REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3990

Introduced by Representative TYRONE D AGABAS

EXPLANATORY NOTE

This bill seeks to institute a magna carta of Filipino seafarers
providing for its purpose the protection and improvement of seafarers’
working conditions, terms of employment, repatriation and reintegration
policies, rights, social welfare benefits, health protection and medical
care, and other privileges. This bill has already been approved by the
House of Representatives on its 3” and final reading in the 17%
Congress, However, it has not yet ripened into a law thereby
necessitating the refiling of the same on account of the primordial role of
our seafarers in nation building as formidable economic force.

We are fully cognizant of the fact that seafarers have accounted
much to Philippine economy. Overseas Filipino seafarers constitute a
huge bulk of the world’s merchant marine fleet. In 2017 alone,seafarers
have contributed $5.87 billion in remittances to the country up by 21.4%
from $4.84 billion in 2012 (Maritime to triple contribution to economy,
The Manila Times, December 25, 2018). Correlatively, it is the State’s
responsibility to equate the seafarers’ indispensable contribution through
legislative measures that will institutionalize the protection and
advancement of their welfare and social well-being.


In full recognition of the contributions of our seafarers, the
approval of this bill is earnestly sought.

ATTY. TYRONE D. AGABAS
Representative
6% District, Pangasinan


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3990

AN ACT
INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS

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

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

SEC. 2. Declaration of Policy. - It is hereby declared the policy of

the State:

[a]

b]

{c]

to afford Filipino seafarers full protection before,
during and after employment by granting them certain
rights as maritime professionals, in recognition of

their role and contribution to national development;

To maintain and progressively develop a pool of
component world-class seafarers 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;

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

[el To recognize shipowners, manning and recruitment
entities as vital partners in promoting the skills and
competences of Filipino seafarers.

Towards these ends, the state shall endeavor to
improve the Filipino seafarers’ working conditions,
terms of employment, career prospect and provide
them opportunities to harness their potentials to the
fullest. The State shall further promulgate policies and
programs to uplift the socioeconomic well-being of the
families of Filipino seafarers.

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

This Act shall not cover the following categories of ships:
[a] Warships and naval auxiliaries;

[b] Government ships not engaged in commercial

operations;

[cl Ships of traditional build, as may be defined under

existing rules and regulations; and

[d] Fishing vessels.

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

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[b]

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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 a maritime academic course;

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

commercial purposes;

International Maritime Convention or International
Convention refers to any written treaty or agreement,
or any protocol or amendment thereto, affecting the
maritime industry which has come into force and
effect, including the MLC, 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;

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

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

seafarers;
Master refers to a person having command of a ship;

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

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

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

amended;

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Engine Officer refers to an officer qualified in
accordance with Chapter III of the International
Convention on the STCW, 1978, as amende;

Philippine National refers to any individual who is
citizen of the Philippines, or a commercial partnership
or corporation organized under the laws of the
Philippines, at least sixty percent [60%] of the capital
of which is owned by citizens of the Philippines;

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 DOLE to carry out inspections or issue
the Maritime Labour Certificate in accordance with the

scope of activities covered by their authorizations;

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

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;

Ship or Vessel refers to any kind, class or type of craft
or artificial contrivance capable of floating in water,
whether publicly or privately owned, ordinarily

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[s]

(4)

engaged in commercial activities and offshore

operations, except fixed platform;

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

Shipowner refers to the owner of the ship employing
Filipino seafarers to work on board domestic ships
and ship 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 shipowner under this Act,
regardless of whether any other organization or person
fulfill certain of the duties or responsibilities on behalf

of the shipowner.
CHAPERT II

SEAFARERS’ RIGHTS

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

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[b]

{c]

Safe and secure workplace that complies with safety
standards;

Decent working and living conditions on board a ship;

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

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{d] Fair terms and conditions of employment including
salary commensurate to their rank, hours of work,
and other relevant basis for wage computation,
minimum number or working hours, rest period
consistent with Philippine laws or international

maritime conventions, when applicable.

SEC. 6. Right to Self-organization, to Engage in Collective
Bargaining and to Participate in Democratic Exercises. - Seafarers
shall enjoy their right to self-organization, to collective bargaining
and to participate in the deliberation of issues and in the
formulation of the policies that affect them, including the
guarantee of representation in governing boards or appointment in
government instrumentalities.

SEC. 7. Right to Educational Advancement and Training at
Reasonable and Affordable Cost. - Seafarers shall have access to
educational advancement and training at reasonable and
affordable costs.

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

Towards this end, relevant government agencies shall:

[a] Regulate the operation of all educational and training
institutions offering courses related to seafaring;

[b] Pursue grant programs such as scholarships,

subsidies, loan assistance and other measures that
will harness the skill of Filipino seafarers toward
greater competitiveness given the new demands in the

industry; and

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[ce] Promote quality maritime education and training that
respond to the needs of the industry and in
accordance with minimum international maritime

standards of competency.

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

their members.

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

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

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

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

afford the services of a competent and independent counsel shall

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the right to free legal assistance and protection at government’s

expense, subject to existing rules and regulations.

SEC. 12. Right Access to Communication. - Seafarers, especially

during their free time or when they are not on duty, shall have

reasonable access to ship-to-shore telephone communications,

and email and internet facilities, where available.

CHAPTER III

DUTIES OF SEAFARERS

SEC. 13. Seafarers shall have the following duties:

(a)

(b)

Cc)

(a)

)

To comply with and observe the terms and condition of

the employment contract;

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 or 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

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

CHAPTER IV
MINIMUM REQUIEREMENTS FOR SEAFARERS:

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

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

The seafarer shall hold a valid medical certificate issued by a
medical facility duly accredited by the Department of Health (DOH)

in accordance with its existing rules and regulations.

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

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

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

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SEC. 17. Recruitment and Placement. - Only duly licensed
manning or placement and recruitment agency shall be allowed to
operate and engage in the recruitment and placement of seafarers,
in accordance with the rules and regulations as may be issued by

the Secretary of Labor and Employment.

No amount or fee shall be charged to the seafarer for their

recruitment and placement.

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

CHAPTER V
CADETSHIP

SEC. 19. Applicability. - The shipboard training of cadets shall be
governed by Sections 5 to 12 of Chapter II; Section 13 of Chapter
Ill; Section 15 of Chapter IV; Sections 22 to 23 of Chapter VI;
Sections 25 to 27 of Chapter VII; Sections 31 to 35 Chapter IX;
Section 36 of Chapter X; and Section 42 of Chapter XIV hereof.

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

and conditions:

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

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(b)

()

(a)

(e)

(h)

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Name and address of the maritime institution of

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;

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 agreement shall be written in a working

language or in English, executed in three (3) original copies before

the commencement of the shipboard training. The shipowner,

cadet and the maritime institution/school shall each have a signed

original of the agreement and an electronic copy thereof shall be
submitted to the DOLE, through the Bureau of Working
Conditions (BWC). A signed original copy shall also be made
available on board the ship.

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MHEIs 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 BSMarE
programs in MHEIs that meet the above requirement are conferred

approved or accredited.
CHAPTER VI
TERMS AND CONDITION OF EMPLOYMENT

SEC. 21. Standard Employment Agreement for Seafarers. - There
shall be an agreement in writing between the shipowner and the
seafarer, which shall include the following information and terms:

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

(b)  Shipowner’s name and address;

(©) __ lace where and date when the seafarer’s employment

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

(e) Amount of seafarers’ salary, and the formula used for
calculating the same;

() Hours of work and hours of rest;

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

(h) Social security and welfare benefits;
() Stipulation on repatriation or similar undertakings;
(i) Separation pay and retirement pay, if applicable;

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

() Other benefits in accordance with law, company policy

or agreements.

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

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

SEC 22. Wages. - Upon effectivity of this Act, the Regional
Tripartite Wages and Productivity Boards shall set the minimum
wage rates of the seafarers on board ships engaged in domestic
shipping, taking into account the particularities of the employment
arrangement of seafarers and the criteria as determined pursuant
to Republic Act No. 6727, otherwise known as ‘Wage
Rationalization Act”; Provided, That wages for actual work hours
and days shall not be lower than the applicable minimum wage

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rates in the domicile or head office of the employer. Wages shall be
paid at least one every two (2) weeks or twice a month, at intervals

not exceeding sixteen (16) days.

Trainees, probationary crew members and other similarly
situated persons shall be paid full minimum wage in accordance

with the services rendered.

Cadets, on the job trainees, apprentices and other similarly
situated persons who are on board vessels as part of the
completion of their academic or training program, shall be
provided with stipends or allowances, which shall not be less than
fifty percent (50%) of the existing minimum wage of regular
seafarers.

SEC. 23. Hours of Work and Hours of Rest. - The normal hours or
work of every seafarer shall not exceed beyond eight (8) hours a
day. If the seafarer is allowed to work eight (8) hours, the
maximum hours of work shall not exceed fourteen (14) hours in
any twenty four (24) hour period, and seventy-two (72) hours in
any seven (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 not
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 seven (7)-day
period. This exception shall not be allowed for more than two (2)
consecutive weeks. The intervals between two (2) periods of

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exception shall not be less than twice the duration of the
exception.

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

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

CHAPTER VII
REPATRIATION

SEC. 25. Seafarers Shall Be Entitled To Repatriation. - All costs
related to the repatriation or transport of the personal effects of a
seafarer shall be done by or charged to the shipowner and the
manning agency concerned. The expenses of repatriation shall
include the transportation charges, pay and allowances from the
moment the seafarers leave the ship until they reach the
repatriation destination, the accommodation and the food of the
seafarer during the journey and transportation of thirty kilograms
(30 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

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termination of the seafarer’s employment. However, after the
worker has returned to the country, the shipowner or agency may
recover the cost of repatriation from the seafarer if the termination

of the employment was solely to the seafarer’s fault.

SEC. 26. Emergency Repatriation for Seafarers on Board Foreign
Registered Ships. - In cases of war, epidemics, abandonment of
ship by shipowners, disasters, calamities, natural or 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 defray the expenses involved in the repatriation of
undocumented seafarers, while the POEA shall require manning
agencies to effect the repatriation of seafarers within forty-eight
(48) hours or suffer the penalty of suspension. In case of failure of
the manning agency to provide for the repatriation within the
prescribed time, the POEA shall coordinate with the OWWA to
advance the cost of the repatriation of the seafarer without

prejudice to reimbursement from the concerned manning agency.

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

SEC. 27. Repatriation for Seafarers On Board Domestic Ships. -
The provisions on repatriation shall also apply to seafarers
working on domestic ships. Seafarers on board domestic ships
shall be entitled to emergency repatriation in cases of war,

epidemics, abandonment of ship by shipowners, disasters or

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calamities, whether natural or man-made, and other similar

events.
CHAPTER VIII
MANNING REQUIREMENT

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

Every ship shall be manned by a crew that is adequate in
terms of size and qualifications taking into the account the need to

operate the vessel safely and efficiently.

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

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

SEC. 30. 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

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for and implementation of additional training, skills and

competency development programs for seafarers.
CHAPTER IX

ACCOMODATION, RECREATIONAL FACILITIES, FOOD AND
CATERING

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

SEC. 32. Requirements for Sanitation. - All ships of Philippine
registry shall have sanitation facilities that meet the minimum
standards for health and hygiene and are accessible to seafarers
on board. The sanitation facilities shall be located at convenient
places, allowing for easy access to work stations. Separate facilities
shall be provided for male and female crew.

SEC. 33. Recreational Facilities. - 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 shall be exempted from this requirement
considering that their trading patterns and length of voyages allow
their crew to go home or to make use of comparable facilities on
land.

SEC. 34. Food and Catering. - The shipowner shall ensure the
protection and promotion of health of seafarers. Whenever
applicable, a shipowner shall ensure that a ship serves food and
drinking water of appropriate quality, quantity and nutritional

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504
505
506
507
508

509
510
511

512
513
514
515
516
517
518
519
520
521
522
523
524

525

526

527
528
529
530
531
532

value that adequately cover the requirements of the ship and take
into consideration the differing cultural and religious backgrounds
of seafarers. All foods and drinks and the preparation thereof shall
be in accordance with the standards of the Sanitation Code of the
Philippines and pertinent laws, rules and regulations.

SEC. 35. Application. - The requirements of this chapter for crew
accommodation and recreational facilities covering ships of
Philippine registry shall be applicable to the following:

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

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

(c) All ships constructed prior to the entry into force of the
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

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

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534

535
536
537

538
539

542
543

545
546
547

548

549

550
551
552
553
554
555

556

557

558
559

Safety and Health Standards and other pertinent laws, rules and
regulations.

‘The ship-owner shall ensure that seafarers have access to
medical treatment for any illness or injury, hospitalization and
dental treatment.

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

practicable.

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

seek.
CHAPTER XI
WELFARE AND SOCIAL SECURITY PROTECTION

SEC. Social Welfare Benefits. - Without prejudice to established
policy, CBA or other applicable social agreement, all seafarers
shall become members of the Social Security 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.
CHAPTER XII
COMPLIANCE AND ENFORCEMENT

SEC. 38. Compliance and Certification. - All ships of Philippine
registry shall comply with the provisions of this Act. The

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560
561
562

563
564
565
566

567
568
569
570
S71
572

573
574
575
576
3877
578
579
580
581

583
584
585

586
587

shipowner or master shall ensure the compliance of the ship with
the provisions of this Act and its implementing rules and

regulations.

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

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

implementing rules and regulations.

SEC. 39. Inspection and Enforcement. - The Secretary of Labor
and Employment or the duly authorized representative shall have
the sole and exclusive 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 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

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589

590
591
592
593
594
595

596
597
598
599

601

610

611

612

613

restitution of differences, and impose fines for violations of this
Act.

If the violation or deficiency constitutes serious breach of the
requirement of this Act and its implementing rules and
regulations, or poses imminent danger to the ships or to the life or
limb of the seafarer, the Secretary of Labor and Employment or the
duly authorized representative may immediately order the
detention of the ship until the violation or deficiency is corrected.

SEC. 40. Recognized Organization. - Recognized organizations may
be authorized by the Secretary of Labor and Employment to
conduct the inspection of ship’s premises and issue the maritime
labour certificate or the certificate of compliance with, as
appropriate, in accordance with the provisions of this Act and its

implementing rules and regulations.

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

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

CHAPTER XIII
TERMINATION OF EMPLOYMENT

SEC. 41. Termination of Employment. —

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614
615
616
617
618
619

620
621
622

623
624
625
626
627
628
629

630
631
632

633
634
635
636
637

638
639

(a)

The employment of Filipino seafarers on board

Philippine-registered ships operating internationally,

as well as those on board foreign-registered ships shall

cease when the seafarers complete their period of
contractual service aboard the ship, sign off from the

ship, and arrive at the point of hire.

The employment is also terminated effective

upon arrival at the point of hire for any of the

following reasons:

qQ)

(2)

(3)

4)

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

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

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

When the seafarer is discharged for just causes
in accordance with the provision of the POEA-
SEC.

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649

650

652
653
654

655
656
657
658
659
660

661
662
663
664
665
666
667
668

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

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

CHAPTER XIV
SETTLEMENT OF DISPUTIES

SEC. 42. 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 case 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.

SEC. 43. Mandatory Conciliation-Mediation and Arbitration. —
Seafarer, 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.

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669
670
671
672
673
674

675,

676

692
693
694
695
696

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 Articles 261 and 262 of
the Labor Code, as amended. In cases where seafarers are not
covered by the CBA, the seafarer shall have the option to submit
the case to Compulsory Arbitration or Voluntary Arbitration.

CHAPTER XV
REINTEGRATION FOR OVERSEAS FILIPINO SEAFARERS.

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

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

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

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697

698
699

700
701
702
703
704

705
706
707
708
709

70

711

712
713
74

715
716
77
718
719
720
721
722
723

CHAPTER XVI

INCENTIVES AND AWARDS GRANTED TO THE MARITIME
INDUSTRY

SEC. 45 Incentives and Awards. - There shall be established an
incentives and awards system for the maritime industry
stakeholders which shall be developed and administered by the
concerned government agency in consultation with the Maritime
Industry Tripartite Council (MITC).

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

CHAPTER XVII
GOVERNMENT AGENCIES

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

(a) Department of Labor and Employment (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
MLC, 2006 and other international treaties and
conventions to which the Philippines is a signatory are
faithfully complied with and fairly applied to Filipino
seafarers.

Page 27


724
ns
726
nR7

TB
n9
730
731
732
733
734
735

736
737
738

740

741
742
743
744
745
746
747
748
749

750
751
752

(b)

()

(a)

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

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

Philippine Overseas Employment Administration
(POEA). - The POEA shall look into the contracts of

employment and the working conditions of the officers

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753
754
755
756
787

758
759
760
761
762
763

764
765
766
767
768
769
770

m
772
773
774
775
776
7

778
779
780
781

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 Fi
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, international standards as prescribed under

the STCW Convention and other applicable laws.

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

Page 29


782
783
784
785

786
787
788
789
790
791
792

793
794
795
796
797

798

799

800

801

802

803

805
806

807

of Department Orders and other issuances
implementing the MLC, 2006, including orders to
detain vessels found in gross violation of pertinent
laws, rules and regulations.

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

SEC. 47. Philippine Seafarer’s 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:

(a)
b)
(o)
(a)

(i)

Department of Labor and Employment;
Department of Foreign Affairs;

Commission on Higher Education;

Professional Regulation Commission;

National Telecommunications Commissions;
Philippine Overseas Employment Administration;
Overseas Workers Welfare Administration;

Technical Education and _ Skills Development
Authority;

Maritime Industry Authority;

Page 30


808

809

810

811

812

813
814
815

816

817

818
819
820
821
822
823
824
825
826
827

828
829
830
831
832
833
834

() National Bureau of Investigation;
(k) Social Security System;

() Philippine Health Insurance Corporation;
(m) Philippine Statistics Authority;

(n) 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.

CHAPTER XVIII
FINAL PROVISIONS

SC. 48. Administrative Fines and Penalties. - Any shipowner,
master, their representative or other person who fails or refuses to
present employment records, such as payrolls, daily time records,
payslip or other documents, when required by the Secretary of
Labor 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.

SEC. 49. - Penalties for Violations of Sections 38 and 39. - Any
person who, without proper authorization, exercises the authority
granted to the Secretary of Labor and Employment under Section
38 and 39 of this Act, shall be punished with a fine of not less
than one hundred thousand pesos (P100,000.00) nor more than
four hundred thousand pesos (P400,000.00), or imprisonment of
not less than one (1) year nor more than four (4) years, or both at

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835
836
837

850
851
852

854
855
856
857

858
859
860

861

the discretion of the court. The foregoing offense shall prescribe
after five (5) years from its commission, or upon discovery of the

violation by competent authorities.

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

diminished.

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

SEC. 52. Separability Clause. - If for any reason, any section,
clause or term of this Act is held to be illegal, invalid, or
unconstitutional, such parts not affected by such declaration shall
remain in full force and effect.

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

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

general circulation.

Approved,

Page 32