MAGNA CARTA FOR FILIPINO SEAFARERS
INTRODUCTION
One of the most expected outputs of the Filipino Seafarers National Convention (FSNC) is to draft a Magna Carta for Filipino Seafarers to consolidate the seemingly disordered laws relevant to seafarers as well as to enhance the rights, benefits and privileges accorded to Filipino seafarers.
In view of that objective, a drafting sub-committee was established from among the members of the National Organization Committee whose primary function is to draft a Magna Carta. It is composed of 18 government and non-government organizations, which were broken down into three working groups.
Working Group I discuss the topic on excellence and competitiveness of Filipino seafarers, Working Group II discuss their rights and protection, while working Group III discuss their empowerment. There were four meetings held by the drafting sub-committee, separate from the Working Groups I and II, which had one (1) meeting each. In the process of drafting the Magna Carta, several references were considered. Foremost of these are twenty (20) pending legislative measures relevant to overseas employment.
Bills filed in the 11th Congress relevant to Filipino seafarers were also considered. Provisions deemed beneficial to seafarers were lifted and incorporated in the draft.
Some of these bills are new proposals while others are proposing to amend existing laws, rules and regulations. Several provisions from existing laws which are considered important and relevant were also considered important and relevant were also considered. These laws include the Labor Code of the Philippines, Migrant workers and other Overseas Filipinos Act of 1995 or Republic Act 8042, Standard Employment Contract of the POEA, International Convention on the STCW?78, as amended, thirty-six (36) International Labor Organization Conventions relevant to the concerns and well-being of Filipino seafarers, four of which ratified by the Philippines, and the different laws creating and re-structuring the different government agencies relevant to Filipino seafarers.
The Revised Rules of Court was considered in relation to jurisdiction and venue of illegal recruitment cases and money claims. Reference were also made to laws creating the government agencies enumerated in the Magna Carta for the purpose of enhancing their mandate and functions to provide better service and protection to seafarers. There were six (6) regional and satellite conventions prior to the FSNC, to state, Hamburg, Rotterdam, Philadelphia, Cebu, Davao and Kaohsiung. Inputs, comments from these consultations were considered in the drafting of the Magna Carta. While a draft Magna Carta has been prepared for this Convention, this remains to be a working draft. As such, this draft shall be forwarded to appropriate authorities in the Executive Branch of the Government and the Philippine Congress in order that the same may be considered in the light of efforts to legislate a Magna Carta for Filipino Seafarers. As a working draft, the same is expected to undergo further review and study for purposes of coming up with a law that is relevant and responsive to the needs of the Filipino Seafarers. With this submission comes the recommendation that a technical Working Group be convened by the appropriate committees of the Philippine Congress from among the delegates to the convention, other stakeholders, and government representatives. This document contains the draft Magna Carta for Filipino Seafarers and annotation bearing the rationale and references for the proposed provision.
I – AN ACT INSTITUTING THE MAGNA CARTA FOR FILIPINO SEAFARERS
Section I. Title
This Act shall be known as the Magna Carta for Filipino Seafarers. I. General Provisions
Section 2. Declaration of Policies:
a. It is the policy of the State to afford full protection to Filipino seafarers and families promote their interest, and safeguard their welfare;
b. The State shall promote and improve the social and economic status of Filipino Seafarers, their living and working conditions, their terms of employment and career prospects, and provide opportunities for seafarers to fully harness their fullest potentials;
c. The State recognizes the right of seafarers to quality education and training at reasonable and affordable cost/rates to prepare them for new and emerging challenges in the practice of their profession/skills;
d. The State recognizes the interest of Filipino seafarers and their families, the role of parents in promoting the interest and well-being of their children and their families, and the urgent need to improve and realign compensation and benefits for seafarers in order to keep them at par with prevailing international standards; e. The State recognizes the role of the private sector, including the civil society, non-government organizations, and maritime industry in assisting seafarers in their pursuit of quality education training by granting scholarships, subsidies, loan assistance and other measures which harness the skills of Filipino seafarers toward greater competitiveness to new demands in the industry; f. The State recognizes the role of manning and crewing agencies as partners in national economic development; g. The State recognizes the contribution and unique role of women seafarers, as well as their vulnerabilities, and shall apply gender responsive criteria in the formulation and implementation of policies and program regarding seafarers; and h. The State recognizes the right of the Filipino seafarers to participate in all decision-making processes that would affect their lives, including representation in the governing board or appointment as officer in government agencies relevant to seafarers.
Section 3. Definition
For the purpose of this Act:
i. “Seafarers” shall refer to any person who fulfills the conditions to be employed or engaged as part of the crew or complement of the ship navigating the domestic and international waters than a government ship used for military or commercial purposes. This term includes seafarers serving on maritime mobile offshore units, fishing vessels, and cruise ship personnel who perform functions similar to those constituting a crew complement.
j. “Overseas Seafarers” shall refer to seafarer on board ship or vessel, including those flying the Philippine flag or of Philippine registry, plying international waters or waters outside Philippine Territory.
k. “Domestic Seafarers” shall refer to seafarers on board ship or vessel plying inter-island water or waters within Philippine territory
l. “Maritime Industry” shall mean all enterprises engaged in the business of managing and/or operating shipping lines, management of ports, stevedoring arrester, customs brokerage and cargo surveys; of ship brokering/chartering/ of designing, constructing, manufacturing, acquiring, operating, supplying, repairing and/or maintaining vessels, or component parts thereof; of shipyards and dry-docks; of providing maritime services such as ship supplies, ship manning and training, maritime consultancy, ship repairs, machine shops, shipping agencies, freight forwarding and similar enterprises. m. “Philippine Shipping Companies” shall refer to entities registered and licensed under the laws of the Philippines to engaged in the business of overseas and/of domestic water transportation.
n. “Manning or Crewing Agencies” means any person, company, institution, agency or other organization in the public or private sector, which is engaged in recruiting seafarers in behalf of the employers or placing seafarers with employers.
o. “Recruitment and Placement” shall refer to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and include referrals, contact services, promising or advertising employment, locally or abroad, whether for profit or not: Provided, that any person or entity, which is any manner, offers or promises employment for a fee to two (2) or more persons shall be deemed engaged in recruitment and placement.
p. “Informal blacklisting” refers to the unlawful practice of recruitment and placement services agencies, or companies to directly or indirectly prevent or deter seafarers, without valid cause from gaining productive employment, whether the job applicant is for employment or re-employment. q. “STCW ‘78” shall refer to the International Convention on Standards of Training, Certification and watch keeping for Seafarers of 1978, as amended.
r. “ILO” shall refer to the International Labour Organization.
s. “IMO” shall refer to the International Maritime Organization. t. “DOLE” shall refer to the Department of Labor and Employment.
u. “DFA” shall be refer to Department of Foreign Affairs.
v. CHED” shall refer to the commission on Higher Education. w. “POEA” shall refer to the Philippine Overseas employment Authority. x. “OWWA” shall refer to the Overseas Workers Welfare Administration. y. “TESDA” shall refer to the Technical Education and Skills Development Authority. z. “MARINA” shall refer to the Maritime Industry Authority. {. “PRC” shall mean Professional Regulation Commission. |. “MTC” Shall mean Maritime Training Council.
}. “PCG” shall mean Philippine Coast Guard.
~. “NSO” Shall mean National Statistics Office.
Section 4. Filipino Seafarers’ Rights
Filipino seafarers, whether plying the domestic and international waters, shall have the following rights:
. All Filipino seafarers, whether regular or irregular, are to be fully protected and cared for by the State: . They have the right to quality education and training at reasonable and affordable costs/rates to prepare them for new and emerging challenges in the practice of their profession/skills. In view of that right, it shall be the responsibility of the manning or crewing agencies to provide seafarers with adequate and relevant information and make them understand their rights, benefits, obligations, conditions and realities attending to their profession, and laws and regulations of countries covered by their sojourn. . They have the right to be informed by the manning or crewing agencies, and other agencies responsible for their recruitment and employment of the details of their contract of employment, the computation and manner by which their salaries are remitted to their allottees, and the specific privileges and benefits available to them in their contract of employment as well as those provided to them by law. . They have the right to the standard salary compensatory to their rank, hours of work and other relevant basis for wage computation, minimum number of working hours, rest day, vacation pay, and “ end of contract “ pay in accordance with the agreement of the parties concerned and with existing domestic and international law: .
Every Filipino seafarer has the right to quality time for him and his family. Requirements on training and upgrading as mandated by the manning and crewing agencies for employment, reemployment or promotion purposes shall take into due consideration the seafarers’ right to spend quality time with his family; . They have the right to participate in the democratic decision making process of the State and to be represented in relevant government institution related to training and employment, which include CHED, TESDA, PRC, POEA, OWWA, MARINA, among others. . Victims of illegal recruitment, illegal dismissal or suspension and other forms of violation of contracts shall have the right to free legal assistance and protection. Courts, administrative agencies, and other tribunals should ensure a speedy and impartial disposition of their cases. . Every seafarer accused of committing any offense or violating any provision of his or her contract has a right to due process of law, an impartial tribunal and administrative body, and an expeditious payment of damages and liability in cases where the judgment is favorable to the seafarer.
II. SEAFARERS? ONE-STOP CENTER
Section 5. One-Stop Center
The Philippine Government shall create a one-stop center, under the supervision of the DOLE, where relevant government catering to the interests and concerns of Filipino seafarers shall be represented to efficiently respond to the needs of the Filipino seafarers, facilitate and expedite the process of documentary requirements, rationalize fees required by the government for training, examination and certification, conduct responsive and comprehensive pre-departure orientation services, and perform other functions necessary in addressing the concerns of the Filipino seafarers. In the exigencies of the and where physical representation of a government agency in the subject center may not be necessary, the service of this agencies should nonetheless be made available through selective means or other alternative mechanism that maybe put on site.
The one-stop center shall adopt and utilize appropriate mechanisms,
facilities, and equipment and information technology to enable and allow it to respond to the magnitude of Filipino seafarers? Concerns and demands.
An administrator, with experience in the maritime industry, shall be designated by the Secretary of DOLE to oversee the operations of the Center and ensure an efficient and quality service for the seafarer and their families.
Section 6. Representatives of Relevant Government Agencies The following government agencies shall send their officers or personnel to facilitate and expedite the process of applying for and securing documentary requirements, and to attend to the welfare and needs of Filipino seafarers.
a. Department of Labor and Employment (DOLE)
b. Philippine Overseas Employment Authority (POEA)
c. Overseas Workers Welfare Administration (OWWA)
d. Commission on Higher Education (CHED)
e. Professional Regulation Commission (PRC)
f. Technical Education and Skills Development Authority (TESDA) g. Maritime Industry Authority (MARINA)
h. National Telecommunications Office (NTC)
i. Maritime Training Council (MTC)
j. Department of Foreign Affairs (DFA)
k. National Bureau of Investigation (NBI)
l. Social Security System (SSS)
m. Pag-ibig Fund
n. Philippine Coast Guard (PCG)
o. National Statistics Office (NSO)
p. Such other government agencies that the Secretary of Dole may deem necessary.
Section 7. Rationalizing Government Systems and Procedures
The government agencies enumerated in Section 6 of this Act shall, within three (3) months from the effectivity of this Act, in consultation with seafarers? organizations, recruitment agency associations, and non-government organizations concerned, rationalize and streamline policies, rules, and procedures governing the documentation, licensing, certification, recruitment, hiring and deployment of seafarers. Said agencies, through the one-stop center, shall enforce such streamlined policies with the view of cutting the time required for the processing of papers, simplifying licensing and certification procedures, and facilitating the extension of welfare and support services to seafarers.
These efforts shall focus on, among others:
q. The simplification of systems and procedures and reduction of paper requirements to Facilitate the processing of papers of seafarers and private manning or crewing agencies; r. The immediate implementation of the full disclosure policy; s. The formulation and implementation of a system of registration of seafarers, registration, accreditation, and licensing of private manning or crewing agencies, and all other related regulatory function to ensure adequate protection to Filipino seafarers; t. The elimination of unnecessary and duplicative requirements that go beyond the requirements as defined in the STCW ?78, as amended. u. The formulation of a regulated employment standard setting by prescribing minimum provisions of the employment contract, in conformity with labor standard under Philippine laws and regulations; v. The formulation of a regulated placement fee policy;
w. The formulation of rules that ensure speedy disposition of illegal recruitment cases; and x. Development and implementation of an effective information program, in coordination with manning or crewing agencies for the purpose of informing the seafarers of their rights, obligations, benefits, and option attending to specific situations that they may face in the course of their employment.
III. ON EDUCATION AND TRAINING
Section 8. Nature of Education and Training for Seafarers
The government’s policy and program education and training of Filipino seafarers shall have the following minimum features:
a. the CHED, in coordination with Maritime Training Council, maritime schools and training institutions, shall be responsible for the continuous and comprehensive review of the system of education, training, certification and recruitment of the seafarers. They should institute a maritime curriculum where skills development and on-the-job Training comprises sixty percent (60%) of the course subjects while forty percent (40%) shall comprise classroom discussions;
b. The CHED shall ensure that the curricula is in consonance with the demands of global maritime industry as well as with the requirements of STCW ?78, as amended;
c. The CHED shall ensure that the curricula, training, examination and certification shall be common to all maritime schools and training institutions, as well as the requirement of the manning or crewing agencies and regulatory commission. It shall further formulate a specific criteria and standards for hotel crew seafarers on board cruise or luxury ships;
d. The TESDA shall be responsible for initiating and implementing continuing and life-long development programs for Filipino seafarers; and e. Other than the government-mandated curricula of education and training for Filipino seafarers, the education and training for seafarers shall include the following:
1.Information Technology and technological innovations used in advanced modern ships;
2.Advanced English proficiency, particularly maritime English, and major languages such as Spanish, French and Japanese, among others;
3.Geography;
4.International Law, basic/general maritime laws and regulations of other countries relevant to the seafaring industry and the rights of seafarers; 5.Rules and policies regarding Flags of Convenience.
6.Rights and privileges of seafarers and their families including livelihood for seafarers and their families, skills training and re-training, and financial management and entrepreneurship;
7.Confidence-building measures, including workshops and in-service training on career orientation, work ethics, anger management ,interpersonal relationships, and multi-cultural sensitivity;
8.Mechanical or vocational courses, which includes basic plumbing and electronic among others; and
9.Safety measures including first
aid.
Section 9. Filipino Seafarers? Research and Resource Center
The CHED shall coordinate to the University of the Philippines School of Labor and Industrial Relations (UP SOLAIR) for the establishment of an interdisciplinary research and resource center of Filipino seafarers and Maritime affairs. The Center shall primarily conduct studies and researches which shall enhance the well-being and interests of Filipino seafarers and their competitiveness in the global maritime market. Further, the center shall recommend policies, programs and measures that can enhance existing programs and mechanisms of the government in addressing the well-being and the interest of the Filipino seafarers.
Section 10. Philippine Merchant Marine Academy
The Philippine Merchant Marine Academy shall offer an enhanced nautical curriculum leading to degrees of Bachelor of Science in Marine Transportation, major in navigation and seamanship, Bachelor of Science in Marine Transportation, major in steam and electrical engineering.
It shall have the following functions:
f. Produce efficient and well-trained merchant marine officers who shall be equipped with knowledge and skills at par with their counterpart marine officers of progressive maritime countries to allow them to respond to the
requirements of expanding international trade in times of peace, and enable them to serve as a naval and military auxiliary in times of war and national emergency. g. Produce other seafarers who are trained of the merchant marine service, such as marine surveyors, port supervisors, shipping office personnel, shipping management and others; and h. Produced well-trained officers who will augment and support the needs of the Philippine Navy and the Philippine Coast Guard.
IV. DOCUMENTATION, LICENSURE, AND EXAMINATIONS
Section 11. Seaman’s Identification and Record Book
The Seamen’s Service Record Book, issued by MARINA, shall serve as one of the primary identification and documentation of Filipino seafarers, apart from their Philippine passports. For this purpose, MARINA shall adopt procedures and mechanisms that shall rationalize and streamline the processing and acquisition of the said book.
Section 12. On Licensure and Examination
The PRC shall be the lead agency in giving licensure examination to seafarers in the officer level, while TESDA shall be the lead agency in giving licensure examinations to seafarers in the ratings level. They shall undertake a systematic program implementing government policies pertinent to the licensing of the specific categories of seafarers with the view to professionalizing their ranks and ensuring complaints with the pertinent standards and qualifications. In the formulation and implementations of guidelines, rules and regulations toward achieving this end, the PRC and TESDA shall ensure the rationalization and streamlining of licensure and examination requirements and guidelines to enable Filipino seafarers to respond to the urgent calls of employment and requirement of their job.
Government agencies in charge with issuance of certification and licenses to seafarers shall not require as a pre-condition for the grant of such certification or license, training or examination other than what is required by the STCW ?78, as amended.
V. RECRUITMENT AND PLACEMENT
Section 13. Recruitment and Placement Policies
All manning or crewing agencies engaged in private recruitment and placement services shall observe the following policies: a. No fees or other fees for recruitment or for providing employment to seafarers are borne directly or indirectly, whole or in part, by the seafarers; for this purpose, costs of the national statutory medical examination and certificates, personal travel documents, and the Seaman’s Book shall not be deemed to be ?
Fees or other charges for recruitment?; b. Filipino Seafarers? well-being and rights shall be the primary consideration in the recruitment and placement of seafarers; c. Filipino seafarers should not be recruited, placed and deployed for jobs that are inimical to their best interests; d. Due regard to the right to privacy and the need to protect confidentiality shall be accorded in determining conditions under which seafarers? personal data must be processed by manning or crewing agencies including the collection, storage, combination and communication of such data to third parties; and e. Filipino seafarers shall not be discriminated upon by manning or crewing agencies in the application of their recruitment and placement services.
Section 14. Duties of Manning and Crewing Agencies
It shall be incumbent upon manning or crewing agencies to ensure that:
f. Any seafarer recruited or placed by them are qualified and is in possession of the documents necessary for the job concerned;
g. Contracts of employment and articles of agreement are in accordance with the standard terms and condition governing the employment of the Filipino seafarers? on-board ocean-going vessels as prescribed by the concerned agency as provided for under all relevant laws, rules and regulations.
h. Seafarers are informed of their rights and duties under their contracts of the employment and the articles of agreement prior to and in the process of engagement;
i. Proper arrangements and opportunities are given for seafarers to examine their contracts of employment and the articles of agreement before and after they are signed and for them to receive a copy of the duly-signed contract of employment.
j. Adequate information about the conditions attending to the situations on-board the vessel and overseas, as well as local and international laws and regulations which apply to the Filipino seafarers in the course of their employment or sojourn shall be provided the seafarers;
k. Measures which guarantee that the employer has the means to protect seafarers from being stranded in a foreign port shall be adopted and implemented;
and l. A registry of all seafarers recruited or placed through them and ensures that the same is available for inspection by the competent national authority shall be maintained.
Section 15. Qualifications
To be considered eligible for overseas employment, a seafarer must: m.Be a Filipino Citizen;
n.Be at least eighteen (18) years old;
o.Be of good moral character;
p.Meet the standards of medical fitness, particularly good eyesight and hearing as certified by a government accredited medical institution conducting physical and medical examination for seafarers; and q.Holds a valid Seaman’s Identification and Record Book.
VI. ILLEGAL RECRUITMENT AND OTHER ILLEGAL ACTS
Section 16. Illegal Recruitment
For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring seafarers and includes referring, contract servicing, promising, or advertising of employment for abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority contemplated under article 13 (f) of President Decree No. 422, as amended, otherwise known as the Labor Code of the Philippines: provided, that any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed engaged shall likewise include the following acts, whether committed by any person, whether a non-licensee, non-holder, licensee or holder authority:
a. To charge or accept directly or indirectly any amount greater than that specified in the schedule of allowable fees prescribed by the POEA, or to make seafarer pay any amount greater than that actually received by him as a loan or advance;
b. To furnish or publish any false notice or information or document in relation to recruitment or employment;
c. To give any false notice , testimony, information or document in relation to recruitment or employment;
d. To induce or attempt to induce a seafarer, already employed, to quit his employment in order to offer him another, unless the transfer is designed to liberate seafarer from oppressive terms and conditions of employment;
e. To influence or attempt to influence any person or entity not to employ any employee who has not applied for employment through his agency;
f. To engage in the recruitment or placement of seafarers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines;
g. To obstruct or attempt to obstruct inspection by the Secretary of DOLE or by his duly authorized representatives; h. To fail to submit reports on the status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, departures and such other matters or information as may be required by the POE;
i. To substitute or alter to the prejudice of the seafarer, employment contracts approved or verified by the POEA from the time of actual signing thereof by the parties up to and including the period of expiration of the same without the approval of the Administration;
j. For an officer or agent of a manning or crewing agency to become an officer member of the Board of any corporation engaged in a travel agency or to be engaged directly or indirectly in a management of a travel agency;
k. To withhold or deny travel documents from applicant seafarers before departure for monetary or financial considerations other than those authorized under the Labor Code and its implementing rules and regulations;
l. Failure to actually deploy without valid reasons as determined by POEA; and m. Failure to reimburse expenses incurred by the seafarer in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the seafarers fault.
Illegal recruitment when committed by a syndicate or in a large scale shall be considered an offense involving economic sabotage.
Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3)members or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons individually or as a group. Illegal recruitment is also deemed committed in a large scale if the financial or material consideration involved amounts to more than one hundred thousand pesos (P 100,000), regardless of the number of persons involved.
The persons criminally liable for the above offenses are the principals, accomplice and accessories. In case of juridical persons, the officers having control, management or direction of their business shall be liable.
Section 17. Penalties
n. Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years and a fine of not less than two hundred thousand pesos (P 200,000) nor not more than five hundred thousand pesos (P 500,000). o. The penalty of life imprisonment and a fine of not less than five hundred thousand pesos(P 500,000) nor more than one million pesos (P 1,000,00) shall be imposed if illegal recruitment constitutes economic sabotage as defined in the preceding article.
Provided, however, that the maximum penalty shall be imposed if the person illegally recruited is less than eighteen (18) years of age or that the act of illegal recruitment is committed by a non-licensee or non-holder of authority.
Section 18. Prohibition on Officials and Employees
It shall be unlawful for any official employee of the DOLE agency concerned, or other government agencies involved in the implementation of this Act, or their relatives within the fourth civil degree of consanguinity or affinity, to engage, directly or indirectly in the business of recruiting overseas seafarers as defined in this Act. The penalties provided in the immediate preceding paragraph shall be imposed upon them. Section 19. Venue.
A criminal action arising from illegal recruitment as defined herein shall be filed with the Regional Trial Court of the province or city where the offense was committed or where the offended party actually resides at the time of commission of the offense. Section 20. Mandatory Period for Investigation of Illegal Recruitment Cases
The preliminary investigation of cases under this Act shall be terminated within a period of thirty (30) calendar days from the date of their filing. Where the preliminary investigation is conducted by a prosecution officer and a prima facie case is established, the corresponding information shall be filed in court within twenty-four (24) hours from the termination of the investigation. If the preliminary investigation is conducted by a judge and a prima facie case is found to exist, the corresponding information shall be filed by the proper prosecution officer within forty-eight (48) hours from the date of receipt of the record of the case. Section 21. Prescriptive Periods
Illegal recruitment cases under this Act shall prescribe in five (5) years; provided, however, that illegal recruitment cases involving economic sabotage as defined herein shall prescribed in twenty (20) years.
Section 22. Free Legal Assistance
Preferential Entitlement Under the Witness Protection
Program
– A mechanism for free legal assistance for victims of illegal recruitment shall be made available by pertinent agencies of the government. Such mechanism must include coordination and cooperation among the DOLE, Department of Justice, The Integrated Bar of the Philippines, and other non-government Organizations and volunteer groups.
The provisions of republic Act no. 6981 to the contrary notwithstanding, any person who is the a victim of illegal recruitment, or who is willing to be a witness in behalf of the government, shall be entitled to the Witness Protection Program provided there under.
Section 23. Travel Advisory/Information Dissemination
To give utmost priority to the establishment of programs and services to prevent illegal recruitment, fraud and exploitation or abuse of Filipino seafarers, the DOLE, through the appropriate agencies of the government and its partners from the private sector, shall issue travel advisories or disseminate information on employment and labor conditions, migration realties; information on the level of or non-adherence of particular countries or flag states to international standards on human and workers right with the view to adequately prepare seafarers into making informed and intelligent decisions about overseas employment. Such advisory or information shall be disseminated through print, broadcast, electronic and community-based channel, at least once a month.
Information dissemination shall be undertaken by the DOLE and its appropriate agencies as part of a public information campaign to address pre-employment concerns. This shall be undertaken by the DOLE, notwithstanding the information services which manning or crewing agencies are duty-bound to render to Filipino seafarers that they recruit, as provided for in Section 3 of this Act. VII. CONDITIONS OF EMPLOYMENT
Section 24. Employment Agreement
The employer shall provide for a written agreement, which shall be drawn up, with the seafarer concerning ship work. The agreement shall contain the following: a. The capacity in which the seafarer is to serve;
b. The arrangement made as to the place of discharge and notice to terminate the agreement; c. The wage agreed upon, its method of computation and manner of payment. In no case shall the parties agree to wages lower than the basic minimum wage prescribe by appropriate government agencies at the time of engagement; and d. The duration of the employment contract.
Section 25. Allotment and Remittances
It shall be mandatory to all seafarers to remit the portion of their earning to their families, dependents, and/or beneficiaries in accordance with rules and regulations prescribed by the Secretary of DOLE.
Section 26. Limitations on Wage Deductions
A deduction from the seafarer’s wages shall not be made without his written consent, unless the deduction is provided for in the contract of employment and is authorized by law.
Section 27. Rest Periods
Seafarers shall be allowed reasonable rest periods in accordance with international standards and the Labor Code. They shall be entitled to adequate time for rest and sleep. The period forest shall, during any 24-hour period, amount to not less than 10 hours. Section 28. Shore Leave
The Seafarer shall be allowed shore leave when practicable, upon the consent of the master of deputy, taking into consideration the operation and safety of the vessel and the seafarer.
Section 29. Short Manning and Save Wages
If the whole or part of the voyage is carried out with a smaller crew than what was previously appointed, or if the number of the active members of the crew is reduced prior to or during the voyage, the wages saved due to this circumstances shall be distributed proportionately among the members of the active crew who assumed additional work resulting there from.
Section 30. Personal Effects
A seafarer may bring a reasonable number of articles for personal use, provided this does not involve inconvenience to the ship or cargo or pose any health risk on board. If the seafarer’s personal effects are lost or damaged as a result of shipwreck, loss or stranding, abandonment of the vessel, or as a result of fire, flooding, collision or piracy, the employer shall reimburse for said loss or damage.
Seafarers shall be informed and regularly reminded by manning and crewing agencies of laws and regulations governing the possessions of items deemed restricted or prohibited by other countries as well as the reasonable regulations of the ship concerning personal effects.
Section 31. Prevention of Health Hazards and Safety
Work on board the vessel must be so organized and executed that the seafarers life, health and welfare well safeguarded. When a seafarer is assigned to work, due regard shall be paid to his qualifications undertake the work on a safe and sound basis. Provisions shall be made to ensure that the seafarer is informed of the hazards inherent in the work, and that he is given the proper guidance and adequate practice necessary to avoid such hazards.
Section 32. Sanitary Condition
Measures should be undertaken to control the hygiene, accommodation and cleanliness onboard. The master shall ensure the crew is provided a good and sufficient diet. He should also guarantee that the crew receives the necessary vaccination or inoculation as required by the circumstances or the laws of any country which has territorial jurisdiction over areas the vessel may enter.
Section 33. Consideration of Seaworthiness
If more than half of the crew makes a written complaint to the master regarding the seaworthiness of the ship for the forthcoming voyage, if the chief engineer of first mate makes a similar complaint regarding the part of the ship, appurtenances or equipment’s under their respective supervision, the ship master shall be bound to have the ship examined. If the ship master refuses to let the ship be examined despite valid complaint to do so, the crew may refuse to proceed the voyage.
Section 34. Medical Examination and Medical Service
Any member of the crew may be required to submit a medical examination, at the expense of the ship owner, should the master have reason to believe that such examination is necessary to monitor and maintain the health and environmental conditions on board the vessel.
Section 35. Cared of the Sick and Injured
If the seafarer is sick and injured, the master shall arrange for him to receive proper nursing care on board or ashore, including medical attention, medicines and maintenance.
The sick or injured seafarer shall continue to receive his wages during the time he is onboard the vessel. If the injury or illness requires medical and/or dental treatment in a foreign port, the employer shall be liable for the cost of such medical, dental, and surgical and hospital treatments well as board and lodging until the seafarer is declared fit to work or to be repatriated.
Section 36. Disability
In case of work-related total or partial disability of the seafarer during the term of his employment cause by either injury or illness, the seafarer shall be compensated in accordance with the schedule of the benefits prescribed by the law. Computation of his benefits arising from an illness or disease shall be governed by the rates and the rules of compensation applicable at the time the illness or disease was contracted.
No compensation shall be payable in respect in any injury, incapacity, disability or death of the seafarer resulting from his willful or criminal act, provided however, that the employer can prove that such injury, incapacity, disability or death is directly attributable to the seafarer.
When requested, the employer shall furnish the seafarer a copy of all pertinent medical reports or records at no cost to the seafarer.
Section 37. Employers Liability in Case of Death
When the seafarer dies as a result of injury or illness during the term of employment, the employer’s liabilities are as follows:
e. The employer shall pay the deceased’s beneficiary/is all outstanding obligations due the seafarer under his contract; f. The employer shall notify the next of kin and make arrangement for burial, return or repatriation of the remains. If the death occurs in a foreign territory, the master shall also inform the nearest Philippine Embassy or Foreign Service Office of said death.
The remains and personal effects of the seafarer shall be transported to the Philippines employers’ expense except if the death occurred in the port where local government laws or regulations do not permit the transport of such remains. In case death occurs at sea, the arrangements for the handling of the remains shall be drawn upend proposed by the shipmaster to the deceased next of kin.
In all cases, the employer and/or shipmaster, through the manning and crewing agency, shall communicate with the next of kin of the deceased and secure the next of kings concurrence as regards the proposed arrangements covering the handling of the seafarers remains; and g. The employer shall pay for the seafarers burial expenses.
Section 38. Compensation and Death benefits
In case of work related death of the seafarer during the terms of his contract, the employer shall pay his beneficiaries the corresponding death benefits.
The benefits shall be separate and distinct from and shall be in addition to whatever benefits the seafarer is entitled to under Philippine Laws and Regulations.
Section 39. Payment of Benefits
The employer shall have ensure expeditious arrangement for the payment of
death or personal injury benefits provided in this Title. The employer shall likewise arrange for adequate insurance coverage.
Prompt payment of the seafarers claim shall be ensured by the employer and all valid contractual claims shall be promptly paid in full. The employer or its insurers should not persuade
Seafarers to accept payments less than the amount of benefits they are entitled to. The seafarer or his family shall not be precluded from demanding for the full amount he is entitled to despite the execution of the waiver or quitclaim.
VIII. SOCIAL WELFARE SERVICES AND BENEFITS
Section 40. Welfare Services and Benefits
In order to sustain and expand the programs to promote the well-being of the Filipino seafarers, the DOLE, through its appropriate agencies, shall:
a. Look into and promote improvements in the working conditions and terms of employment of the officers and crew of vessels of Philippine registry, and of such officers and crewmembers who are Filipino Citizens and employed by foreign vessels;
b. Development an effective system of monitoring and gathering welfare concerns for purposes of determining future welfare programs, monitoring existing welfare activities addressing current welfare issues prioritize according to urgency;
c. Observe and conduct a comprehensive and updated system of pre-departure orientation seminars or briefings to departing seafarers and other maritime workers scheduled for deployment. It shall also undertake studies and distribute relevant materials for use inure-departure orientation seminars of maritime workers and other related activities;
d. Accredited, regulate and supervise pre-departure orientation seminars or briefings of authorized manning or crewing agencies;
e. Formulate and undertake programs and projects for the effective and efficient utilization of the seafarers? welfare fund;
f. Provide services to assist maritime workers and their immediate dependents and families; and g. Perform such other duties as may be essential in giving assistance to seafarers and their families.
Section 41. Seafarers? Loan Guarantee Fund
In order to further prevent unscrupulous illegal recruiters from taking advantage of workers seeking employment abroad, the OWWA, in coordination with government financial institutions, shall institute financing schemes that will expand the grant of pre-departure loan and family assistance loan to seafarers, in accordance with Section 21 of Republic Act 8042.
Section 42. Role of Government owned and Controlled Corporation
Privatized government and government owned and controlled corporation (GOCCs) are hereby required to reserve at least twenty percent (20%) of their initial public offering of shares for subscription to seafarers; provided, that if such shares are not subscribes by seafarers within thirty (30) days from date of formal offer, said shares may be offered to the public; Provided further, that the Board of Directors of privatized government and GOCCs may extend the period of subscription in their discretion; Provided, finally, the privatized government and GOCCs may formulate rules limiting the number of shares that may be subscribed by a seafarer.
Seafarers may subscribe to investments in privatized government and GOCCs or purchase units of participation from an ?Investment Fund? as created under Republic Act. No. 7111.
Section 43. Housing and Provident benefits
Seafarers shall be provided access to the government’s housing program through membership in an integrated nationwide savings system established specifically for housing purposes, the Home Development Mutual Fund (Pag-ibig Fund).
Section 44. Scholarship Programs
Qualified seafarers or their immediate descendants, who intend to pursue science and technology related courses may apply for scholarships with the OWWA or the Congressional Migrant Workers Scholarship Program which shall benefit deserving overseas seafarers and/or their immediate descendants below twenty-one (21) years of age who intend to pursue courses or training primarily in the field of science and technology.
The DOLE, in coordination with the CHED, shall establish a similar program for domestic seafarers within a period of three (3) years from the enactment of this Act.
Section 45. Care for Repatriated Seafarers
If after repatriation, the overseas seafarers still require medical attention arising from said injury or illness, he shall be so provided, at cost to the employer until such time he is declared fit and the degree of his disability has been established by the employer-designated physician.
For this purpose, the seafarer shall submit himself to a post-employment medical examination by a company-designated physician within three (3) working days upon his return except when he is physically incapacitated to do so, in which case, a written notice to the agency within the same period is deemed as compliance. Failure of the seafarer to comply with the mandatory reporting requirement shall result in his forfeiture of his right to claim the above benefits.
IX. GENDER SENSITIVITY PROGRAMME
Section 46. Gender Sensitivity
The Philippine government, through its relevant instrumentalities, shall ensure the application of relevant laws, rules and regulations, and programs to address gender-based issues that affect women seafarers. The DOLE, OWWA, DFA, POEA, Department of Social Welfare and Development and the National Commission on the Role of the Filipino Women shall promote and implement gender sensitivity training and programs aimed at addressing the ever-growing feminization of the Filipino labor migration.
To effectively address the particular needs of women seafarers, all government personnel involved in implementing this Act shall undergo gender sensitivity trainings and seminars. Tepee and the manning and crewing agencies responsible for their recruitment and employment shall ensure that all women seafarers prior to their departure are informed of gender issues related to overseas employment.
Section 47. Health and Safety of Women Seafarers
The employer shall ensure the safety and health of women seafarers by providing adequate facilities and medical services at all times while on board.
Section 48. Pregnancy
It shall be unlawful for any employer to require as a condition for a continuation of employment that a woman seafarer shall not get pregnant. A pregnant seafarer shall be entitled to be assigned to other suitable work or to apply for leave, when applicable.
Section 49. Sexual Harassment
It shall be the duty of the master and the employer to prevent or deter the commission of sexual harassment and to provide procedures for the prosecution, resolution or settlement of facts of sexual harassment. Work-related sexual harassment is committed by an employer, or any other person who, in a work environment demands, requests or otherwise requires any sexual favor from another, regardless of whether the demand, request or requirement is accepted by the said act.
X
.
DISCIPLINARY AND DISPUTE SETTLEMENT PROCEDURE
Section 50. Duties of the Employer / Master
The following shall constitute the duties of the employer/master: a. To faithfully comply with the stipulated terms and conditions of the employment contract, particularly the prompt payment of wages, remittance of allotment, and the expeditious settlement of valid claims of the seafarer; b. To make operational on board the vessel, the grievance machinery provided in this Act and ensure its free access at all times by the seafarer; and c. To ensure the protection and safety of seafarers at all times. Section 51. Duties of the Seafarers
The following shall constitute the duties of the seafarers:
d. The seafarer shall faithfully comply with and observe the terms and conditions of his contract, as well as relevant rules and regulations; e. The seafarer shall responsibly carry out his duties and responsibilities; f. To conduct himself in an orderly and respectful manner towards passengers, colleagues, shippers, stevedores, port authorities, and other persons on official business with the ship; and g. To observe the grievance procedure outlined in this Act.
Section 52. Disciplinary Procedures
The master shall furnish erring seafarers with a written notice containing the grounds for the charges. The date, time and place for a formal investigation of the charges against the seafarer concerned shall likewise be indicated in said notice. The master or his authorized representative shall conduct investigation or hearing, giving the seafarer the opportunity to explain or defend himself against the charges. An entry on the investigation shall be made in the ships logbook. If, after the investigation or hearing, the shipmaster is convinced that imposition of penalty is justified, the shipmaster shall issue a written notice of penalty and the reason therefore to the seafarer, with copies furnished to the manning and crewing agency, which deployed the said seafarer.
The aggrieved seafarer may appeal in writing within a period of five (5) days from the date the Master rendered decision to a Grievance Resolution Committee composed of one (1) representatives from the ratings to be chosen by the concerned seafarer, one (1) representative from the officer level to be chosen by the Master, and one (1) neutral party to be agreed on by the concerned seafarer and shipmaster. The Grievance Resolution Committee shall review the appeal within a period of not more than fifteen (15) days from the date of appeal. Execution of judgment is deemed suspended upon filing of the appeal.
Section 53. Grievance Machinery
If the seafarer considered himself aggrieved, he shall make his complaint in accordance with the following procedures:
h. The seafarer shall approach the head of the Department in which he is assigned to explain his grievance;
i. The seafarer shall state his grievance in writing and in an orderly manner, and shall choose a proper time when his complaint or grievance can be properly heard;
j. The Department Head shall seek to resolve the complaint or grievance and, where solution is not possible at his level refer the complaint or grievance to the Master;
k. If the seafarer is not satisfied with the decision of the Master, he may appeal to the Grievance Resolution Committee which shall be composed of the one (1) representative from the ratings to be chosen by the concerned seafarer , one (1) representative from the officer level to be chosen by the Master, and one (1) neutral party to be agreed on by the concerned seafarer and shipmaster;
l. The Grievance Resolution Committee shall seek to address and resolve the grievance within a period of fifteen (15) days upon receipt of written appeal;
m. If no satisfactory result is achieved, the seafarer concerned may appeal to the management of the company or with a Philippine Labor attach? or consular officer overseas. The Master shall afford such facilities necessary to enable the seaman to transmit his appeal;
and n. When availed of by the seafarer, the grievance procedure and all actions or decisions agreed upon shall properly documented for the protection and interest of both parties. Speedy resolution of cases shall be given utmost priority.
Section 54. Dispute Settlement
The procedure herein stated shall be without prejudice to the other action that maybe brought by the seafarer before the jurisdiction of the concerned regular courts and/or NLRC; or to the exclusive and original jurisdiction of the voluntary arbitrator or panel of arbitrators appointed from the accredited voluntary arbitrators of the National Conciliation and Mediation Board (NCMB) of DOLE. Section 55. Voluntary Arbitration
Pursuant to the constitutional mandate on the preferential use of voluntary modes of dispute settlement, the Dole shall adopt procedural guidelines in the conduct of voluntary arbitration proceedings involving the maritime sector, and promote the use of voluntary arbitration as amide to achieve speedy resolution of cases. Section 56. Money Claims
Notwithstanding any provision of law to contrary, the Labor Arbiters of the National Labor Relations Commission (NLRC) shall have the original and exclusive jurisdiction to hear and decide, within ninety (90) calendar days after filing of the complaint, the claims arising out of an
employer-employee relationship or by virtue of any law or contract involving Filipino seafarers including claims for actual, moral, exemplary and other forms of damages. The liability of the principal/employer and the manning or crewing agency for any and all claims under this section shall be joint and several. This provision shall be incorporated in the contract for overseas employment and shall be a condition precedent for its approval.
The performance bond to be filed by the manning and crewing agency, as provided by law, shall be answerable for all money claims or damages that may be awarded to the seafarers. If the manning or crewing agency is a juridical being, the corporate officers and directors and partners as the case may be, shall themselves be jointly and solitarily liable with the corporation or partnership for the aforesaid claims and damages.
Such liabilities should continue during the entire period of duration of the employment contract and shall not be affected by any substitution, amendment or modification made locally or in foreign country of the said contract. Any compromise/ amicable settlement or voluntary agreement on money claims inclusive of damages under this section shall be paid within four (4)months from the approval of the settlement by the appropriate authority.
In case of termination overseas employment without just, valid or authorized cause defined bylaw or contract, the seafarer shall be entitled to the full reimbursement of his placement fee with interest at twelve percent (12%) per annum, plus his salaries for the unexpired portion of his employment contract or for three (3) months for every year of the unexpired term, whichever is less. Section 57. Prescription
Recognizing the particular nature of overseas shipboard employment, all monetary claims arising from the seafarer’s contract shall prescribe within three (3) years from the date of the seafarer? Return to the point of hire. All monetary claims of those employed in domestic shipping shall prescribe within three (3) years from the day the action commenced.
XI. POST EMPLOYMENT
Section 58. Termination of Employment
The employment of the overseas seafarer shall cease when he: a. Completes his period of contractual service aboard the vessel, signs off from the vessel and arrives at the point of hire; b. Arrives at the point of hire for any of the following reasons: c. Voluntarily resigns for just cause and signs off prior to expiration of contract; and d. Is discharge for just cause.
Section 59. Termination by the Seafarer
The following shall constitute instances when the seafarer may elect to terminate employer-employee relationship: e. A seafarer may terminate the employer-employee relationship based on the following just causes. 1.The ship is not in a seaworthy condition;
2.The principal changes;
3.The vessel is sold;
4.The vessel is shipwrecked;
5.The seafarer has been ill-treated on board and the master has failed to protect him when requested to do so; 6.The voyage is discontinued or
substantially altered;
7.After the seafarer starts on board, it appears that the ship risk being seized by belligerent power or exposed to war damage, or that such risk is imminent or has increased considerably; and 8.After the seafarer starts on board, it appears that a violent epidemic disease has broken out in the port for which the ship is bound f.In cases mentioned in paragraph (a), subparagraph (6)-(8) hereof, the seafarer may take his departure with immediate effect if the voyage has not commence, or otherwise at thesis’s first port of call after he has become aware of the situation.
Section 60. Transfer
An overseas seafarer may not be transferred at any port to any vessel owned or operated, manned or managed by the same employer without the seafarers consent. Upon such transfer, the position of the seafarer and the rate of his wages and terms of services shall be in no way bellower or inferior and the total period of employment shall not exceed that original agreed upon. Any form of transfer shall be documented and reported by the manning or crewing agency to tepee.
Section 61. Post-Employment Benefits
In addition to whatever benefits they are entitled to under the Social Security System Adowa, if applicable, retiring seafarers covered by collective bargaining agreements shall be entitled to such post-employment benefits as may be provided at their respective agreements. Seafarers who are not covered by collective bargaining agreements on the other hand may, upon notice to their manning or crewing agencies and principals, authorize the deduction of a specified percentage of their monthly wages to form part of the seafarers? self-contributed post-employment fund. The amount to be deducted shall be place in an account in the name of the contributing seafarer.
XII. REPATRIATION
Section 62. Repatriation
The repatriation of the seafarer and the transport of his personal effects shall be the primary responsibility of the manning or crewing agency, which recruited or deployed the seafarer. All cost attendant to repatriation shall be borne by or charge to the manning or crewing agency concerned and/or its principal.
The expenses of repatriation shall include the transportation charges, the accommodation and the food of the seafarer during the journey. They shall also include the maintenance of the seafarer up to the time fixed for his departure.
However, in cases where the termination of employment is due solely to the fault of the worker, the principal/employer or manning/crewing agency shall not in any manner be responsible for the repatriation of the former and/or his personal effects. Section 63. Mandatory Repatriation of Underage Seafarers
Upon discovery or being informed of the of presence of a seafarer whose actual age falls below the minimum age requirement prescribed by the Philippine law, the concerned Philippine foreign service official shall, without delay, repatriate the said seafarer and advise the DOLE as soon as possible of such discovery and other relevant information.
For the purpose of this Act, underage seafarers would means those who are below eighteen(18). Years old. Section 64. Emergency Repatriation
The DOLE, in coordination with appropriate government and international agencies, particularly DFA and OWWA, shall undertake the repatriation of seafarers, whether registered or unregistered, in cases of war, epidemics, disasters or calamities, natural or man-made, and other similar events without prejudice to reimbursement by the responsible principal or manning/crewing agency.
Section 65. Legal Assistance Fund
The Legal Assistance Fund created under Republic Act 8042 shall be used to provide legal services to overseas seafarers in distress in accordance with the guidelines, criteria and procedures promulgated under Republic Act 8042. the expenditures to be charged against the Fund shall include the fees for the foreign lawyers to be hired by the Undersecretary for Migrant Workers Affairs represents seafarers facing charges abroad, bail bonds, to secure the temporary release of seafarers under detention, court fees, charges and under litigation expenses.
XIII. REINTEGRATION / PLACEMENT SERVICES
SECTION 66. Retraining and Re-integration
Returning or unemployed seafarers may avail of the livelihood development/re-training programs and placements services offered by the concerned government agencies, including OWWA and TESDA, Technical and Livelihood Center, and the Cooperative Development Authority. These agencies shall formulate skills upgrading or retraining curricula to meet the needs of returning or unemployed seafarers. The participation of the maritime industry, in particular portend 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. Section 67. Establishment of Re-integration Center
A Re-integration Center within the DOLE is hereby created by the state for returning seafarers who shall provide a mechanism for their reintegration into the Philippine society, serves a promotion house for their local employment, and tap their skills and potentials for national development. It shall provide the following services:
a. Develop livelihood programs and project for returning seafarers in coordination with the private sector and concerned government agencies;
b. Coordinate with appropriate private government agencies in the promotion, development, and full utilization of their potentials. For this purpose, the DOLE shall be the leadimplementer.
The Cooperative Development Authority and the TLRC shall develop among returning Filipino seafarers, technical expertise in the enterprise building and development, while the DSWD shall provide the necessary services for the effective social re-integration of migrant workers.
c. Develop a matching program that will allow returning Filipino seafarers to develop business partnerships and employment options with public and private sector enterprises in the country;
and d. Provide a periodic study of the assessment of job opportunities for returning seafarers.
XIV. ACCOUNTABILITY OF GOVERNMENT OFFICIALS AND PERSONNEL
Section 68. ACCOUNTABILITY OF GOVERNMENT OFFICIALS AND PERSONNEL
Without the filing of criminal complaint, any Philippine government official and personnel who fails or refuse to render service(s) and/or assistance to seafarers without just cause shall, after due notice or hearing, and if found guilty, be punished with suspension from office of not less than thirty (30) days or dismissal from the service with forfeiture and other benefits.
XV. OTHER PROHIBITED ACTS
Section 69. Prohibited Acts on Education and Training:
a. It shall be unlawful for any educational institution or system providing maritime education and training, to demand from its students, trainees or apprentices, payment other than what is provided for by law and in concurrence other than the Philippine currency.
b. It shall be unlawful for any educational institution or system, or manning/crewing agency to require education, training, certification and qualification for the Filipino seafarers other than what is required by the International Convention on Standards of Training, Certifications and Watch keeping for Seafarers, 1978 as amended, and other IMO regulations.
c. It shall be unlawful for any individual, manning agency, educational system and other agencies to prepare, submit or use any fraudulent document, paper or certificate, for purpose of education, training , employment, promotion or any other act which would facilitate the entry of promotion of a person or an agency into the maritime industry. Section 70. Prohibited Acts Recruitment and Placement
It shall be unlawful for any manning or crewing agency or company:
4. To require as a condition of employment or re-employment or continuation thereof that the seafarer refrain from lodging any protest, complaint or any other similar mode expressing ones grievance, dissatisfaction or the like, or to stipulate expressly or tacitly that the act of lodging any protest, complaint or any other similar mode of expressing one’s grievance, dissatisfaction and the like would constitute the employee or the applicant’s informal blacklisting from any productive employment abroad;
5. To prevent or deter seafarers from gaining productive employment, whether the job applicant is for employment or re-employment, by any means or mechanism, or list, post, or circulate names or other information, by any recruitment and placement service or agency, whether the posting or circulation is done within the office perimeter or outside Orin other offices, with the purpose of disseminating, or announcing or giving notice, memorandum or any information so as to discourage other recruitment and placement services or agencies from hiring and/or employing a particular seafarer and /or to effect a prevention or deterrence against ones employment, or re-employment, or continuing employment; and
6. To cause any negative marking or sign or any other similar information in the passport or any other official document of seafarers for the purpose of warning, cautioning or discouraging other recruitment or placement services from hiring and/or employing particular seafarer and/or to effect a prevention or deterrence against ones employment, or re-employment, or continuing employment.
In view of sub-paragraphs a to c, the POEA shall be the sole agency which shall be authorized to revoke the license or accreditation of manning or crewing agencies in accordance with due process. Section 71. Penalties
Any person or agency shall perform the acts as provided for in the two preceding sections shall be subjected to a penalty ranging from six (6) months suspension to permanent revocation of its license to operate and a fine ranging to one hundred thousand pesos (P 100,000) to two hundred thousand pesos (P 200,000) without prejudice to the filing of offense for falsification of public documents and other offenses punishable under the Revised Penal Code. Section 72. Integrated Documentation System
The DOLE, in coordination with government agencies concerned, shall develop an identification among Filipino seafarers for the purpose of integrating and systemizing the documentation of education, training licensing, and certification among seafarers. The said Integrated Documentation System (IDS) shall contain all relevant information on the seafarers, including his education, training, licensure examinations and certifications taken. This identification shall bemused by the seafarer in all his transactions with the government, manning or crewing agencies, and other pertinent bodies.
As such, agencies of the government concerned shall develop and implement an information system that shall connect their respective databases for the purposes of data storage, sharing, and generation pursuant to Section 20 of Republic Act 8042.
XVI. TRANSITORY PROVISION
Section 73. Funding Provisions
Funds, which shall in no case be less than ten million pesos (P 10,000,000.00) from the Presidential Social Fund shall be appropriated and released to the DOLE for the operations of the One-Stop Center, earlier indicated in this Act, for purposes of setting up and implementing its operational mechanisms and facilities for the initial year of implementation. Funds which shall be necessary, in subsequent years shall be integrated in General Appropriations Act. Section 74. Implementing Rules and Regulations
The DOLE in coordination with the DFA and other agencies concerned, shall, within ninety (90)days after the effectivity of this Act, formulate its rules and regulations. Section 75. Reparability Clause
If any provision of this Act be declared unconstitutional, the remaining provisions shall be continue in force. Section 76. Repealing Clause
All laws, presidential decrees, or issuance, executive orders, letters of instruction, rules or regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Section 77. Effectivity Clause
This Act shall take effect fifteen (15) days after its publication in at least two (2) newspaper of general circulation. Approved, this _________ of _________, 2002
IDENTIFIED DIFFICULTIES/CHALLENGES/PROBLEMS OF PEOPLE WORKING ON BOARD SHIPS
“Moral/Ethics/ Social”
REFERENCE:
BOOK: Maritime Ethics/ PAGES: 4-5 and 26-27/ AUTHOR: Florencio Ventosa/ YEAR: 1994 VK 231 V46 1994 (library)
THE SITUATION OF THE SEAFARERS
Many things, however, stand in the way of fulfilling GOD’s dream. Obstacles crop up our path and help us grow to be more mature persons depending on the way we handle them. The following situations frustrate the realization of His dream. 1. INJUSTICE
“Sipsip” – unjust reports about a co-worker so that the latter is removed from work “Sulutan” – one’s name is already in the line-up but cancelled because someone who has the connections got the slot. “Non-payment”- delayed remittance of salaries
2. LACK OF PEACE AND ORDER
-presence of bullies on board ship who are untouchables because of connections -disorders caused by drunkenness
-quarrels due to oversensitivity as a result of “kantiyawan”, i.e, bragging
winners and poor losers 3. POVERTY
– Unemployment
– Very high cost of living
– Squatter relocation
-Malnutrition
4. DISUNITY
-regionalism, i.e., the “tayo-tayo” mentality
– Lack of concern for others
– Unreconciled differences
5. UNHAPPINESS
– longing for the loved ones at home
– Misunderstanding
– Guilt and hangover due to misuse of time at port
-unhappy news from home
– Health problems of self or loved ones
-bad news
6. LACK OF LOVE
-lack of communication with loved ones
– Unfaithfulness
-loveless use of sex
-unkind remarks about absent companions
PROBLEMS OF BIOETHICS
Bioethics is an attempt to rationalize the applications and use of the many advances in medical technology.
Crimes Against Human Life
1. Suicide
Suicide is immoral because it contradicts natural law. Life is a sacred gift from God. For the average Filipino, life is simply hiram sa Maykapal and to destroy it is the height of ingratitude, manifestation of cowardice to face the challenge of survival. 2. Drug Addiction
Drug addiction implies a habit. Cultivation of such habit, against medical advice for the reasons wholly unjustified, contradicts natural law. Such abuse of drugs and chemicals effects adversely the mind of body. Besides, many crimes can be traced to drug addiction. 3. Alcoholism
Alcoholism is the state of dependence on the stimulation of wine and liquor.
“ECONOMIC”
REFERENCE:
URL ADDRESS: http://www.cruisemates.com/blog/201103292128/cruise-ship-crews-overworked-underpaid/ DATE: March 29, 2011
Cruise Ship Crews – Overworked and Underpaid?
Anyone who has ever cruised knows the crews on ships work extremely hard. The crew on most cruise ships is comprised of a multinational group of people from countries all over the globe; mostly countries where the average annual income is very low; the unemployment is high and the opportunities for finding a lifetime career are slim. They may be working from 5 A.M. – 11 A.M., get a few hours off, work again from 2 P.M. to 4 P.M., and back at work from 5 P.M until 11 P.M. When passengers disembark for the day when the ship is in port, the crew is still working. They do not get the day off. They may get a couple of hours off, where they normally catch up on their rest, or make a quick trip to the local Wal Mart to pick up odds and ends essentials, find a cheap internet café to send emails home, or occasionally a phone center to call their families at home.
The people seeking these crew jobs on ships in fact sometimes pay employment agencies in their home countries, up to $5000 to get their foot in the door, for the opportunity to get a job on a ship. Once they do get the job, most work very diligently to keep those jobs; many continue to do so for a decade or more.
REFERENCE:
URL ADDRESS: http://www.itfseafarers.org/dark-side.cfm DATE: 2000 Good news: More jobs at sea for women
Bad news: They face rampant discrimination
Women are making up increasing numbers of cruise ship seafarers, but they are concentrated in the lowly-paid domestic jobs at sea.
Research by Minghua Zhao, of the ITF-funded Seafarers’ International Research Centre at Cardiff University, based on a survey of more than 60 cruise ships has shown that women now make up about 20 per cent of the seafaring labour force, equivalent to about 15,000 women.
Nationality is another main factor in the allocation of jobs. Women from western and developed countries are far more likely to be found in a small number of management or administrative positions. They are also likely to be employed as entertainers, beauticians, nurses, aerobics leaders and receptionists.
The segregation is continued in salary. Western women are almost always paid more than those from less developed countries, even when they are doing the same job. “The wage levels vary greatly from US$270 to US$2,400 per month for the same or similar positions,” says Ms Zhao. “There are many variables involved. But the seafarers’ nationality is one of the most important factors. For example, waitresses from England, France and Germany are paid more than twice as much as waitresses from Indonesia, Thailand and the Philippines on a top-market cruise ship operating worldwide. Similar patterns are found in ships operating in Asia-Pacific.”
REFERENCE:
URL ADDRESS: http://www.lipcon.com/news_archive/news_article3.php DATE: Cruise liners no luxury for crew as long hours, how wages prevail Jobs for seamen in the deck, engine and catering sections of the ship usually provide no health insurance or other benefits.
Crewmen say they are fed cheap food, housed in cramped quarters and work dangerous jobs without safety equipment.
When they complain, they can be fined, jailed in the ships brig or deported in handcuffs, according to marine experts.
The same system is used by all of South Florida’s cruise ship companies.
Sailing foreign-registered ships, they hire largely untrained crews from Third World countries to work at salaries and under health and safety conditions that would be intolerable to American workers.
While cruise industry spokesmen concede many of the allegations, they argue that they provide one of the few chances for thousands of Third World peasants and urban poor to improve their lives.
“They are coming for economic opportunities. Nobody puts a gun to their head,” said Ruthano Devlin, spokeswoman for the Miami-based Tropicana Cruises.
“We all do the same thing,” said Tim Gallagher, spokesman for Carnival Cruise Lines.
“I work all the time,” said Jerry Modesto. “From 6 in the morning until after midnight I wash pots. It’s hot. It’s noisy. I live with eight others in the cabin. But when I complain…” He drew a finger across his throat to indicate he was fired.
Modesto, a Filipino, said he worked 14 hours a day, seven days a week on Royal Caribbean’s Sun Viking for less than $400 a month. He said that is the norm, not the Exception.
“They treat crewmen like an orange. They squeeze and squeeze and when there is nothing left, they throw away the peel,” said Charles Lipcon, a Miami attorney who represents more than 100 crewmen annually.
Even seaman’s employment papers indicate the difficult working conditions on cruise ships.
“The actual work is extremely hard; 12-l4 hours per day; 7days a week, 2 sittings for breakfast, luncheon and dinner. Work breaks can be negotiated alter 18 weeks employment and are subject to Poseidon Services being given 4 weeks’ notice. Personnel may be required to carry out duties in addition to their normal tasks (such as) helping with the removal of passenger’s luggage,’ warns Poseidon Services Ltd. of Miami, a firm responsible for hiring the waiters on a number of cruise ships.
The conditions are confirmed by interviews with crewmen, seafarers’ rights workers, dockside priests, union officials and maritime lawyers.
Crews’ living space cramped
During a two-month investigation of cruise ship working conditions, the Sun-Sentinel found:
� Crew members are housed up to 10 in a cabin, bunking up to three deep in less than 100 square feet of space, according to a seafarers’ rights group.
� Crews have no recreation space on many ships. Engine-room crews are not allowed among passengers on most ships they spend days in the narrow, noisy warren below deck without ever seeing the sun.
� Crewmen sometimes fail to get paid what they were promised.
Workers start, stay in debt
� Crewmen often pay agents for jobs, sometimes huge amounts for Third World natives. They sometimes have to borrow the money from loan sharks and are never out of debt. � Crews work in noisy engine rooms without earplugs, clean sooty boilers without lace masks, and operate machinery without goggles, according to Court records, the seafarers’ center and crewmen.
� Crews complain they are not fed balanced meals, but receive mostly rice and stew. They sometimes are not given utensils and individual plates and must eat from common bowls with their hands, say crewmen and the seafarers’ center.
“PERSONAL”
REFERENCE:
URLADDRESS: http://www.cruisejobfinder.com/fm/cruises/cruise-line-jobs-pros-cons.php DATE: February 27, 2003 * Homesickness is a major problem for those working on a cruise ship, especially if they are new to the job. Since most cruise lines will only hire people with an extended contract (four to six months), this job is not recommended for people who are married, nor have children. * Sea sickness can be a problem, especially if you’re on a smaller cruise ship. It’s not as much of a problem on the larger vessels, but does still happen on occasion. Of course, there are medications you can take to combat sea sickness, but if you have that much of a problem, it might be wise to choose another profession. * There’s not much privacy if you’re a member of the crew. Quite often you’ll have to share a room with at least one, if not more, roommate.
If you like to spread out, working on a cruise ship isn’t the job for you. * Speaking of sharing a room, quite often your roommate will be from another country, so there may be difficulties communicating. Other difficulties may arise if your work schedule is different from your roommates. * Few days off while at sea. There isn’t a 40-hour work week on a cruise ship. Even though you’ll have some time off, if the passengers can see you, you’re liable to have to work. Also, some cruise lines will have employees work more than one job, so that will cut down on the amount of free time you have, as well. * Things are not as expected. Many new cruise ship employees think they’ll have the same benefits as the passengers. This isn’t the case. Unless the passengers are off the ship at a port of call, it’s unlikely the crew can lounge by the pool. Food choices are also quite limited for the crew, regardless of what new employees might believe.
“HEALTH”
REFERENCE:
BOOK: Maritime Ethics/ PAGE: 11/ AUTHOR: Florencio Ventosa/ YEAR: 1994 VK 231 V46 1994 (library)
Hygiene and Sanitation
Cockroaches are great menace on board ship. They can be eliminated through cleanliness and frequent fumigation. Cockroaches hang around the ship and unless this place is kept absolutely clean, they can be carriers of disease germs, thus spreading the diseases.
Bedbugs spread diseases to men in dirty sleeping quarters. To get rid of them, pour boiling water or kerosene in cracks, especially around bunks. Bedding should be aired under the sun or be boiled or sterilized and living quarters fumigated.
Flies can be a nuisance in port. The ship should get rid of them. Fleas are menace in ship because they usually come from rats dying of bubonic plague. Fleas carry germs to man. If rats are on the ship, they should be killed by fumigation.
REFERENCE:
BOOK: Marine accident and incident investigation (training manual) / PAGES: 151 & 153/ AUTHOR: International Maritime Organization/ YEAR: 1988 VK 231 V46 1994 (library)
Factors affecting the degree of performance
* Fatigue is defined as a reduction in physical and/or mental capability as a result of physical, mental or emotional exertion which may impair nearly all physical abilities including: strength; speed; reaction time; coordination; decision-making, or balance. * The circadian rhythm is not adaptive to any different daily routine. Shift workers, whether watch keepers at sea, airline pilots or factory workers all experience temperature drops.
A study of “Work at Sea” considers the issues of “jet lag”. It is known that circadian rhythms can take up to 10 days or more to adapt fully to the sudden multi-zone transitions that are experienced on these journeys, and that the disruption is greater on eastward than on westward flights.
Circadian rhythm disruption manifests itself in:
* Decreased response rate and a lowering of mental performance * Decline in mood and motivation
* Increased sleepiness and feeling of fatigue
REFERENCE:
URLADDRESS: http://textbook.ncmm.no/115-ship-noise-and-its-effects-on-seafarers-health DATE: Noise is a significant stressor on board ships. The fact that facilities are located above the propulsion mechanism, increases in engine power and the emergence of significant vibration all mean that noise reduction has become a matter as much of crew health as it is of onboard comfort. 11.5.1 Main noise sources on board ships
Many authors have studied the problem of noise onboard ships, ever since ships first began to be mechanically propelled (1, 2, 3, 4, 5). The main noise sources are as follows:
Engines
The vast majority of ships are propelled by diesel internal combustion engines. Based on the revolutions/minute of the engine, a distinction can be made between “slow” engines with a relatively low noise level and “high-speed” or “medium-speed” engines, which are more powerful than other types of engine but which create more noise. Propellers
Noise emitted by a propeller is linked to turbulence created by the phenomenon known as “cavitation” (because of the air bubbles that form on the propeller blades) and by the characteristics of the blades themselves (number, type, surface). Propellers are one of the main sources of noise emitted by the ship, and the noise is particularly obvious and can enable the ship to be identified (Husson6). Ventilation
Noise produced by a ventilation system mainly comes from the ventilators and their drive motors and shafts, and is caused by their shape and circulation speed, and air intake and discharge vents. The noise level inside a gangway is often higher than the level measured inside the accommodation.
FILIPINOS WORKING ON BOARD
REFERENCE:
URL ADDRESS: http://www.poea.gov.ph/stats/2011Stats.pdf
Number of Workers with Contracts Processed by Type : 2007-2011
TYPE 20072008200920102011
Seabased266,553 261,614 330,424 347,150 369,104
Workers
Number of Deployed Overseas Filipino Workers by Type: 2007-2011
TYPE 20072008200920102011
Seabased
Workers266,553 261,614 330,424 347,150 369,104
REFERENCE:
URL ADDRESS: http://seafarertimes.com/2011-12/node/1431 DATE: 01/25/2012 – 22:06
Former POEA administrator Jerry Cao said because of the amendment, the number of Filipino seafarers employed by different shipping companies will increase, from 374,000 to 400,000 in 2011 and 2012.
LIST OF MANNING AGENCIES
REFERENCE:
URL ADDRESS: http://www.seamanjobsite.com/maritime_agencies.php 87 manning agencies (Directory of POEA-licensed manning agencies.)
MANNING AGENCIESJOB POSTED
MAGSAYSAY MARITIME CORPORATION 86
PHILIPPINE TRANSMARINE CARRIERS, INC.28
JJ OFFSHORE SERVICES, INC. 27
NETSHIP MANAGMENT INC 25
CARDIFF CREWING FILIPINAS INC. 24
SCANMAR MARITIME SERVICES, INC. 23
SUPPLY OILFIELD & MARINE PERSONNEL SERVICES, INC. 21 FILNAVAL SHIPMANAGEMENT CORPORATION 20
PACIFIC OCEAN MANNING, INCORPORATED (POMI) V.SHIPS 18
PACIFIC ASIA OVERSEAS SHIPPING CORPORATION 18
INTERMODAL SHIPPING INC. 18
MICHAELMAR PHILS.INC. 17
DELFI SHIPPING AGENCY INC. 17
PETROLIFT GROUP OF COMPANIES – TRANSLIFT SHIP MANAGEMENT INC. 16 PACIFIC SEAMAN SERVICES, INC. 16 NAESS SHIPPING PHILS., INC. 15 WALLEM MARITIME SERVICES INC. 15
CAPITAL SHIPMANNING PHILS., INC. 15
LYDIA MAR (MANILA) INC. 15
DOLPHIN SHIP MANAGEMENT INC, 14
GLOBALGATEWAY CREWING SERVICES 13
NAVIS MARITIME SERVICES INC. 13
PB MARITIME PERSONNEL INC. 13
GREAT PACIFIC SHIP MANAGEMENT COMPANY INC 12
SEACREST MARITIME INC. 12
GOTHONG SOUTHERN SHIPPING LINES, INC. 11
DIAMOND-H MARINE SERVICES & SHIPPING SERVICES 11
ARCHIPELAGO PHILIPPINE FERRIES CORP. 10
MED LINE PHILIPPINES INC. 10
BOURBON MARINE SERVICES MANILA INC. 10
SEABIRD SHIP MANAGEMENT, INC. 10
CREWCARE INC. 9
BP MATA & COMPANY INC. 9
GLOBE MASTER MARINE AGENCY INC. 8
BAHIA SHIPPING SERVICES INC. 8
ACHIEVERS OVERSEAS SHIP MANNING AGENCY, INC. 8
MANILA OCEAN CREW MANAGEMENT 8
C-MAN MARITIME INC. 8
MARLOW NAVIGATION PHILIPPINES INCORPORATED 8
ISLAND OVERSEAS TRANSPORT CORPORATION (SHIP MANNING) 8
BIBBY SHIP MANAGEMENT, INC PHILIPPINES 8
ASSOCIATED SHIP MANAGEMENT SERVICES INC. 7
MAERSK FILIPINAS CREWING INC. 7
UNIVAN MANAGEMENT SERVICES PHILS., INC. 7
DOHLE-PHILMAN MANNING AGENCY, INC. 7
SUNBRIGHT MARITIME SERVICES, INC. 7
SEA WORKFORCE MANILA CORPORATION 6
SOLPIA MARINE AND SHIP MANAGEMENT INCORPORATED 6
POSFIL SHIPMANAGEMENT CORPORATION 6
ORIENT STAR SHIPMANAGEMENT CO., INC. 6
OCEANWAVE CRUISERS INTERNATIONAL MANNING AGENCY, INC. 6
ARCTIC SHIPPING CORPORATION 6
WILHELMSEN SMITH BELL MANNING INC. 5
SEAMASTER SHIPMANAGEMENT CORP. 5
DNR OFFSHORE AND CREWING SERVICES INC. 5
EASTGATE MARITIME CORPORATION 5
CROSSWORLD MARINE SERVICES INC. 5
CENTURY MARITIME AGENCIES,INC. 4
ASIA WORLD CREW MANAGEMENT INC. 4
AVANTGARDE SHIPPING CORPORATION 3
CF SHARP CREW MANAGEMENT, INC. 3
SOUTHEAST ASIA SHIPPING CORPORATION 3
CREWBENEFIT, INC 3
HOEGH FLEET SERVICES PHILIPPINES, INC. 3
EURO-ASIATIC SHIPPING, INC. 2
ABOSTA SHIPMANAGEMENT CORPORATION 2
NAVIA CREWING SERVICES INC. 2
KLAVENESS MARITIME AGENCY, INC. 2
PANDISHIP CORPORATION 2
GRIEG PHILIPPINES INC 2
SOUTHFIELD AGENCIES, INC. 1
MARITIME SERVICES & MGT., INC. 1
SHARPE SEA PERSONNEL, INC. 1
RIELT MARITIME, INC. 1
PACC SHIPPING PHILS., INC. 1
WAGENBORG MANILA, INC. (FORMERLY OCEANWIDE CREW MANILA, INC.) 1 DIVERSIFIED INTERNATIONAL SERVICES INC. 1
‘SPLASH PHILIPPINES, INC. 1
PAL MARITIME CORPORATION 1
KGJS FLEET MANAGEMENT MANILA INC. 0
TECHNOMAR CREW MANAGEMENT CORPORATION 0
GLOBALMARITIME CREW INC. 0
IMPERIAL SCANSHIP, INC. 0
LAUREL CARRIERS PHILIPPINES, INC. 0
QUEEN OF THE OCEAN SHIPPING CORP 0
SENATOR CREWING MANILA INC. 0
BP INTERNATIONAL SHIPPING CORP. 0
OCEANCREW MARINE SERVICES, INC. 0
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