Republic ofthe Ptlippines|
HOUSE OF REPRESENTATIVES
Diliman, Quezon City

[UIMRETEENTHT CONGRESS:
Fiest Regolar Sesion

rouse nnn, 2708

“Introduced by
HON, MAURICIO G. DOMOGAN

EXPLANATORY NOTE,

Prevailing sate of things and avaiable data atest thatthe Pilippines is among
te tp if aa the No, 1, soarce of atime Tabor in he work. As 2 eater of fact the
Pigpives i repped as the “manning capital of the work!” Many of the veses
Aang in the wurld’s oceans an sets are now sand by Filipino seafarers who, dhouh
Feaeaeslave extbliched a reputation 2 seafarers who ate at par or efen move
‘Sten’ ad selile compared with seafarers from any oer coenty inthe word

Given the volune of Filipino overseas seafarers and thet considerable snnast

collar caruings (about 3 billion anally) which help sustain the counlry’s econeny

ature the need to come up with a definitive poli legisation that wil foster the
as nl prtection of seafarers has become more pressing,

Wile there have been attempts to addtess the plight of Filipino overseas seafarers
in labor and social legislation, legislalive effors have never rally been devoted and
fucosed exclusively to promoting and protecting their interests. ‘This would account for
the abfficalty faced both by the overseas seafarer and the courtsiqusi judicial agencies in
Ihe administation of justice A reading of exising juripnadence on overseas seafarers
whit rendily show the enoumous problem generated by the hodgepodge naire of Ines
TLvetning Filipino overseas seafarers. Ofen the costs or quasi judicial agencies ae Te
Retnowt recourse bit to cite provistoas from diferent bodies of aw which they fad
sentient tn onder digpase of the claims of issves ied by the parties. Ths
fanicular station lads 10 the confusing state of jueprdence and the absence of



tions (aking into consideration the
= pais inthe maitine sty

tte of their

js bill compliments this particular sector's working. conditions and
fequitements by identifying their basie rigs, and the labor standacs, benefits and
fenvermentscrvices tbey are ented to. In particular, this bill” aims to ensue that
Filipino overseas seafarers emain globally competitive inthe technology dependent
Inatitime indosry by requiring strict corspiance withthe mandate of the Inerational

om and Watchkeeping for Seafarers (8
likewise ensure ther continued employability.

amended) This in efect, wi

Filipina women have kept themselves abreast with the developments in varons
‘elds and professions thus making them eqully qualified to seve as overseas Seafarers.
‘Ow account ofthe. incieasing miner of Filipino women overseas seafarers over the past
fev yeas it was deeied croca! to adress their distinctive requirements, Hence, "the
bil's provisions on the prolubidon of discrimination based on pregnancy, on protcetion
from sevusl harassment well the stpolation on women's Facies,

Another equally imporan! innovation being intodaced i the emphasis given by
the bilo voluntary atbitation which iia syne with tbe nature of overseas seafaces
tmployment characterized by regoar though shot gaps ia Letween voyages. The short
breaks spent here in the Philippines by these seafarers leave thes with ery Tite time to
‘devote toa long ond tedious cout or administrative proceeding, Protracted litigation has
resold in discouraging. these overseas seafarers. from further pursuing, valid nd
legitimate cai.

“The bill likewise address the social welfare, tepatvation and reintegration
‘concerns of teuraing oF employed seafarers by prescribing their benefits along with,
the government services or programs that ean be tude available then.

‘Overseas seafarers work ae constantly exposed to extere working contions as
sch it is important that adequate health, social and disability benefits be afforded to
them. Recognizing the ipentaaceof insuring tis sector's social Security benefits he bill
‘seeks to impose minimum standards to promote humane working conditons aml social
secutily

“The provisions om illest recruitment under eiiing laws ate primaily made
applicable (0 land based overseas workers. Overseas seafarers are not exempt from
tinscrupulous recruiters ad, as soc, its essential to specifically extend the protection
to tis sector. The bill sma to fil this void though the coesponding Title on ileal



“The economic contrition of the Filipino overseas seafarers i 10 significant to
be dsvegaded. It is thetefor essential hat this key legislation dlreelyaddessing the
speci requinementsof this distinct sector of overseas workers be pasted in onder to
inew the possible decline and eventual loss of employment opportunities Tor the
tm Filipinos sho belong to this sector in the face OF growing teats From oor
Competitors.



2708

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

SECTION 1. Short Title- ‘This Act shall be known asthe “Overseas Seafarers Act.”

1. GENERAL PROVISIONS

SRCTION 2. Declaration of Policy

Gq) Mis the poli ofthe State to afford protection o Filipino overseas seafarers and

their families, promote thei

interest and safeguard their welfar

(b) The State through the agenci

concemed shall secure the best terms and
conditions of employment for Filipino overseas seafarers and ensure compliance

therewith;

(©) The State recognizes the interest of Filipino seafaeis and their families, the

urgent need to improve and sealign compensa

1» and benefits for seafarers in order to
ecp them at par with prevailing Intemational standards and those provided weder

collective bargaining agreements;

| (@) The state shall promote and improve the social and economic slats of Firing

| seafarers, their living and working conditions, their tenms of employment and carecr


prospects,

id alfmet and retain in the manning industry more seafarers with proper

‘competency, qualification and skills;

LL. SCOPE

SECTION 3, Applicability- All rights and benefits granted under this Act shall, except as

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

II, DEFINITION OF TERMS

SECTION 4. Definitions- For purposes of this Act:

(@) “Departure” refers to the actual departure from the point of hite of the seafarer

Lough air, sea or la

nd travel transpott to join his vessel in 9 Philippine or foreign port.

(b) “Master” includes every person having command and charge of the vessel except

(©) “Overseas Seafarer” refers 10 any person who fulfills the conditions 10 be
employed or engaged as part of the crew or complement of a ship navigating the foreign

seas other than a government ship used for military or non-commercial purposes. This

term includes seafarers serving on foreign maritime mobile offshore units who perform


functions similar to those cons

iuting a crew complement, fishennen and cruise ship

personnel.

@

mncipal” ot employer refers to any person, partnership or corporation repistered

and duly authorize to engage in overseas shipping activities engaging Filipino seafarers

(6) “Point of Hire” refers tothe place indicated in the contract of exployaments which

shall be the basis for determining commencement nx tersination of contract

(6 “Philippine Por” refers to any Philippine airport or seaport.

(@) “Recruitment and Placement Service” means any person, companys institution,

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

recruiting seafarers on behalf of employers or placing seafarers with employers

(8) “Ship owner” means the owner of the ship or any other organization oF person,
such asthe manager, agent or bare boat charterer, who has assumed the responsibility for
‘operation of the ship fom the ship owner andl who ow assuming suc responsibilities has

agreed to take over all the atlendant duties and respons

bilities.

| *SECW" refers to the Intemationsl Convention on Standards of ‘Training,

; Certification and Watchkeepi

ng for Seafarers, as amended



) “Vessel” includes any ship or boat of any nature whatsoever, ordinarily engaged

naritinie navigation other than a government ship used for mi

ry OF non-commercial

purposes.

TY. RECRUITMENT AND PLACEMENT.

SECTION 5. Recruitment and Placement Policies- All persons, companies, institutions,

agencies or organizations engaged in private recruitment and plac

services shall:

(a) Ensure that na fees or other charges for recruitment ot for providing employment
to seafarers are borne directly or indirectly, in whole or in part, by the seafarer; for this
purpose, costs of the national statutory medical examination cetiicates, a personal travel
document and the Seaman's Book shall not be deemed to be “fees or other charges for

recruitment”;

(6) Detesmis

ne whether and under which conditions recruitment and placement

services may place or recruit seafarers for overseas deployment;

(©) Specify, with due regard to the right to privacy and the need to protect
confidentiality, the conditions under which seafazers personal data may be processed by

eet

nt and placement services including the collection, storage, combination and

‘communication of such data to third pasties;


(Refrain from using means, mechanisms or lists intended to prevent or deter

seafarers from gaining employment.

rent and Placement Services- It shall be incumbent upon

vient and placement services to ensure tha

©) Any seafarer recruited or placed by them is qualified and holds the documents

necessary for the job concerned;

(©) Contracts of employment and articles of agreement are in acconlance with the
standard terms and conditions governing the employnteut of Filipino seafarers on-board
‘ocean-going, vessels as prescribed by the concemed agency of the Department of Labor

and Employment (DOLE),

(©) Seafarers are informed of their tights and duties under their contracts of

employ

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

(@) Proper arrangements are made for seafarers to examine their contracts of
‘employment and the atticles of agreement before and after they aze signed and for therm

lo receive a copy of the contract of employment;

(©) Adopt and implement measures which guarantee, as far a5 practicable, that the

employer has the means to protect seafarers from being stranded in a foreign pot;


(0 Maintain a register of all seafarers sectuited or placed through them and ensure

‘hat the same is avi

(ble for inspection by the national competent authority

SECTION 7, Deployment- ‘The government, through the designated DOLE agency,

ierest of protecting the welfate and safety of overseas seafarers shall formulate poli

on deployment and, may at any time, issue deployment advisories.

SECTION 8. Quali

(ions- To be considered eligible for overseas employment, a

sentarer must

(@) Bea Filipino citizen;

(b) Beat least 18 years ole;

(©) Be of good moral character;

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

as certified by a government accredited medical institution conducting physical and

medical examination for seafarers;

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

concemed as well as the requirements of the STCW as amended,


(©) Hold a valid passpontseaman’s service ecord book;

Be registered with and duly cetlified by the DOLE agency conceimed as eligible
cc) it

for overseas:

nployinent

Y.ILLEGAL RECRUITMENT

SECTION 9 Illegal Rectuitment- For purposes of this Code, illegal recruitenent shall

mean any act of can

ing, enlisting, conuacting, tsusposting, ti

ngs hing, oF
procuring seafarers and includes referring, contract services, promising or advertising for

employment abroad, whether for profit or not, when undertaken by a non-licensee oF

holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as,
amended, otherwise kiowa as the Labor Code of the Philippines: Provided, That any
such non-ticensee or non-holder who, in any manner, offers or promises for a fee

ciployiment absoad to to oF more persons shall be deemed so engaged. 1t sh

likewise

Jude the following acts, whether committed by say person, whether « non-iceusee,

non-holer, licensee or holder of authority:

(@) —Tocharge or accept direelly or indirectly any amount greater

1 that specified in
the schedule of allowable fees prescribed by the DOLE agency concemed, or 10 make a

seafarer pay any amount greater than that actually received by b

1s loan or advance;


(&) To furnish or publish any false notice or information or document int relation to
recruitment or employment;
© Togivem

false notice, testimony, information oF dacument oF commit any act

representation for the purpose of securing a license or authority under the Labor

@® Toi

luce or allempt to induce a seafarer already employed to quit his
employment in order to offer him another unless the transfer is designed to liberate a

seafarer from oppt

ive terms and conditions of employment;

(©) To influence oF aitempt to influence any person or entity not to employ any

seafater who has not applied for employment through his agency;

() —Toengage in the recruitment or placement of seafarers in jobs harmful to public

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

(2) To obstruct or attempt to obstruct inspection by the Secretary of Labor

Employment or by his duly authorized represen

(i) To fail to submit reports on the status of employment, placement vacancies,
remittance of foreign exchange earnings, separation from jobs, departures and such other

‘walters oF information as may be required by the Secretary of Labor and Employment;


6) ‘To substitute o alter to the prejudice of the seafarer, employment contracts
approved and verified by the DOLE agency concemed from the time of actual signing,

thereof by the parties up to and including the petiod of the expiration of the same without

the approval of the Depa

‘of Labor and Employmer

(Foran officer ot agent of a recruiter

‘manning, or placement agency to become

olficer or member of the Board of any corporation engaged in travel agency or to be

engaged direetly or indirectly in the

anagement of a travel agency;

(To withhold or deny travel documents fiom applicant seafuress before departure

for

monetary or financial considerations other than those authotized under the Labor

‘Code and ils implementing rules and regulations;

() Failure to actually deploy without valid reason as determiued by the DOLE,

agency concered; and

(an) Failure to reimburse expenses incurred by the seafarer in connection with his

documen

tion

processing for purposes of deployment, in cases where the
deploymest does not actually take place without the seafarer’s fault. Illegal recruitment
when committed by a syndicate or in large scale shall be considered an offense involving

‘economic sabotage.


legal recruitment is deemed committed by a syndicate if carried out by a group

of three (3) or more persous conspiring or confedes

1g wilh one another. It is deemed

ited in large scale if committed against three (3) or more petsons individ

lly oF as

a group.

"The persons criminally liable for the above offenses are the principals,

accomplices and accessories. In case of juridical petséns, the officers having, control,

ragement or direction of their business shall be liable.

SECTION 10. Penalties-

(@) Any person fouitd guilty of illegal recruitment shall suffer the penalty of
mnprisonment of not less than six (6) years and one (1) day but not more tan twelve (12)
years anil a fine of not less than Two hundred thousand pesos (P200,000.00) stor mote

than Five hundred thousand pesos (P500,000.00).

(b) The penalty of life imprisonment and a fine of not tess than Five hundred
thousand pesos (PS00,000.00) nor more than One million pesos (P1,000,000.00) shall be

inposed if illegal recruitment constitutes economic sabotage as defined herein. Provided,

however, Th

the maximuan penalty st

ll be imposed if the person illegally recruited is

less than eighteen (18) years of age or committed by a non licensee or non-holder of

authority.


SECTION 11. Prohibition on Officials and Employees- It shall be unlawful for any

off

‘or employee of the DOLE agency concemed, or other govemment agencies

invotved in th

plementation of this Act, or their relatives within the fourth civil degree

of consanguinity or affinity, to engage, directly 0

indirectly in the business of recrviting

overseas seafarers as defined in this Act. “Ihe penalties provided in the imme

preceding paragraph shall be imposed upon them.

SECTION 12.Venue- A e1

inal action arising from illegal recruitment as defined
herein shall be filed with the Regional Trial Coust of the province or city where the
offense was committed or where the offended party actually resides at the time of the

commission of the offense: Provided, That the court where the criminal action is first

filed shall acquire jutisdiction to the exclusion of other courts: Provided, however,

phat

the aforestated provis

shall also apply to those criminal actions that have already

been filed in court at the time of the effectivity of this Act

SECTION 13.Money Claims- Notwithstanding any provision of law to the contrary, the

Labor Arbi

5 of the National Labor Relations Commission (NLRC) shall have the
original and exclusive jurisdiction to hear and decide, within ninety (90) calendar days

aller the filing of the complaint, the clai

arising out of an employer-employee

relationship or by virtue of any law or contract involving Filipino dverseas seafarers

claims for actual, moral, exemplary and other forms of damages,


‘The liability of the principal/employer an the recruitmes

J. manning or placement

agency for any and all claims under this section shall be joint and several. ‘This provision
shall be incorporated in the contract for overseas employment and shall be a condition

precede

{or its approval. ‘The performance bond to be filed by the recruitinent, sn

or placement agency, as provided by law, shall be answerable forall money claims or
mages that may be asanded to the seafarers. IC the recruitment, manuing oF placement
apency isa juridical being, the corporate officers and dvectors and partners asthe ease
nay be, shall themselves be jointly and solidasily Table with the corporation or
partnership for the aforesaid claims and damages.

Such liabilities shall continue during the entire period or duration of the

employment contract and shall not be affected by any ‘sub

ion, amendment or
nodification made locally or in a foreign country of the said contract. Any

compro

amicable settlement or voluntary agreement on money claims inclusive of

damages under this section shall be paid within four (4) months from the approval of the

settlement by the appropriate authority.

tu case of termination of overseas employment without just, valid or authorized
cause as defined by law or contract, the seatarer shall be ened to the full
seimursement of his placement fee with interest al twelve percent (129) per annum,
ps his salaries forthe unexpited portion of his employment contactor for three (3)

months forevery year of the unexpired term, whichever is less


Noncompliance with the mandatory periods for resolutions of

provided
tuider this section shall subject the responsible officials to any oF all of the following

penalties:

(a) The salary of any such official who fails to rende

is decision oF resolution

within the prescribed period shall be, or cavsed to be, withheld until the said official

complies therew

(&) Suspension for not more than ninety (90) days: oF

© Disu

al from the service with disqualification to hold any appointive public

office for five (5) yeas,

Provided, however, That the penalties herein provided shall be without prejudice
to any liability which any such official may have incurred under other existing laws or

rules and regulations as « consequence of violating the provisions of this parageaph,

SECTION 14, Mandatory Periods for Resolution of tlegal Recivitwment Cases- ‘the
preliminary investigations of cases under this Act shall be terminated within a petiod of
thiey (0) calendar days from the date of their filing. Where the preliminary
investigation is conducted by a prosecution officer and a prin facie case is established,

the corresponding information shall be filed in court within twenty-four (24) hovrs from

the termination of the investigation, If the prelis

lary investigation is conducted by a


indge and a prima facie case is found to exist, the corresponding information shall be

filed by the proper prosecution

officer within forty-eight (48) hours from the date of

receipt of the records of the case

SECTION 15.Preser

ive Petiods- legal recruitment cases under this Act shall
prescribe in five (5) years: Provided, however, That illegal recruitment cases involving

sabotage as defined herein shall prescribe in twenty (20) yeas,

SECTION 16. Free Legal Assistance; Preferential Entitlement Under the Witness
Protection Program- A mechanism for free legal assistance for victims of illegal
recruitment shall be established within the DOLE including its regional offices. Such

meci

nism must include coordination and cooperation with the Department of J

tice,

the Integrated Bar of the Philippines, and other non-govemmental organizations and

volunteer groups.

‘The provisions of Republic Act No. 6981 to the contrary notwithstanding, any

pperson who is a victim of illegal recruitment shall be entitled to the Wituess Protection

Program provided thereunder.

‘VL. CONDITIONS OF EMPLOYMENT AND SOCIAL WELFARE BENEFITS

‘The Employment Agreement


SECTION 17, F

iployment Agreemy

The employer shall provide for a writt

employment agreement being drawn up with the seafarers conceming ship work, ‘The

agreement shall contain the terms and cov

ns stipulated in the st

lard employment
comteact drawn up by the DOLE ageney concerned, in patticulac the seafarers period of

employment which includes the cot

neement and duration of the seafarer’s contract;
seafarer’s right 10 fee passage and his service reconls! provision on rest periods;
satculotion andl payment of the seatuer's wages and remittances; accounting of wages;

imitations on wage deductions; saved wages; seafarer's place of discharge and notice of

tetminatio

ind port of departure,

SECTION 18, Prevent

‘organized and executed that the seafarer’s tife, health and welfare is well and
‘propriately ooked after. Wheu a seafarer is assigned to work, due regard shall be paid
{0 his qualifications to undertake the work on a safe and sound basis. Provisions shall be

sade (0

ure that the seafarer is infoiined of the hazards inherent in the work, and that

he is given the proper guidance and adeq)

We practice necessary to avoid such hazards.
SECTION 19. Sanitary Conditions- Measures should be undestaken to contol the
hnygiene, accommodation and cleantiness on board. ‘The master shall ensure that the crew

is provided a good and sufficient diet. He should also guarantee that the crew seceives the

‘necessary vaccination or inoculation as required by the circumstances ot the laws of any

Fy within the (errtorial jurisdiction of which the vessel may enter,


SECTION 20. Medical Examinali and Medical Service- Seafarers engaged to perform

services on bow a sip sha produce & medical cette othe effet at hie is not
seterng fom any isso psa or etal deect ending im anf or service oF

abies emnot constitute & danger to other persons on boat: ANY rember of the crow

nny also be requied to submit to «medical ea Jinatiow if the master has reason to,

nthe health a

ronmental conditions on board the vessel, ‘The ship owner shalt shoulder the

oe shat such examination is necessary t0 monitor an maint
| caer forte medical examinations aud services refered to in this section

SECIION 21. Protection from Sexual Harassment: It hall be the duty of the master and

she employer to prevent or deter the commission of sexual harassinent and to provide the
rocedures for the resofotion, settlement oF prosecution of ets of sexual harassment
‘Work slated sexual harassment is committed by an employer, exnployee, supervisor,
agew of the eniployer, ot any other person at, having authority, influence or moral
secondaney over anole ita work enviroment, demands, eaves of otherwise requires

semua favor fom another regardless of whether the denvan reqves OF requirement

is accepted by the object of said act

CHION 22. Facilities for Women Seafarers- The employer shall insure the safety and

tralth of wooren seafarers by providing adequate quarters ‘and facilities. Medical services

for women telated conditions shall ikewise be made availa when necessary


SECTION 23. Diss

minal

n against Pregnancy- It shall be unlaveful for an employer to

require as a condition for employment or continuation of employment that a woman

seafater shall not get pregnant. A. pregnant seafater shall be entitled to apply for leave of

absence immediately upon discovery of pregnancy.

SECTION 24. Considerations of Seaworthiness- If more than half of the crew makes a
complaint to the master regarding the seaworthiness of the ship for the forthcoming,
voyage, or if the chief engineer or first mate makes a similar complaint regarding the part

of the ship for the fortheor

1g voyage, or if the chief engineer or first mate makes a

similar complaint regarding the part of the ship, appurtenances or equipment under their

respective supervision, the master shall be bound to have the ship examined.

If the examination shows that the complaint lacked reasonable foundation,

‘compensation for damages caused shall be payable

SECTION 25, Short Manning- Where

1's complement falls short of the minimum
nanning requitements, for whatever reasons, the wages saved thereby shall be distributed
evenly among the members of the reduced complement, or where applicable, as maybe

provided for in a Collective Bargai

ing Agreement.

SECTION 26. War and Warlike Operations Allowance- If at the time of the sign

ng of

the contract, an area is declared a war or wartisk trading area and the seafarer binds

himself in writing to sail into that area, the agreement shall be properly appended to the


Contract for verification and approval by the DOLE agency concerned. The seafarer shall

‘comply with the agreen

cit or shall bear his cost of repatsiation when he opts not to sail

into a war or wat

isk Uading area,

‘The seafarer when sailing within a war-risk trading area shall be entitled to such

premium pay as the recognized competent authority may detennine’

Social Security and Disability Benefics

SECTION 27. Care of the Sick or Injured- in ease of work related illness or injury , the
tnaster shall arrange for the seafarer to receive proper nuising care on board oF ashore,
including medical atention, medicines and maintenance

The sick o injured scafarer shall continue to receive his wages during the time he

con board the vessel.

AF the work related injury ot illness requires medical and/or dental treatment in a

foreign port, the employer shall be liable for the full cost of such medi

1, serious dental,
surgical and hospital treatment as well as board and lodging walil the seafarer is declared

fit to work or to be repatriated.

SECTION 28. Care for Repatriated Seafarers- If after repatriation, the seafarer stil

requires medical attention arising from said work related injuty or illness, he shall be $0


provided at cost to the employer until such ti

he is declared fit or the degree of his

disability has been established by the employer-designated physician.

SECTION 29. Disability - In case of work related total or partial disability of the

seafarer during the te

n of employment caused by either injury or illness the seafarer
shall be compensated in accordance with the schedule’ of benefits prescibed by the
DOLE agency concerned. Computation of his benefits arising from an illness or disease
shall be governed by the rates and the rules of compensation applicable at the time the

illness or disease was contracted.

No compeusation shall be payable in respect of any injury, incapacity, disability
or death of the seafarer resulting from his willful or criminal act, provided however, that
the employer-can prove that such injury, incapacity, disability or death is directly

altributable to seafarer.

When requested, the employer shall furnish the seafarer a copy of all pei

medical reponts o records at no cost to the seafarer,

SECTION 30. Compensation and Benefits for Death- In case of work related death of the
seafarer duting the term of his contract, the employer shall pay his beneficiaries the
corresponding death benefits. A scafater’s child under age of twenty-one (21) shall be

entitled to additional death benefits,


It is understood and agreed that the benefits mentioned in this section shall be
separate and distinct from, and will be in addition to whatever benefits which the seafarer
js entitled to under Philippine laws from the Social Security System, Overseas Workers

Welfare Administration and Pag-ibig, if applicable.

SECTION 31. Fmployer's Liability in Case of Death- When the seafarer dies as a result
of work related injury of illness during the term of employment, the employer's liability

are as follows:

(a) ‘The employer shall pay the deceased's beneficiary all outstanding obligations due

the seafarer under his Contract.

() ‘The employer shall notify the next of kin and make arrangement for butial o¢ for
the repatriation of the coffin. The master shall also inform the nearest Philippine Embassy

or Foreign Service Office of the death. The remains and personal effects of the se

©
shal! be transported (o the Philippines at employer's expense except if the death occurred
in a port where local government laws or regulations do not permit the transport of such

ns. In case death occurs at sea, the disposition of the remains shall be handled or
dealt with in accordance with the master’s best judgment. In all cases, the

employer/master shall communicate with the manning agency to advise for disposit

f

the seafarer's remains,

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


SECTION 32. Payment of Benefits: The employer, in discharging its respos

bility to
provide safe and decent working conditions, should have effective arrangements for the

payment of death of personal

ry benefits provided in this Title. The employer shall

Aikewise arrange for effective insurance coverage

Prompt payment of the seafaters’ claim shall be ensured by the employer and that
all valid contractual claims shall be promptly paid in full. The employer or its insurers
should likewise refrain from persuading seafarers to accept payments less than the
amount of benefits they are entitled to.

‘VIL. DISCIPLINARY AND DISPUTE SETTLEMENT PROCEDURE,

SECTION 33. Duties of the Employer/Master:

(@) To faithfully comply with the stipulated terms and co

ions of the employment

contract, particularly the prompt payment of wages, remittance of allotment and the

expeditious settlement of valid claims of the seafarer.

(0) To make operational on board the vessel the grievance machinery provided in this

contract and ensu

free access at all times by the seafarer,



(a) The seafarer shall faithfully comply with and observe the terms and conditions of

his contact, violations of which shall be subject to disciplinary action;

(b) ‘The seafarer shall treat the ship and the catgo with proper care and catty 0

duties as a whole with due responsibility;

(©) To comply with company rutes, regulations, and policies consistent with the rules

and regulations issued by the DOLE;

(@) To conduct himself in an ordetly and respectful mannet towards passengers and
shippers stevedores, port authorities and other persons on official business with the ship.

Each shall reat is or her colleagues on board with duc consideration;

(©) Where the seafarer is aggrieved, to observe the grievance procedure outlined in

this Act,

]ON 35. Disciplinary procedures The Master shall furnish erring seafarers with a
written notice containing the grounds for the charges. The date, time and place for a

Formal investigation of the charges against the seafarer concemed shall likewise be

indicated in said notice.

‘The Master or his authorized representative shall conduct the

Westigalion or

hearing, giving the seafarer the opportunity to expl

or defend himself against the

charges. An entry on the investigation shall be made in the ship's logbook. If after the


investigation or hearing, the Master is convinced that imposition of a penalty is j

ied,
the Master shall issue a written notice of penalty and the reasons therefor to the seafarer,

swith copies furnished to the manning agency which deployed! suid seafarer

SFCTION 36, Grievance Machinery

(@) If the seatwer considers himself aggrieved, he shall make his complaint in

accordance with the following procedu

L. ‘The seafarer shall first approach the head of the Department in which he is

sned to explain his grievance

2. ‘The seafater shall make his grievance in wiiti

1g and in an orderly manner

and should choose a time when his complaint or grievance ean be properly heard,

3, ‘The Department head shall deal with the complaint or grievance and,
whete solution is not possible at his level, refer the complaint or grievance to the Master

who shall handle the case personally.

If no satisfactory result is achieved, the seafarer concerned may appeal to

the management of the company or with a Philippine Labor Attaché or consular officer

‘overseas, The master shall afford such facilities necessary to enable the se

tran

mit his appeal.


5. If afer observing the grievance procedure the master finds that the

seafarer violated the terms of his Contract or has committed breach of

Jpline, the

er shall discipline the seafarcr or, if warranted, terminate his employment.

6, The seafarer may also seek the assistance of the highest-ranking Filipino

seafater on board

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

decisions agreed upon shall be properly documented for the protection and interest of

both parties.

SECTION 37. Dispute settlement- The procedure hetein stated shail be without prejudice
to the other actions that may be brought by the seafarer before the jurisdiction of the
NLRC and the concerned DOLE agency over any disciplinary action or case, involving

or arising out of violations of recruitment laws, rules and regulations involving

employers, principals, contracting partners and Filipino seafarers; or to the exclusive and
original jurisdiction of the voluntary arbitrator or panel of arbitrators appointed from the
accredited voluntary arbitrators of the National Conciliation and Mediation Board

(NCMB) of the DOLE. Any award or grant in the disposition made by said agencies shall

be deemed as satisfaction of all the movetary claims of the complainant seafarer

including those arising, from tort


SECTION 38. Voluntary Asbitration- Pursuant to the constitutional mandate on the
preferential use of voluntary modes of dispute settlement, the DOLE agency concemed
shall adopt procedural guidetines in the conduct of voluntary atbitration proceedings in

voluntary “arbitra

cases involving the maritime sector, and promote the use of
voluntary arbitration among the seafarers and the various sectors of the maritime

industry.

SECTION 39. Liability for Claims- ‘The liability of the principatfemployer and the

ng agency for any claims made by an overseas sedfarer under this Title shall be

and several.

SECTION 40. Prescription. Recognizing the peculiar nature of overseas shipboard
‘employment all monetary claims arising from the seafarer’s contract shall be made within

3 (thuee) years from the date of seafarers return to the point of hive.

Vil, POST EMPLOYMENT & REPATRIATION

SECTION 41. Termination of Employment- The employment of the seafarer shall cease

when the seafarer completes his period of contractual service aboard the vessel, signs-off

from the vessel and attives at the point of hire

‘The employment of the seafarer is also terminated when the seafascr artives at the

point of hite for any of the following reasons:


(a) when the seafarer signs-off and is disembarked for medical teasoy

(©) when the seafarer signs-off due to shipwreck, ship's sale, lay-up of vessel,

discontinuance of voyage or change of vessel;

(©) when the seafarer voluntarily resigns and signs off prior to expiration of contracts

(when the seafarer is discharged for just cause.

icate shall confirm the pregnancy i€ requested by the employer,

SECTION 42. Termination by ‘The Seafarer-

(@) A scafarer may term

following,

1) The ship is not in a seaworthy condi

2) The principal char

3) "The vessel is sold;

4) The vessel is shipwrecked;


5) The seafarer has been ill-treated on board aud the master has failed to

protect him when requested to do 50;

6) Whete the voyage is discontinued or substantially altered;

7) Alter the seafarer starts on board

ppents that the ship risks being Seized

by a belligerent power or exposed to war dh

we, OF that such risk has

incteased considerably; or

8) After the seafater starts onboard it appears that a violent epiden

hhas broken out in the pout for which the ship is bound,
(b) In cases mentioned in parmgraph (a), subparagraphs 6-8 hereof, the seafarer may
(ake his departure with immediate effect if the voyage has not commenced, or otherwise

at the ship's first port of call after he has become aware of the situation.

SECTION 43. Transfer- A s

farer may not be transferred at any port to any vessel
‘owned or operated, manned or managed by the same employer without the seafarer’s
consent. Upon such transfer, the position of the seafarer and the rate of his wages and
terms of services shall in no way be inferior and the total petiod of employment shall not
exceed that originally agsecd upon. Any form of transfer shall be documented and

reported by the manning agencies to the DOLE agency concemed


Repatriation

SECTION 44. Repat

n- The sepatriation of the seafarer and the transport of his
personal effects shall be the primary responsibility of the manning agency, which
recruited or deployed the seafarer. All costs atlendant to repatriation shall be bone by or
charged to the manning agency concemed and/or its principal. ‘The expenses of
repatiaton shall include the tansportalion charges, the accommodation and the food of
the seatarer during the journey. They shall aso include the maintenance of the seafarer
up (0 the time fixed for his departure, However, in cases where the termination of

employment is due solely to the fault of the worker, the prineipal/employer or manning

agency shall notin any snanner be responsible forthe repatriation ofthe former and/or

personal effects.

SECTION 45. Emergency Repatriation. The DOLE in coordination with appropy

international agencies, shall undertake the repatriation of seafarers in cases of war,
epidemic, disaster or calamities, natural or man-made, and other similar events without
prejudice to reimbursement by the responsible principal or manning, agency. However, in
‘cases where the principal or manning agency cannot be identified, all costs attendant to

tepatriation of the seaman shall be borne by the emergency repatriation,

SFCTION 46. Repatriation of Underage Seafarers- Upon discovery or being informed of
the presence of a seafarer whose actual age falls below the minimum age requirement

prescribed by Philippine law, the concemed Philippine foreign service officer shall


without delay sepatriate said seafarer and adv

the Department of Fo

soon as possible of sel discovery and oer etevant avlomnatin

SECTION 47. Post-Fimployment Benefits: tn edition (0 whatever benefits they are

ited to wuder the Social Security System and the Overseas Workers Welfare

A

vn, if applicable, rotting seafarers covered) by collective bargaining,
| agreements shall be emitted to such post-employment benefits a5 may Be provided in

their espective agreements. Unorganized seafarers on the other hand may, upon notice to

ning agencies and principals, autorize the deduction of 2 specified percentage
‘of their monthly wages to form patt of the seafarers selfccontributed post-employment
fund, the amount (0 be deducted shall be pce In aw sesownt in the name of the

| contibuting seafarer.

| 1X. REINTEGRATIONIRE-PLACEMENT SERVICES

SECTION 48. Retraining and Re-itegrtion- Returning of sinemployed seafarers may
avail of the livelihood development/re-training, Progran's and re-placement services

offered by the concesed agencies of the DOLE.

“ese agencies shall formulate skills upgrading or reteaning cursicula to meet the
| jeeds of returning or unemployed seafarers. The participation of the maritime industry, in

anticular the Focal port and shipping Hwdustys and suaritime educational institutions,


| shal likewise be soicited by the DOLE devising the appropriate retraining and Local jo

placement programs for unemployed seafarers. :

SECTION 49. Scholarship Program- Qualified overseas seafaters oF 1

ir iimmedinte

descenvlants, who intend to pursue science and technology related courses, may through
the concerned DOLE agency apply for scholarships under the Congressional Migrant
| Wotkers Scholarship Program which shall benefit deserving overseas seafarers and/or

th

mediate descendants below twenty-one (21) years of age who intend to pursue

courses or training primatily in the field of science and tecluiology..

X. FINAL PROVISIONS,

SECTION 50. Funding Provision

he amount necessary to carty out the provisions of
this Act shall be provided for in the General Appropriations Act of the year following its

enactment into law and thereafter.

SECTION 51. Enforcen

- The DOLE and its designated agencies shall be charged

with carrying out the provisions of this Act, ‘Together they shall within

inety (90) days

‘of this Act formulate its tules and regulations.

SECTION 52. Separability Clause- If any provision of this Act be declared

unconstitutional, the remaining provisions shall continue to be in force:



SECTION 53. Repealing Clause- Any law, presidential decree or issuance, executive

order, Jeter of instruction, adm

trative onder, rule or regulation co

rary to, oF

inconsistent with, the provi

ns of this Act, is hereby sepealed, modified or amended

aceandingly

SECTION 54. Effectivily Clause- This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation.

Approved,

31