maternity or paternity leave in accordance with law;
24 
c) Temporary shore leave granted to a seafarer while employed; or
25 
d) Compensatory leave of any kind.
26 
Sec. 28. Wages. - Without prejudice to higher rates provided under the Standard
27 
Employment Contract, or imder a CBA, or by the shipowner as company practice or
28 
policy, the minimum wage applicable to seafarers on board ocean-going ships of
29 
Philippine or foreign registry shall be as provided in the Standard Employment
30 
Contract, which in no case be lower than the prevailing industry standard on ocean-
31 
going seafaring wage rates for officers and other members of the ship's crew, and
32 
regularly paid in full at least once a month.
13


1 
Sec. 29. Remittance of Wages. - Shipowners shall provide the appropriate
2 
facilities and assistance to the seafarer to enable the seafarer to remit his/her wages to
3 
his/her designated aUotee/s in the Philippines through any authorized Philippine
4 
bank or financial Intermediary; Provided, that such allotment shall not be less than
5 
eighty percent (80%) of the seafarer's monthly basic salary.
6 
Sec. 30. Limitations on Wage Deductions. - A deduction from the seafarer's wages
7 
shall not be made without his/her written consent unless the deduction is provided
8 
for in the contract of employment and/ or is authorized by law.
9 
Sec. 31. Personal Effects. - A seafarer may bring a reasonable number of articles
10 
for personal use on board the ship; Provided, that this shall not inconvenience the ship
11 
or cargo or pose any risk on board the ship. If the seafarers' personal effects are lost or
12 
damaged as a result of shipwreck, loss or stranding, abandonment of the vessel, or as
13 
a result of fire, flooding, collision, or piracy, the shipowner shall reimburse him/her
14 
for said loss or damage, subject to limits prescribed by existing rules and regulations,
15 
unless a higher limit is provided imder the existing CBA, but in no case lower than
16 
international standards.
17 
Sec. 32. Social Welfare Benefits. -Without prejudice to established poHcy, CBA, or
18 
other applicable social agreement, aU seafarers shall be members of, and receive the
19 
benefits conferred by, the Overseas Workers Welfare Administration (OWWA), Social
20 
Security System (SSS), Employees' Compensation and State Insurance Fimd,
21 
PhilHealth, Home Development Mutual Fund (Pag-IBIG Fund), and other appHcable
22 
social protection laws, rules and regulations, as may now or hereafter be created in
23 
favor of Filipino workers and/or OFWs.
24 
Sec. 33. Sick Leave and Sickness Benefits During Public Health Emergencies. - A
25 
seafarer who has contracted an illness or disease during pubtic health emergencies,
26 
such as epidemics or pandemics, while in transit, or is under quarantine, shall be
27 
entitled to paid sick leave and sickness benefits until the seafarer joins the vessel.
28 
Sec. 34. Anti-Harassment and Bullying Policies On Board Ships. - Shipowners shall
29 
ensure protection to seafarers with policies and accessible procedures to address
30 
harassment and bullying on board ships.
31 
CHAPTER VIII
32 
ACCOMMODATION, RECREATION FACILITIES,
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FOOD AND CATERING IN SHIPS
Sec. 35. Application. - The requirements of this Chapter 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 MLC, 2006 come 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, insofar as they can be reasonably refitted, unless provided 
exemption by the relevant Phihpptne government agency; and
c) All ships constructed prior to the entry into force of the MLC, 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.
Sec. 36. Accommodation Facilities. - Unless otherwise exempted herein or by 
appropriate regulations, aU ships shall have safe, decent, and adequate 
accommodations for seafarers, taking into account the need to protect the health and 
safety of seafarers working or Hving on board the ship. There shall be a basic 
shipboard facility for women, such as separate sleeping rooms.
Sec. 37. Requirentents for Sanitation. - All ships shall have sanitation facilities that 
meet the minimum standards for health and hygiene, which shall be accessible to 
seafarers on board. The sanitation facilities shall be located at convenient places, 
allowing for easy access to workstations. Separate sanitation facilities shall also be 
provided for male and female crew members of the ship.
Sec. 38. Recreation Facilities. - Unless otherwise exempted herein or by 
appropriate regulations, all ships shall have recreation facihties, amenities, and 
services that are appropriate and accessible to seafarers; Provided, that 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 
onshore.
Sec. 39. Food and Catering. - All ships shall ensure protection and promotion of 
the health of the seafarer. Toward this end, shipowners shall ensure that ships carry 
on-board and serve free food and drinking water of appropriate quaHty, quantity, and
15


nutritional value that adequately cover the requirements of the ship and take into 
consideration the differing cultural and religious backgrounds of the seafarers on 
board the ship. The food and drinks in the preparation thereof shall be in accordance 
with the standards of the Sanitation Code of the Philippines and pertinent laws, rules, 
and regulations, and/or with international standards. In all cases, the ship's cooks 
shall be trained and qualified.
7 
CHAPTER IX
8 
MEDICAL CARE AND MARITIME OCCUPATIONAL SAFETY AND
9 
HEALTH STANDARDS
10 
Sec. 40. Medical Care On Board Ships and Ashore. - The shipowner shall provide
11 
adequate medical facility, equipment, paraphernalia, and medical supplies, including
12 
medicines on board, and shall ensure access to shore facilities for the health of
13 
seafarers, as weU as the corresponding medical or trained personnel who shall provide
14 
first-aid and medical care.
15 
The medicine chest and its contents, the medical equipment, and the medical
16 
guide on board shall be maintained and inspected regularly to ensure that labeling,
17 
expiry dates, and conditions of storage of aU medicines and the directions for their use
18 
are checked, and all equipment are functioning properly.
19 
The shipowner shall ensure that seafarers have access to medical treatment for
20 
any illness or injury, hospitalization, and dental treatment imtil the sick or injured
21 
seafarer has recovered or until the sickness or incapacity has been declared of a
22 
permanent character.
23 
A seafarer shall have the right to consult a qualified physician or dentist
24 
without delay in ports of caU, where practicable.
25 
The health protection and medical care under this Section shall be provided at
26 
no cost to the seafarer, in accordance with rules and regulations issued for this
27 
pmpose.
28 
Sec. 41. Protection of Seafarers from Epidemics, Pandemics, or Other Public Health
29 
Emergencies. - Seafarers on ships should be covered by adequate measures for
30 
protection from health-related outbreaks, such as epidemics and pandemics.
16


1 
including the provision of personal protective supplies and equipment, as
2 
appropriate.
3 
Seafarers shall have access to prompt and adequate medical care while on
4 
board, including medical advice and confidential helplines on physical and mental
5 
health, which shall be free of charge.
6 
Shipowners shall institute preventive measures in accordance with the health
7 
regulations of the Flag State and the appropriate guidelines issued by the World
8 
Health Organization (WHO), including the necessary disinfection, decontamination,
9 
de- ratting, or other measures necessary to prevent the spread of infection or
10 
contamination. Affected seafarers shall also be properly isolated and treated pursuant
11 
to established gmdeHnes of the Flag State, the WHO, and applicable rules and
12 
regulations.
13 
In ports of call, seafarers in need of medical care shall have access to medical
14 
facihties onshore.
15 
The transit of seafarers who are medically fit to work shall be facilitated and
16 
exempted from travel-related, health-related, or movement restrictions until arrival at
17 
the point of destination.
18 
Sec. 42. Financial Security System to Assist Seafarers in case of Occupational Injury
19 
and Other Causes. - In accordance with the MLC, 2006 on Financial Security for vessels,
20 
the shipowner shall provide an expeditious and effective financial security system to
21 
assist seafarers in the event of their abandonment and to assure compensation for
22 
contractual claims in the event of sickness, injuiy, or death occmring while they are
23 
serving under a seafarer's employment contract or arising from their employment
24 
under such agreement.
25 
CHAPTER X
26 
TERMINATION OF EMPLOYMENT
27 
Sec. 43. Termination of Employment -
28 
a) The employment of seafarers on board Philippine-registered ships operating
29 
intemationally, as well as those on board foreign-registered ships, shall cease
30 
when the seafarers complete their period of contractual service aboard the ship,
31 
signs-off from the ship, and arrive at the destination as specified under this
32 
paragraph (b) of this Section;
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31
b) The employment is also terminated effective upon arrival at the point of 
destination, which shall either be at the point of hire or the seafarer's place of 
domicile, at the option of the seafarer, or in case of the seafarer's incapacity or 
death, at the option of his/her next-of-kin, 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: (i) fit for repatriation; or (ii)when after 
an illness, the seafarer is declared fit to work, but the shipowner is 
unable to find employment for the seafarer on board the ship originally 
boarded or another ship of the shipowner;
2) When the seafarer signs-off due to sale of the ship, lay-up of the ship, 
discontinuance of voyage or change of ship principal, shipwreck, 
grounding, or unseaworthiness;
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 Standard Employment Contract.
Sec. 44. Extension of Employment - In the event of the extension of the term of a 
seafarer's employment contract, the seafarer shall be furnished a copy of the new, or 
supplemental contract covering the extension of his employment, with adequate time 
to review and obtain expert advice regarding the terms and conditions of his/her 
extended employment, which shaU in no case be lower than the terms of his/her 
original employment. In aU cases, the shipowner, or a duly authorized representative 
or the manning agency shaU ensure that the seafarer has considered the effect of such 
an extension to any accumulated entitlement and repatriation benefits, among others.
Manning agencies and shipowners shaU submit periodic reports to the DMW 
on the welfare and weU-being of seafarers subjected to such contract extensions.
CHAPTER XI
SETTLEMENT OF DISPUTES
Sec. 45. On board and Onshore Grievance Machinery. - AU ships of PhUippine 
registry shaU establish a grievance machinery and fair, effective, and expeditious on
18


1 
board and onshore procedures, at no cost to the seafarer, for the resolution of
2 
grievances or complaints.
3 
Any grievance or complaints shall first be referred to the appropriate grievance
4 
mechanism provided under this Section. In cases where a seafarer is a member of a
5 
legitimate trade union organization and covered by a CBA, he/ she shall be assisted
6 
by a union-designated representative in the proceedings. Any agreements reached by
7 
the parties at the grievance proceedings shall be final and binding.
8 
Sec. 46. Mandatory Conciliation - Mediation. -In the absence of an agreement or
9 
settlement at the grievance machinery level, the following rules shall apply:
10 
a) If there is a CBA, the matter shall be submitted for voluntary arbitration in
11 
accordance with existing laws, rules, and regulations;
12 
b) If there is no CBA, the parties shall have the option to submit the case to
13 
compulsory arbitration or volimtary arbitration, or conciliation-mediation
14 
seivices provided under Repubhc Act No. 10396, otherwise known as "An Act
15 
Strengthening Conciliation-Mediation as a Voluntary Mode of Dispute
16 
Settlement for all Labor Cases, Amending for this Purpose Article 228 of
17 
Presidential Decree No. 442, as amended. Otherwise Known as the 'Labor Code
18 
of the Phihppines'" and its implementing rules and regulations.
19 
Sec. 47. Maritime Industry Labor Arbitration. - There shall be a pool of trained
20 
maritime industry conciliators-mediators and experts with the appropriate
21 
competence, integrity, and knowledge of the Philippine and global maritime industry
22 
practices and standards, MLC, 2006, and related PhiHppine-ratified conventions and
23 
treaties, who shall handle the mediation or conciliation or arbitration of aU issues
24 
relating to the employment of seafarers.
25 
CHAPTER Xn
26 
REPATRIATION
27 
Sec. 48. Seafarers' Repatriation. - In aU cases of repatriation, the affected seafarer
28 
shall be repatriated to the point of hire or the place of domicile of the seafarer, at
29 
his/her option, or in case of incapacity or death, at the option of his/her next-of- kin,
30 
and all costs related to the repatriation and/or transport of the personal effects and
31 
remains of seafarers, including the provision on financial security in case of
32 
abandonment of seafarers, shall be borne by or charged to the shipowner or the
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1 
manning agency concerned to expedite the repatriation without prior determination
2 
of the cause of repatriation or termination of the seafarer's employment
3 
Sec. 49. Repatriation Expenses; Advance and Recovery. - The repatriation expenses
4 
that shall be borne by or charged to the shipowner or the manning agency concerned
5 
shall include:
6 
a) Basic pay and allowances from the moment the seafarers leave the ship until
7 
a) they reach the repatriation destination;
8 
b) Accommodation and food during the journey to the repatriation destination;
9 
c) Transportation charges, the normal mode of transport should be by air;
10 
d) Deployment cost of the principal; and
11 
e) Immigration fees, fines, and penalties.
12 
However, in cases where the termination of employment is for just cause or
13 
upon the request of the seafarer, the cost of repatriation shall be for the account of the
14 
seafarer in accordance with the employment agreement.
15 
The responsibility to provide for the repatriation costs shall be without
16 
prejudice to the right to civil, criminal, or other claims in accordance with law or
17 
otherwise, particularly in cases of maritime accident or death other than natural
18 
causes.
19 
Sec. 50. Quarantine and Medical Expenses in Repatriation Due to Infection, Epidemics
20 
or Pandemic. - Before or during the process of repatriation, the expenses of medical
21 
care and board and lodging for periods spent by seafarers in self-isolation or
22 
quarantine, whether the seafarers have symptoms, have been exposed or are
23 
quarantined as a safety precaution for the community, shall be covered by the
24 
shipowner or maiming agency imtil the seafarers have been duly repatriated to the
25 
repatriation destination. Thereafter, medical care and quarantine expenses after
26 
repatriation to the destination shall be borne by the Phihppine government, following
27 
the whole-of-government approach in the management of epidemics/pandemics.
28 
Sec. 51. Waiver of Entitlement to Repatriation. - Entitlement to repatriation may
29 
be waived by a seafarer; Provided, That the waiver shall be written, made freely and
30 
voluntarily, with full knowledge of its consequences; Provided, however, that no such
31 
waiver shall be allowed or presumed when a seafarers is abandoned, held captive on
32 
or off the ship as a result of acts of piracy or armed robbery against the ship, or are
20


1 
incapable of baveling due to illness, injury or incapacity, or other cases that affect the
2 
seafarer's safety and security.
3 
CHAPTER Xm
4 
REINTEGRAHON OF OVERSEAS FILIPINO SEAFARERS
5 
Sec. 52. Reintegration. - There shale developed and implemented a full-cycle and
6 
comprehensive national reintegration program for seafarers, which shall be
7 
embedded in aU stages of migration for work beginning from pre-deployment, on-site
8 
during employment and upon return, whether voluntary or involimtary. The
9 
reintegration program shall cover the different dimensions of support needed by the
10 
seafarer, such as economic, social, psychosocial, and cultural, including skills
11 
certification and recognition of equivalency for effective employment services, and
12 
shall ensure contribution to national development through investments and transfer
13 
of technology from skilled or professional seafarers.
14 
CHAPTER XIV
15 
MANNING LEVELS AND COMPLIANCE AND ENFORCEMENT
16 
OF SHIPS OF PHILIPPINE REGISTRY
17 
Sec. 53. Manning Levels. -AU ships of Philippine registry shaU have the required
18 
minimum manning levels as prescribed by the Maritime Industry Authority
19 
(MARINA). They shaU, at all times, be manned by a crew that is adequate in terms of
20 
size and qualifications taking into account the need to operate the vessel safely and
21 
efficiently.
22 
Sec. 54. Crew Competence. - Every member of the crew of a ship of Philippine
23 
Registry shaU possess, in addition to the required medical certificate, the appropriate
24 
certificate of competency issued by the relevant government agency/ies, setting forth
25 
his/her competence to serve in the capacity, and perform the functions involved at
26 
the level of responsibiUty, for the position held, for the type, tonnage, power, means
27 
of propulsion, and trading patterns of the ships concerned.
28 
The certificate of competency shaU attest that the seafarer to whom it is issued
29 
meets the requirements for service, age, qualification, and examinations for the
30 
position held.
31 
Sec. 55. Compliance and Certification. - AU ships of PhiUppine registry shall
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comply with the provisions of this Act. The shipowner and master shall ensure the 
compliance of the ship with this Act and its implementing rules and regulations, who 
shall be made principally liable for any violation thereof.
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 of this Act.
Sec. 56. Inspection and Enforcement. -
a) The Secretary of Labor or the appropriate Secretary in-charge of migration- 
related matters, or his/her duly authorized representative, shall have the 
authority to inspect all ships of Philippine registry, domestic or ocean-going, to 
enstue compHance with labor standards and occupational safety and health as 
provided under this Act.
The enforcement and compHance monitoring activities may be coordinated and 
conducted by the DOLE with the relevant government agencies, including 
MARINA and PCG, in conjunction with their schedules for inspection and 
certification.
The Secretary of Labor or the appropriate Secretary in-charge of migration- 
related matters, or his/her duly authorized representative shall have the power 
to order immediate correction of, and impose fines for, violations of the 
relevant provisions of this Act
If the violation or deficiency constitutes a serious breach of the requirement of 
this Act and its implementing rules and regulations or poses an imminent 
danger to the ships, and/or to the Hfe or Hmbs of the seafarer, the Secretary of 
Labor or the appropriate Secretary in-charge of migration-related matters, or 
his/her duly authorized representative shall coordinate with the PCG to order 
the detention of the ship immediately until the violation or deficiency is 
corrected or xmtil a plan of action to rectify the non-conformities is shown to be 
implemented in an expeditious manner.
b) The PhiHppine Coast Guard (PCG) shall have the authority to conduct port 
state control inspections of vessels, including all foreign-flagged vessels, calling 
at any port of the PhOippines, for the promotion of safety of life and property 
at sea, control and prevention of maritime poUution, and verification of
22


1 
compliance with the minimum standards of training and social condition of
2 
officers and crew on board the ships. The PCG shall assist relevant agencies in
3 
the enforcement of the provisions of this Act and its implementing rules and
4 
regulations, and the MLC, 2006.
5 
The conduct of port state controls shall be in accordance with international
6 
conventions and instruments ratified or to be ratified in the future.
7 
The PCG Commandant or his/her duly authorized representative shall have
8 
the power to order immediate correction of, and impose fines for, violations of
9 
the relevant provisions of this Act.
10 
The PCG shall prohibit a ship from leaving port upon the order of the Secretary
11 
of Labor or the appropriate Secretary in-charge of migration-related matters, or
12 
in case of finding of non-compliance with the provisions of this Act and the
13 
MLC, 2006 and/or its amendments and the conditions on board are clearly
14 
hazardous to the safety, health, or security of seafarers. In ail cases, the
15 
prohibition to leave the port shall be in place until the same have been rectified
16 
or until a plan of action to rectify the non-conformities is shown to be
17 
implemented in an expeditious manner, and cleared by the Secretary of Labor
18 
or the appropriate Secretary in-charge of migration-related matters.
19 
Sec. 57. Recognized Organizations. - Recognized organizations may be
20 
authorized by the Secretary of Labor to conduct inspection and issue certification in
21 
accordance with the provisions of this Act and its implementing rules and regulations.
22 
A recognized organization shall have the necessary knowledge of the requirements of
23 
this Act and its implementing rules and regulations, MLC, 2006, and other relevant
24 
international treaties or conventions.
25 
A recognized organization shall also have the necessary and qualified
26 
professional, technical, and support expertise to carry out the conduct of inspection
27 
and issuance of certification.
28 
CHAPTER XV
29 
SHIPBOARD TRAINING OF CADETS
30 
Sec. 58. Applicability. -The provisions of Sections 5 to 17 (Seafarers' Rights),
31 
Sections 18 to 19 (Women in the Maritime Industry), Section 22 (Medical Certificate),
32 
Sections 35 to 39 (Accommodation, Recreation Facilities, Food and Catering in Ships),
23


1 
Section 40 (Medical Care On Board Ships and Ashore), Sections 45 to 47 (Settlement
2 
of Disputes), Sections 48 to 50 (Repatriation) shall apply with respect to the training
3 
of cadets.
4 
Sec. 59. Shipboard Training Agreement for Cadets. -There shaU be a written
5 
agreement among the shipowner, the cadet, and the maritime institution or school,
6 
which shaU embody the following information, terms, and conditions:
7 
a) Cadet's full name, date of birth, birthplace, and age, which should be at least
8 
16 years old;
9 
b) Name cmd address of maritime institution or school;
10 
c) Name and address of shipowner and its manning and placement agency, if
11 
applicable;
12 
d) Place and date when the agreement is entered into;
13 
e) Capacity in which the cadet is to be trained;
14 
f) The amoimt of the cadet's allowance or stipend, if applicable;
15 
g) Required number of hours of training and rest which shall not be less than the
16 
prescribed hours of rest in Section 23 of this Act;
17 
h) Duties and responsibilities of the sponsoring company, the Maritime Higher
18 
Educational Institution (MHEIs), and cadets, as may be provided under
19 
existing cadet training agreement standards; and
20 
i) Other benefits in accordance with existing laws, company poHcy, or
21 
agreements.
22 
In no case shall cadets perform activities outside of the scope of the cadet
23 
shipboard training program.
24 
The foregoing agreement shaU be in a language famiUar to and understood by
25 
aU parties or in English, executed in four (4) original copies before the commencement
26 
of the shipboard training. The shipowner, cadet and the maritime institution/ school
27 
shaU each have a signed original of the agreement, and an electronic copy thereof shaU
28 
be submitted to the DOLE, through the Bureau of Working Conditions (BWC). A
29 
signed original copy shall also be made available on-board the ship.
30 
Sec. 60. No Discrimination of Women for Shipboard Training. - Women cadets shaU
31 
be accorded equal access to training and shaU not be discriminated against for
32 
shipboard training.
24


1 
CHAPTER XVI
2 
INCENTIVES AND AWARDS GRANTED TO THE MARITIME INDUSTRY
3 
Sec. 61. Incentives and Awards. -There shaU be established an incentives and
4 
awards system for the maritime industry stakeholders, which shall be developed and
5 
administered by the concerned government agency upon consultation with the
6 
Maritime Industry Tripartite Council (MITC).
7 
Under such rules and regulations that may be promulgated, deserving 2
8 
shipowners, seafarers, manning, and other organizations or entities shall be
9 
commended or awarded for their outstanding performance in upholding the rights of
10 
seafarers and complying with this Act.
11 
CHAPTER XVII
12 
ROLE OF GOVERNMENT AGENCIES
13 
Sec. 62. Role of Government Agencies. - The following government agencies shall
14 
perform the following functions to promote the welfare and protect the rights of
15 
seafarers:
16 
a) Commission on Higher Education (CHED). CHED shall set the standards and
17 
monitor the performance of maritime education programs and maritime higher
18 
education institutions, ensuring that quality maritime education, including
19 
curricula and training programs, are structured and deHvered in accordance
20 
with the written programs, methods, and media of delivery, procedures, and
21 
course materials comphant with international standards prescribed imder the
22 
STCW Convention and its amendments. For this purpose, CHED shall be in
23 
close coordination with the MARINA.
24 
b) Department of Labor and Employment (DOLE). DOLE shall ensure that the
25 
standards set forth under this Act, Presidential Decree No. 442, as amended,
26 
and other domestic laws, the MLC, 2006 and other international treaties and
27 
conventions to which the Philippines is a signatory are faithfully complied with
28 
and fairly apphed to seafarers.
29 
To this end, the DOLE shall establish an effective system for the inspection and
30 
certification to ensure that the working and living conditions of seafarers are
31 
met and continue to be met pursuant to the MLC, 2006.
25


1 
c) Department of Foreign Affairs (DFA). DFA, through its consular offices or
2 
foreign sei'vice posts, in coordination with the appropriate government agency,
3 
shall take priority action or make representation with the foreign authority
4 
concerned to protect the rights of seafarers and extend immediate assistance,
5 
including the repatriation of distressed or beleaguered seafarers.
6 
d) Department of Health (DOH). DOH shall regulate the activities and operations
7 
of all clinics which conduct medical, physical, optical, dental, psychological,
8 
and other similar examinations, hereinafter referred to as health examinations,
9 
on seafarers.
10 
The DOH shall determine and prescribe the nature of the medical examination
11 
that shall be required of a seafarer, ensuring that such examination wiU
12 
genuinely determine the seafarer's State of health, considering the duties that
13 
he/she shall be required to perform on board. The DOH shall likewise
14 
prescribe the contents of the medical certificate to ensure that such certification
15 
will genuinely reflect the seafarer's state of health.
16 
e) Overseas Workers' Welfare Administration (OWWA). The OWWA, through its
17 
welfare officer or, in his absence, the coordinating officer, shall provide the
18 
seafarers and his/her family all the assistance they may need in the
19 
enforcement of contractual obligations by agencies and/or by their principals.
20 
The OWWA shall likewise formulate and implement welfare programs for
21 
overseas FiHpino seafarers and their families while they are abroad and upon
22 
their return. It shall ensure the awareness by the overseas Filipino workers and
23 
their families of these programs and other related governmental programs.
24 
f) Maritime Industry Authority (MARINA). The MARINA shall ensure that the
25 
examination, licensing, and certification system for seafarers are in accordance
26 
with the requirements prescribed under the STOW Convention, international
27 
agreements, other conventions relevant thereto, and other applicable laws,
28 
rules, and regulations
29 
g) Phihppine Coast Guard (PCG). The PCG shall undertake port state control
30 
mspections of vessels calling at any port of the PhiHppines, in accordance with
31 
international conventions and standards, for the promotion of safety of life and
32 
property at sea, control and prevention of maritime pollution, and verification
26


1 
of compliance with the minimum standards of training and social condition of
2 
officers and crew on board the ships.
3 
The PCG shall likewise, in line with its fimction to assist in the enforcement of
4 
apphcable laws within the maritime jurisdiction of the Phihppines, assist the
5 
DOLE in the enforcement of the rules and regulations issued for the purpose
6 
of implementing the MLC, 2006, including orders to detain vessels foxmd in
7 
gross violation of pertinent laws, rules and regtdations.
8 
Unless otherwise provided in this Act, the mandate, power and function of all
9 
existing departments, agencies, and instrumentalities of the government, including
10 
government-owned and controlled corporations, shall remain and continue to be
11 
recognized in accordance with law or order creating them.
12 
Sec. 63. One-Stop Shop Center for OFWs (OSSO). — There shall be established in
13 
each region a One Stop Shop Center, as create and estabHshed under the Department
14 
of Migrant Workers Act.
15 
Sec. 64. Registry of Seafarers. — The DMW shall maintain a registry of all
16 
seafarers in The Phihppines; Provided, that the registry of seafarers aboard ocean-going
17 
ships shall be integrated to the management information system established under the
18 
Migrant Workers and Overseas Filipinos Act, as amended. The registry shah contain
19 
updated and relevant information or data to promote employment opportunities for
20 
seafarers, whether on board or ashore, or to provide a list of available training and
21 
education to support skills development and competencies of seafarers, as weU as a
22 
digitahzed copy of the duly executed contract.
23 
The DMW shall ensure comphance with RepubHc Act No. 10173, otherwise
24 
known as the "Data Privacy Act of 2012," and its implementing rules and regulations
25 
in handling the relevant information or data of seafarers in their respective registries.
26 
Sec. 65. Maritime Occupational Safety and Health Standards. -The DOLE, in
27 
consultation with the maritime industry stakeholders, shall formulate the Maritime
28 
Occupational Safety and Health Standards (MOSHS) pursuant to the provisions of
29 
Repubhc Act No. 11058, otherwise known as the "Occupational Safety and Health
30 
Law" and pertinent maritime conventions and treaties ratified by the Philippines.
31 
CHAPTER XVm
32 
FINAL PROVISIONS
27


1 
Sec. 66. Administrative Fines and Penalties. - Any shipowner, master, their
2 
representatives or other person who fails or refuses to present employment records,
3 
such as payrolls, daily time records, payslip, or other documents, such as medical
4 
records, when required by the individual seafarer, the Secretary of DMW or his duly
5 
authorized representative, or the duly authorized representative of a recognized
6 
organization, shall be subjected to administrative fines ranging from One Himdred
7 
Thousand Pesos (Phpl00,000) to One Million Pesos (Phpl,000,000), in accordance with
8 
the implementing rules and regulations of this Act.
9 
Sec. 67. Penalties for Violations of Section 55. - Any shipowner, master, their
10 
representatives who operate without, or fails to present, a valid Maritime Labour
11 
Certificate, or its equivalent, shall be punished with fines ranging from One Hxmdred
12 
Thousand Pesos (Phpl00,000) to One MiUion Pesos (Phpl,000,000.00), in accordance
13 
with the implementing rules and regulations of this Act.
14 
Sec. 68. Penalties for Violations of Sections 56 and 57. - Any person who, without
15 
proper authorization, exercises the authority granted to the Secretary of Labor and
16 
Employment under Sections 69 and 70 of this Act shall be punished with a fine of not
17 
less than Two Hundred Thousand Pesos (Php200,000.00) nor more than Two MiOion
18 
Pesos (Php2,000,000), or imprisonment of not less than one (1) year nor more than four
19 
(4) years, or both at the discretion of the court. The foregoing offense shall prescribe
20 
after five (5) years from its commission.
21 
Sec. 69. Transitory Provision. - All rights, privileges, and benefits previously
22 
enjoyed by seafarers before the effectivity of this Act, including those set forth in
23 
Presidential Decree No. 442, otherwise known as the Labor Code of the PhiHppines,
24 
as amended, and Republic Act No. 8042, otherwise known as the "Migrant Workers
25 
and Overseas Filipinos Act of 1995," as amended, shall continue to be recognized and
26 
shall not be diminished after the effectivity of this Act.
27 
Sec. 70. Implementing Rules and Regulations. - Within ninety (90) days from the
28 
effectivity of this Act, the DOLE, in coordination with DFA, MARINA, CHED,
29 
TESDA, PCG, OWWA, and other concerned agencies, and upon consultation with
30 
relevant stakeholders, shall formulate the rules and regulations for the effective
31 
implementation of this Act.
28


1 
Sec. 71. Separability Clause. - If, for any reason, any section, clause or term of this
2 
Act is held to be illegal, invalid, or unconstitutional, such parts not affected by such
3 
declaration shall remain in full force and effect.
4 
Sec. 72. Repealing Clause. -All laws, presidential decrees, issuances, executive
5 
orders, letters of instmction, rules, and regulations inconsistent with the provisions of
6 
this Act are hereby repealed or modified accordingly.
7 
Sec. 73. Effectivity Clause. -This Act shall take effect fifteen (15) days after its
8 
pubhcation in the Official Gazette or in a newspaper of general circulation.
9
Approved,
29