AN ACT PROVIDING FOR THE MAGNA CARTA OF FILIPINO SEAFARERS

• Number: Republic Act No. 12021
• Sections: 101

Preamble

DECLARATION OF POLICY

GENERAL PROVISIONS

SEAFARER'S RIGHTS

WOMEN IN THE MARITIME INDUSTRY

DUTIES OF SEAFARERS

MANNING AGENCIES FOR OVERSEAS SEAFARERS

TERMS AND CONDITIONS OF EMPLOYMENT OF OVERSEAS SEAFARERS

ACCOMMODATION, RECREATIONAL AND SANITATION

FACILITIES, FOOD AND CATERING IN OCEAN-GOING SHIPS

MEDICAL CARE AND MARITIME OCCUPATIONAL SAFETY

AND HEALTH STANDARDS FOR OVERSEAS SEAFARERS

TERMINATION OF EMPLOYMENT OF OVERSEAS SEAFARERS

DISPUTE RESOLUTION FOR OVERSEAS SEAFARERS

REPATRIATION FOR OVERSEAS SEAFARERS

REINTEGRATION FOR OVERSEAS SEAFARERS

EMERGENCY RESCUE OF DOMESTIC SEAFARERS

MANNING LEVELS AND CREW

COMPETENCY REQUIREMENTS

INSPECTION AND ENFORCEMENT

GREEN LANE FOR OVERSEAS AND DOMESTIC SEAFARERS

EDUCATION AND TRAINING OF SEAFARERS AND CADETS

INCENTIVES AND AWARDS GRANTED TO THE MARITIME INDUSTRY

ROLE OF GOVERNMENT AGENCIES

FINAL PROVISIONS

Section 1 Short Title.

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

Section 2 Declaration of Policies.

SEC. 2. Declaration of Policies. - The State shall protect the rights and overall welfare of Filipino seafarers, promote their full employment, and ensure equal opportunities in the maritime industry regardless of sex or creed, including equitable access to education, training, and development consistent with existing domestic and international laws, standards, and conventions, particularly the Maritime Labor Convention 2006 (MLC 2006), as amended, and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention).

The State shall endeavor to secure decent working and living conditions for seafarers; standardize the terms and conditions of their employment; promote their skills and competencies; regulate operations of manning agencies; incentivize maritime stakeholders; establish and enhance mechanisms for administrative, adjudicative, and social and welfare services for seafarers and their families.

The State shall encourage the participation of women in the seafaring profession and their meaningful contribution to the achievement of national development goals as productive members of the community.

The State shall likewise ensure that appropriate action is imposed for violations of human rights at sea, effective sanction are adopted in deterring future abuses, and that those who engage in human rights violations do not benefit from their illegal actions.

Towards these ends, shipowners, Maritime Higher Education Institutions (MHEIs), manning and recruitment entities shall be recognized as vital partners in protecting and empowering Filipino seafarers.

Section 3 Objectives.

SEC. 3. Objectives. - The Magna Carta of Filipino Seafarers shall have the following objectives:

(a) Codify the rights and obligations of Filipino overseas and domestic seafarers, as contained in the MLC 2006, as amended, the STCW Convention, pertinent conventions and international agreements which the Philippines has signed and ratified, and pertinent Philippine laws, rules, regulations, and jurisprudence;

(b) Implement the MLC 2006, as amended, and the STCW Convention for Filipino overseas seafarers, and identify the extent of their application to Filipino domestic seafarers;

(c) Institute comprehensive measures that will enhance the education, cadetship, training, and practice of Filipino seafarers to upgrade their qualifications and ensure their competency, competitiveness, and world-class quality;

(d) Align and institutionalizing existing policies and rules of the Commission on Higher Education (CHED) on the education of maritime students and training of cadets, Maritime Industry Authority (MARINA) on the qualifications and safety of both domestic and overseas seafarers, Department of Labor and Employment (DOLE) on labor standards and protection of domestic seafarers, and of the Department of Migrant Workers (DMW) on labor standards and protection of overseas seafarers;

(e) Afford greater protection to seafarers from nefarious practices that threaten their livelihood and compromise their well-being;

(f) Promote the safety of the general public who depend on the skills and competencies of Filipino seafarers; and

(g) Identify the roles of various government agencies and key stakeholders in achieving the objectives and ensuring the effective implementation of this Act.

Section 4 Coverage.

SEC. 4. Coverage. - This Act shall cover Filipino seafarers who are engaged, employed, or who work in any capacity on board a ship or vessel plying international waters, whether Philippine-registered or foreign-registered. This Act shall likewise include Filipino cadets in accordance with the provisions of Chapter XVIII (Education and Training of Seafarers and Cadets).

This Act shall not cover Filipino seafarers on board the following categories of ships:

(a) Warships and naval auxiliaries;

(b) Government ships not engaged in commercial operations;

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

(d) Fishing vessels.

For ships or vessels plying international waters but are governed by international treaties or agreements, the same shall be observed, and the pertinent agencies shall exercise regulatory supervision over the seafarers on board, subject to appropriate guidelines and conditions that may be issued by the Department of Transportation (DOTr), MARINA, DMW, DOLE and other concerned agencies.

Section 5 Availability of this Act to Domestic Seafarers.

SEC. 5. Availability of this Act to Domestic Seafarers. - Seafarers who are engaged, employed, or who work in any capacity on board domestic ships shall be principally covered by Presidential Decree No. 442, otherwise known as the "Labor Code of the Philippines," as amended, and by other applicable laws, rules, and regulations. They shall also be covered by the following provisions of this Act:

(a) Seafarers' Rights (Chapter III);

(b) Women in the Maritime Industry (Chapter IV);

(c) Duties of Seafarers (Chapter V);

(d) Emergency Rescue of Domestic Seafarers (Chapter XIV);

(e) Manning Levels and Crew Competency Requirements (Chapter XV);

(f) Inspection and Enforcement (Chapter XVI);

(g) Green Lane for Overseas and Domestic Seafarers (Chapter XVII);

(h) Requirements for Philippine-Registered Ships on Shipboard Training (Section 79); and

(i) Incentives and Awards Granted to the Maritime Industry (Chapter XIX).

The MARINA shall issue the necessary guidelines regarding domestic seafarers' qualifications, training, and certification in accordance with best practices in maritime education and training.

The DOLE shall issue the necessary guidelines on the employment and working conditions of domestic seafarers.

Section 6

SEC. 6. Definition of Terms. -As used in this Act:

(a) Abandonment refers to a situation where, in violation of the terms of the employment contract, the shipowner:

(1) Fails to cover the cost of the seafarer's repatriation;

(2) Has left the seafarer without necessary maintenance and support, including adequate food, accommodation, drinking water supplies, essential fuel for survival on board the ship, and necessary medical care; or

(3) Has otherwise unilaterally severed its ties with the seafarer, including failure to pay contractual wages for at least two (2) months;

(b) Cadet refers to a student of a maritime educational institution who is at least sixteen (16) years of age and required to undergo training on board a registered ship covered by this Act to fulfill a maritime degree or technical course;

(c) Domestic seafarer refers to a seafarer who has been engaged, employed, or who works in any capacity on board a domestic ship;

(d) Domestic maritime degree refers to a degree approved by the MARINA, in coordination with the CHED, for the training, education, and certification of domestic seafarers;

(e) Domestic ship refers to a ship duly registered and licensed under Philippine law to engage in trade and commerce between Philippine ports and within Philippine territorial or internal waters for hire or compensation, with general or limited clientele, whether permanent, occasional, or incidental, with or without fixed routes, and done for contractual or commercial purposes;

(f) Green lane refers to a controlled travel corridor facilitating in the shortest time possible, a safe and swift entry of seafarers with a valid Seafarers' Identity Document and other relevant documents, and if appropriate, exempting seafarers from travel- or health-related movement restrictions during public health emergencies when entry is requested for:

(1) Onboarding the ship to which they are deployed or transferring to another ship;

(2) Passing in transit to join the ship to which they are deployed, in another country or for repatriation; or

(3) Any other legitimate purpose as may be approved by relevant authorities;

(g) International Convention on Standards, Training, Certification and Watchkeeping for Seafarers (STCW Convention) refers to the international convention that established the minimum standards relating to training, certification, and watchkeeping for seafarers, which the Philippines acceded to oon May 22, 1984;

(h) International Maritime Convention or International Convention refers to a written treaty, agreement, protocol, or amendment thereto affecting the maritime industry, which has come into force and effect, including the MLC 2006, as amended;

(i) International maritime degree refers to a degree approved by the MARINA, in coordination with the CHED, for the training, education, and certification of international seafarers;

(j) Ladderization refers to ladderized education, which is defined under Republic Act No. 10647, otherwise known as the "Ladderized Education Act of 2014", as the harmonization of all education and training mechanisms that allow students and workers to progress between technical-vocational and higher education programs, or vice-versa. For purposes of this Act, it refers to a system where a maritime non-degree program may lead to a domestic or international maritime degree, or a domestic maritime degree may lead to an international maritime degree;

(k) Manning agency refers to a natural or juridical person duly licensed by the Secretary of the DMW to engage in the recruitment and placement of seafarers;

(l) 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;

(m) Maritime Higher Education Institution (MHEI) refers to any institution of higher learning which is authorized by the CHED to offer college education through four (4)- or five (5)-year courses in the maritime field leading to international or domestic maritime degrees;

(n) Maritime industry stakeholders refer to all private sector stakeholders engaged in the business of owning, managing, chartering, or operating domestic and ocean-going ships of Philippine or foreign registry, manning ships, managing ports, stevedoring and arrastre services, ship brokering and chartering, shipbuilding and ship repair, providing maritime services, such as ship supplies and provisions, maritime education and training, shipping agency and other similar activities.

This term shall also include bona fide maritime labor organizations, professional associations of seafarers, associations promoting seafarers' welfare, and women's maritime organizations;

(o) Maritime labour certificate refers to the document, complemented by a declaration of maritime labour compliance, that constitutes prima facie evidence that the Philippine-flagged vessel plying international waters has been inspected and, to the extent so certified, is compliant with the requirements of the MLC 2006, as amended, on the working and living conditions of the seafarers, and of applicable Philippine laws and regulations;

(p) Maritime Labour Convention 2006 (MLC 2006), as amended 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, and all amendments adopted and ratified thereafter;

(q) Master mariner refers to a person having command of a ship who also acts as the shipowner's representative;

(r) Non-degree courses and programs on maritime education and training refer to technical education as defined under Republic Act No. 7796, otherwise known as the "TESDA Act of 1994", in consultation with MARINA and CHED. This shall not include associate degree programs in maritime education which are now under the jurisdiction of the MARINA;

(s) Ocean-going ship refers to a ship other than one which navigates exclusively in inland water or waters within or closely adjacent to sheltered waters or areas where port regulations apply;

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

(u) One-stop shop center for seafarers refers to a unit in the one-stop shop center provided under Section 11 of Republic Act No. 11641, otherwise known as the "Department of Migrant Workers Act", that shall handle the specific concerns of seafarers, and shall, as far as practicable, be located in major crew-change ports, specifically in Metro Manila, Pangasinan, Bulacan, Cavite, Batangas, Iloilo, Cebu, Cagayan de Oro City, Davao City, and other areas to be determined by the DMW, to facilitate easy access to all relevant government clearances and permits, employment documents, validation of job orders, reintegration services, seminars or training for upskilling or retooling, and all other services including legal assistance;

(v) Overseas seafarer refers to a seafarer who has been engaged, employed, or who works in any capacity on board a ship or vessel plying international waters, whether Philippine-registered or foreign-registered.

For purposes of this Act, an overseas seafarer is deemed "engaged" as such if he/she has signed a valid employment contract and is already at the point of hire for his/her departure.

Nothing in this Act shall diminish the protection given to Overseas Filipino Workers (OFWs) under Republic Act No. 11641, including seafarers who are still to be engaged as such;

(w) Place of domicile refers to the home address of seafarers as declared in the standard employment contract or contract of employment;

(x) Point of hire refers to the place indicated in the standard employment contract or contract of employment, which shall be the basis for determining the commencement of the contract;

(y) Recognized organizations refer to organizations recognized and authorized by the DOLE as competent, independent, and with the necessary expertise relevant to the MLC 2006, as amended, to carry out inspections, require rectification of identified deficiencies in the working and living conditions of seafarers, and issue the appropriate maritime labour certificates on behalf of the DOLE on Philippine-flagged ships;

(z) Repatriation refers to the process of returning a seafarer to the point of hire. In case of permanent or temporary incapacity or death, the seafarer or his/her remains shall be repatriated to the point of hire or the seafarer's place of domicile, at the option of the seafarer or the seafarer's next of kin;

(aa) Seafarer refers to a Filipino who is engaged, employed, or is working in any capacity on board a ship covered under this Act.

(bb) Ship or vessel refers to any kind, class, or type of craft or artificial contrivance capable of floating in water, whether publicly or privately owned, ordinarily engaged in commercial activities, other than one navigating exclusively in inland waters or in waters within or closely adjacent to sheltered waters, or areas where port regulations apply;

(cc) Shipowner or principal refers to the owner of the ship employing Filipino seafarers or any other organization or person, such as the manager, agent, or bareboat charterer, who has assumed the responsibility for the operation and management of the ship from the shipowner and who, in assuming such responsibilities, has agreed to take over all the attendant duties and responsibilities of a shipowner under this Act, regardless of whether any other organization or person fulfills certain duties or responsibilities on behalf of the shipowner; and

(dd) Standard employment contract (SEC) refers to a government prescribed contract containing at least the minimum terms and conditions of employment for overseas seafarers in accordance with this Act.

Section 7 Right to Just Terms and Conditions of Work.

SEC. 7. Right to Just Terms and Conditions of Work. - Seafarers shall have the right to:

(a) A safe and secure workplace that complies with safety standards;

(b) Fair terms and conditions of employment;

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

(d) Appropriate medical care, for both overseas and domestic seafarers, additional confirmatory diagnostic tests for overseas seafarers, as well as welfare measures and forms of health and social protection.

Section 8 Right to Self-Organization and to Collective Bargaining.

SEC. 8. Right to Self-Organization and to Collective Bargaining. - Seafarers shall have the right to form, join, or assist in the formation of a labor organization of their own choosing for purposes of collective bargaining, to engage in concerted activities in accordance with law, and to participate in the deliberation of issues and formulation of policies that affect them, including the guarantee of representation in governing boards or appointment in government instrumentalities.

In the exercise of this right, the exemptions from taxes, duties, and other assessments provided in Article 251 of Presidential Decree No. 442, as amended, shall continue to be enjoyed by legitimate labor organizations of seafarers, without need to apply for or confirm such exemptions, which may be withdrawn only by a special law expressly repealing this provision.

Section 9 Right to Educational Advancement and Training at Reasonable and Affordable Costs.

SEC. 9. Right to Educational Advancement and Training at Reasonable and Affordable Costs. - Seafarers shall have access to educational advancement and training at reasonable and affordable costs. No fees or charges, other than tuition and miscellaneous fees, shall be imposed on cadets or persons similarly situated.

Toward this end, relevant government agencies shall:

(a) Regulate the operation of all educational and training institutions offering courses related to seafaring or maritime education;

(b) Pursue grant programs, such as scholarships, subsidies, loan assistance, and other measures that will harness the skills of seafarers toward greater competitiveness given the new and evolving demands in the industry;

(c) Promote quality maritime education and training that respond to the needs of the industry and are in accordance with minimum international maritime standards of competency; and

(d) Afford enhanced access to educational advancement and training of women in the seafaring industry.

The MARINA, CHED, and National Maritime Polytechnic (NMP) shall work together to mainstream gender and development in the curricula of maritime institutions and training centers.

Section 10 Right to Information.

SEC. 10. Right to Information. - Shipowners, manning agencies, and other organizations responsible for the requirement and placement of seafarers shall provide seafarers with relevant information, including the terms and conditions of employment, company policies affecting seafarers, and conditions and realities attending to their profession.

In addition, overseas seafarers shall, at all times, be furnished a copy of the duly executed SEC and the results of the medical examination conducted on them. The right shall also include the right of seafarers' organizations to relevant information affecting the terms and conditions of employment of their members, subject to the provisions of Republic Act No. 10173, otherwise known as the "Data Privacy Act of 2012", and the necessary laws and regulations of countries covered by their sojourn.

All ocean-going ships covered by this Act shall have on board copy of the MLC 2006, as amended, the grievance procedures observed on board, duly executed SEC of seafarers, and a copy of the collective bargaining agreement (CBA), if any, which shall be readily available to the seafarers.

Section 11 Right to Information of a Seafarer's Family or Next of Kin.

SEC. 11. Right to Information of a Seafarer's Family or Next of Kin. - In critical incidents, such as accidents or deaths on board or offshore, piracy, abandonment of vessel, and other similar cases, the seafarer's family or next of kin shall be immediately informed of the incident, including investigation reports, actions taken, and plans by the shipowner, as well as the concerned manning agency for the overseas seafarer, on the remedies, mitigation, or repatriation.

For overseas seafarers, the shipowner and the concerned manning agency shall report the incident to the DMW within five (5) days from being informed of the incident. For domestic seafarers, the shipowner shall report such incidents to the DOLE within the same period.

Section 12 Right to Safe Passage and Safe Travel.

SEC. 12. Right to Safe Passage and Safe Travel. - Seafarers shall be accorded the rights to safe passage and safe travel.

Overseas seafarers shall have the right to embark and disembark in other countries when in transit, and the right to be repatriated and return home.

Section 13 Right to Consultation.

SEC. 13. Right to Consultation. - Seafarers and maritime stakeholders, both on board and in the Philippines, shall be adequately consulted before the adoption of any maritime policy, executive issuances, rule or regulation, or enactment of any maritime law that may directly affect the seafarers, their families, and beneficiaries.

Section 14 Right Against Discrimination.

SEC. 14. Right Against Discrimination. - Seafarers shall have the right to be protected from discrimination on the basis of race, sex, gender, religion, or political opinion, taking into consideration the inherent requirements of the particular job or undertaking. Career opportunities and appropriate working and living conditions shall be guaranteed equally among male and female seafarers.

Section 15 Right to be Protected Against All Forms of Harassment and Bullying.

SEC. 15. Right to be Protected Against All Forms of Harassment and Bullying. - Seafarers shall be protected against all forms of harassment and bullying while on board ships or onshore. Shipowners shall adopt policies for the protection of all crew members from harassment and bullying.

Shipowners shall also establish helplines and grievance mechanisms for all victims of harassment and bullying.

For this purpose, the Pre-Departure Orientation Seminar (PDOS) of overseas seafarers shall include the policies, plans, and accessible procedures to eliminate and address all forms of harassment and bullying on board ships and onshore.

Section 16

SEC. 16. Right to Free Legal Representation. In cases of violations of this Act or breach of contract and the seafarer cannot afford the services of a counsel, seafarers shall have the right to free legal assistance and protection at the expense of the government, and to the fair and speedy disposition of cases, including the expeditious settlement of money claims, subject to existing rules and regulations.

Section 17 Right to an Appropriate Grievance Mechanism.

SEC. 17. Right to an Appropriate Grievance Mechanism. - Seafarers shall have the right to avail of an expeditions and inexpensive grievance mechanism to address and resolve their complaints, disputes, grievances, and controversies.

Section 18 Right to Immediate Medical Attention.

SEC. 18. Right to Immediate Medical Attention. - Seafarers shall be provided immediate and adequate medical services, medicines, and medical supplies on board; access to shore-based medical facilities, including mental health services for the protection of their physical and mental well-being; as well as the corresponding medical or trained personnel who shall provide first aid and medical care, pursuant to the Maritime Occupation Safety and Health Standards provided under this Act.

Section 19 Right to Access to Communication.

SEC. 19. Right to Access to Communication. - Seafarers, especially during their free time or when they are not on duty, shall have reasonable access to ship-to-shore telephone communications, email, and internet facilities, where available.

Section 20 Right to Record of Employment or Certificate of Employment.

SEC. 20. Right to Record of Employment or Certificate of Employment. - At the expiration of the employment contract of the seafarer, the seafarer shall be given a record of his/her employment on board the ship or a certificate of employment specifying the length of service, the position the seafarer occupied, an account of his/her final wages, and such other relevant information.

Section 21 Right to a Fair Treatment in the Event of a Maritime Accident.

SEC. 21. Right to a Fair Treatment in the Event of a Maritime Accident. - Seafarers shall be treated fairly in the event of a maritime accident pursuant to ILO and International Maritime Organization (IMO) 2006 Guidelines on Fair Treatment of Seafarers in the Event of a Maritime Accident and its amendments.

Section 22 Right to a Fair Medical Assessment.

SEC. 22. Right to a Fair Medical Assessment. - Seafarers shall have the right to a fair medical assessment in the event of injury arising from accidents onboard. Overseas seafarers shall have the right to seek a second opinion from accredited clinics of the Department of Health (DOH) or from other competent and licensed physicians, whenever there is a doubt on the medical assessment of an examining physician or clinic which negatively affects the overseas seafarer's immediate employment. If the clinic or physician selected by the overseas seafarer disagrees with the first assessment, a third doctor (from any DOH-accredited clinic or a DOH regional or provincial hospital), jointly selected by the employer and the seafarer, may be hired by the shipowner or manning agency to make a third medical assessment at no expense to the seafarer. The findings of the third doctor shall be final and binding on both parties.

Section 23 Right to Vote in National Elections.

SEC. 23. Right to Vote in National Elections. - Seafarers who are qualified and registered votes may vote in national elections, as well as in all national referenda and plebiscites, in accordance with the provision of Republic Act No. 9189, otherwise known as "The Overseas Absentee Voting Act of 2013", as amended by Republic Act No. 10590.

Section 24 Discrimination Against Women Seafarers.

SEC. 24. Discrimination Against Women Seafarers. - Women seafarers shall be protected from gender-based discriminatory practices, which include, but are not limited to, the following:

(a) Undue regard for the distinctive needs of women and failure to promote their health, security, dignity, and general welfare;

(b) Payment of a lesser compensation, including other forms of remuneration and fringe benefits, to female seafarers as against male seafarers for work of equal value; and

(c) Undue advantage given to male over female seafarers with respect to promotion, training opportunities, and study and scholarship grants, solely on account of their gender.

Section 25 Gender and Development.

SEC. 25. Gender and Development. - Shipowner, manning agencies, and maritime training institutions shall formulate and ensure that policies on gender and development are in place to promote women's rights to adequate training and opportunities, free from discrimination, harassment, and bullying.

Section 26 Duties of a Seafarer.

SEC. 26. Duties of a Seafarer. - Seafarers shall have the duty to:

(a) Faithfully comply with and observe the terms and conditions of one's employment contract;

(b) Abide by lawful and reasonable company personnel policies and procedures and the Code of Ethics for seafarers;

(c) Follow and observe the chain of command on board the ship or while ashore, without prejudice to one's religious freedom;

(d) Be diligent in performing one's duties relating to the ship, its stores, equipment, and cargo, whether on board, in transit, or ashore;

(e) Continually improve one's professional competency by keeping up-to-date with the latest technological and scientific developments applied in various maritime fields, keen observation of shipboard activities, continuous education, and training;

(f) Conduct oneself in an orderly and respectful manner towards shipmates, passengers, shippers, stevedores, port authorities, ad other persons who have official business with the ship at all times;

(g) Conduct oneself in accordance with moral, ethical and social norms;

(h) Be responsible for one's health while on board by maintaining a healthy lifestyle, complying with prescribed medical policies, and taking appropriate medications when necessary; and

(i) Perform one's duties in a responsible and sustainable manner, should one engage in various economic activities related to oceans, seas and coasts.

Section 27 Minimum Age.

SEC. 27. Minimum Age. - Except for cadets, the minimum age required for employment or engagement to work on board Philippine-registered ships operating domestically or internationally and on board foreign-registered ships shall be eighteen (18) years old.

Section 28 Pre-Employment Medical Examinations (PEME).

SEC. 28. Pre-Employment Medical Examinations (PEME). - All PEME of overseas seafarers shall be performed only in DOH-accredited medical facilities following the standards set by the DOH.

It is the duty of an overseas seafarers undergoing PEME to truthfully answer all questions to one's complete medical history: Provided, That the processing of the medical information collected shall be subject to compliance with Republic Act No. 10173.

Section 29 Medical Certificate.

SEC. 29. Medical Certificate. - As a prerequisite for employment on board an ocean-going ship, all overseas seafarers shall be required to secure a medical certificate issued by a DOH-accredited medical facility after undergoing a PEME. The same requirement shall be complied with by domestic seafarers in accordance with the rules and regulations of the DOH. The certificate is a confirmation that the seafarer has met the minimum health requirements for performing duties specific to the post and is physically and mentally fit to work.

For purpose of this section, a medical certificate issued to overseas seafarers in accordance with the requirements of the STCW Convention shall be acceptable.

Section 30 Training and Qualifications.

SEC. 30. Training and Qualifications. - Only overseas seafarers certified by appropriate govenrment agencies in accordance with the STCW Convention and other applicable international standards, and who are equally qualified as domestic seafarers, shall be allowed to work and be employed on board a ship operating internationally.

The MARINA shall issue the appropriate standards and guidelines for qualification, training, and certification of domestic seafarers pursuant to applicable Philippine laws, taking into account conditions of the domestic shipping industry and after due consultation with maritime domestic stakeholders: Provided, That qualified overseas seafarers are deemed qualified as domestic seafarers.

Section 31 Recruitment and Placement.

SEC. 31. Recruitment and Placement. - Only duly licensed manning agencies shall be allowed to operate and engage in the recruitment and placement of seafarers, pursuant to existing laws, rules, and regulations. In no event shall recruitment or placement fees, visa and other related costs be directly or indirectly levied or collected, in whole or in part, from the seafarers or their families: Provided, That only the cost of obtaining a medical certificate, seafarer's record book, passport, or other similar travel documents, may be charged to the seafarer.

All practices and mechanisms that tend to prevent qualified seafarers from gaining employment shall be prohibited.

Section 32 Nature of Liability.

SEC. 32. Nature of Liability. - The concerned manning agencies of seafarers shall be jointly and severally liable with the principal or shipowner for any and all claims arising from the implementation of the employment contract involving seafarers.

Section 33 Duties and Responsibilities.

SEC. 33. Duties and Responsibilities. - The duties and responsibilities of manning agencies shall include, but not be limited to, the following:

(a) To maintain an up-to-date registry of all seafarers recruited or placed through them, to be made available for inspection by the DMW and the MARINA;

(b) To inform seafarers of their rights and duties under their employment contracts before or in the process of engagement;

(c) To allow domestic and overseas seafarers to examine their employment contracts and SEC, respectively, before and after signing and furnish them a copy thereof;

(d) To verify, before deployment, that the seafarers recruited or placed are competent, qualified, and possess the documents necessary for the job concerned, and that their employment contracts or SEC conform with applicable laws, rules, regulations, and the CBA which may form part of said agreements, if any;

(e) To ensure, as far as practicable, that the shipping has the means to protect the seafarers from being stranded in a foreign port;

(f) To examine and respond to any complaint concerning the agency's activities and submit a written report on all unresolved complaints to the DMW and the MARINA; and

(g) To establish a system of protection, by way of insurance or an equivalent mechanism, to compensate seafarers for monetary loss due to the failure of the agency or the relevant shipowner under the seafarers' employment contract to meet its obligations to them.

Section 34 Standard Employment Contract.

SEC. 34. Standard Employment Contract. - An SEC between the shipowner and the seafarer shall be in writing and shall include, but not limited to, the following information and terms:

(a) Seafarer's full name, date of birth, age, birthplace, permanent or residential address;

(b) Seafarer's Record Book Number, Seafarer's Identity Document Number, Seafarer's Registration Number, and other necessary documentation as may be required by appropriate government agencies;

(c) Shipowner's name and address;

(d) Place and date of execution of the seafarer's employment contract;

(e) Duration of the contract;

(f) Point of hire;

(g) Capacity in which the seafarer is to be employed;

(h) Amount of the seafarer's salary, and the formula used for calculating the same;

(i) Maximum hours of work and minimum hours of rest;

(j) Wages and wage-related benefits, which include, but are not limited to, overtime pay, holiday pay, vacation leave pay, premium pay, paid leaves, and 13th month pay, if applicable;

(k) Compensation and benefits for occupations injury, illness, or death;

(l) The mandatory process for the determination of the final and binding disability grading by a DOH-accredited third doctor who is an expert in the disability of the seafarer, in case of conflict between the findings of the company and the seafarer's doctor;

(m) Social security and welfare benefits, including compulsory insurance coverage as provided under Section 37-A of Republic Act No. 8042, otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995", as amended by Republic Act No. 10022, and Section 6(n) of Republic Act No. 11641;

(n) Stipulation on repatriation or similar undertakings;

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

(p) Reference to the CBA, if applicable;

(q) Other benefits provided by law, company policy, or CBA; and

(r) Termination of the contract and the conditions thereof, including:

(1) If the contract is for an indefinite duration, the conditions entitling either party to terminate it and the period to give notice which shall not be less for the shipowner than for the seafarer;

(2) If the contract is for a definite duration, the date fixed for its expiry; and

(3) If the contract is for a voyage, the port of destination and the time which has to expire after arrival before the seafarer's discharge.

The SEC shall be in English or translated in the language known to the seafarer, and executed in four (4) original copies before the commencement of the employment.

The shipowner and the seafarer shall each have a signed original of the agreement. In addition, a signed original shall be made available on board the ship.

The DMW shall issue an SEC containing at least the minimum standards for seafarer's employment for ocean-going Philippine or foreign-registered ships, which shall be subject to review and regularly updated to ensure its conformity with the MLC 2006, as amended, and other existing treaties and conventions governing seafarers which the Philippines has ratified.

Section 35 Hours of Work and Hours of Rest.

SEC. 35. Hours of Work and Hours of Rest. - For purposes of this Act, the term:

(a) Hours of work refer to the time seafarers are required to do work on account of the ship; and

(b) Hours of rest refers to the time spent outside work hours but do not include short breaks.

A seafarer's normal work hours shall be eight (8) hours a day with one (1) rest day per week. If the seafarer is required to work beyond eight (8) hours, the maximum hours of work shall not exceed fourteen (14) hours in any twenty-four (24)-hour period and seventy-two (72) hours in any seven (7)-day period.

The hours of rest for every seafarer shall be at least ten (10) hours in a twenty-four (24)-hour period. The hours of rest are divisible into two (2) periods, one (1) of which shall be at least six (6) hours in length, and the interval between the two (2) periods of rest shall not exceed fourteen (14) hours.

In exceptional cases, seafarers in watchkeeping duties may work beyond fourteen (140 hours as may be required: Provided, That the rest period shall not be less than seventy (70) hours in any seven (7)-day period: Provided, further, That such watchkeeping duties shall not be allowed for more than two (2) consecutive weeks: Provided, finally, That the intervals between the two (2) period shall not be less than twice the duration of the watchkeeping duties in such exceptional cases.

Seafarers shall be entitled to reasonable periods of offshore leaves while the vessel is docked for their health and well-being, subject to rules, regulations, and measures of the port state.

Section 36 Entitlement to Leave.

SEC. 36. Entitlement to Leave. - Unless higher annual leave is provided under the CBA, the SEC, or by the shipowner as company practice or policy, seafarers shall be paid an annual leave to be calculated based on a minimum of 3.5 calendar days per month of employment, without prejudice to any future increase prescribed by laws, rules, or regulations.

Section 37 Wages.

SEC. 37. Wages. - Without prejudice to higher rates provided under a CBA or by the shipowner as company practice or policy, the minimum wage applicable to seafarers on board ocean-going ships of Philippine or foreign registry shall be as provided in the SEC, which shall in no case be lower than the prevailing industry standard on ocean-going seafarer wage rates for officers and other members of the ship's crew, and shall be regularly paid in full at least once a month.

Section 38 Allotment and Remittances of Wages.

SEC. 38. Allotment and Remittances of Wages. - The seafarer is required to make an allotment which shall be payable once a month to the seafarer's designated allottee in the Philippines through any authorized Philippine bank. The employer shall provide the seafarer with facilities to do so at no expense to the seafarer. The allotment shall be at least eighty percent (80%) of the seafarer's monthly salary.

The employer may also provide facilities for the seafarer to remit, without any charge, any amount earned in excess of the seafarer's allotment, including backwages, if any, to the seafarer's allotment, including backwages, if any, to the seafarer's designated allottee in the Philippines through any authorized Philippine bank.

The allotments shall be paid to the designated allottee in Philippine currency at the rate of exchange at the time of remittance indicated in the credit advice of the local authorized Philippine bank.

Section 39 Limitation on Wag Deductions.

SEC. 39. Limitation on Wag Deductions. - Unless stipulated in the employment contract or SEC, or otherwise provided by law, deduction shall not be allowed without the seafarer's prior written consent.

Section 40 Personal Effects.

SEC. 40. Personal Effects. - A seafarer may bring a reasonable number of articles on board the ship for personal use: Provided, That it shall neither cause inconvenience to the ship or cargo nor pose any risk onboard.

Unless the CBA provides for a higher limit, the shipowner shall reimburse the cost of any loss or damage to seafarer's personal effects resulting from shipwreck, stranding, abandonment of the vessel, fire, flooding, collision, or piracy, following the limitations prescribed by existing rules and regulations, which shall in no case be lower than international standards.

Section 41 Social Welfare Benefits.

SEC. 41. Social Welfare Benefits. - Without prejudice to the SEC, CBA, or company practice or policy, all seafarers shall be members of and entitled to receive the benefits conferred by the Overseas Workers Welfare Administration (OWWA), Social Security System (SSS), Employees' Compensation and State Insurance Fund (ECSIF), Philippine Health Insurance Corporation (PhilHealth), Home Development Mutual Fund (HDMF) or the Pag-IBIG Fund, and other applicable social protection laws, rules, and regulations, as may now or hereafter be created in favor of OFWs.

Section 42 Sick Leave and Sickness Benefits.

SEC. 42. Sick Leave and Sickness Benefits. - Seafarers who have contracted a disease or illness after departing from the point of hire, while in transit, or under quarantine, shall be entitled to paid sick leave or sickness benefits as long as they are incapacitated to work until the seafarer joins the vessel.

Section 43 Payment of Wages to Abandoned Seafarer.

SEC.43. Payment of Wages to Abandoned Seafarer. - Filipino seafarers abandoned by shipowners shall be entitled to full payment of wages and other benefits provided under the SEC or the CBA.

Section 44 Application.

SEC. 44. Application. - The requirements of this chapter covering ocean-going ships of Philippines registry shall be applicable to the following:

(a) All ocean-going ships constructed on or after the date that the MLC 2006, as amended, came into force;

(b) All second hand ocean-going ships, acquired or leased, and entered in the Philippine registry after the entry into force of the MLC 2006, as amended, insofar as they can be reasonably refitted, unless exempted by the relevant Philippine government agency; and

(c) All ocean-going ships constructed prior to the entry into force of the MLC 2006, as amended, which have undergone major or substantial structural alterations after the entry into force of the Convention, unless exempted by the relevant Philippine government agency.

Section 45 Accommodation and Recreational Facilities.

SEC. 45. Accommodation and Recreational Facilities. - Unless otherwise exempted herein or by appropriate regulations, all ocean-going ships shall provide and maintain safe, decent, and adequate accommodations, including but not limited to, recreational facilities for overseas seafarers that meet the minimum standards set out in MLC 2006, as amended, taking into account the need to protect the health and well-being of seafarers working or living on board the ship, or both. There shall be a basic shipboard facility for women, such as separate sleeping rooms.

Section 46 Requirements for Sanitation.

SEC. 46. Requirements for Sanitation. - All ocean-going ships shall have sanitary facilities that meet the minimum standards for health and hygiene, which shall be accessible to overseas seafarers on board, and sanitation standards set by Chapter XV - "Port, Airport, Vessel and Aircraft Sanitation" of Presidential Decree No. 856, otherwise known as the "Code on Sanitation of the Philippines", and its implementing rules and regulations (IRR). The sanitary facilities shall be located in convenient places, allowing easy access to work stations.

Separate sanitary facilities shall also be provided for male and female crew members of the ship.

Section 47 Food and Catering.

SEC. 47. Food and Catering. - All ocean-going ships shall ensure the protection and promotion of the health of the overseas seafarers. Shipowners shall ensure that their ocean-going ships carry on board and serve food and drinking water of appropriate quality, nutritional value, and quantity that adequately cover the requirements of the ship and take into consideration the differing cultural and religious backgrounds of the seafarers on board the ship. Seafarers on board a ship shall be provided with food free of charge during the period of engagement. The food, drinks, and the preparation thereof shall be in accordance with the standards of Presidential Decree No. 856, pertinent laws, rules, regulations, and international standards. In all cases, the ship's cooks shall be trained and qualified for their position.

Section 48 Medical Care on Board Ships and Ashore.

SEC. 48. Medical Care on Board Ships and Ashore. - The shipowner shall provide adequate medical facility, equipment, paraphernalia, and medical supplies, including medicines on board, and shall ensure access to shore medical facilities, including mental health services for seafarers, as well as corresponding medical or trained personnel who shall provide first aid and medical care.

The medicine chest and its contents, including but not limited to, common emergency and maintenance medications prescribed by licensed physicians to seafarers during PEME, medical equipment, and the medical guide on board shall be maintained and inspected regularly to ensure that labeling, expiry dates, and conditions of storage of all medicines and the directions for their use are checked, and all equipment are functioning properly.

The shipowner shall ensure that seafarers have access to medical care including assessment, counseling, psychotherapy, and other forms of mental health intervention in relation to the treatment of any mental or behavioral disorder; necessary medicines; therapeutic appliances; board and lodging away from home for any illness or injury, hospitalization, and dental treatment until the sick or injured seafarer has recovered or until the sickness or incapacity has been declared of a permanent character. The medical care shall be at no cost to the seafarer.

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

The health protection and medical care under this section shall be provided at no cost to the seafarer, in accordance with rules and regulations issued for this purpose,

Section 49 Protection of Seafarers from Epidemics, Pandemics, or Other Public Health Emergencies.

SEC. 49. Protection of Seafarers from Epidemics, Pandemics, or Other Public Health Emergencies. -

(a) Seafarers shall be covered by adequate insurance for protection from health emergencies and shall have access to prompt and adequate medical care while on board, including medical advice and confidential helplines on physical and mental health by radio or satellite communications, free of charge and available twenty-four (24) hours a day.

(b) Shipowners shall institute measures on health emergency prevention in accordance with flag state health regulations and World Health Organizations (WHO) guidelines, including necessary disinfection, decontamination, deratting, or other measures necessary to prevent the spread of infection or contamination.

(c) Seafarers who exhibit symptoms or contract illness shall be properly isolated and treated pursuant to established guidelines of the flag state and by the WHO.

(d) In ports of call, seafarers in need of medical care shall have access to medical facilities onshore.

(e) Seafarers who have contracted diseases of international concern or which cause global health emergency or are otherwise in isolation, precautionary or otherwise, shall be entitled to paid sick leave or sickness benefits as long as they are incapacitated to work, and the expense for medical care and board and lodging shall be borne by the shipowner.

In appropriate cases, the transit of seafarers joining ships from the Philippines shall be facilitated and exempted from travel-related, health-related, or movement restrictions.