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RA 12021 (Magna Carta of Filipino Seafarers) CHAPTER X

Section 52–53 · 2 provisions

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.Read the official text ↗

Termination of Employment.

Section 52

SEC. 52. Termination of Employment. - (a) The employment of Filipino seafarers on board Philippine-registered ships operating internationally and on board foreign-registered ships shall cease when all of the following occur: (1) The seafarers complete their period of contractual service aboard the ship; (2) The seafarers sign off from the ship; and (3) The seafarers arrive at the point of hire. (b) The employment is also terminated upon arrival at the point of repatriation for any of the following reasons: (1) When the seafarer signs off and is disembarked for medical reasons in the event that the seafarer is declared: (i) fir for repatriation; or (ii) when after an illness, the seafarer is declared fit to work, but an employer is unable to find employment for the seafarer on board the ship originally boarded or on another ship of the shipowner; (2) When the seafarer signs off due to the sale of the ship, lay-up of the ship, discontinuance of voyage or change of ship principal, shipwreck, grounding, or unseaworthiness; (3) When the seafarer voluntarily resigns in writing and signs off prior to the expiration of the contract within a reasonable period as may be prescribed in the IRR of this Act; (4) When the seafarer is discharged for just cause/s in accordance with the provisions of the SEC or the applicable CBA.

Extension of Employment.

Section 53

SEC. 53. Extension of Employment. - In the event of extension of the term of a seafarer's employment contract, the seafarer shall be furnished a copy of the new or supplemental contract covering the extension of employment with adequate time to review and obtain expert advice regarding the terms and conditions of extended employment, which shall in no case be lower than the terms of original employment. In all cases, the shipowner or a duly authorized representative of the manning agency shall ensure that the seafarer has considered and freely accepted the effects of such an extension to any accumulated entitlement and repatriation benefits, among others. Manning agencies and shipowners shall submit periodic reports to the DMW on the welfare and well-being of the seafarers subject of such contract extensions.

Back to RA 12021 (Magna Carta of Filipino Seafarers) — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).