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ERE ER
Republic of the Philippines LATE:..
HOUSE OF REPRESENTATIVES

Quezon City \

EIGHTEENTH CONGRESS
First Regular Session

6588

HOUSE BILL No. 2°”

Introduced by
BAYAN MUNA Representatives FERDINAND R. GAITE,
‘CARLOS ISAGANI T. ZARATE and EUFEMIA C. CULLAMAT,
ACT TEACHERS Party-List Representative FRANCE L. CASTRO,
GABRIELA Women’s Party Representative ARLENE D. BROSAS
and KABATAAN Party-List Representative SARAH JANE I. ELAGO

AN ACT
INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS

EXPLANATORY NOTE

‘The Filipino seafarers have long been the crew of choice in the world for their skills, resourcefulness,
reliability, and command of the English language. At any given time, more than 400,000 Filipino seafarers
‘man the oceangoing ships, allowing big shipowners to amass super profits from the toil and sacrifice of the
seafarers. Exposed to the perils at sea, laboring in the heat of day and in the cold of night, the Filipino
seafarers are one of the most exploited and oppressed.

Many of them are on boaed ships flying flags of convenience, substandard and unsafe ships, and are suffering,
from the stress and fatigue of work at wages that are below the ILO standard. Filipino seafarers suffer from
the lack of security of tenure and the difficulty of being reemployed after finishing a contract. They also
complain about the very high expenses for training and certification, upgrading certificates, and government
exactions. When they are hired they are exposed to the elements, to stress and fatigue. This includes viral
epidemics and picacies, aside from the natural perils at sea. When they sustain injuries, illnesses or if they die,
the seafarers or their families have the burden of proof to establish that the incident is work related or they
get no compensation. The POEA Contract that should have protected them is unfairly cestricting their cights
and benefits with this work related requirement.

‘When the Philippines ratified the ILO Maritime Labour Convention 2006, a glimmer of hope was seen in the
horizon. Now, there is a set of laws and standards worldwide that would benefit and protect the rights of
seafarers including Filipinos on board oceangoing and domestic ships. It was ratified by the Philippines on
August 20, 2012 and became an International Law a year after. Yet, there is still no law passed in our
jurisdiction to implement the beneficent provisions of this international treaty. That is why, it is very urgent
to pass this Magna Carta of Filipino Seafarers to serve as the initial implementing legislation for the MLC
2006. It is an immediate intervention to address the problems and issues diminishing the rights and welfare of
the Filipino seafarers, our modern day heroes.

In this light, the urgent approval of this bill is earnestly sought.

“a\



Approved
REP, INAND R. GAITE
Bayan Muna Partylist
- \TE REP. EUFEMIA C. CULLAMAT
Bayan My Partylist Bayan Muna Partylist
REP. FI CASTRO

ACT Yachers Phrtylist

REP, JANE I. ELAGO.
Partylist


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6588

AN ACT
INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS

Beit enacted by the Senate and the House of Representatives ofthe Philippines in Congress assembled:

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the "Magna Carta of Filipino Seafarers."
SECTION 2. Declaration of Policies. \tis hereby declared the policy of the State:

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

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

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

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

‘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, and
offer viable alternative livelihood to unemployed seafarers. The State shall further promulgate policies and
progeams to protect the rights and to uplift the socio-economic well-being of the Filipino seafarers and their
families, and to develop a vibrant and sustainable national shipping industry to provide jobs for Filipino
seafarers on board ships that are beneficially owned by Filipinos in the near future, instead of manning them
‘on flags of convenience and foreign ships.

SECTION. 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:

(@) Warships and naval auxiliaries;

(b) Government ships not engaged in commercial operations;

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


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(@) Fishing vessels which navigate exclusively in inland water or water within or closely adjacent to
sheltered water, or areas where port regulations apply;

SECTION 4. Definition of Terms. -As used in this Act:

(a) Cadet refers to a student of a maritime educational institution who is required to undergo training on-
board registered international ships or domestic ships to fulfill che requirement of the maritime
bachelor’s degree o other 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 o¢ internal waters for hire or compensation with general or limited clientele
whether permanent, occasional or incidental, with or without fixed routes and undertaken for
contractual or commercial purposes;

(©) International Maritime Convention o International Convention refers to any written treaty or agreement. or
any protocol or amendment thereto , affecting the maritime industry which has come into force and
‘effect, including the Maritime Labour Convention, 2006;

(@ License refers to the document issued by the Department of Labor and Employment (DOLE)
authorizing any person or entity to engage in the recruitment and placement of seafarers;

(©) Manning / Recruitment and Placement Agency refers to any Filipino person, corporation, partnership,
company, or other entity engaged in the canvassing, enlisting, contracting, transporting, utilizing,
hiring or procuring whether for profit or not, of seafarers whether domestic or international

(6) Maritime Industry Stakebolders refer to all private sector stakeholders, engaged in the business of
‘owning, managing, chartering or operating domestic and international ship(s) of Philippine or foreign
registry, manning of ships, management of ports, stevedoring and arrastee services, ship brokering
and chartering, ship-building and ship repair, providing macitime 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, professional associations of
seafarers, non-governmental organizations advocating for the rights and welfare of seafarers and their
families, and other civil society entities with similar goals.

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

(b) Maritime Labour Certificate cefers to the document that cestifies that the working and living conditions
of the seafarers on the ship have been inspected and are compliant with the requirements of
Philippine laws and regulations and with the Maritime Labour Convention 2006,

@ Philippine National refers to any individual who is a citizen of the Philippines, or a commercial

partnership or corporation organized under the laws of the Philippines, at least 60% of the capital of
‘which is owned by citizens of the Philippines;


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

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

() 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 theie

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

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

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

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

(q) Shipowner refers to the owner of the ship employing Filipino seafarers to work on board domestic
ships or on ships engaged in international trade, or any other organization or person, such as the
manager, agent or bareboat charterer, who has assumed the responsibility for operation and
management of the ship, and who, in assuming such responsibilities, has agreed to take over all the
attendant duties and responsibilities of a shipowner under this Act, regardless of whether any other
organization or persons fulfil certain of the duties or responsibilities on behalf of the shipowner.

CHAPTER IL
SEAFARERS' RIGHTS

SECTION. 5. Right to Just Terms and Conditions of Work. - Seafacers shall have the right to:
(@) Safe and secure workplace that complies with international safety standards;

(b) Decent working and living conditions on board a ship, and security of tenure for those who have
acquired regular employment status by working for a cumulative period of one year with the same
employer, manning agent of foreign or domestic shipowner;

(©. Medical care, welfare measures and other forms of health and social protection; and the right to seek
second opinion from other DOH Accredited clinks or competent and licensed physicians in the
event of the seafarer’s doubt on the medical assessment of the company designated or approved
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(@ Faie teems 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.

SECTION. 6. Righe to Self-organization, to Engage in Collective Bargaining and to Participate in
Concerted Actions ~ Seafarers shall enjoy theie right to self-organization, to collective bargaining, 10
concerted actions including going on strike, and to participate in the deliberation of issues and in the
formulation of policies that affect them, including the guarantee of representation in governing boards or
appointment in government instrumentalitis.

SECTION. 7. Right to Educational Advancement and Training at Reasonable and Affordable Costs.
Seafarers education shall be the principal responsibility of the state. They shall have access to educational
advancement and training at reasonable and affordable costs. No fee or other charges shall be imposed on
cadets, interns, apprentices, on-the-job-trainees or other persons similarly situated and they shall be paid
commensurate wages as provided in this Act.

“Toward this end, relevant government agencies shall:

(@) Establish more state run maritime schools and training centers, and 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
reduce the cost of education and training for seafarers and harness the skills of Filipino seafarers
toward greater efficiency; and

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

SECTION. 8. Right to Relevant Information. Shipowners, manning agencies, and other organizations
responsible for the recruitment and placement of Filipino seafarers shall be mandated to provide seafarers
relevant information, including the terms and conditions of employment and company policies affecting
seafarers, provide them a copy of their POEA Contract and the Collective Bargaining Agreement when
applicable. This right shall include the sight of seafarers’ organizations to relevant information affecting the
teems and conditions of employment of their members.

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

SECTION. 9. Tripartism and Tripartite Conferences. Seafarers, shipowners and legitimate seafarers’ and
shipowners’ organizations, as well as other relevant stakeholders, including NGOs and civil society
organizations working for seafarers rights and welfare, shall be adequately consulted before adopting any
‘atitime policy, executive issuance, cule or regulation affecting seafarers and theie families is promulgated, or
before any maritime law that may directly affect them is enacted.

Tripartism in labor relations of seafarers is hereby declared a State policy. Towards this end, seafarers,
shipowners, International Transport Workers Federation (ITF), Mission to Seafarers, Stella Maris, Migrante
International and other Non-Governmental Organization shall, as far as practicable, be represented in
decision and policy-making bodies of the government.

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A tripartite council shall be created to represent aforementioned sectors and representations. ‘The Secretary
of Labor and Employment together with MARINA shall promulgate the necessary rules and regulations t0
specify the functions of the tripartite council. The operations of the tripartite council shall be funded from

the regular budget of the DOLE.

SECTION. 10. Right Against Discrimination. Upon employment, seafarers shall have the tight
against discrimination by sole reason of age, race, sex, gender, religion and political opinion. Carcer
‘opportunities shall be promoted and appropriate working and living conditions shall be guaranteed equally
among male and female seafarers and those of other gender orientation.

SECTION. 11. Right to Free Legal Representation. Seafacers who are victims of violations of the
provisions of this Act or of their employment contract or other labor laws, and who cannot afford the
services of a competent and independent counsel shall have the right to free legal assistance and protection at
government's expense, and to the fair and speedy disposition of the case, including the expeditious settlement
‘of money claims, subject to existing laws, rules and regulations.

SECTION. 12. Right t0 Access to Communication and to Shore Leaves. Seafacers, especially ducing
theie free time or when they are not on duty shall have reasonable access to ship-to-shore telephone
‘communications, and email and internet facilities, where available, and to adequate shore leaves when the ship
is ina port.

SECTION. 13. Righe co Fair Treatment in the event of Maritime Accident, Epidemic, Piracy or other
Perils at Sea. In the event of maritime accident, epidemic, piracy or other perils at sea, the seafarer shall be
treated fairly and be entitled to all the rights in international law, including the rights under ILO / IMO 2006
Guidelines on Faie Treatment of Seafacers in the Event of a Macitime Accident, Annex to IMO Resolution A
1056 (27) of November 30, 2011, and the Maritime Labour Convention 2006, but not limited thereto;

CHAPTER I
DUTIES OF SEAFARERS
SECTION. 14. Seafarers shall have the following duties:

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

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

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

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

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

(® To be personally responsible for maintaining a healthy lifestyle.

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CHAPTER IV
MINIMUM REQUIREMENTS FOR SEAFARERS

SECTION. 15. Minimum Age. No person below cighteen (18) years old, other than a cadet, shall be
employed, engaged, of otherwise allowed to work on board Philippine registered ships operating domestically
or internationally, as well as on board foreign registered ships.

SECTION. 16. Medical Certificates. No seafacet shall be employed, engaged, of otherwise allowed to
work on board a domestic or ocean-going ship unless a medical certificate has been issued declaring the
seafarer to be fit to work. The seafacer shall hold a valid medical cestificate issued by a medical facility duly
accredited by the Depastment of Health (DOH) in accordance with its existing rules and regulations.

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

For the purpose of this Section, a medical certificate issued in accordance with the requirements of STCW
shall be accepted. No waiver of liabilities resulting to forfeiture of benefits shall be allowed in case of
insufficient compliance with a fit to work certification ducing the pre-employment medical examination, and
in case a seafarer has signed such waiver, it is null and void ab initio for being contrary to this Act and to
public policy and cannot be used against the seafarer in any proceeding, arbitration or negotiation on
‘entitlements in case of sickness, injury or death.

SECTION. 17. Training and Qualifications. Only seafarers certified by appropriate government agencies
shall work, be employed or be engaged on board a ship.

SECTION. 18. Recruitment and Placement. Only duly licensed manning or placement and recruitment
agency shall be allowed to operate and engage in the secruitment and placement of seafarers, in accordance
with the rules and regulations as may be issued by the Secretary of Labor and Employment

SECTION. 19. Prohibition on Fees. No amount or fee shall be charged to the seafarer for their
recruitment and placement. The collection of placement fees on seafarers shall be punishable as a ccime of
illegal recruitment under Rep. Act 10002.

CHAPTER V
CADETSHIP

SECTION. 20. Applicability. The shipboard training of cadets shall be governed by Sections 5 to 13 of
Chapter Il; Section 14 of Chapter Ill; Section 15 to 19 of Chapter IV; Sections 22 to 23 of Chapter VI;
Sections 25 to 27 of Chapter VII; Sections 31 to 35 of Chapter IX; Section 36 of Chapter X; and Section 42
of Chapter XIV hereof.

SECTION. 21. Shipboard Training Agreement for Cadets. There shall be a written agreement between
the shipowner on one hand, and the cadet and the masitime institution or school on the other, and which
shall include the following information, terms and conditions:


(a) Cadet's full name, date of birth, biethplace and age, which should be at least sixteen (16) years old;
(b) Name and address of the maritime institution or school;

(©) Name and address of the shipowner, if applicable;

(@ Place and date when the cadet's agreement is entered into;

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

(Amount of the cadet’s allowance or stipend;

@ Required number of hours of training and rest which shall not be less than the prescribed hours of
‘work and rest in Section 21 of this Act;

(h) Duties and responsibilities of the sponsoring company, Maritime Higher Education Institutions
(MHEIs), 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

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

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

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

CHAPTER VI
‘TERMS AND CONDITION OF EMPLOYMENT

SECTION. 22. Standard Employment Agreement for Seafarers. There shall be an agreement in writing
between the shipowner and the seafacer, which shall include the following information and terms:

@ —_Seafaree’s full name, date of birth or age, and birthplace;

(b) —Shipowner’s name and address;


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(© Place where and date when the seafarcr’s employment agreement is entered into;
(@) Capacity in which the seafarer is to be employed;

(© Amount of the seafaree’s salary, and the formula used for calculating the same;
(Q Hours of work and hours of rest;

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

(b) Social security and welfare benefits;
(Stipulation on repatriation or similar undertakings;

0) Separation pay and retirement pay, if applicable;

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

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

‘The foregoing employment agreement shall be in a working language or in English, executed in three (3)
‘original copies before the commencement of the employment. The shipowner and the seafarer shall each
have a signed original of the agreement. A signed original shall be made available on board the ship.

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

When there is a collective bargaining agreement, a copy thereof must be maintained on-board the ship and
every seafarer covered must be provided with a copy thereof.

‘The terms and conditions for employment to be provided in the POEA SEC or and CBA shall always be
consistent and updated with the latest amendment to the Maritime Labour Convention 2006 and other
‘existing treaties and conventions governing seafarers duly entered into by the Philippines.

SECTION. 23. Wages. — Upon effectivity of this Act, the Regional Tripartite Wages and Productivity
Boards shall set the minimum wage rates of the seafarers on board ships engaged in domestic shipping, taking
into account the peculiarities of the employment arrangement of seafarers and the criteria as determined
pursuant to Republic Act No. 6727, otherwise known as “Wage Rationalization Act” or other applicable laws.
: Provided, that wages for actual work hours and days shall not be lower than the applicable minimum wage
rates in the place where the ship is registered or where it is domiciled, and the higher wage rate in case of
discrepancy shall be applicable. Wages shall be paid at least once every two (2) weeks of twice a month, at
intervals not exceeding sixteen (16) days.

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

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

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

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

SECTION. 25. Paid Annual Leave. — Unless higher annual leave pay is provided under a Collective
Bargaining Ageeement (CBA) or by the Shipowner as company practice or custom, the seafaer shall be paid
an annual leave pay to be calculated on the basis of a minimum of at least 2.5 calendar days pec month of
‘employment.

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

CHAPTER VL
REPATRIATION

SECTION. 26. Seafarers Shall Be Entitled to Repatriation. Nil costs related to the repatriation or
transport of the personal effects of a seafarer shall be borne by or charged to the shipowner and the manning
agency concerned. The expenses of repatriation shall include the transportation charges, pay and allowances
from the moment the seafarers leave the ship until they reach the repatriation destination, the
accommodation and the food of the seafares during the journey and transportation of at least thiety kilograms
(G0 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 advance the repatriation and other
attendant costs, including plane fare, deployment cost of the principal and immigration fines and penalties, to
immediately repatriate the seafarer should the need for it arise, without a prior determination of the cause of
the termination of the seafaree’s employment. However, after the worker has returned to the country, the
shipowner or agency may recover the cost of repatriation from the seafarer if the termination of the
employment was due solely to the seafaser's fault.

SECTION. 27. Emergency Repatriation for Seafarers on Board Foreign Registered Ships. In cases of
war, epidemics, abandonment of ship by ship owners, disasters, calamities, natural or man-made, and other
similar events, the Department of Foreign Affairs (DFA), in coordination with the POEA and the Overseas
Workers Welfare Administration (OWWA), shall undertake the repatriation of seafarers. The DFA shall draw
from the Emergency Repatriation Fund (ERF) provided under the General Appropriations Act (GAA) to

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defray the expenses involved in the repatriation of undocumented seafarers, while the POEA shall require
‘manning agencies to effect the repatriation of seafarers within forty-cight (48) hours or suffer the penalty of
suspension. In case of failure of the manning agency to provide for the repatriation within the prescribed
time, the POEA shall coordinate with the OWWA to advance the cost of repatriation of the seafarer without
prejudice to reimbursement from the concerned manning agency.

‘The DEA shall take the lead in the repatriation of the affected seafarers in areas where there is no Philippine
Overseas Labor Office (POLO),

SECTION. 28. Repatriation for Seafarers on Board Domestic Ships. The provisions on repatriation, ot
return to the port of hire, as maybe applicable, shall also apply to seafarers working on domestic ships.
Seafarers on board domestic ships shall be entitled to emergency repatriation in cases of wat, epidemics,
abandonment of ship by ship owners, disasters or calamities, whether natural or man-made, and other similar
events.

CHAPTER VIII
MANNING REQUIRENIENT

SECTION. 29. Manning Levels. All ships of Philippine registry shall observe the required minimum
‘manning levels in accordance with the requirements prescribed by the MARINA.

Every ship shall be manned by a crew that is adequate in terms of size and qualifications taking into account
the need to operate the vessel safely and efficiently, and the avoidance of crew stress and fatigue caused by

undermanning,

SECTION. 30. 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 pattemns of the ships concerned.

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

SECTION. 31. Registry of Seafarers. To better respond to the manning requirements of oceangoing ships
of foreign registry, and domestic and oceangoing ships of Philippine registry, the POEA and the MARINA,
respectively, shall maintain a registry of all seafarers in the Philippines. The registry shall contain the relevant
information or data to promote employment opportunities for seafarers whether on board or ashore, and
allow for the appropriate learning for and implementation of additional training, skills and competency
development programs for seafarers.

CHAPTER IX
ACCOMMODATION, RECREATIONAL FACILITIES, FOOD AND CATERING

SECTION. 32, Accommodation Facilities. All ships of Philippine cegistry shall have safe, decent and
adequate accommodations for seafarers considering the need to protect the health and safety of seafarers

‘working of living on board.

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SECTION. 33. Requirements for Sanitation. All ships of Philippine registry shall have sanitation facilites
that meet the minimum standards for health and hygiene and are accessible to seafarers on board. The

sanitation facilities shall be located at convenient places, allowing for easy access to work stations. Separate
facilites shall be provided for male and female crew.

SECTION. 34. Recreational Facilities. Unless otherwise exempted herein or by appropriate regulations,
all ships of Philippine registry shall have recreational facilities, amenities, and services that are appropriate and
accessible to seafarers.

Domestic ships the regular voyage of which does not exceed thirty-six (36) hours may be exempted from this
requirement upon presentation of proof that their trading patterns and length of voyages allow their crew t0
g0 home or to make use of comparable facilities on land.

SECTION. 35. Food and Catering. The shipowner shall ensure the protection and promotion of health of
seafarers. Whenever applicable, a shipowner shall ensure that a ship serves free food and drinking water of
appropriate quality, quantity and nutritional value that adequately cover the requirements of the ship and take
into consideration the differing cultural and religious backgrounds of seafarers. All foods and drinks and the
preparation thereof shall be in accordance with the standards of the Sanitation Code of the Philippines and

pertinent laws, cules and regulations.

SECTION. 36. Application. The requirements of this chapter for crew accommodation and recreational
facilities covesing ships of Philippine registry shall be applicable to the following:

(@) All oceangoing ships and domestic ships constructed on or after the date when the ILO MLC 2006
‘comes into force;

(&) All second-hand ships, whether oceangoing or domestic, acquised or leased, and entered in the
Philippine cegistry after the entry date into force of the said Convention unless provided exemption
by the relevant Philippine government agency; and

(© 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.

CHAPTER X
HEALTH PROTECTION AND MEDICAL CARE

SECTION. 37. Medical Care on Board Ships and Ashore. The shipowner shall provide adequate
equipment, paraphernalia and medical supplies, including medicines on board, and shall ensure access to
shore facilites for the health of seafarers, as well as the corresponding medical or trained personnel who shall
provide first aid and medical care pursuant to the Maritime Occupational Safety and Health Standards and

other pertinent laws, rules and regulations.

‘The shipowner shall ensure that seafarers have access to medical treatment for any illness o¢ injury,
hospitalization and dental treatment and for prompt medical transport and attention in case of medical
emergency.

3B


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

‘The health protection and medical care under this section shall be provided at no cost to the seafarer.

SECTION. 38 Right to Financial Consequences of Sickness, Injury or Dearth Occurring in
Connection with Employment. All seafarers shall have the right to material assistance and support from
the shipowner with respect to the financial consequences of sickness, injury o¢ death occurring while they are
serving under a seafarer’s employment agreement or arising from their employment under such agreement
without prejudice to any other legal remedies that a seafarer may seck. The shipowner shall provide an
expeditious and effective financial security system 10 compensate the seafarers in accordance with the
Maritime Labour Convention 2006 and its amendments and appendices. The payment of contractual claims
shall not bar seafarers from pursuing other claims based in law, tort or quasi-delict in applicable jurisdictions
at the option of the seafarer.

CHAPTER XI
EMPOWERMENT OF FILIPINO WOMEN SEAFARERS
AND GENDER SENSITIVITY

SECTION. 39. Rights and Welfare of Filipino Women Seafarers. The rights and welfare Filipino women
seafarers on board occangoing and domestic ships must be protected and upheld. Gender sensitivity must be
instilled on all government agencies and offices working with seafarers, on shipowners, and manning
agencies, and on the crew and passenger of ships, foreign and domestic. Filipino women seafarers shall also
be empowered and made aware of their human rights through gender awareness and sensitivity, and women
empowerment courses in maritime schools, training centers, Pre Departure Orientation Seminars (PDOS)
and on board the ships as part of the regular drills and education of all crew members, must be implemented.

SECTION. 40. Enhanced access to educational advancement and taining. Women seafarers shall be
given enhanced access to education and training. Government owned Maritime Higher Education
Institutions (MHElIs) and Maritime Training Institutions (MTs) shall provide adequate scholarships to
women students and trainees utilizing their Gender and Development (GAD) budgets.

SECTION. 41. Gender Sensitivity Training for Seafarers. The National Maritime Polytechnic (NMP)
shall continue to develop, enhance and increase accessibility of its Gender Sensitivity Training for Seafarers to
the maritime industry stakeholders, offering the training course in E-Learning format. The NMP shall also
strengthen its research capability to provide comprehensive resources including gender related topics and
courses.

SECTION. 42. Organizing and Empowering Filipino women seafarers. Women seafarers shall be
encouraged £0 organize and form associations, or join trade unions and link up with othee networks of
women seafarers and workers from different nationalities. A helpline for women and male victims of sexual
harassment and bullying must be set up by the POEA in coordination with other government agencies.

CHAPTER XII
WELFARE AND SOCIAL SECURITY PROTECTION

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SECTION. 43. Social Welfare Benetits. Without prejudice to established policy, CBA or other applicable
social agreement, all seafarers shall as far as practicable, become members of the Social Secuity System (SSS),
Employees’ Compensation and State Insurance Fund, PhilHealth, Home Development Mutual Fund (or Pag-
IBIG Fund) and shall enjoy the benefits afforded pursuant to membership thereof, and the payment of the
employer counterpart shall be solidarily borne by the manning agent and the shipowner.

CHAPTER XIII
COMPLIANCE AND ENFORCEMENT

SECTION. 44. Compliance and Certification. All ships of Philippine registry shall comply with the
provisions of this Act. The shipowner or master shall ensure the compliance of the ship with the provisions
of this Act and its implementing rules and regulations. All ships of foreign registry manning Philippine
seafarers or entering in Philippine waters shall be compliant with the minimum standards set by this Act and
by the Maritime Labour Convention 2006, and in case of conflict, the provision more favorable to the
seafarer shall prevail.

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

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

SECTION. 45. Inspection and Enforcement. The Secretary of Labor and Employment or the duly
authorized representative shall have the principal authority to inspect all Philippine ships, domestic or
oceangoing, to ensure compliance with the provisions of this Act. The duly authorized representative shall
have the power to board ships and carry out any examination, test or inquiry in order to ensure that the
standards established under this Act and its implementing rules and regulations are strictly observed. The said
representative authorized by the DOLE and the Philippine Coast Guard shall have the power to board any
ship of any registry entering Philippine waters to ensure compliance with the Maritime Labour Convention
2006 and the possession of the Maritime Labour Certificate and Maritime Labour Compliance required by the
said convention.

‘The Secretary of Labor and Employment may authorize other government agencies or duly recognized
‘organizations to conduct inspection and issue certification in accordance with the provisions of this Act and
its implementing rules and regulations. The Secretary of Labor and Employment or the duly authorized
representative shall have the power to order immediate restitution of differences, and impose fines for
violations of the provisions of this Act.

‘The right of the Secretary of Labor and Employment in this section does not bar the lawful inspection of
ships in Philippine waters by the union, the inspectors of the International Transport Workers Federation
(ITH), Mission to Seafarers, Stella Maris, Migrante Intemational and other Non-Governmental Organizations
providing ship inspections and assistance to seafarers on board ships.

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If the violation or deficiency constitutes serious breach of the requirement of this Act and its implementing
rules and regulations, or poses imminent danger to the ships or to the life or limb of the seafarer, the
Secretary of Labor and Employment or the duly authorized representative may immediately order the
detention of the ship until the violation or deficiency is corrected. Recourse to the regular court of admiralty
(Regional Trial Court) for the arrest or detention of ships can also be resorted to by any crew member

regardless of nationality.

SECTION. 46. Recognized Organization. Recognized organizations may be authorized by the Secretary
‘of Labor and Employment to conduct the inspection of ship's premises and issue the maritime labour
certificate or the certificate of compliance, as appropriate, in accordance with the provisions of this Act and

its implementing rules and regulations.

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

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

CHAPTER Xi
‘TERMINATION OF EMPLOYMENT AND SECURITY OF TENURE

SECTION. 47. Tecmination of Employment and Security of Tenure.

(@) The contractual employment of Filipino seafarers on board Philippine-registered ships operating
internationally, as well as those on board foreign-registered ships shall cease when the seafarers
complete their period of contractual service aboacd the ship, sign off from the ship, and arcive at the
point of hirc., provided that, a seafarer who has worked with the same employer, manning agency or
shipowner for a cumulative period equivalent to one year, shal attain the status of a regular employee
with similar rights and benefits as a regular employee under the Labor Code of the Philippines, PD
442 as amended.

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

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

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

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

(4) When the seafarer is discharged for just causes in accordance with the provisions of Art. 282 of
the Labor Code of the Philippines as amended.

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

(© The termination of employment of a seafarer on board a forcign vessel or foreign registered ships
shall be governed by the POEA-SEC or applicable CBA, provided that a seafarer who has worked
for the same manning agent or for the same shipowner or both, for a cumulative period of one year
shall enjoy the security of tenure of a regular employee as per Art 279 of the Labor Code of the
Philippines as amended, and the employer is obligated to rehire and give the right of first refusal to a
regular employee who qualifies, and is willing to work, for the next available vacant position of
similar or higher rank. Once a seafarer has acquired the regular status, he can no longer be refused
successive employment unless he resigns in writing, has abandoned his employment, ot is dismissed
for just cause as provided in Art 282 of the Labor Code of the Philippines as amended.

CHAPTER XIV
SETTLEMENT OF DISPUTES

SECTION. 48. On Board and Onshore Grievance Machinery. All ships of Philippine registry shall
prescribe and observe fair, effective and expeditious on board and onshore methods and procedures to
handle grievance at no cost to the seafarer, in accordance with the implementing rules and regulations of this
Act.

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

SECTION. 49. Mandatory Conciliation-Mediation and Arbitration. Seatucers, whether engaged,
employed or working on board ships of Philippine registry or other registries, shall avail of the conciliation-
mediation services of the DOLE pursuant to Republic Act No. 10396 and its implementing rules and
regulations, by filing a request for assistance before the conciliation mediation desks at the
Regional/Field /Provincial Offices of the DOLE or its attached agencies.

In case of failure of conciliation-mediation in cases where seafarers are covered by the CBA, the case shall be
submitted for Voluntary Arbitration in accordance with Acticles 261 and 262 of the Labor Code, as amended.
In cases where seafarers are not covered by the CBA, or despite a CBA, the dispute is not covered by the
‘cases stated in Articles 261 and 262 of the Labor Code the seafarer shall have the option to submit the case to
Compulsory Arbitration or to Voluntary Arbitration.

CHAPTER XV
REINTEGRATION FOR OVERSEAS FILIPINO SEAFARERS

SECTION. 50. Reintegration. Returning or unemployed overseas Filipino seafarers may avail of the
livelihood development and training programs, placements and other services offered by concerned
government agencies, including the Overseas Workers Welfare Administration (OWWA), the Technical
Education and Skills Development Authority (TESDA), the Technology and Livelihood Resource Center

7


(TLRO), the Cooperative Development Authority (CDA), the National Maritime Polytechnic (NMP) and the
CHED.

‘These agencies shall formulate skills upgrading or retraining curcicula to meet the needs of returning or
unemployed seafarers. The participation of the maritime sector, in particular, port and shipping industry, and
‘matitime educational institutions shall be likewise solicited by the DOLE in devising the appropriate
retraining and local job placement programs for uncmployed seafarers.

‘The National Reintegration Center for OFWs (NRCO) shall attend to the needs of returning seafarers. The
Center shall provide mechanisms for their reintegration into the Philippine society, serve as a promotion
house for their local employment, and tap thei skills and potentials for national development.

SECTION. 51. Credit Delivery and Financial Assistance. Financial assistance for alternative sustainable
livelihood programs, or for upgrading or renewing certificates of competency and training, shall be made
available to seafarers by the government. Upon the approval of this act, the Landbank, Development Bank of
the Philippines, Small Business Guaranty and Finance Corporation (SBGFO), the People’s Credit and Finance
Corporation (PCFC) and the OWWA shall set up a special credit window that will service the financing needs
of the seafarers, consistent with the applicable BSP policies, rules and regulations.

SECTION. 52. The Landbank, Development Bank of the Philippines (DBP), Small Business Guaranty and
Finance Corporation (SBGFC), the People’s Credit and Finance Corporation (PCFC) and the OWWA shall
submit a report annually to the appropriate committee of both Congress (The House Committee on Overseas
Workers Affairs and the Senate Committee on Labor and Employment) on the state of implementation of
this provision.

SECTION. 53. Information Dissemination. The Philippine Information Agency (PIA) shall ensure the
proper and adequate information dissemination of the concerns and benefits of this Act to the general public,
especially to the seafarers and their families, in the local government units, down to the Barangay level.

CHAPTER XVI
INCENTIVES AND AWARDS GRANTED TO THE MARITIME INDUSTRY

SECTION. 54. Incentives and Awards. ‘There shall be established an incentives and awards system for the
maritime industry stakeholders which shall be developed and administered by the concemed government
agency in consultation with the Maritime Industry Tripartite Council (MITC).

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

CHAPTER XVII
GOVERNMENT AGENCIES

SECTION. 55. Role of Government Agencies. The following government agencies shall perform the
following functions to promote the welfare and protect the sights of Filipino seafarers:


BSomvauawnn

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

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

regulations.

(b) Department of Foreign Affairs (DFA). The DFA, through its home offices or foreign posts, shall
give paramount importance to the safety and well-being of Filipino seafarers, by providing adequate
and timely intervention and assistance, such as representing their interests with foreign authorities
concerned and facilitating their repatriation when they are distressed or beleaguered.

(© Department of Health (DOH). The DOH shall regulate the activities and operations of all clinics
which conduct physical, optical, dental, psychological and other similar examinations, hereinafter
referred to as health examinations, on Filipino seafarers.

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

(@) Philippine Overseas Employment Administration (POEA). The POEA shall look review the
contracts of employment and the working conditions of the officers and crew of vessels of
Philippine registry operating internationally, and of such officers and crew members who are Filipino
Citizens and employed by foreign vessels to ensure that these comply with the prescribed standards.

(© Overseas Workers Welfare Administration (OWWA). The OWWA, through its welfare officers or
‘coordinating officers, shall provide the Filipino seafarers and their families all the assistance they may
need in the enforcement of contractual obligations by agencies and their principals.

‘The OWWA shall likewise formulate and implement welfare programs for overseas Filipino seafarers
and their families while they are abroad and upon their return. It shall ensure the awareness by the
overseas Filipino seafarers and their families of these programs and other related governmental

programs.

(® Maritime Industry Authority (MARINA). The MARINA shall ensure that all maritime education
including the curricula and training programs are structured and delivered in accordance with written
programs, methods and media of delivery, procedures and course materials, intemnational standards
as prescribed under the STCW Convention. The MARINA shall ensure that the guidelines for the
Flag State on Fair Treatment of Seafacers in the Event of a Maritime Accident be observed.

(@) 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 of Department Orders and other issuances implementing the ILO MLC 2006, including

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orders to detain vessels found in gross violation of pertinent laws, rules and regulations. In addition,
the PCG shall be the agency tasked in ensuring that the Guidelines for the Port State/ Coastal State
‘on Fair Treatment of Seafarers in the Event of a Maritime Accident, be observed.

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

SECTION. 56. Philippine Seafarers ' One Stop Processing Center (PSOC). The PSOC shall
‘operationalize and make available to the public an integrated document processing center for the seafarers
and the general public to conduct official transactions. The agencies that are mandated to provide services in
the PSOC are as follows:

(2) Department of Labor and Employment;

(b) Department of Foreign Affairs;

(© Commission on Higher Education;

(@) Professional Regulation Commission;

(©) National ‘Telecommunications Commission;

() Philippine Overseas Employment Administration;

(g) Overseas Workers Welfare Administration;

(h) Technical Education and Skills Development Authority;

(Maritime Industry Authority;

@ National Bureau of Investigation;

(&) Social Security System;

() Philippine Health Insurance Corporation;

(m) Philippine Statistics Authority;

(0) Home Development Mutual Fund; and

(0) Such other government agencies that the Secretary of Labor and Employment may deem appropriate

to be included in the PSOC.

Further, the PSOC for its initial operation, shall create a pilot PSOC in areas identified with the highest
‘number of seafarers. The data gathered for the PSOC shall be made accessible to and shall be utilized by the
maritime sector and stake holders. The local government units (LGUs) are encouraged either to reduce the
amount of local taxes, fees and charges imposed or to exempt document or transaction pertaining to the
process of the PSOC.

CHAPTER XVIII
FINAL PROVISIONS

SECTION. 57. Administrative Fines and Penalties. Any shipowner, master, their representative or other
person who fails or refuses to present employment records, such as payrolls, daily time records, payslip or
other documents, when required by the Secretary of Labor and Employment, or the duly authorized
representative of the Secretary of Labor and Employment, or the duly authorized representative of a
recognized organization, shall be imposed administrative fines and penalties in accordance with the
implementing rules and regulations promulgated to implement this Act.

SECTION. 58. Transitory Provision. All sights, privileges and benefits previously enjoyed by Filipino
seafarers by law or jurisprudence, before the effectivity of this Act, including those set forth in Presidential

20


42

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.

SECTION. 59. Implementing Rules and Regulations. The DOLE, in coordination with the DPA, the
MARINA and other concerned agencies, shall formulate the cules and regulations to implement this Act
within ninety (90) days after its effectivity.

SECTION. 60. 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 declaration shall remain in full force and
effect.

SECTION. 61. Repealing Clause. All laws, presidential decrees, issuances, executive orders, letters of
instruction, rules and regulations inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

SECTION. 62. Efeccivity. This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation.
Approved,

REP INAND R. GAITE,
Bayan Mana Parylist

,
reas REP. EUFEMIA C. CULLAMAT

Bayan Muna Partylist Bayan Muna Partylist

CASTRO REI D. BROSAS
is (RIEL Women’s Party

a


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