Ornate
NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
of tl)f £'f a ftarji
23 JAN 12 P5:48
SENATE
S. No. 1871
RECEIVED BY:
Introduced by Senator MARK A. VILLAR
AN ACT
INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS
EXPLANATORY NOTE
Filipinos account for about 25% of an estimated 1.5 million seafarers across 
the globe, making the Philippines the world's largest supplier of seafarers. The 
Philippine Central Bank has reported that Filipino seafarers remittances account to a 
minimum of 376.12 million pesos to the country every year.1
Despite the significant contribution and invaluable service of our seafarers not 
just in our country but for most maritime companies around the globe, our seafarers 
are still at risks of losing their jobs if the standards of trainings, facilities and 
equipment for our seafarers will not be elevated to international standards. The risk 
is evident similar to what happened in October 2022 when the deployment of new 
Filipino seafarers to European Union ships and the jobs of some 50,000 others now 
working on EU-flagged vessels was at risk due to alleged failure to comply with 
International Convention on Standards of Training, Certification and Watchkeeping 
for Seafarers (STCW Convention).
This bill aims to develop a pool of competent and world-class seafarers 
through a system of education, training, certification and licensing. Shipowners, 
maritime higher education institutions, and license manning agencies will be 
recognized as vital partners in promoting the rights, welfare, skills and competencies
1 https://www.ucanews.com/news/filipino-seafarers-escape-european-union-ban/99311
1


of seafarers. Further, this bill seeks to provide our seafarers full protection, before, 
during, and after their employment.
Given the invaluable contribution and service of our seafarers, the approval of 
this bill is earnestly sought.
MARK A. VILLAR


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
^Euaie
'tftHitp of ti(f Ssen -'liU;'
23 M 12 P5 'M
SENATE
Introduced by Senator MARK A. VILLAR
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:
1 
Section 1. Short Title. — This Act shall be known as the "Magna Carta of
2 
Filipino Seafarers".
3 
Sec. 2. Declaration of Policies. - It is hereby declared the policy of the State:
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a) To recognize the rights, contributions, and unique role of seafarers as
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essential maritime professionals, acknowledge their vulnerabilities, and
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afford them full protection before, during, and after their employment;
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b) To recognize that seafarers are a special category of key workers
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providing essential services, and given the global nature of the shipping
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industry and the different jurisdictions that seafarers may be brought into
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contact with, they are in need of special protection;
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c) To encourage the participation of women in the seafaring profession and
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contribute meaningfully to the achievement of national development goals
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as productive members of the community;
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d) To maintain and progressively develop a pool of competent and world-
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class seafarers through a system of education, training, certification, and
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licensing;
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e) To establish and enhance mechanisms of administrative, adjudicative,
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social, and welfare services for seafarers and their families;
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f) To enact laws that adopt, and implement the standards set by the
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international conventions and agreements regarding the working and
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living conditions and occupational safety and health, among others, of
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seafarers, particularly the Maritime Labor Convention, 2006 (MLC 2006);
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and
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g) To recognize shipowners, maritime higher education institutions, and
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licensed manning agencies as vital partners in promoting the rights,
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welfare, skills and competencies of seafarers.
7 
Toward these ends, the State shall endeavor to improve the seafarers' working
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conditions, terms and conditions of employment, and career prospects, and provide
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them opportunities to harness their potentials to the fullest. The State shall also
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uplift the socio-economic well-being of the seafarers' families.
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CHAPTER II
12 
GENERAL PROVISIONS
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Sec. 3. Coverage. -This Act shall cover:
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a) All Filipino seafarers who are to be engaged, engaged, employed, or
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working in any capacity, on board Philippine or foreign-registered ships,
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except those to be engaged, engaged, employed, or working in the
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following categories of ships:
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1) Warships, naval auxiliaries, and Coast Guard vessels;
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2) Government ships not engaged in commercial operations;
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3) Ships of traditional built, as may be defined under existing rules and
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regulations; and
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4) Fishing vessels, as may be defined by appropriate rules and regulations
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to be issued by the Department of Labor and Employment (DOLE), in
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consultation with the Bureau of Fisheries and Aquatic Resources and
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other relevant stakeholders.
26 
For the purpose of this Act, a seafarer is deemed "to be engaged" as such if
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the seafarer has been contracted for overseas employment but has yet to leave the
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Philippines.
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b) All Filipino seafarers on board Philippine registered domestic ships
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engaged in trade and commerce between Philippine ports and within
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Philippine territorial or internal waters shall be covered primarily by
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equivalent provisions of the Labor Code of the Philippines, as amended


1 
and related social and welfare benefit laws. For this purpose, the DOLE
2 
shall 
issue the appropriate rules and regulations to govern the
3 
employment of domestic seafarers.
4 
Sec. 4. Definition of Terms. - As used in this Act, the following terms shall
5 
have the following meaning:
6 
a) Abandonment - refers to a situation where, in violation of the terms of
7 
the employment contract, the shipowner:
8 
i. 
Fails to cover the cost of the seafarer's repatriation;
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ii. 
Has left the seafarer without the necessary maintenance and
10 
support; or
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iii. Has otherwise unilaterally severed their ties with the seafarer,
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including failure to pay contractual wages for a period of at least
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two (2) months;
14 
b) Cadet - refers to a student of maritime educational institution who is
15 
required to undergo training on board registered international 
or
16 
domestic ships to fulfill a maritime degree or technical course;
17 
c) Domestic shipping - refers to the transport of passenger or cargo, or
18 
both, by ships duly registered and licensed under Philippine law to
19 
engage in trade and commerce between Philippine ports and within
20 
Philippine territorial or internal waters, for his or compensation, with
21 
general or limited clientele, whether permanent, occasional 
or
22 
incidental, with or without fixed routes, and done for contractual or
23 
commercial purposes;
24 
d) Internationai Maritime Convention or Internationai Convention - refers
25 
to any written treaty or agreement, or any protocol or amendment
26 
thereto, affecting the maritime industry, which has come into force and
27 
effect, including the MLC 2006;
28 
e) Internationai Convention on Standards of Training, Certification, and
29 
Watchkeeping for Senators (STCW) - refers to the international
30 
convention that establishes the minimum standards relating to training,
31 
certification, and watchkeeping for seafarers, which the Philippines
32 
acceded to on May 22, 1984;


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f) Manning Agency - refers to a natural or juridical person duly licensed 
by the Secretary of the Department to engage in the recruitment and 
placement of seafarers;
g) Maritime Accident - refers to any unforeseen occurrence or physical 
event connected to the navigation, operations, maneuvering, or 
handling of ships, or the machinery, equipment, material, or cargo on 
board such ships which may result in the detention of seafarers;
h) Maritime Industry Stakehoiders - refers to all private sector 
stakeholders engaged in the business of owning, managing, chartering 
or operation domestic and international ship/s of Philippine or foreign 
registry, manning of ships, management of ports, stevedoring and 
arrastre services, such as ship supplies and provisions, maritime 
education and training, shipping agency, and other similar activities. 
This term shall also include bona fide maritime labor organizations, 
professional associations of seafarers, associations promoting 
seafarers' welfare, and women's maritime organizations;
i) Maritime Labor 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 the requirements of the MLC, 
2006 and of applicable Philippine laws and regulations;
j) Maritime Labour Convention, 2006 (MLC, 2006) - refers to the 
consolidated Maritime Labour Convention approved by the 
International Labour Organization (ILO) in 2006 and ratified by the 
Philippines on August 20, 2012;
k) Master - refers to a person having command of a ship and acts the 
shipowners' representative;
l) 
Ocean-Going Ship - refers to a ship other than those which navigate 
exclusively in inland water or in water within or closely adjacent to 
sheltered water, or areas where port regulations apply;
m) 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;


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n) One-Stop-Shop Center for OFWs (OSSCO) - refers to the one-stop 
centers in various parts of the country established to ensure prompt, 
efficient, vital and relevant services to Overseas Filipino Workers 
(OFWs) and other overseas Filipino and their families, including 
seafarers. The OSSCOs shall be the venue for the acquisition of 
relevant clearances and permits, validation of overseas job offers, 
availment of reintegration services and all pertinent seminars and 
workshops for all stakeholders, among others. In all cases, and as far 
as practicable, the OSSCOs shall be co-located with DMW regional 
offices. Agencies at these centers shall, as far as practicable, include 
the Department of Labor and Employment (DOLE), Department of 
Migrant Workers (DMW), Department of Foreign Affairs (DFA), 
Overseas Workers Welfare Administration (OWWA), Technical 
Education and Skills Development Authority (TESDA), Professional 
Regulation Commission (PC), Maritime Industry Authority (MARINA), 
Department of Health (DOH), Philippine Coast Guard (PCG), Home 
Development Mutual Fund (HDMF), Philippine Health Insurance 
Corporation (PhilHealth), Social Security System (SSS), Philippine 
Statistics Authority (PSA), Bureau of Immigration (BI), National Bureau 
of Investigation (NBI), Commission on Higher Education (CHED), 
Philipine National Police (PNP), Bureau of Internal Revenue (BIR), and 
such other government agencies as may be appropriate;
o) Point of Hire - refers to the place indicated in the contract of 
employment, and which shall be in the basis of determining the 
commencement of the contract;
p) Recognized Organization - refers 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;
q) Repatriation - refers to the process of returning a seafarer to the point 
of destination, which shall be the point of hire or the seafarer's place 
domicile, at the option of the seafarer, or in case of incapacity or 
death, at the option of his/her next-of-kin;


1 
r) Standard Employment Contract (SEC) or Employment Contract- refers
2 
to a government-prescribed contract containing the minimum terms
3 
and conditions of employment;
4 
s) Seafarer- refers to any Filipino who is to be employed, is employed, or
5 
is engaged to work in any capacity on board a ship covered under this
6 
Act;
7 
t) Ship or Vessel - refers to any kind, class or type of craft or artificial
8 
contrivance capable of floating in water, whether publicly or privately
9 
owned, ordinarily engaged in commercial activities;
10 
u) Shipowner or Principal - refers to the owner of the ship employing
11 
Filipino seafarers to work on board domestic ships and ships engaged
12 
in international trade, or any other organizations or person, such as the
13 
manager, agent or bareboat charterer, who has assumed the
14 
responsibility for operation and management of the ship from the
15 
shipowner, and who, in assuming such responsibilities, has agreed to
16 
take over all the attendant duties and responsibilities of a shipowner
17 
under this Act, regardless of whether any other organization or persons
18 
fulfill certain duties or responsibilities on behalf of the shipowner.
19 
CHAPTER III
20 
SEAFARER'S RIGHTS
21 
Sec. 5. Right to Just Terms and Conditions of Work. - Seafarers shall have
22 
the right to:
23 
a) A safe and secure workplace that complies with safety standards;
24 
b) Decent working and living conditions on board a ship;
25 
c) Medical care and confirmatory tests, welfare measures and other forms of
26 
health and social protection;
27 
d) Fair terms and conditions of employment, including salary commensurate
28 
to their rank, hours of work, paid sick leave or sickness benefits, the
29 
maximum numbers of workers hours, and minimum hours of rest period,
30 
consistent with Philippine laws or international maritime conventions; and
31 
e) Compensation and benefits in the event death or long-term disability for
32 
occupational injuries, illnesses and hazards.


1 
Sec. 6. Right to Self-Organization, to Engage in Collective Bargaining and to
2 
Participate in Democratic Exercises. - Seafarers shall enjoy the right to self-
3 
organization, to collective bargain, to form or join international organization of
4 
seafarers or network with seafarers of different nationalities, and to participate in
5 
the deliberation of issues and in the formulation of policies that affect them,
6 
including the guarantee of representation in governing boards or appointment in
7 
government instrumentalities.
8 
Sec. 7. Right to Educational Advancement and Training at Reasonable and
9 
Affordable Costs. - Seafarers shall have access to educational advancement and
10 
training at reasonable and affordable costs.
11 
Toward this end, relevant government agencies shall:
12 
a) Regulate the operation of all educational and training institutions offering
13 
courses related to seafaring;
14 
b) Pursuant grant programs, such scholarships, subsidies, loan assistance
15 
and other measures that will harness the skills of seafarers toward greater
16 
competitiveness given the new and evolving demands in the country;
17 
c) Promote quality maritime education and training that respond to the needs
18 
of the industry and in accordance with minimum international maritime
19 
standards of competency; and
20 
d) Afford enhanced access to educational advancement and training of
21 
women in the seafaring industry.
22 
CHED and MARINA shall work together to mainstream gender and
23 
development in the curricula of maritime institutions and training centers
24 
Sec. 8. Right to Information. - Shipowners, manning agencies, and other
25 
organizations responsible for the recruitment and placement of seafarers shall
26 
provide seafarers relevant information, including the terms and conditions of
27 
employment, company policies affecting seafarers, conditions and realities attending
28 
to their profession, and necessary laws and regulations of countries covered by their
29 
sojourn. In addition, the seafarers shall, at all times, be furnished a copy of the duly
30 
executed Standard Employment Contract, as well as the results of the medical
31 
examination conducted on him/her. The right shall also include the right of


1 
seafarers' organizations to relevant information affecting the terms and conditions of
2 
employment of their members.
3 
All ships covered by this Act shall have a copy of the MLC, 2006, the
4 
grievance procedures observed on-board, duly executed Standard Employment
5 
Contract of Seafarers, and when there is a Collective Bargaining Agreement (CBA), a
6 
copy of such agreement, which shall be readily available to the seafarers.
7 
Sec. 9. Right to Information of a Seafarers' Famiiy or Next-of-Kin. - In critical
8 
incidents, such as accidents or deaths on board or offshore, piracy, abandonment of
9 
vessel, and other similar cases, the seafarer's family or next-of-kin shall be
10 
immediately informed of the incident, including investigation reports, action/s taken,
11 
and plans by the shipowner and the manning agency concerned.
12 
Sec. 10. Right to Safe Passage and Safe Travei. - Seafarers shall be accorded
13 
rights to safe passage and safe travel, including the right to embark and disembark
14 
in third countries when in transit, and the right to be repatriated and return home.
15 
Sec. 11. Right to Consuitation. - Seafarers and maritime stakeholders shall be
16 
adequately consulted before adopting any maritime policy, executive issuance, rules
17 
or regulations, or in the enactment of any maritime law that may directly affect the
18 
seafarers and/or their families and beneficiaries.
19 
Sec. 12. Right Against Discrimination. - Seafarers shall have the right to be
20 
protected from discrimination on the basis of race, sex, religion, or political opinion,
21 
as well as on the basis of disablement, taking into consideration the inherent
22 
requirements of the particular job or undertaking. Career opportunities shall be
23 
promoted, and appropriate working and living conditions shall be guaranteed equally
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among male and female seafarers.
25 
Sec.13. Right to be Protected Against AH Forms of Harassment and BuHying. -
26 
Seafarers shall be protected against all forms of harassment and bullying while on
27 
board their ships. The shipowner shall put policies in place for the protection of all
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crew members. Maritime stakeholders and seafarers shall ensure that harassment
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and bullying do not take place.
30 
Shipowners and manning agencies shall also establish helplines and grievance
31 
mechanisms for all victims of harassment and bullying.
8


1 
Sec. 14. Right to Free Legal Representation. - seafarers who are victims of
2 
violations of the provisions of this Act or whose contracts have been breached, who
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cannot afford the services of a competent and independent counsel, shall have the
4 
right to free legal assistance and protection at government's expense, and to the fair
5 
and speedy disposition of the case, including the expeditious settlement of any
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money claims, subject to existing rules and regulations.
7 
Sec. 15. Right to Access to Communication. - seafarers, especially during their
8 
free time or when they are not on duty, shall have reasonable access to ship-to-
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shore telephone communications, and email and internet facilities, where available.
10 
Sec. 16. Right to Record Employment or Certificate of Employment. - At the
11 
expiration of the employment contract of the seafarer, the seafarer shall be given a
12 
record of his/her employment on board the ship or a certificate of employment
13 
specifying the length of service, the position the seafarer occupied, an account of
14 
his/her final wages, and such other relevant information.
15 
Sec. 17. Right to Fair Treatment in the Event of a Maritime Accident - In the
16 
event of a maritime accident, seafarers shall be treated fairly. They shall be entitled
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to all the rights under the ILO/International Maritime Organization (IMO) 2006
18 
Guidelines on Fair Treatment of Seafarers in the Event of a Maritime Accident and its
19 
amendments.
20 
CHAPTER IV
21 
WOMEN IN THE MARITIME INDUSTRY
22 
Sec. 18. Discrimination Against Women Seafarers. - In addition to the right
23 
against discrimination on the basis of sex, women seafarers shall be protected from
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the following discriminatory acts:
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a) Payment of a lesser compensation, including wage, salary or other form of
26 
remuneration and fringe benefits, to a male seafarer as against female
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seafarer, for work of equal value; and
28 
b) Favoring a male seafarer over a female seafarer with respect to
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promotion, training opportunities, study and scholarship grants, solely on
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account of their sexes.
31 
Sec. 19. Gender and Development - Shipowners and manning agencies shall
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formulate gender and development policies. In addition, all maritime training


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institutions shall ensure that appropriate gender-sensitive policies are in place to
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promote the rights of women to adequate training and opportunities, free from
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discrimination, harassment and bullying.
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CHAPTER V
5 
SEAFARER'S DUTIES
6 
Sec. 20. Duties of a Seafarer. - Seafarers shall have the following duties:
7 
a) To comply with and observe the terms and conditions of the Standard
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Employment Contract;
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b) To abide by lawful and reasonable company personnel policies;
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c) To follow and observe the chain and command of the vessel, and to
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comply with the relevant and reasonable policies and procedures on board
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the ship or while ashore, taking into consideration his/her religious
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freedom;
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d) To be diligent in the performance or duties relating to the ship, its stores,
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equipment and cargo, whether on board, in transit or ashore;
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e) To be, at all times, orderly and respectful to the shipmates, passengers,
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shippers, stevedores, port authorities, and other persons who have official
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business with the ship; and
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f) To take personal responsibility for his/her health while on board by
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maintaining a healthy lifestyle and complying with medically prescribed
21 
instructions.
22 
CHAPTER VI
23 
MINIMUM REQUIREMENT FOR SEAFARERS
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Sec. 21. Minimum Age. - No person below eighteen (18) years old, other than
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a cadet, shall be employed, engaged, or otherwise allowed to work on board
26 
Philippine-registered ships operating domestically or internationally, as well as on
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board foreign-registered ships.
28 
Sec. 22. Medical Certificates. - No seafarer shall be employed, engaged, or
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otherwise allowed to work on board a domestic or ocean-going ship unless a medical
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certificate has been issued declaring the seafarer to be fit to work.
10


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For this purpose, the seafarer shall hold a valid medical certificate issued by a
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medical facility duly accredited by the Department of Health (DOH), in accordance
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with its rules and regulations.
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The medical certificate shall certify that the person is expected to meet the
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minimum requirements to perform the duty specific to the person's post safely and
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effectively during the validity of the certificate.
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During the conduct a medical examination, the seafarer shall have the
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responsibility of answering truthfully all questions relating to his/her medical
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condition and/or medical history, including previously known illness, injury, or
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medical treatment, and to make a complete inventory of medication prescribed to
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him/her by physicians; Provided, That the processing of the medical information of
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the seafarer shall at all times comply with the provisions of Republic Act No. 10173
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of the "Data Privacy Act of 2012."
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For purposes of this section, a medical certificate issued in accordance with
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the requirements of STCW shall be accepted.
16 
Sec. 23. Training and Quaiifications. - Only seafarers certified by appropriate
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government agencies in compliance with the STCW and other applicable
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international standards, shall work, be employed or be engaged on board a ship.
19 
Sec. 24. Recruitment and Piacement - Only duly licensed manning agencies
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shall be allowed to operate and engage in the recruitment and placement of
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seafarers, in accordance with rules and regulations as may be issued by the
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Secretary of Labor and Employment, or the Secretary-in-Charge of migration-related
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matters, including the deployment of seafarers.
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In all cases, no amount of fee, including placement fees, shall be charged to
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the seafarer in relation to his/her recruitment and placement.
26 
CHAPTER VII
27 
TERMS AND CONDITIONS OF EMPLOYMENT
28 
Sec. 25. Standard Empioyment Contract for Seafarers. - There shall be a
29 
Standard Employment Contract In writing between the shipowner and the seafarer,
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which shall include, but not limited to, the following information and terms:
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a) Seafarer's full name, date of birth, age, birthplace, permanent and/or
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residential address;
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b) Seafarer's Record Book Number, Seafarer's Identity Document Number,
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and Seafarer's Registration Number;
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c) Shipowner's name and address;
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d) Place where and date when the seafarer's employment agreement is
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entered into;
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e) Duration of the contract;
7 
f) Point of hire;
8 
g) Capacity in which the seafarer is to be employed;
9 
h) Amount of the seafarer's salary, and the formula used for calculating the
10 
same;
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i) Maximum hours of work and minimum hours of rest;
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j) Wages and wage-related benefits, which include, but not limited to,
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overtime pay, holiday pay, vacation leave pay, premium pay, paid leaves,
14 
and 13th month pay, if applicable;
15 
k) Compensation and benefits for occupational injury, illness, or death;
16 
I) Social security and welfare benefits, including the compulsory insurance
17 
coverage as provided under Republic Act No. 8042, as amended by
18 
Republic Act No. 10022, otherwise known as The Migrant Workers Act;
19 
m) Stipulations on repatriation or similar undertakings;
20 
n) Separation pay and retirement pay, if applicable;
21 
o) Reference to the CBA, if applicable; and
22 
p) Other benefits in accordance with law, company policy or CBA.
23 
The employment contract shall be in a working language or in the English
24 
language, executed in four (4) original copies before the commencement of the
25 
employment. The shipwoner and the seafarer shall each have a signed original of
26 
the agreement. In addition, a signed original shall be made available on board the
27 
ship.
28 
For ocean-going Philippine-registered ships or foreign-registered ships, the
29 
DMW 
shall issue a Standard Employment Contract containing the minimum
30 
standards to be observed in the employment of seafarers. The Standard
31 
Employment Contract shall be reviewed and updated regularly and must, at all
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times, be consistent with the MLC, 2006, and other existing treaties and conventions
2 
governing seafarers, which the Philippines has ratified or will ratify in the future.
3 
Sec. 26. Maximum Hours of Work and Minimum Hours of Rest. - The normal
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hours of work of a seafarer shall not exceed eight (8) hours a day with one (1) rest
5 
day per week. If the seafarer is required to work beyond eight (8) hours, the
6 
maximum hours of work shall not exceed fourteen (14) hours in any twenty-four
7 
(24) hour period, and seventy-two (72) hours in any seven (7) day period.
8 
The minimum hours of rest for every seafarer shall not be less than ten (10)
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hours in twenty-four (24) hour period. The hours of rest may be divided into two (2)
10 
periods, one of which shall be at least six (6) hours in length, and the interval
11 
between the two periods of rest shall not exceed fourteen (14) hours.
12 
In exceptional cases, seafarers in watchkeeping duties may be required to
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work beyond fourteen (14) hours: Provided, that the rest period is not less than
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seventy (70) hours in any seven (7)-day period; Provided, further, that such
15 
watchkeeping duties shall not be allowed for more than (2) consecutive weeks;
16 
Provided, finally, that the intervals between the two (2) periods shall not be less
17 
than twice the duration of the exception.
18 
Seafarers shall be granted reasonable periods of shore leaves while the vessel
19 
is docked for the benefit of their heaith and well-being, subject to proportionate and
20 
specifically adopted rules, regulations, and measures of the Port State.
21 
Sec. 27. Paid Annuai Leave. - Unless a higher annual leave is already
22 
provided in the employment contract, or under a CBA, or by the shipowner as
23 
company practice or policy, the seafarers shall be paid an annual leave, to be
24 
calculated on the basis of a minimum of 4.5 calendar days per month of
25 
employment, without prejudice to any future increases as may be prescribed by
26 
laws, rules, or regulations: Provided, that the following shall not be counted as part
27 
of the annual paid leave:
28 
a) Public and customary holidays of the Philippines, whether or not they fall
29 
during the paid annual leave;
30 
b) Periods of incapacity for work i) resulting from illness or injury; ii) due to
31 
maternity or paternity leave in accordance with law;
32 
c) Temporary shore leave granted to a seafarer while employed; or
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d) Compensatory leave of any kind.
2 
Sec. 28. l/l/3gres. - Without prejudice to higher rates provided under the
3 
Standard Employment Contract, or under a CBA, or by the shipowner as company
4 
practice or policy, the minimum wage applicable to seafarers on board ocean-going
5 
ships of Philippine or foreign registry shall be as provided in the Standard
6 
Employment Contract, which in no case be lower than the prevailing industry
7 
standard on ocean-going seafaring wage rates for officers and other members of the
8 
ship's crew, and regularly paid in full at least once a month.
9 
Sec. 29. Remittance of Wages. - Shipowners shall provide the appropriate
10 
facilities and assistance to the seafarer to enable the seafarer to remit his/her wages
11 
to his/her designate allotee/s in the Philippines through any authorized Philippine
12 
bank or financial intermediary; Provided, that such allotment shall not be less than
13 
eighty percent (80%) of the seafarer's monthly basic salary.
14 
Sec. 30. Limitations on Wage Deductions. - A deduction from the seafarer's
15 
wages shall not be made without his/her written consent unless the deduction is
16 
provided for in the contract of employment and/or is authorized by law.
17 
Sec. 31. Personal Effects. - A seafarer may bring a reasonable number of
18 
articles for personal use on board the ship; Provided, that this shall not
19 
inconvenience the ship or cargo or pose any risk on board the ship. If the seafarers
20 
personal effects are lost or damaged as a result of shipwreck, loss or stranding,
21 
abandonment of the vessel, or as a result of fire, flooding, collision, or piracy, the
22 
shipowner shall reimburse him/her for said loss or damage, subject to limits
23 
prescribed by existing rules and regulations, unless a higher limit is provided under
24 
the existing CBA, but in no case lower than international standards.
25 
Sec. 32. Social Welfare Benefits. - Without prejudice to established policy,
26 
CBA or other applicable social agreement, all seafarers shall be members of, and
27 
receive the benefits conferred by the Overseas Workers Welfare Administration
28 
(OWWA), Social Security System (SSS), Employees' Compensation and State
29 
Insurance Fund, PhilHealth, HDMF or Pag-IBIG Fund, and other applicable social
30 
protection laws, rules, and regulations, as may now or hereafter be created in favour
31 
of Filipino workers and/or OFWs.
14


1 
Sec. 33. Sick Leave and Sickness Benefits During Pubiic Heaith Emergencies.
2 
- A seafarer who has contracted an illness or disease during public health
3 
emergencies, such as epidemics or pandemics, while in transit, or is under
4 
quarantine, shall be entitled to paid sick leave and sickness benefits until the
5 
seafarer joins the vessel.
6 
Sec 34. Anti-Harassment and Buiiying Policies On Board Ships. - Shipowners
7 
shall ensure protection to seafarers with policies and accessible procedures to
8 
address harassment and bullying on board ships.
9 
CHAPTER VIII
10 
ACCOMODATION, RECRETATIONAL FACILITIES, FOOD AND
11 
CATERING IN SHIPS
12 
Sec. 35. Application. - The requirements of this Chapter covering ships of
13 
Philippine registry shall be applicable to the following:
14 
a) All ocean-going ships and domestic ships constructed on or after the date
15 
when the MLC, 2006 comes into force;
16 
b) All second-hand ships, whether ocean-going or domestic, acquired or
17 
leased, and entered in the Philippine registry after the entry date into
18 
force of the said Convention, insofar as they can be reasonably refitted,
19 
unless provided exemption by the relevant Philippine government agency;
20 
and
21 
c) All ships constructed prior to the entry into force of the MLC, 2006 which
22 
have undergone major or substantial structural alterations after the entry
23 
into force of the Convention, unless provided exemption by the relevant
24 
Philippine government agency.
25 
Sec. 36. Accommodation Faciiities. - Unless otherwise exempted herein or by
26 
appropriate regulations, all ships shall have safe, decent and adequate
27 
accommodations for seafarers taking into account the need to protect the health and
28 
safety of seafarers working or living on board the ship. There shall be a basic
29 
shipboard facility for women, such as separate sleeping rooms.
30 
Sec. 37. Requirements for Sanitation. - All ships shall have sanitation facilities
31 
that meet the minimum standards for health and hygiene, which shall be accessible
32 
to seafarers on board. The sanitation facilities shall be located at convenient places.
15


1 
allowing for easy access to work sanitations. Separate sanitation facilities shall also
2 
be provided for male and female crew members of the ship.
3 
Sec. 38. Recreation Facilities. - Unless otherwise exempted herein or by
4 
appropriate regulations, ail ships shall have recreation facilities, amenities, and
5 
services that are appropriate and accessible to seafarers; Provided, that domestic
6 
ships shall be exempted from this requirement considering that their trading
7 
patterns and length of voyages allow their crew to go home or to make use of
8 
comparable facilities onshore.
9 
Sec. 39. Food and Catering. - All ships shall ensure protection and promotion
10 
of health of the seafarer. Towards this end, shipowners shall ensure that ships carry
11 
on-board and serve free food and drinking water of appropriate quality, quantity and
12 
nutritional value that adequately cover the requirements of the ship and take into
13 
consideration the differing cultural and religious backgrounds of the seafarers on
14 
board the ship. The foods and drinks and the preparation thereof shall be in
15 
accordance with the standards of the Sanitation Code of the Philippines and
16 
pertinent laws, rules and regulations, and/or with international standards. In all
17 
cases, the ship's cooks shall be trained and qualified
18 
CHAPTER IX
19 
MEDICAL CARE AND MARITIME OCCUPATIONAL SAFETY AND HEALTH
20 
STANDARDS
21 
Sec. 40. Medical Care on Board Ships and Ashore. - The shipowner shall
22 
provide adequate medical facility, equipment, paraphernalia and medical supplies,
23 
including medicines on board, and shall ensure access to shore facilities for the
24 
health of seafarers, as well as the corresponding medical or trained personnel who
25 
shall provide first aid and medical care.
26 
The medicine chest and its contents, the medical equipment, and the medical
27 
guide on board shall be maintained and inspected regularly to ensure that labelling,
28 
expiry dates, and conditions of storage of all medicines and the directions for their
29 
use are checked, and all equipment are functioning properly.
30 
The shipowner shail ensure that seafarers have access to medical treatment
31 
for any illness or injury, hospitalization and dental treatment until the sick or injured
16


1 
seafarer has recovered or until the sickness or incapacity has been declared of a
2 
permanent character.
3 
A seafarer shall have the right to consult a qualified physician or dentist
4 
without delay in ports of call, where practical.
5 
The health protection and medical care under this Section shall be provided at
6 
no cost to the seafarer, in accordance with rules and regulations issued for this
7 
purpose.
8 
Sec. 41. Protection of Seafarer from Epidemics, Pandemics, or Other Public
9 
Health Emergencies. - Seafarers on ships should be covered by adequate measures
10 
for protection from health-related outbreaks, such as epidemics and pandemics,
11 
including the provision of personal protective supplies and equipment, as
12 
appropriate.
13 
Seafarers shall have access to prompt and adequate medical care while on
14 
board, including medical advice and confidential helplines on physical and mental
15 
health, which shall be free of charge.
16 
Shipowners shall institute preventive measures in accordance with the health
17 
regulations of the Flag State and the appropriate guidelines issued by the World
18 
Health Organization (WHO), including the necessary distinction, decontamination,
19 
de-ratting, or other measures necessary to prevent the spread of infection or
20 
contamination. Affected seafarers shall also be properly isolated and treated
21 
pursuant to established guidelines of the Flag State, the WHO, and applicable rules
22 
and regulations.
23 
In ports of call, seafarers in need of medical care shall have access to medical
24 
facilities onshore.
25 
The transit of seafarers who are medically fit to work shall be facilitated and
26 
exempted from travel-related, health-related, or movement restrictions until arrival
27 
at the point of destination.
28 
Sec. 42. Financial Security System to Assist Seafarers in Case of Occupational
29 
Injury and Other Causes. - In accordance with the MLC, 2006, on Financial Security
30 
for vessels, the shipowner shall provide an expeditious and effective financial
31 
security system to assist seafarers in the event of their abandonment and to assist
32 
seafarers in the event of their abandonment and to assure compensation for
17


1 
contractual claims in the event of sickness, injury, or death occurring while they are
2 
serving under a seafarer's employment contract, or arising from their employment
3 
under such agreement.
4 
CHAPTER X
5 
TERMINATION OF EMPLOYMENT
6 
Sec. 43. Termination of Empioyment -
7 
a) The employment of Filipino seafarers on board Philippine-registered ships,
8 
operating internationally, as well as those on board foreign-registered
9 
ships, shall cease when the seafarers complete their period of contractual
10 
service aboard the ship, sign off from their ship, and arrive at the
11 
destination as specified under this paragraph (b) of this Section;
12 
b) The employment is also terminated effective upon arrival at the point of
13 
destination, which shall either be at the point of hire or the seafarer's
14 
place of domicile, at the option of the seafarer, or in case of the seafarer's
15 
incapacity or death, at the option of the seafarer, or in case of the
16 
seafarer's incapacity or death, at the option of his/her next-of-kin, for any
17 
of the following reasons:
18 
1) When the seafarer signs off and is disembarked for medical
19 
reasons in the event that the seafarer is declared: i) fit for
20 
repartriation; or ii) when after an illness, the seafarer is declared
21 
fit to work, but the employer is unable to find employment for
22 
the seafarer on board the ship originally boarded or on another
23 
ship of the shipowner;
24 
2) When the seafarer signs off due to the sale of the ship, lay-up
25 
of ship, discontinuance of voyage or change of ship principal,
26 
shipwreck, grounding, or unseaworthiness;
27 
3) When the seafarer voluntarily resigns in writing and signs off
28 
prior to the expiration of contract within a reasonable periods as
29 
may be prescribed in the implementing rules and regulations of
30 
this Act; or
31 
4) When the seafarer is discharged for just causes in accordance
32 
with the provisions of the Standard Employment Contract.
18


1 
Sec. 44. Extension of Employment - In the event of the extension of the
2 
term of a seafarer's employment contract, the seafarer shall be furnished a copy of
3 
the new or supplemental contract covering the extension of his employment with
4 
adequate time to review and obtain expert advice regarding the terms and
5 
conditions of his/her extended employment, which shall in no case be lower than the
6 
terms of his/her original employment. In no case, the shipowner, or a duly
7 
authorized representative or the manning agency shall ensure that the seafarer has
8 
considered the effect of such an extension to any accumulated entitlement and
9 
repatriation benefits, among others.
10 
Manning agencies and shipowners shall submit periodic reports to the DMP
11 
on the welfare and well-being of seafarers subjected to such contract extensions.
12 
CHAPTER XI
13 
SETTLEMENT OF DISPUTES
14 
Sec. 45. On Board and Onshore Grievance Machinery. - All ships of
15 
Philippine registry shall establish a grievance machinery and fair, effective and
16 
expeditious on board and onshore procedures, at no cost to the seafarer, for the
17 
resolution of grievances or complaints.
18 
Any grievance or complaint shall first be referred to the appropriate
19 
grievance mechanism provided under this Section. In cases where a seafarer is a
20 
member of a legitimate trade union organization and covered by a CBA, he/she shall
21 
be assisted by a union-designated representative in the proceedings. Any
22 
agreements reached by the parties at the grievance proceedings shall be final and
23 
binding.
24 
Sec. 46. Mandatory Conciliation-Mediation. - In the absence of an
25 
agreement or settlement at the grievances machinery level, the following rules shall
26 
apply:
27 
a) If there is a CBA, the matter shall be submitted for voluntary arbitration
28 
in accordance with existing laws, rules and regulations;
29 
b) If there is no CBA, the parties shall have the option to submit the case to
30 
compulsory arbitration or voluntary arbitration, or conciliation-mediation
31 
services provided under Republic Act No. 10396, otherwise known as "An
32 
Act Strengthening Conciliation-Mediation as a Voluntary Mode of Dispute
19


1 
Settlement of All Labor Cases, Amending for this Purpose Article 228 of
2 
Presidential Decree No. 442, as amended. Otherwise Known as the
3 
"Labor Code of the Philippines" and its implementing rules and
4 
regulations.
5 
Sec. 47. Maritime Industry Labor Arbitration. - There shall be a pool of
6 
training maritime industry conciliators-mediators and experts with the appropriate
7 
competence, integrity, and knowledge of the Philippine and global maritime industry
8 
practices and standards, MLC, 2006, and related Philippine-ratified conventions and
9 
treaties, who shall handle the mediation or conciliation or arbitration of all issues
10 
relating to the employment of seafarers.
11 
CHAPTER XII
12 
REPATRIATION
13 
Sec. 48. Seafarer's Repatriation. - In all cases of repatriation, the affected
14 
seafarer shall be repatriated to the point of hire or the place of domicile of the
15 
seafarer, at his/her option, or in case of incapacity or death, at the option of his/her
16 
next-of-kin, and all costs related to the repatriation and/or transport of the personal
17 
effects and remains of seafarers, including the provision on financial security in case
18 
of abandonment of seafarers, shall be borne by or charged to the shipowner or the
19 
manning agency concerned to expedite the repatriation without prior determination
20 
of the cause of repatriation or termination of the seafarer's employment.
21 
Sec. 49. Repatriation Expenses; Advance and Recovery. - The repatriation
22 
expenses that shall be borne by or charged to the shipowner or the manning agency
23 
concerned shall include:
24 
a) Basic pay and allowances from the moment the seafarers leave the ship
25 
until they reach the repatriation destination;
26 
b) Accommodation and food during the journey to the repatriation
27 
destination;
28 
c) Transportation charges, the normal mode of transport should be by air;
29 
d) Deployment cost of the principal; and
30 
e) Immigration fees, fines, and penalties.
20


1 
However, in cases where the termination of employment is for just cause or
2 
upon the request of the seafarer, the cost of repatriation shall be for the account of
3 
the seafarer in accordance with the employment agreement.
4 
The responsibility to provide for the repatriation costs shall be without
5 
prejudice to the right to civil, criminal or other claims in accordance with law, or
6 
otherwise, particularly in cases of maritime accident or death other than natural
7 
causes.
8 
Sec. 50. Quarantine and Medical Expenses in Repatriation Due to Infection,
9 
Epidemics or Pandemic. - Before or during the process of repatriation, the expenses
10 
of medical care and board and lodging for periods spent by seafarers in self-isolation
11 
or quarantine, whether or not the seafarers have symptoms, have been exposed or
12 
are quarantined as a safety precaution for the community, shall be covered by the
13 
shipowner or manning agency until the seafarers have been duly repatriated to the
14 
repatriation destination. Thereafter, medical care and quarantine expenses after
15 
repatriation to the destination shall be borne by the Philippine government, following
16 
the whole-of-government approach in the management of epidemics and
17 
pandemics.
18 
Sec. 51. Waiver of Entitlement to Repatriation. - Entitlement to repatriation
19 
may be waived by a seafarer; Provided, That the waiver shall be written, made
20 
freely and voluntarily, with full knowledge of its consequences; Provided, however,
21 
that no such waiver shall be allowed or presumed when a seafarer is abandoned,
22 
held captive on or off the ship as a result of acts of piracy or armed robbery against
23 
the ship, or are incapable of travelling due to illness, injury or incapacity, or other
24 
causes that affect the seafarer's safety and security.
25 
CHAPTER XIII
26 
REINTEGRATION OF OVERSEAS FILIPINO SEAFARERS
27 
Sec. 52. Reintegration. - There shall be developed and implemented a full-
28 
cycle and comprehensive national reintegration program for seafarers, which shall be
29 
embedded in all stages of migration for work beginning from pre-deployment, on-
30 
site during employment and upon return, whether voluntary and involuntary. The
31 
reintegration program shall cover the different dimensions of support needed by the
32 
seafarer, such as economic, social, psychological, and cultural, including skills
21


1 
certification and recognition of equivalency for effective employment services, and
2 
shall ensure contribution to national development through investments and transfer
3 
of technology from skilled or professional seafarers.
4 
CHAPTER XIV
5 
PROVISIONS APPLICABLE TO DOMESTIC SEAFARERS
6 
Sec. 53. Wages, Holiday Pay, Service Incentive Leave, and Other Statutory
7 
Benefits. - The minimum wage rate of seafarers on board ships engaged in domestic
8 
shipping shall be determined by the Regional Tripartite Wages and Productivity
9 
Board (RTWPB), taking into account the peculiarities of the employment
10 
arrangement of seafarers and the criteria for wage-fixing pursuant Republic Act No.
11 
6727, otherwise known as the "Wage Rationalization Act"; Provided, that wages for
12 
actual work hours and days shall not be lower than the applicable minimum wage
13 
rates in the place where the ship is registered. Wages of domestic seafarers shall be
14 
paid in full and regularly at least twice a week in a month, or at intervals not greater
15 
than sixteen (16) days as provided in the Labor Code of the Philippines, as
16 
amended.
17 
In addition, the provisions of the Labor Code of the Philippines, as
18 
amended, on "Prohibitions Regarding Wages", "Wage Studies, Wage Agreements,
19 
and Wage Determination", "Administration and Enforcement", "Holidays", "Service
20 
Incentive Leaves and Service Changes" shall continue to apply, unless higher annual
21 
leave is already provided under the CBA or by the shipower as company practice or
22 
policy or seafarer's employment agreement. In addition, domestic seafarers shall
23 
also be entitled to i) 13th month pay pursuant to Presidential Decree No. 851, as
24 
amended, ii) paid maternity leave under Republic Act No. 11210, otherwise known
25 
as the "105-Day Expanded Maternity Leave Law", iii) paid paternity leave under
26 
Republic Act No. 8187, otherwise known as the "Paternity Leave Act of 1996", iv)
27 
paid parental leave for solo parents under Republic Act No. 8972, otherwise known
28 
as the "Solo Parents' Welfare Act of 2000", v) paid leave for victims of violence
29 
against women and their children under Republic Act No. 9262, otherwise known as
30 
the "Anti-Violence Against Women and their Children Act of 2004", vi) paid special
31 
leave due to surgery for any gynaecological disorder, under Republic Act No. 9710,
22


1 
otherwise known as the "Magna Carta of Women", and retiremeny pay pursuant to
2 
Republic Act No. 7641.
3 
Domestic seafarers shall also be entitled to SSS, PhilHealth, and Employees'
4 
Compensation Commission (ECC) benefits, HDMP or Pag-IBIG Fund, and other
5 
applicable social protection in accordance with law, regardless of the benefits
6 
already provided under a contact, CBA, or company practice or policy.
7 
Sec. 54. Employment Contract - There shall be an agreement in writing
8 
between the shipowner and the seafarer, which shall include the following terms:
9 
a) Seafarer's full name, date of birth, age, place, birthplace, permanent
10 
and/or residential address;
11 
b) Seafarer's Record Book Number, Seafarer's Identity Document Number;
12 
c) Shipowner's name and address;
13 
d) Place where and date when the seafarer's employment agreement is
14 
entered into;
15 
e) Duration of the contract;
16 
f) Point of hire;
17 
g) Capacity in which the seafarer is to be employed;
18 
h) Amount of the seafarer's salary, and the formula used for calculating the
19 
same;
20 
i) Maximum hours of work and minimum hours of rest;
21 
j) Wages and wage-related benefits, 
which shall include, but is not limited
22 
to, overtime pay, holiday pay, vacation leave pay, premium pay, paid
23 
leaves, and 13th month pay, if applicable;
24 
k) Compensation and benefits for occupational injury, illness of death;
25 
I) Social security and welfare benefits, including the compulsory insurance
26 
coverage as provided under Republic Act No. 10022, otherwise known as
27 
"The Migrant Workers Act";
28 
m) Stipulations in case of rescues or other similar undertakings;
29 
n) Separation pay and retirement pay, if applicable;
30 
o) Reference to the CBA, if applicable; and
31 
p) Other benefits in accordance with the law, company policy, or CBA.
23


1 
The foregoing employment agreement shall be executed by and between the
2 
shipowner and the seafarer before the commencement of employment, in a
3 
language or dialect understandable to both parties. The shipowner shall provide the
4 
domestic seafarer the signed original copy of the agreement and a certified true
5 
copy shall be made available on board the ship.
6 
The DOLE shall keep a copy of the employment contract between the
7 
shipowner and the domestic seafarer.
8 
Sec. 55. Maximum Hours of Work and Minimum Hours of Rest - The
9 
provision of Section 26 shall also apply to domestic seafarers. In addition, waiting
10 
time shall not be considered as compensable working time if the seafarer is
11 
completely relieved from his/her duty and can use the time effectively for his/her
12 
own purpose.
13 
Sec. 56. Termination of Empioyment of Domestic Seafarers. - The
14 
termination of employment of a seafarer on board domestic ships shall be governed
15 
by the provisions of the Labor Code of the Philippines, as amended, and applicable
16 
rules and regulations issued by DOLE. In case the termination of employment is
17 
initiated by the shipowner, the substantial and procedural aspects of due process
18 
shall be observed.
19 
Sec. 57. Rescue of Seafarers On-Board Domestic Ships. - The provisions
20 
under this Act on repatriation as may be applicable, shall also apply to seafarer
21 
working on domestic ships. Seafarers on board domestic ships shall be entitled to
22 
emergencies rescues in cases of war, epidemics, abandonment of ships by
23 
shipowners ,disasters or calamities, whether natural or man-made, and other similar
24 
events. The Philippine Coast Guard and MARINA shall undertake and assist in the
25 
rescue of seafarers on board domestic ships.
26 
Sec. 58. Contracting or Subcontracting of Services. - The contracting or
27 
subcontracting or seafarers for work onboard domestic ships shall be governed by
28 
existing rules and regulations by the DOLE.
29 
CHAPTER XV
30 
MANNING LEVELS AND COMPLIANCE AND ENFORCEMENT OF SHIPS
31 
OF PHILIPPINES REGISTRY
24


1 
Sec. 59. Manning Levels. - All ships of Philippine registry shall have the
2 
required minimum manning levels as prescribed by the Maritime Industry Authority
3 
(MARINA). They shall, at all times, be manned by a crew that is adequate in terms
4 
of size and qualifications taking into account the need to operate the vessel safely
5 
and efficiently.
6 
Sec. 60. Crew Competence. - Every member of the crew of a ship of
7 
Philippine registry shall possess, in addition to the required medical certificate, the
8 
appropriate certificate of competency issued by the relevant government agency/ies,
9 
setting forth his/her competence to serve in the capacity, and perform the functions
10 
involved at the level of responsibility, for the position held, for the type, tonnage,
11 
power, means of propulsion, and trading pattern of the ships concerned.
12 
The certificate of competency shall attest that the seafarer to whom it is
13 
issued meets the requirements for service, age, qualification, and examinations for
14 
the position held.
15 
Sec. 61. Compliance and Certification. - All ships of Philippine registry shall
16 
comply with the provisions of this Act. The shipowner and master shall ensure the
17 
compliance of the ship with this Act and its implementing rules and regulations, who
18 
shall be made principally liable for any violation thereof.
19 
For this purpose, a Maritime Labor Certificate or a Certificate of Compliance
20 
as applicable, shall be issued in accordance with the implementing rules and
21 
regulations of this Act.
22 
Sec. 62. Inspection and Enforcement -
23 
a) The Secretary of Labor and the appropriate Secretary-in-charge of
24 
migration-related matters, or his/her duly authorized representative, shall
25 
have the authority to inspect all ships of Philippine registry, domestic or
26 
ocean-going, to ensure compliance with labor standards and occupational
27 
safety and health as provided under this Act.
28 
The enforcement and compliance monitoring activities may be
29 
coordinated and conducted by the DOLE with the relevant government
30 
agencies, including MARINA and PCG, in conjunction with their schedules
31 
for inspection and certification.
25


1 
The Secretary of Labor or the appropriate Secretary-in-charge of
2 
migration-related matters, or his/her duly authorized representative shall
3 
have the power to order immediate correction of, and impose fines for,
4 
violations of the relevant provisions of this Act.
5 
If the violation or deficiency constitutes a serious of the requirement of
6 
this Act and its implementing rules and regulations or poses an imminent
7 
danger to the ships, and/or to the life or limbs of the seafarer, the
8 
Secretary of Labor or the appropriate Secretary-in-charge of migration-
9 
related matters, or his/her duly authorized representative shall coordinate
10 
with the PCG to order the detention of the ship immediately until the
11 
violation or deficiency is corrected or until a plan of action to rectify the
12 
non-conformities is shown to be implemented in an expeditious manner.
13 
b) The Philippine Coast Guard (PCG) shall have the authority to conduct port
14 
state control inspections of vessels, including all foreign-flagged vessels,
15 
calling at any port of the Philippines, for the promotion of safety of life and
16 
property at sea, control and 
prevention of maritime pollution, and
17 
verification of compliance with 
the minimum standards of training and
18 
social condition of officers and crew on board the ships. The PCG shall
19 
assist relevant agencies in the enforcement of the provisions of this Act
20 
and its implementing rules and regulations, and the MLC, 2006.
21 
The conduct of port state controls shall be in accordance with
22 
intentional conventions and instruments ratified or to be ratified in the
23 
future.
24 
The PCG Commandant or his/her duly authorized representative shall
25 
have the power to order immediate correction of, and impose fines for,
26 
violations of the relevant provisions of this Act.
27 
The PCG shall prohibit a ship from leaving the port upon the order of
28 
Secretary of Labor or the appropriate Secretary-in-Charge of migration-
29 
related matters, or in case of finding of non-compliance with the
30 
provisions of this Act and the MLC, 2006 and/or its amendments and
31 
conditions on board are clearly hazardous to the safety, health or security
32 
of seafarers. In all cases, the prohibition to leave the port shall be in place
26


1 
until the same shall be in piace untii the same have been rectified or until
2 
a plan of action to rectify the non-conformities is shown to be
3 
implemented in an expeditious manner, and cleared by the Secretary of
4 
Labor or the appropriate Secretary-in-charge of migration-related matters.
5 
Sec. 63. Recognized Organizations. - Recognized organizations may be
6 
authorized by the Secretary of Labor to conduct inspection and issue certification in
7 
accordance with the provisions of this Act and its impiementing rules and
8 
regulations.
9 
A recognized organization shall 
have the necessary knowledge of the
10 
requirements of this Act and its implementing rules and regulations, the MLC, 2006
11 
and other relevant international treaties or conventions.
12 
A recognized organization shall 
also have the necessary and qualified
13 
professional, technical and support expertise to carry out the conduct of inspection
14 
and issuance of certification.
15 
CHAPTER XVI
16 
SHIPBOARD TRAINING OF CADETS
17 
Sec. 64. Applicability. - The provisions of Sections 5 to 17 (Seafarer's Rights),
18 
Sections 18 to 19 (Women in the 
Maritime Industry), Section 22 (Medical
19 
Certificate), Sections 35 to 39 (Accommodation, Recreation Facilities, Food and
20 
Catering in Ships), Section 40 (Medical Care On Board Ships and Ashore), Sections
21 
45 to 47 (Settlement of Disputes), Sections 48 to 50 (Repatriation) shall apply with
22 
respect to the training of cadets.
23 
Sec. 65. Shipboard Training Agreement for Cadets. - There shall be a written
24 
agreement between the shipowner, the cadet and the maritime institution or school
25 
which shall embody the following information, terms and conditions:
26 
a) Cadet's full name, date of birth, birthplace and age, which should be at
27 
least sixteen (16) years old;
28 
b) Name and address of the maritime institution and school;
29 
c) Name and address of the shipowner and its manning and placement
30 
agency, if applicable;
31 
d) Place and date when the agreement is entered into;
32 
e) Capacity in which the cadet is to be trained;
27


1 
f) The amount of the cadet's allowance or stipend, if applicable;
2 
g) Required number of hours of training and rest which shall not be less than
3 
the prescribed hours of rest in Section 26 of this Act;
4 
h) Duties and responsibilities of the sponsoring company, Maritime Higher
5 
Education Institutions (MHEIs), and cadets, as may be provided 
under the
6 
Standard Cadet Training 
Agreement on Ships Engaged 
in International
7 
Voyage; and
8 
i) Other benefits in accordance with existing laws, company policy or
9 
agreements.
10 
In no case shall cadets perform activities outside of the scope of the cadet
11 
shipboard training program.
12 
The foregoing agreement shall be in a language familiar to and understood by
13 
all parties on in English, executed in four (4) original copies before the
14 
commencement of the shipboard training. The shipowner, cadet and the maritime
15 
institution/school shall each have a signed original of the agreement and an
16 
electronic copy therefor shall be submitted to the DOLE, through the Bureau of
17 
Working Conditions (BWC). A signed original copy shall be also made available on
18 
board the ship.
19 
Sec. 66. No discrimination of Women for Shipboard Training. - Women cadets
20 
shall be accorded equal access to training and shall not be discriminated against for
21 
shipboard training.
22 
CHAPTER XVII
23 
INCENTIVES AND AWARDS GRANTED TO THE MARITIME INDUSTRY
24 
Sec. 67. Incentives and Awards. - There shall be established an incentives
25 
and awards system for the maritime industry stakeholders which shall be developed
26 
and administered by the concerned government agency in consultation with the
27 
Maritime Industry Tripartite Council (MITC).
28 
Under such rules and regulations that may be promulgated, deserving
29 
shipowners, seafarers, manning and other organizations or entities shall be
30 
commended or awarded for their outstanding performance in upholding the rights of
31 
seafarers and complying with this Act.
32 
CHAPTER XVII
28


1 
ROLE OF GOVERNMENT AGENCIES
2 
Sec. 68. Rote of Government Agencies. - The following government agencies
3 
shall perform the following functions to promote the welfare and protect the rights
4 
of Filipino seafarers:
5 
a) Commission on Higher Education (CHED). - The CHED shall set the
6 
standards and monitor the performance of maritime education programs
7 
and maritime higher education institutions, ensuring that quality maritime
8 
education, including curricula and training programs, are structures and
9 
delivered in accordance with written programs, methods, and media of
10 
delivery, procedures, and course materials compliant with international
11 
standards prescribed under the STCW Convention and its amendments.
12 
For this purpose, CHED shall be in close coordination with the MARINA.
13 
b) Department of Labor and Employment (DOLE). - The DOLE shall ensure
14 
that the standards set forth under this Act, Presidential Decree No. 442, as
15 
amended, and other domestic laws, the MLC, 2006 and other international
16 
treaties and conventions to which the Philippines is a signatory are
17 
faithfully complied with and fairly applied to Filipino seafarers.
18 
To this end, the DOLE shall establish an effective system for the inspection
19 
and certification to ensure the working and living conditions of seafarers
20 
are met and continue to be met pursuant to the MLC, 2006.
21 
c) Department of Foreign Affairs (DFA). - DFA, through its consular offices or
22 
foreign service posts, in coordination with the appropriate government
23 
agency, shall take priority action or make representation with the foreign
24 
authority concerned to protect the rights of seafarers and extend
25 
immediate assistance.
26 
d) Department of Health (DOH). - The DOH shall regulate the activities and
27 
operations of all clinics which conduct physical, optical, dental,
28 
psychological and other similar examinations, hereinafter referred to as
29 
health examinations, on Filipino seafarers.
30 
The DOH shall determine and prescribe the nature of the medical
31 
examination that shall be required of a seafarer, ensuring that such
32 
examination will genuinely determine the seafarer's state of health.
29


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3
4
5
6
7
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30
31
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.
e) Department of Migrant Workers (DMW). - The DMW, including the 
Migrant Workers Office (MWO), shall be the primary agency tasked to 
protect the rights and promote the welfare of overseas Filipino seafarers, 
in accordance to its mandate under Republic Act No. 11641 or the 
"Department of Migrant Workers Act."
It shall also review and improve on the working conditions and terms of 
employment of the officers and crew of vessels of Philippine registry, and 
of such officers and crew members who are Filipino citizens and employed 
by foreign vessels.
DMW shall develop and implement a national reintegration program for 
seafarers, as prescribed under Chapter XIII, Section 52 of this Act.
DMW, through the National Maritime Polytechnic (NMP), shall strengthen 
its research capability to provide studies/resources for evidence-based 
policy decision-making and program development, and continuously 
address gaps in the protection and welfare of the seafarers.
The NMP shall also continue to develop, enhance, and increase the 
accessibility of its gender and women empowerment and training courses 
for seafarers to the maritime industry, which shall be made available in a 
format, including digital and/or e-learning format.
f) Overseas Workers Welfare Administration (OWWA). - The OWWA, 
through its welfare officer or, in his absence, the coordinating officer, shall 
provide the seafarers and his/her family all the assistance they may need 
in the enforcement of contractual obligations by agencies and/or by 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
30


1 
seafarers and their families of these programs and other related
2 
governmental programs.
3 
g) Maritime Industry Authority (MARINA). - The MARINA, shall ensure that
4 
the examination, licensing, and certification system for seafarers are in
5 
accordance with the requirements prescribed under STCW Convention,
6 
international agreements, other conventions relevant thereto, and other
7 
applicable laws, rules and regulations.
8 
h) Philippine Coast Guard (PCG). - The PCG shall undertake port state control
9 
inspections of vessels calling at any port of the Philippines, in accordance
10 
with international conventions and standards, for the promotion of safety
11 
of life and property at sea, control and prevention of maritime pollution,
12 
and verification of compliance with the minimum standards of training and
13 
social condition of officers and crew on board the ships.
14 
The PCG shall, in line with its function to assist in the enforcement of
15 
applicable laws within the maritime jurisdiction of the Philippines, shall
16 
assist the DOLE in the enforcement of the rules and regulations issued for
17 
the purpose of implementing the MLC 2006, including orders to detain
18 
vessels found in gross violation of pertinent laws, rules and regulations.
19 
Unless otherwise provided in this Act, the mandate, power and
20 
function of all existing departments, agencies or Instrumentalities of the
21 
government, including government-owned and controlled corporations,
22 
shall remain and continue to be recognized in accordance with the law or
23 
order creating them.
24 
Sec. 69. One Stop Shop Center for OFWs (OSSOC). - There shall be
25 
established In each region a One Stop Shop Center for OFWs, which shall be co-
26 
located in the regional offices of the DMW and shall have, as far as practicable,
27 
representatives from agencies that process the documents or issue the required
28 
licenses, permits and clearances required of seafarers.
29 
Sec. 70. Registry of Seafarers. - The DMW, for ocean-going ships of foreign
30 
registry, and MARINA, for domestic and ocean-going ships of Philippine registry,
31 
shall maintain a registry of all seafarers in the Philippines; Provided, that the registry
32 
of seafarers aboard ocean-going ships shall be integrated to the management
31


1 
information system established under the Migrant Workers and Overseas Filipinos
2 
Act, as amended. The registry shall contain updated and relevant information or
3 
data to promote employment opportunities for seafarers, whether on board or
4 
ashore, or to provide a list of available training and education to support skills and
5 
development and competencies of seafarers, as well as a digitalized copy of the duly
6 
executed contract.
7 
DMW and MARINA shall ensure compliance with Republic Act No. 10173,
8 
otherwise known as the "Data Privacy Act of 2012," and its implementing rules and
9 
regulations in handling the relevant information or data of seafarers in their
10 
respective registries.
11 
Sec. 71. Maritime Occupational Safety and Heaith Standards. - The DOLE,
12 
In consultation with the maritime industry stakeholders, shall formulate the Maritime
13 
Occupational Safety and Health Standards (MOSHS) pursuant to the provisions of
14 
Republic Act No. 11058, otherwise known as the "Occupational Safety and Health
15 
Law" and pertinent maritime conventions and treaties ratified by the Philippines.
16 
Sec. 72. Administrative Fines and Penaities. - Any shipowner, master,
17 
their representatives or other person who fails or refuses to present employment
18 
records, such as payrolls, daily time records, payslip or other documents, such as
19 
medical records, when required by the Individual seafarer, the Secretary of Labor or
20 
his duly authorized representative, or the duly authorized representative of a
21 
recognized organization, shall be subjected to administrative fines ranging from One
22 
hundred thousand pesos (Phpl00,000.00) to One million pesos (Phpl,000,000.00), in
23 
accordance with the implementing rules and regulations of this Act.
24 
Sec. 73. Penaities for Violations of Section 68. - Any shipowner, master, their
25 
representatives who operate without, or fails to present, a valid Maritime Labor
26 
Certificate, or its equivalent, shall be punished with fines ranging from One hundred
27 
thousand pesos (Phpl00,000.00) to One million pesos (Phpl,000,000.00), in
28 
accordance with the implementing rules and regulations of this Act.
29 
Sec. 74. Penaities for Violations of Sections 69 and 70. - Any person who,
30 
without proper authorization, exercises the authority granted to the Secretary of
31 
Labor and Employment under Sections 69 and 70 of this Act shall be punished with a
32 
fine of not less than Two hundred thousand pesos (Php200,000.00) but not more
32


1 
than Two million pesos (Php2,000,000.00), or imprisonment of not less than one (1)
2 
year nor more than four (4) years, or both at the discretion of the court. The
3 
foregoing offense shall prescribe after five (5) years from its commission.
4 
Sec. 75. Transitory Provision. - All rights, privileges and benefits previously
5 
enjoyed by Filipino seafarers before the effectivity of this Act, including those set
6 
forth in Presidential Decree No. 442, othenA/ise known as the Labor Code of the
7 
Philippines, as amended, and Republic Act No. 8042, otherwise known as the
8 
"Migrant Workers and Overseas Filipinos Act of 1995", as amended, shall continue to
9 
be recognized and shall not be diminished after the effectivity of this Act.
10 
Sec. 76. Impiementing Rules and Regulations. - Within ninety (90) days from
11 
the effectivity of this Act, the DOLE, In coordination with the DMW, DFA, MARINA,
12 
CHED, TESDA, PCG, OWWA, and other concerned agencies, and upon consultation
13 
with relevant stakeholders, shall formulate the rules and regulations for the effective
14 
implementation of this Act.
15 
Sec. 77. Separability Clause. - If, for any reason, any section, clause or term
16 
of this Act is held to be illegal, invalid, or unconstitutional, such parts not affected by
17 
such declaration shall remain in full force and effect.
18 
Sec. 78. Repeating Clause. - All laws, presidential decrees, issuances,
19 
executive orders, letters of instructions, rules and regulations inconsistent with the
20 
provisions of the Act are hereby repealed or modified accordingly.
21 
Sec. 79. Effectivity. This Act shall take effect fifteen (15) days after its
22 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,
33