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Republic of the Philippines > REE
HOUSE OF REPRESENTATIVES © ove: ©
Quezon City, Metro Manila
EIGHTEENTH CONGRESS
1 Regular Session

House Bill No. 3282

Introduced by Representatives ERIC GO YAP, JOCELYN PUA TULFO, and
ROWENA NINA TADURAN

EXPLANATORY NOTE

The Filipino seafarers remain the unsung heroes of our time. Despite their
number and all their contribution to the Philippine economy, their specific needs have
been overlooked. According to the data released by the Philippine Overseas
Employment Agency (POEA) from 2016 - 2017, our Filipino seafarers constitute thirty
percent of the world’s seafaring population.

The maritime industry is recognized as one of the fastest growing industries in
the international arena. With their skills and hardwork, seafarers power the global
economy. Trade would not be possible without the prowess of our seamen and
women in charge of interisland, international, or intercontinental shipping.

The Philippines is a signatory of the Maritime Labour Convention (MLC), an
international treaty which sets out the rights of the seafarers to decent conditions of
work. In accordance, there is a need to establish a national policy to strengthen the
commitment of the Philippines to the treaty. Also, the State has the responsibility to
comply to global industry standards by the International Maritime Organization.

This bill seeks to strengthen the protection of our Filipino seafarers before,
during, and after deployment. To protect our seafarers from abuse, this bill provides
for regulation on the conditions on their recruitment, employment, and placement.
Moreover, we recognize the shipowners as vital partners to guarantee the safety,
security, and performance of our seafarers.

With the intent to ensure the safety and self-determination of the Filipino
seafarers, this bills forwards the recognition of their rights, institution of mechanisms
for the enforcement and protection thereof, provision of compulsory benefits, and
implementation of standards indicated by the MLC (2016). More so, it seeks to forge
accountability to specific institutions to warrant their dedication in protecting our
seafarers.


This bill adopts the version of the same subject that was passed on third reading
in the House of Representatives during the 17 Congress. In view of the foregoing,
approval of this bill is earnestly sought.

——— GO YAP

a


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
1 Regular Session

2
House Bill No. _3282

Introduced by Representatives ERIC GO YAP, JOCELYN PUA TULFO, and
ROWENA NINA TADURAN

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:

CHAPTER 1
GENERAL PROVISIONS

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

SECTION 2. Declaration of 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 and 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 (MLC,
2006); and


E. To recognize shipowners, manning and recruitment entities as vital
partners in promoting the skills and competencies of Filipino
Seafarers.

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

SECTION 3. Applicability. - This Act shall cover Filipino seafarers
engaged, employed, or working in any capacity on board Philippine registered
ships operating domestically or intentionally, 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;

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

(d) Fishing vessels.

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

(a) Cadet refers to a student of a maritime educational institution who is
required to undergo training on board registered international ships
or domestic ships to fulfill a maritime academic course;

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

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

(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;

(©) Maritime Industry Stakeholders refers to all private sector stakeholders.
Engage 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 associations of seafarers;

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

(h) Maritime Labour Certificate refers to the document that certifies that the
working and living conditions of the seafarers on the ship have been
inspected and are compliant with re 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;

() 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;

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

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

(0) Recognized Organizations refers to organizations recognized by the
DOLE to carry out inspections or issue the Maritime Labour
Certificate in accordance with the scope of activities covered by their
authorizations;

(p) Repatriation refers to the process of returning a seafarer to the point
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;


(1) 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 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;

(0) Shipowner refers to 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 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 fulfill certain of the duties or responsibilities on behalf of the
shipowner.

CHAPTER II
SEAFARERS’ RIGHTS

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

(a) Safe and Secure workplace that complies with safety standards;

(b) Decent working and living conditions on board a ship;

() 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 with Philippine Laws or international maritime
conventions, when applicable.

SECTION 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 boards or appointment
in government instrumentalities.

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

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


Towards this end, relevant government agencies shall:

(a) Regulate the operations of all educational and training institutions
offering courses related to seafaring;

(b) Pursue grant programs such as scholarships, subsidies, loan assistance
and other measures that will harness the skills of Filipino seafarers
toward greater competitiveness given 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.

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

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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 IIL
DUTIES OF SEAFARERS.
SECTION 13. Seafarers shall have the following duties:

(a)To comply with and observed the terms and conditions of the
employment contract;

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

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

(d)To be diligent in the performance of duties relating to the ship, kit
stores, equipment and cargo, whether on board, in transit or ashore;

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

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

CHAPTER IV
MINIMUM REQUIREMENTS FOR SEAFERERS

SECTION 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.

SECTION 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 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 validity of the
certificate.

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


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

SECTION 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 ay be issued by the Secretary of Labor and
Employment.

SECTION 18. Contracting or Subcontracting of 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

SECTION 19. Applicability. - The shipboard training of cadets shall be
governed by Sections 5 to 12 Chapter II; Section 13 of Chapter III; Section 15 of
Chapter IV; Section 31 to 35 of Chapter IX; Section 36 of Chapter X; and Section
42 of Chapter XIV hereof.

SECTION 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:

(a) Cadets full name, date of birth, birthplace and age, which should be
at least sixteen (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 of 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 in which shall not be
less than the prescribed hours of work and rest in section 21 of this
Act;

(h) Duties and responsibilities and the sponsoring company, Maritime
Higher Education Institution (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)

(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, though the Bureau of Working
Conditions (BWC). A signed original copy shall also be made available on
board the ship.

MHEI shall demonstrate that over the last (3) years, an average of at least
the minimum percentage of the target number of cadet, 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 (BMST) 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 CONDITIONS OF EMPLOYMENT

SECTION 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;

(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 seafarers’ salary, and the formula used for calculating the
same;

(f) Hours of work and hours of rest;

(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;

(i) Stipulation and repatriation or similar undertakings;

(j) Separation pay and retirement pay, if applicable;

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

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

The foregoing employment agreement shall be in working language or in
English, executed in thee (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 in 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.

SECTION 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
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 the wages for actual work 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 similarity situated
persons shall be paid full minimum wage in accordance with the services
rendered.

Cadets, on-the-job trainees, apprentices and other similarity 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.

SECTION 23. Hours of Work and Hours of Rest. - The normal hours of
work of every seafarer shall not exceed eight (8) hours a day. If the seafarer is
allowed to work beyond eight (8) hours, the maximum hours of work shall not
exceed fourteen (14) hours in any 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 watching 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 exceptional shall not be
allowed for more than two (2) consecutive weeks. The intervals between two
(2) periods of exception shall not be less than twice the duration of the
exception.


SECTION 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 already provided under the
collective bargaining agreement (CBA) or by the shipowner as company
practice or policy.

CHAPTER VIL
REPARIATION

SECTION 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 pri
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 return to the country; the shipowner or agency
may recover the cost of repatriation from the seafarer if the termination of the
employment was due solely to the seafarer’s fault.

SECTION 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, which the POEA shall require manning agencies to
effect the repatriation of seafarers within forty-eight (48) hours or suffer the
penalty 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 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).

SECTION 27. Repatriation for the 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 VIII
MANNING REQUIREMENT

SECTION 28. Manning Levels. - All ships of the 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.

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

SECTION 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 for the implementation of additional training, skills, and
competency development programs for seafarers.


CHAPTER XI

ACCOMMODATION, RECREATIONAL FACILITIES, FOOD AND
CATERING.

SECTION 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.

SECTION 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 the convenient places, allowing for easy access to
work stations. Separate facilities shall be provided for male and female crew.

SECTION 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.

SECTION 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 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.

SECTION 35. Application. - The requirement 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 sips 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

() All ships constructed prior to the entry into force of the MLC, 2006
which have undergone or substantial structural alterations after the


entry into force of the Convention, unless provided exception by the
relevant Philippine government agency.

CHAPTER X
HEALTH PROTECTION AND MEDICAL CARE

SECTION 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 Standard and other pertinent laws,
rules, and regulations.

The shipowners 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 servicing 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

SECTION 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 Stat Insurance Fund, Philhealth, Home Development
Mutual Fund (or Pag-IBIG Fund) and shall enjoy the benefits afforded pursuant
t membership thereof.

CHAPTER XI
COMPLIANCE AND ENFORCEMENT

SECTION 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 its
implementing rules and regulations. The shipowner and master, as acting
shipowner's representation, 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
tules and regulations. The DOLE, the DFA and the MARINA, in consultation
with shipowners and seafarers’ organization shall formulate the said
implementing rules and regulations.

SECTION 39. Inspecting 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 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 of the duly authorized representative may immediately order
the detention of the ship until violation or deficiency is corrected.

SECTION 40. Recognized Organization. - Recognized organizations
may be authorized by the Secretary of Labor and Employment to conduct the
inspection of the ship’s premises and issue the maritime labor certificate or the
certificate of compliance with, as appropriate, in accordance with the provision
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 professionals and technical expertise to


conduct the inspection and certify to the ship's compliance with established
standards.

CHAPTER XIII
TERMINATION OR EMPLOYMENT
SECTION 41. Termination of Employment. -

(a) The employment of Filipino seafarers on board Philippine-registered
ships operating intentionally, 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 reason:

(1) 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;

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

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

(4) When the seafarer is discharged for just causes in accordance
with the provisions of the POEA-SEC.

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

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

CHAPTER XIV
SETTLEMENT OF DISPUTES

SECTION 42. On Board and Onshore Grievance Machinery. - All ships
of Philippine registry shall prescribe the 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 with the involvement of the union as
established in its CBA. Without prejudice to any existing law, any agreement
reached by the parties during the grievance negotiation shall be final and
binding.

SECTION 43. Mandatory Conciliation-Mediation and Arbitration. -
Seafarers, whether engaged, employed or working on board ships of Philippine
registry or other registries, shall vail of the conciliation-mediation services of
the DOLE pursuant to R.A. No. 1039 and its implementing rules and
regulations, by filling a request for assistance before the conciliation-mediation
desks at the Regional/ Provincial Offices of the DOLE or its attached agencies.

In case of failure of conciliation-mediation in cases where seafarers are
covered by CBA, the case shall be submitted for Voluntary Arbitration in
accordance with Articles 261 and 262of 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 OVESEASES FILIPINO SEAFARERS

SECTION 44. Reintegration. - Returning or unemployed overseas
Filipino seafarers may avail of the livelihood development and training
programs, placement 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 potentials for national development.

CHAPTER XVI
INCENTIVES AND AWARDS GRANTED TO THE MARITIME INDUSTRY

SECTION 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 shipowners,
seafarers, manning and other organizations or entities, shall be commented or
awarded for their outstanding performance in upholding the rights of seafarers
and complying with this Act.

CHAPTER XVII
GOVERNMENT AGENCIES

SECTION 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.

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 which conduct physical, optical, dental,
psychological and other similar examinations, hereinafter referred to as
health examinations, on Filipino seafarers.


The DOH shall determine and prescribe the nature of the health
examination that shall be required of a seafarer, ensuring that such
examination will genuinely determine the seafarer’s state of heath,
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.

(a) 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
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 issuance 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.

SECTION 47. Philippine Seafarers’ One Stop Shop 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) Department of Labor and Employment;


(b) Department of Foreign Affairs;

(c) Commission on Higher Education;

(d) Professional Regulation Commission;

(e) National Telecommunications Commission;

() Philippine Overseas Employment Administration;

(g) Overseas Workers Welfare Administration;

(h) Technical Education and Skills Development Authority;

(i) Maritime Industry Authority;

(j) National Bureau of Investigation;

(k) Social Security System;

(1) 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

SECTION 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.

SECTION 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 Sections 38 and 39 of this Act,
shall be punished with a fine 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 prescribed after five
(5) years from its commission, or upon discovery of the violation by competent
authorities.

SECTION 50. Transitory Provision. - All right, 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.

SECTION 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.

SECTION 52. Repealing Clause. - All laws, decrees, executive orders
and proclamations, rules and regulations or parts thereof that are inconsistent
with this Act are hereby repealed or modified accordingly.

SECTION 53. Separability Clause. - If any part or provision of this Act
shall be held unconstitutional or invalid, other provisions hereof which are not
affected thereby shall continue to be in full force and effect.

SECTION 54. Effectivity. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in at least two (2) national
newspaper of general circulation, whichever comes earlier.

Approved,