Republic of the Philippines

HOUSE

NINE
Fi

Hoase Bill No._ 379

F REPRESENTATIVES

'EENTH CONGRESS
Regular Session

Introduced by REP,

MARIA RACHEL J. ARENAS.

AN ACT INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS

EXPLANATORY NOTE
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The Philippines, is a State
agreement that desires to create a si
up-to-date standards of existing, m:
work. Considering our ratification o
the provisions provided therein.

y to the Maritime Labor Convention (MLC), an international
gle, coherent instrument embodying as far as possible all
itime labor conventions, to promote decent conditions of
the MLC on 20 August 2012, we are obliged to conform to

Our Filipino seafarers have pr
choice. Likewise, they have extend

ided our country national pride, for being the seafarer of
led huge monetary contributions, supporting our economic

growth through the annual dollar remittances, which last year alone reached approximately US

$.52 Billion. Considering theses con
grant them their much needed supp.

Our seafarers’ lives are alway:
perils at sea. By reason of such cir
them, through the enforcement of la
promote safety, health and welfare

This Act is intended to stren;

gt
and mechanisms all consistent ~

conditions of employment are duly
or international vessels.

This bill was first introduced by AN{

tributions, the State much recognize their significance and
rt.

at risk on board vessels, with every voyage, facing different

\stances, the government must find ample means to protect

policies and regulations that will ensure their well being,
easures.

en and guarantee the implementation of provisions, rules,
e standards set by the MLC, so that our Filipino seafarers’
\d properly safeguarded, whether they are on board domestic

|
GKLA Partylist dyring the 17" Congress.
1 | ) —
RIA RACHEL J. ARENAS:
tative

Represent
3rd District of the Province of Pangasinan



Republic of the Philippines
HOUSE OF REPRESENTATIVES

NINETEENTH CONGRESS
Fifst Regular Session

379

House Bill No.

Introduced by REP, MARIA RACHEL J. ARENAS
|

AN ACT INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS
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Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

| CHAPTER
PRELIMINARY PROVISIONS

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

‘SEC. 2. Declaration of Policies, It is hereby declared to be the policy of the State’

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

(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 Labor Convention 2006; and

(e) To recognize shipowners, mannihg 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 work to uplift the socio-economic wellbeing
of the Filipino seafarers' families


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 |
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SEC. 4. Definition of Terms. —|As used in this Act-

(a) Cadet refers to a student of a maftime education institution who is required to undergo
training on board registered intemnational ships or domestic ships to fulfill 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 done for cont or commercial purposes;

(c) International Maritime Conventipn 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 Labor Convention 2006;

(A) 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 ehtity engaged in the canvassing, enlisting, contracting,
transporting, utilizing, hiring or procuring whether for profit or not, of seafarers whether
domestic or international;

(f) Maritime Industry Stakeholders tefer 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 professignal associations of seafarers;

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

(h) Maritime Labor Certificate refers to the document that certifies that the. working and living
conditions of the seafarers on thé 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 reguatih or, inthe absence of such designation by collective
agreement or custom;

(i) Deck Officer refers to an officer qualified in accordance with Chapter Il 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;

(1) Philippine National refers to any|individual who is a citizen of the Philippines, or a
commercial partnership or c tion organized under the laws of the Philippines, at least
60% of the capital of which is red by citizens of the Philippines;

(m)Philippine Seafarers’ One Stop Processing Center (PSOC) refers to the facility which houses
multiple offices or agencies involved in providing services to seafarers in one roof:

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

(x) Ship or Vessel refers to any ind, 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 ather than those which navigate exclusively inland water or
water within or closely adjacent {o 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 b: charterer, who has assumed the respon:
‘operation and management of the ship, and who, on 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 fulfill certain of the duties or
responsibilities on behalf of the shipowner.

CHAPTER I
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
(4) 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 Exercise
collective bargaining and 10 partici

- Seafarers shall enjoy their right to self-organization, to
¢ 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 Education Advancement and Training at Reasonable and
Affordable Costs. - Seafarers shall have access to educational advancement and training at

reasonable and affordable costs.

Toward this end, relevant governm:

it 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;

(c) Promote quality maritime education and training that respond to the needs of the industry

and in accordance with minimus

SEC. 8. Right to Relevant li
organizations responsible for the r
mandated to provide seafarers relev:
seafarers’ organizations to relevant i
employment of their members.

All ships covered by this A
2006 and the grievance procedures

SEC. 9. Right to Consultati
shipowners’ organizations, as well
before adopting any maritime polic
of any maritime law that may dir

SEC 10. Right Against Dis
light against discrimination by sole
opportunities shall be promoted and)
guaranteed equally among male an‘

SEC 11. Right to Free L
violations of the provisions of this
independent counsel shall have the
expense subject to existing rules and

SEC 12. Right to Access Sp
time or off-duty shall have reason:

email and internet facilities, where
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p international maritime standards of competency

mation. — Shipowners, manning agencies, and other
itment and placement of Filipino seafarers shall be
information. This right shall include the right of
formation affecting the terms and conditions of

shall have a copy of the Maritime Labour Convention
vailable on board.

- Seafarers, shipowners and legitimate seafarers’ and
other relevant stakeholders, shall be adequately consulted
, executive issuance, rule or regulation or in the enactment

ly affect them or their families and beneficiaries.

rimination. — Upon employment, seafarers shall have the
of race, sex, religion and political opinion. Career
appropriate working and living conditions shall be
female seafarers.

Representation. - Seafarers who are victims of

(ct and who cannot afford the services of a competent and
ight to free legal assistance and protection at government's
regulations

munication. - Seafarers, especially during their free
le access to ship-to-shore telephone communications, and

ivailable.


(CHAPTER IIT

SEAFARERS’ DUTIES

‘SEC 13. Seafarers shall have the following duties

(a) To comply with and observe the
(b) To abide by lawful and reasonal
(c) To be obedient to the lawful
to comply with the shipowner’
instructions given in connection!
(4) To be diligent in the performan
cargo, whether on board, in tran
(e) To be, at all times, orderly and
Stevedores, port authorities, an
(f) To take personal responsibility

MINIMUM RI

SEC 14, Minimum Age. -

terms and conditions of the employment contract;

le company personnel policies;

smands of the Master or the Master's lawful successor, and
incipal's policy on Safety and operational procedures and

therewith;

of duties relating to the ship, its stores, equipment and

it or ashore;

to the shipmates, passengers, shippers,

other persons who have official business with the ship; and
be healthy at all times by practicing a healthy lifestyle.

CHAPTER IV
JUIREMTS FOR SEAFARERS

{o 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 those on board foreign registered ships.

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SEC 15. Medical Certificat

allowed to work on board a domesti
issued declaring the seafarer to be fit

The seafarer shall hold a vali
accredited by the Department of Hes
regulations.

The medical certificate shall
minimum requirements for perform

or ocean-going ship unless a medical certificate has been
for work.

fs - No seafarer shall be employed, engaged, or otherwise

id medical certificate issued by a medical facility duly
alth (DOH) ill accordance with its existing rules and

certify that the person is expected to be able to meet the
ing the duty specific to the person's post at sea safely and

effectively during the period of validity of the certificate.

For the purpose of this sect
requirements of STCW shall be

SEC 16. Training and Qu:
government agencies shall work, b

SEC 17. Recruitment and
recruitment agency shall be all

n, a medical certificate issued in accordance with the
fications. - Only seafarers certified by appropriate
employed or be engaged on board a ship.

lacement. - Only duly licensed manning or placement and
to operate and engage in the recruitment placement of



seafarers, in accordance with the rules and regulations as may be issued by the Secretary of
Labor and Employment.

No amount of fee shall be cHarged to the seafarers in the recruitment and placement.

work arrangement involving seafarers on board domestic ships shall be governed by existing

SEC 18. Contracting or Subcontracting of Services. - Contracting or Subcontracting
rules and regulations issued by the

ent of Labor and Employment (DOLE).

}
CHAPTER V
CADETSHIP
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SEC 19. Applicability. — The shipboard training of cadets shall be governed by
Sections 8, 10, 11, 12, 15, 42 and Chapters VII and IX hereof.

agreement between the shipowner on one hand, and the cadet and the maritime institution of

SEC 20. Shipboard oi for Cadets. — There shall be a written
school on the other, which shall include the following information and terms;

(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 ent is entered into;

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

(8) Amount of the cadet’s allowancé or stipend, if applicable;

(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 th¢ 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 wit

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

law, company policy or agreements.

The foregoing agreement shall be 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 shall also be made available on board the ship.

Maritime Higher Education Institutions (MHEIs) shall demonstrate that over the last
three (3) years, an average of at least sixty percent (60%) of students enrolled in their Bachelor
of Science in Marine Transportation (BSMT) or Bachelor of Science in Marine Engineering
(BSMarE) programs are able to secre cadet berths in connection with their studies. 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 mect


the above requirement are conferred

approved or accredited.

‘HAPTER VI

TERMS AND Cor DISTION OF EMPLOYMENT

SEC 21. Standard Employment Agreement for Seafarers. - There shall be an

agreement in writing between the
information and terms:

ipowner and the seafarer, which shall include the following,

(a) Seafarer’s full name, date oftirk or age, and birthplace;

(b) Shipowner’s name and address;
(c) Place where and date when the
(d) Capacity in which the seafarers

(e) Amount of the seafarers’ salary,

(f) Hours of work and hours of rest:

(g) Wages and wage-related benefits

farer’s employment agreement is entered into,
is to be employed;
and the formula used for calculating the same;

which include the following: overtime pay, holiday pay,

premium pay, paid leaves, 13th month pay, if applicable;

(h) Social Security and welfare ben
(i) Stipulation or repatriation or si
() Separation on repatriation or si
(k) Separation pay and retirement
(1) Reference to the collective
(m)Other benefits in accordance wit

The foregoing employment

efits;
ilar undertakings;
ilar undertakings,
if applicable;
ining agreement, if applicable, and
the law, company policy or agreements.

ent 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

have a signed original of the agreement. A signed

original shall be made available on board the ship.

For seafarers on board foreign registered ships, the Philippine Overseas Employment

Administration — Standard Employ:
observed.

When there is a collective bi
board the ship and readily accessibl

SEC 22. Wages. — Upon effe
Productivity Boards shall set the mit
in domestic shipping, taking into
seafarers and the criteria as determi
"Wage Rationalization Act". Provid
lower than the applicable minimum
Wages shall be paid at least once ev
exceeding sixteen (16) days.

ent Contract (POEA-SEC) approved by the DOLE shall be

ining agreement, a copy thereof must be maintained on
to the seafarers.

ivity of this Act, the Regional Tripartite Wages and
imum wage rates of the seafarers on board ships engaged
t the peculiarities of the employment arrangement of
jed pursuant to Republic Act No. 6727, otherwise known as
, that wages for actual work hours and days shall not be
rates in the domicile or head office of the employer.
‘two (2) weeks or twice (2) a month at intervals not



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 (Y)
hours, the maximum hours of work $hall not exceed fourteen (14) hours in any 24-hour period
and seventy-two (72) hours in any 7-day period.

The minimum hours of rest fot 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.

SEC 24. Paid Leave. - Whenever applicable, the seafarers shall be paid an annual leave
to be calculated on the basis of a minimum of 25 calendar days per month of employment.
For ships licensed to engage in domestic shipping, the pales found in Book Three Chapter Ill,
on "Holidays, Service Incentives Leave and Service Charges" of the Labor Code of the
Philippines shall continue to apply and shall be considered as substantially complying with
international standards unless higher annual leave is already provided under the Collective
Bargaining Agreement or by the shipowner as company practice or policy

(CHAPTER VII
EPATRIATION

SEC 25. Seafarers shall be entitled to Repatriation. All costs related to the repatriation or
transport of the personal effects of seafarers 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 seafarers during the journey
and transportation of thirty kilograms (30 kgs) 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 ativance the repatriation and other attendant costs, including
plane fare, deployment cost of the ptincipal and immigration fines and penalties, to
immediately repatriate the seafarer should the need for it arises, 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 shi 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 on board Foreign Registered Ships. — The
Overseas Workers Welfare Administration (OVVWA), in coordination with the Department of
Foreign Affairs (DFA) and in appropriate situations, with international agencies, shall


undertake the repatriation of seafarers in cases of war, epidemics, abandonment of ships by
shipowners, disasters or calamities, hatural or man-made, and other similar events without
prejudice to reimbursement by the ible shipowner or manning/ recruitment and
placement agency within sixty (60) Hays of notice. In such case, the POE-A shall
simultaneously identify and give notice to the shipowner or agency concerned.

‘The DFA shall take the lead in the repatriation of the affected seafarers in areas where
there are no Philippine Overseas Offices (POLO).

SEC 27. Repatriation for Seafarers on board Domestic Ships. — The provisions on
repatriation shall also apply to seafaters working on domestic ships. Seafarers on board
domestic ships shall be entitled 10 emergency repatriation in cases of war, epidemics,
abandonment of ships by shipowners, disasters or calamities, natural or man-made, and other
similar events. |

CHAPTER VIII
MANNING REQUIREMENTS

SEC 28. Manning Levels. — All ships of Philippine registry shall have the required
minimum manning levels in accordance with the requirements prescribed by MARINA.

Every ship shall be manned by a crew [hat 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 examinations for the position held.

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, or allow for further training and
education to support skills development and competencies Of seafarers in order to secure or
improve employment opportunities, as may be provided in the Implementing Rules and
Regulations of this Act.

CHAPTER IX
ACCOMMODATION, RECREATION FACILITIES, FOOD AND CATERING
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SEC 31. Application - requir
recreational facilities covering ships

(a) All ocean-going ships and dom
Maritime Labor Convention of

(b) Alll second-hand ships, whether
the Philippine Registry after the!
provided exemption by the rel

(c) All ships constructed prior to th
which have undergone major or
the Convention, unless provided

SEC 32. Accommodation F;
appropriate regulations, all ships of
accommodations for seafarers takin;
seafarers working or living on boar:

SEC 33. Requirements for S

sanitation facilities that meet the mini

to seafarers on board. The sanitati
for easy access to work stations. S

SEC 34. Recreational Facili
regulations, all ships of Philippine r
services that are appropriate and

Domestic ships are exempted
length of voyages of such ship whic}
use of comparable facilities on land.
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SEC 35. Food and Caterin;
promotion of health of seafarers. W
free food and drinking water of apj
adequately cover the requirements
and religious backgrounds of seafé
be in accordance with the standards
laws, rules and regulations

HEALTH PROTE

SEC 36. Medical Care of
adequate equipment, paraphernalia
shall ensure access to shore facilit
‘medical or trained personnel who

from

‘ements of this Chapter for crew accommodation and
of Philippine Registry shall be applicable to the following

tic ships constructed on or after the date when the
es into force;

going or domestic, acquired or leased, and entered in

ntry date into force of the said Convention unless
it Philippine government agency; and

entry into force of the Maritime Labor Convention 2006
Substantial structural alterations after the entry into force of
exemption by the relevant Philippine government agency

ilities. - Unless otherwise exempted herein or by
pine registry shall have safe, decent and adequate
into account the need to protect the health and safely of

nitation. - All ships Of Philippine registry shall have

imum standards for health and hygiene and are accessible

facilities shall be located at convenient places, allowing
te facilities shall be provided for male and female crew.

ies . - Unless otherwise exempted herein or by appropriate
istry shall have recreational facilities, amenities, and
ible to seafarers.

this requirement considering the trading patterns and
allow the crew to go home or to have access and make

~ The shipowner shall ensure the protection and
jenever applicable, shipowners shall ensure that ships serve
riate quality, quantity and nutritional value that
time ship and take into consideration the differing cultural
. Ail foods and drinks and the preparation thereof shall
the Sanitation Code of the Philippines and pertinent

CHAPTER X
‘CTION AND MEDICAL CARE

ard Ships and Ashore. - The shipowner shall provide
\d medical supplies, including medicines on board, and
for the health of seafarers, as well as the corresponding

all 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
injury, hospitalization and dental

iat seafarers have access to treatment for sickness of
ent.

The seafarer shall have the right to consult a qualified physician or dentist without delay

in ports of call, where practicable.

(CHAPTER XI

WELFARE AND SOCIAL SECURITY PROTECTION

bargaining agreement or other appli

-able social agreement, all seafarers shall be covered by the

SEC 37. Social Welfare rat — Without prejudice to established policy, collective

Social Security System, Employees’
Fund and other applicable laws.

COMPLIAN!

SEC 38. Compliance and

‘ompensation and State Insurance Fund, Philhealth, Pagibig

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HAPTER XII
E AND ENFORCEMENT

Certific

n, — All ships of the Philippine registry shall

comply with the provisions of this Act. The shipowner or master shall ensure the compliance of

the ship with this Act and its implem

The shipowner and mi
principally liable for any violati
regulations

For this purpose, a
applicable, shall be issued in

SEC 39. Inspection and
labor or a duly authorized represent
all Philippine ships, domestic or
Act.

The Secretary of Labor and
duly recognized organizations to
the provisions of this Act and its i

Unless directly exercised by
representative Shall have the power

=

jenting rules and regulations.

, as acting shipowner’s representative, shall be made
f the provisions of this Act and its implementing rules and

Maridite Labour Certificate or a Certificate of Compliance, as

.ce with the Implementing Regulations of this Act.

ive, shall have the sole and exclusive authority to inspect
-going to ensure compliance with the provisions of this

sare a — For the purpose of this Act, the Secretary of

Employment may authorize other government agencies or
\duct inspection and issue certification in accordance with

mplementing rules and regulations.

the Secretary of Labor and Employment, the duly authorized
to board ships and carry out any examination, test or inquiry



which they may consider necessary
observed

in order 10 satisfy themselves that the standards are strictly

The Secretary of Labor and Employment or the duly auth0 lazed representative shall have

the power to order immediate corr
this Act.

ion of, and impose fine for violations of the provisions of
]

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If the violation or deficiency constitutes serious breach of the requirement of this Act and

its implementing rules and regulati
of the seafarer, the Secretary of L

oF poses imminent danger to the ships or to the life or limb
}or or the duly authorized representative may order the

detention of the ship immediately until the violation or deficiency is corrected.
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SEC 40, Recognized Organization. — Recognized organizations may be authorized bv

the Secretary of Labor to conduct

inspection and issue certification in accordance with the

provisions of this Act and its implementing rules and regulations.

A recognized organization st
Act and its implementing rules an
relevant international treaty or conve

‘A recognized organization
technical and support expertise
certification.

I have the necessary knowledge of the requirements of this
regulations, Maritime Labour Certificate, 2006 and other
tion.

ll also have the necessary and qualified professional,
carry out the conduct of inspection and issuance of

HAPTER XII

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 b
complete their period of contractual

port of hire |

oard foreign-registered ships shall cease when the seafarers
\ervice aboard ship, sign off from the ship and arrive at the

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 declared: (I) fit for repatriati
‘employment for the seafarer onby

(2) When the seafarer signs-off du
change of ship principal, as pr

(3) When the seafarer voluntarily
contract within a reasonable peri

(4) When the seafarer is discharg

s disembarked for medical reasons in the event the seafarer
nn; or (2) fit to work, but the employer is unable to find
rd the former ship or another ship of the employer;

to ship's sale, lay-up of ship, discontinuance of voyage or
ided for in the POEA Standard Employment Contract,

igns in writing and signs off prior to the expiration of
as may be prescribed in the IRR of this Act, or

for just causes in accordance with the provisions of the



POEA Standard Employment C

(b) The termination of employment of

tract.

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
shall be governed by the POEA SE

SE

SEC 42. Onn board and
registry shall have a fair, effective
at no cost to the seafarer in

In cases where a seafarer i
grievance shall, as a conditio

seafarer on board a foreign vessel or foreign registered ship
or applicable collective bargaining agreement (CBA).

HAPTER XIV
T OF DISPUTES

inshore Grievance Machinery. — All ships of Philippine
\d expeditious on board and on-shore grievance machinery
ice with the implementing rules and regulations of this Act.

a member of a legitimate trade union organization, any
it to conciliation-mediation, undergo the grievance

mn pI
machinery with the involvement of the union as established in the CBA. Without prejudice 10
any existing law, any agreement reached by the parties during grievance machinery shall be final

and binding

SEC 43, Mandatory Conci
engaged, employed or working on b
of the conciliation-mediation servi

mediation desks at the Regional/ Fi

|

jiation-Mediation and Arbitration. — Seafarers, whether
cd ships of Philippine registry or other registries, shall avail

¢es of the DOLE pursuant to Republic Act 10396 and its

\d/ Provincial Offices of the DOLE or its attached agencies.

Implementing Rules and oom by filing a request for assistance before the conciliation-

In case of failure of concilia
the case shall be submitted for volt
the Labor Code, as amended. In
shall have the option to submit the

REINTEGRATION FO!

SEC 44, Reintegration. -
avail of the livelihood developm
concerned government agencies,
(OWWA), Technical Education
Livelihood Resource Center. (TLI
Maritime Polytechnic (NMP) and C!

‘These agencies shall form
of returning or unemployed seafar
port and shipping industry, and m:

jon-mediation in cases where seafarers are covered by CBA,

itary Arbitration in accordance with Articles 261 and 262 of

where seafarers are not covered bv the CBA, the seafarer
to Compulsory Arbitration or Voluntary Arbitration.

HAPTER XV
OVERSEAS FILIPINO SEAFARERS

Returning or unemployed overseas Filipino seafarers may
t, training programs and placements services offered by
including Overseas Workers Welfare Administration

0), Co Development Authority (TESDA), Technical and
?

), Cooperative Development Authority (CDA), National

's. The participation of the maritime industry, in. particular,
fitime educational institutions shall be likewise solicited by

= skills upgrading or retraining curricula to meet the needs



the DOLE in devising the appropriate retraining and local job placement programs for

unemployed seafarers.

The National Reintegration’
returning seafarers. The Center
Philippine Society, serve as a prom
and potentials for national develop

Center for OFWs (NRCO) shall attend to the needs of
| provide a mechanism for their reintegration into the
ion house for their local employment, and tap their skills

ent.

|
‘HAPTER XVI

INCENTIVES AND AWARDS GRANTED TO THE MARITIME INDUSTRY

SEC 45. Incentives an Awards. —
maritime industry stakeholders wi
government agency in consultation

Under such rules and
seafarers, manning and other organi
outstanding performance in upholdit

G

There shall be established an incentives and system for the
ich shall be developed and administered by the concem
with the Maritime Industry Tripartite Council (MITC),

lations that may be promulgated, deserving shipowners,
tions or entities shall be. commended or awarded for their
1g the rights of seafarers and complying with this Act.

|

HAPTER XVII

GOVERNMENT AGENCIES.

SEC 46. Roles of Governi

\e
perform the following functions mt

seafarers:

(a) Department of Labor and Empl
set forth under this Act, Presi
Maritime Labour Convention 2
the Philippines is a signatory
seafarers;

To this end, the DOLE
certification to ensure that the w
to be met pursuant to the Mariti

(b) Department of Foreign Affairs (
shall give paramount important
providing adequate and timely i
with foreign authorities concern
or beleaguered;

(c) Department of Health (DOH). -
clinics which conduct medical,

nt Agencies. - The following government agencies shall
promote the welfare and protect the rights of Filipino

ment (DOLE), - The DOLE shall ensure that the standards
jential Decree No. 442, as amended, and other laws, the
and other international treaties and conventions to which

fe faithfully complied with and fairly applied to Filipino

all establish an effective system for the inspection and
ing and living conditions of seafarers are met and continue
1¢ Labour Convention 2006;

FA). - The DEA, through its home offices or foreign posts,
to the safety and well-being of Filipino seafarers, by
jervention and assistance, such as representing their interests
and facilitating their repatriation when they are distressed

|The DOH shall regulate the activities and operations of all
physical, optical, dental, psychological and other similar

examinations, hereinafter referred to as health examinations, on Filipino Seafarers;



The DOH shall determine
be required of a seafarer, en:

seafarers state of health, consid
‘on board. The DOH shall likewi

id prescribe the nature of the medical examination that shall
ring that such examination will genuinely determine the
ing the duties that the seafarer shall be required to perform

prescribe the contents of the medical certificate to ensure

that such certification will genuinely reflect the seafarer's state of health.

(d) Philippine Overseas Employme
improve on the working condi
vessels of Philippine registry,
citizens and employed by forei

(e) Overseas Workers Welfare A
officers or coordinating officers,
assistance they may need in the en
principals. |
The OWWA shall likewise
Filipino seafarers and their families
the awareness by the overseas Filipi
related governmental programs.

it Administration (POEA). The POEA shall look into and

jons and terms of employment of the officers and crew of
id of such officers and crew members who are Filipino
vessels;

nso (OWWA). — The OWWA, throSugh its welfare

1 provide the Filipino seafarers and their families all the
forcement of contractual obligations by agencies and their

formulate and implement welfare programs for overseas
‘while they are abroad and upon their return. It shall ensure
ino workers and their families of these programs and other

(f ) Maritime Industry Authority (MARINA). - The MARINA shall ensure that all maritime

education including the curricula
accordance with the written pro;

and training programs are structured and delivered in
s, methods and media of delivery, procedures and course

materials compliant with international standards as prescribed under the STCW Convention.

(g) Philippine Coast Guard (PCG

— 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
Maritime Labour Convention 20
Of pertinent Jaws, rules and

Unless otherwise provided in
departments, agencies or instrument

Department Orders and other issuances implementing the
including orders to detain vessels found in gross violation
lations.

this Act, the mandate, power and function of all existing
ities 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 Seafa
established under Administrative C
available to the public, an integrated
public to conduct official transaction:
PSOC are as follows:

(a) Department of Foreign Affairs (
(b) Overseas Workers Welfare Adi
(c) Philippine Overseas Employm

one stop Processing Center (PSOC). - The PSOC, as
jer No. 56, has been tasked to operationalize and make
locument processing center for the seafarers and the general
The agencies that are mandated to provide services in the

FA);
inistration (OWWA);
it Administration (POEA);


(d) National Bureau of Investigation (NBI; and
(e) Philippine Statistics Authority (PSA)

|APTER XVIII
FINAL PROVISIONS
SEC 48. Administrative Fines and Penalties. — Any shipowner, master, their
representative or other person wha 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 subjected to administrative fines and
penalties in accordance with the Implementing Rules and Regulations (IRR)

SEC 49. Penalties for Violations of Sections 38 and 39. — Any person who, without
proper delegation, 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 (400,000.00), or imprisonment of
not less than one (I) year nor more than four (4) years, or both at the discretion of the court. The
offense provided herein shall prescribe after five (5) years from its commission.

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 of this
Act within ninety (90) days after its effectivity.

SEC 52. Separability Clause. - If, for any reason, any section, clause of term of this Act
is held to be illegal, invalid, or unconstitutional, such parts not affected by such declarations hall
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,