EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E  
S. No.
3 0 0
of t!ir 
r fl’ r;
'19 
JUL-8 P 3 :43
RECEIVED
Introd uced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
INSTITUTING THE MAGNA CARTA OF FILIP IN O  SEAFARERS
EXPLANATORY NOTE
The Philippines is the 30th Member State to ratify the International Maritime 
Labor Convention of 2006 (MLC 2006). 
And it was but fitting that the country's 
ratification triggered the Convention's eiitry into force considering that Filipino 
seafarers make up more than thirty percent (30%) of the seafarers on the global 
shipping fleet. Also, as an archipelago with more than 1,107 islands, the Philippines 
is home to thousands of local seafarers manning domestic ships.
MLC 2006 calls on all State Parties to secure the right of all seafarers to decent 
and humane employment. Accordingly, the Magna Carta of Filipino Seafarers is the 
answer to that call. The Magna Carta seeks to ensure protection of the rights and 
welfare of overseas Filipino seafarers and their families. It also specifically seeks to 
recognize the rights of Filipino seafarers, institute mechanisms for the enforcement 
and protection thereof, provide compulsory benefits, and implement the standards set 
by MLC 2006.
In view of the foregoing, immediate passage of this bill is earnestly sought.
RAM ^N BONG REVILLA, JR.


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E
'Vt*' 
of tuf k ... fi.-r;’
‘19 
JUL-8 P3 ;43
RECEIVED B
In tro d u ce d  by SENATOR RAMON BONG REVILLA, JR.
AN ACT
INSTITUTING  THE MAGNA CARTA OF FILIP IN O  SEAFARERS
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
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CHAPTER I
GENERAL PROVISIONS
Section 1. Short Title. -  This Act shall be known as the "Magna Carta o f 
FHipino Seafarers".
Sec. 2. Declaration o f Policies. -  It is hereby declared the policy of the State:
a. To afford Filipino seafarers full protection before, during and after 
employment by granting them certain rights as maritime professionals, in 
recognition of their unique role and contribution to national development;
b. To maintain and progressively develop a pool of competent and world- 
class seafarers through a system of education, training, accreditation and 
licensing;
c. To 
establish 
mechanisms for the 
enhancement of administrative, 
adjudicative, social as well as welfare services for them and their families;
d. To enact laws that adopt, and implement the standards set by the 
international 
conventions 
and 
agreements 
on 
working 
and 
living 
conditions, and occupational safety and health, among others, for 
seafarers particularly the Maritime Labor Convention, 2006 (LLC 2006); 
and
e. To recognize shipowners, manning and recruitment entities as vital 
partners in promoting the skills and competencies of Filipino seafarers.


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Sec. 3. Applicability. -  This Act shall cover Filipino seafarers engaged, 
employed, or working in any capacity on board Philippine registered ships operating 
domestically or internationally, as well as those on board foreign registered ships.
This Act shall not cover the following categories of ships:
a. Warships and naval auxiliaries;
b. Government ships not engaged in commercial operations;
c. Ships of traditional build, as may be defined under existing rules and 
regulations; and
d. Fishing vessels.
Sec. 4. Definition o f 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 fulfil a maritime academic course;
b. Domestic shipping refers to the transport of passengers 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 
purpose;
c. International Maritime Convention or International Convention refer 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;
d. 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;
e. 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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f. 
Maritime Industry Stakehoiders 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 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 association of seafarers;
g. Master refers to a person having command of a ship;
h. Maritime Labor Certificate refers to the document that certifies that the 
working and living conditions of the seafarers on the ship have ben 
inspected and are compliant with the requirements of Philippine laws and 
regulations;
i. 
Officer refers to a member of the crew other than the master who has 
been designated as such by national law or regulation or, in the absence 
of such designation, by collective agreement or custom;
j. 
Deck Officer refers to an officer qualified in accordance with Chapter II of 
the International Convention on the Standards of Training, Certification 
and Watchkeeping of Seafarers, 1978 (STCW 1978), as amended;
k. Engine Officer refers to an officer qualified in accordance with Chapter III 
of the International Convention on the STCW, 1978, as amended;
l. 
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 sixty percent (60%) of the capital of 
which is owned by citizens of the Philippines;
m. 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;
n. Point o f Hire refers to the place where the contract of employment was 
executed;


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0. Recognized Organizations refer to organizations recognized by the DOLE 
to carry out inspections or issue the Maritime Labor Certificate in 
accordance with the scope of activities covered by their authorizations;
p. Repatriation refers to the process of returning a seafarer to the point of 
hire;
q. 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;
r. Ship or Vessei refers to any kind, class or type of craft or artificial 
contrivance capable of floating in water, whether publicly or privately 
owned, 
ordinarily 
engaged 
in 
commercial 
activities 
and 
offshore 
operations, except fixed platform;
s. 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;
t. 
Shipowner refers to the owner of the ship employing Filipino seafarers to 
work on board domestic ships and ships engaged in international trade, or 
any other organization or person, such as the manager, agent or 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 
person fulfil certain of the duties or responsibilities on behalf of the 
shipowner.
CHAPTER I I  
SEAFARERS' RIGHTS
Sec. 5. Right to Just Terms and Conditions o f Work. -  Seafarers shall have 
the right to:
a. Safe and secure workplace that complies with safety standards;
b. Decent working and living conditions on board a ship;
c. Medical care, welfare measures and other forms of health and social 
protection; and
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 of working hours, rest period consistent


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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 policies that affect them, including the guarantee of 
representation in governing bonds or appointment in government instrumentalities.
Sec. 7. Right to Educational Advancement and Training a t Reasonable and 
Affordable Costs. -  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 scholarships, subsidies, loan assistance and 
other measures that will harness the skills of Filipino seafarers toward 
greater competitiveness given the new demands in the industry; and
c. 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.


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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 have the right to free legal assistance and 
protection at government's expense, subject to existing rules and regulations.
Sec. 12. Right to 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 I I I  
DUTIES OF SEAFARERS
Sec. 13. Seafarers shall have the following duties:
a. To comply with and observe the terms and conditions of the employment 
contract;
b. To abide by lawful ad reasonable company personnel policies;
c. 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;
d. To be diligent in the performance of duties relating to the ship, its stores, 
equipment and cargo, whether on board, in transit or ashore;
e. 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
f. To be personally responsible for maintaining a healthy lifestyle.
CHAPTER IV
M IN IM U M  REQURIEMENTS 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.


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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.
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 o f Services. -  The contracting or 
subcontracting of seafarers 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 III; Section 15 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.
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, and which shall include the following information, 
terms and conditions:


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a. Cadet's fill name, date of birth, birthplace and age, which should be at 
least seixteen (16) years old;
b. Name and address of the maritime institution or school;
c. Name and address of the shipowner, if applicable;
d. Place and date when the cadet's agreement is entered into;
e. Capacity in which the cadet is to be trained;
f. Amount of the cadet's allowance or stipend;
g. 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
i. 
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.
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 Maritime Transportation (BSMT) or Bachelor of Science in Maritime 
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 requirements are conferred approved or accredited.
CHAPTER V I
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;
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c. Place 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 the seafarer's salary, and the formula used for calculating the 
same
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; 
Social security and welfare benefits;
Stipulation on repatriation or similar undertakings;
Separation pay and retirement pay, if applicable;
k. Reference to the collective bargaining agreement, if applicable; and
l. 
Other benefits in accordance with law, company policy or agreements.
f.
g-
h.
i. 
j-
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.
When there is a collective bargaining agreement, a copy thereof must be 
maintained on board the ship and readily accessible to the seafarers.
Sec. 22. l/l^^ges. -  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": Provided, 
That wages for actual work hours and days shall not be lower than the applicable 
minimum wage rates in the domicile or head office of the employer. Wages shall be 
paid at least once 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


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program, shall be provided with stipends or ailowances, which shall not be less than 
fifty percent (50%) of the existing minimum wage of regular seafarers.
Sec. 23. Hours o f Work and Hours o f Rest -  The normal hours of work of 
every seafarers 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 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 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, Sen/ice 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 V II 
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 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 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 termination of the 
seafarer's employment. However, after the worker has returned to the country, the
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shipowner or agency may recover the cost of repatriation from the seafarer if teh 
termination of the employment was due 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 accordance with the POEA and the Overseas Workers 
Welfare Administration (OWW), 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 repatriation of the seafarer without prejudice to reimbursement from the 
concerned manning agency.
The DFA shall take the lead in the 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 calamities, whether 
natural or man-made, and other similar events.
CHAPTER V III 
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 account the need to operate the vessel safely and 
efficiently.
Sec. 29. Crew Competence. -  The crew members of a ship of Philippine 
registry shall possess the appropriate certificate of competency, which sets forth 
their competence to serve and perform the functions involved at the level of
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responsibility, for the position held, for the type, tonnage, power, means of 
propulsion, and trading patterns of the ships concerned.
The certificate of competency shall attest to the fact that the seafarers 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.
Sec. 30. Registry o f Seafarers. -  To better respond to the manning 
requirements of oceangoing ships of foreign 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 shore, 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
Sec. 31. Accommodation Faciiities. -  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 free food and drinking water of appropriate quality, quantity and
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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, 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 teh 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 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 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.
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CHAPTER X I
WELFARE AND SOCIAL SECURITY PROTECTION
Sec. 37. 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) and shall enjoy the 
benefits afforded pursuant to membership thereof.
CHAPTER X II
COMPLIANCE AND ENFORCEMENT
Sec. 38. 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.
The shipowner 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 labor 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.
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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.
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 X III
TERMINATION OF EMPLOYMENT
Sec. 41. Termination o f Employment. -
a. The employment of Filipino seafarers on board Philippine-registered ships 
operating internationally, aswell 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:
1. When the seafarer signs off and is disembarked for medical reasons in 
the event that the seafarer is declared: (i) fir 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;
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3.
4.
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 contract 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 
provisions of the POEA-SEC.
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 DISPUTES
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 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 ne final and binding.
Sec. 43. Mandatory Conciliation-Mediation and Arbitration. -  Seafarers, 
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 reuest 
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 Articles 261 and 262 of the Labor Code, as amended. In cases 
where seafarers are not covered by teh CBA, the seafarer shall have the option to 
submit the case to Compulsory Arbitration or Voluntary Arbitration.
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CHAPTER XV
REINTEGRATION FOR OVERSEAS FILIP IN O  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 to 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 potentials for national development.
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 be promulgated, deserving 
shipoweners, 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 X V II 
GOVERNMENT AGENCIES
Sec. 46. Rote o f Government Agencies. -  The following government agencies 
shall perform the following functions to promote the welfare and protect the rights 
of Filipino seafarers:
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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.
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.
c. Department of Health (DOH). -  The DOH shall regulate the activities and 
operations 
of all 
clinics 
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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 
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required 
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seafarer, 
ensuring that 
suchexaminations 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 teh medical 
certificate to ensure that such certification will genuinely reflect the 
seafarer's state of health.
d. Philippine Overseas Employment Administration (POEA). -  The POEA shall 
look into 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.
e. Overseas Workers Welfare Administration (OWWA). -  The OWWA, 
through its welfare officers or coordinating officers, shall provide the
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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.
f. 
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.
g. Philippine Coast Guard (PCG). -  The PCG, in line with its function to assist 
in the enforcement of applicable laws within the maritime jurisdiction of 
the Philippines, shall assist the DOLE in the enforcement 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 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 officials 
transactions. The agencies that are mandated to provide services in the PSOC are 
as follows:
a. Department of Labor and Employment;
b. Department of Foreign Affairs;
c. Commission on Higher Education;
d. Professional Regulation Commission;
e. National Telecommunications Commisison;
f. 
Philippine Overseas employment Administration;
g. Overseas Workers Welfare Administration;
h. Technical Education and Skills Development Authority;
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i. 
Maritime Industry Authority;
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National Bureau of Investigation;
k. Social Security System;
l. 
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 X V III 
FINAL PROVISIONS
Sec. 48. Administrative Fines and Penaities. -  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 o f Sections 38 and 39. -  Any person who, 
without proper authorization, exercises the authority granted to the Secretary of 
Labor and Employment under Sections 38 and 39 of this Act, shall be punished with 
a fine of not less than one hundred thousand pesos (P100,000.00) nor more than 
four hundred thousand pesos (P400,000.00), or imprisonment of not less than one 
(1) year nor more than four (4) years, or both at 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 Filipino 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.
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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 or modified accordingly.
Sec. 54. Effectivity. -  This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette 
in a newspaper of general circulation.
Approved,
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