Onboard and Onshore Grievance Machinery.
SEC. 54. Onboard and Onshore Grievance Machinery. - All ocean-going ships covered by this Act are require to have fair, effective, and expeditious onboard and onshore grievance or complaint resolution mechanisms readily accessible, at no cost to the seafarer.
Any grievance or complaint shall first be referred to the appropriate grievance mechanism provided under this section. In cases where a seafarer is a member of a legitimate trade union organization and covered by a CBA, the seafarer shall be assisted by a union-designated representative in the proceedings. Any agreement reached at the grievance machinery level must be in writing, duly signed by the parties, and shall be final and binding between them.
Mandatory Conciliation-Mediation.
SEC. 55. Mandatory Conciliation-Mediation. - In the absence of an agreement or settlement at the grievance machinery level, the following rules shall apply:
(a) If there is a CBA, the matter shall be submitted for voluntary arbitration in accordance with existing laws, rules, and regulations;
(b) If there is no CBA, the parties shall first avail of the conciliation-mediation services provided under Republic Act No. 10396, otherwise known as "An Act Strengthening Conciliation-Mediation as a Voluntary Mode of Dispute Settlement for All Labor Cases, Amending for this Purpose Article 228 of Presidential Decree No. 442, as amended, otherwise known as the "Labor Code of the Philippines" and its IRR. Thereafter, if the matter remains unresolved, absent a settlement or agreement, the parties have the option to submit the case either to compulsory or voluntary arbitration under Presidential Decree No. 442, as amended.
Maritime Industry Labor Conciliator-Mediators and Arbitrators.
SEC. 56. Maritime Industry Labor Conciliator-Mediators and Arbitrators. - The Secretaries of the DMW and the DOLE, together with the heads of relevant government agencies, shall establish a pool of trained maritime industry conciliator-mediators, labor arbiters, and accredited maritime industry voluntary arbitrators. They shall handle the mediation, conciliation, or arbitration of all issues relating to the employment of seafarers. They shall have expertise appropriate competence, integrity, and knowledge of the Philippine and global maritime industry practices and standards, MLC 2006, as amended, and related Philippine-ratified conventions and treaties. For this purpose, the DMW, the National Labor Relations Commission (NLRC), and the National Conciliation and Mediation Board (NCMB) may form a specialized maritime unit in their respective labor dispute settlement structures, as well as issue the appropriate maritime industry dispute settlement rules of procedure to implement the provisions of this Act.
Determination of Disability Grading or Fitness to Work.
SEC. 57. Determination of Disability Grading or Fitness to Work. - When the seafarer suffers work-related injury or illness occurring between the date of commencing duty and the date upon which they are deemed duly repatriated, or arising from their employment between those dates and still requires medical attention upon repatriation, the seafarer must undergo a post-employment medical examination by a company-designated physician for treatment until seafarer is declared fit to work or given a disability grading.
A seafarer who disagrees with the company-designated physician's final assessment may seek its re-evaluation by a physician of choice who specializes in the illness or injury. If the seafarer's doctor issues a disability grading that is different or contrary to the medical findings of the company-designated physician, the seafarer must file, within thirty (30) days from receipt of the findings of the seafarer's doctor, a written request with the DMW to refer to conflicting medical grading to a third doctor. The third doctor shall be mutually selected by the employer and seafarer from a pool of DOH-accredited medical specialists relevant to the injury or illness of the seafarer. The third doctor should be duly trained in the determination of maritime disability grading.
With all the medical documents considered and issued by the company doctor and the seafarer's doctor, the third doctor shall determine the final disability grading which shall be binding upon the seafarer and the employer. This process shall be mandatory before any dispute settlement, arbitration proceeding, or case may be filed, when the issue is the disability grading, fitness to work, or the illness or injury of the seafarer.
The third doctor's assessment shall strictly adhere to the Schedule of Disabilities as provided in the SEC or the applicable CBA, as warranted.
The DMW and the DOH shall develop joint guidelines for the implementation of this section, including the selection, training, maintenance, and review of the pool of accredited third doctors.
Period to Settle Claims.
SEC. 58. Period to Settle Claims. - In the event a seafarer or the seafarer's successors-in-interest file a claim for unpaid salaries and other statutory monetary benefits, or a claim arising from disability or death, the employer or the manning agency shall have fifteen (15) days from the submission of the claim, proof, or complete documents, as the case may be, to determine the validity of the claim. The results of the validation by the overseas employer or manning agency shall be communicated to the seafarer within the aforesaid fifteen (15)-day period. The employer or manning agency shall settle its obligations to the seafarer, if any, within fifteen 915) days from the time it had communicated its findings to the seafarer.
This provision also applies to the claims of a seafarer or the seafarer's successors-in-interest, arising from accidental death, natural death, or permanent disability benefits under Section 37-A of Republic Act No. 8042, as amended.
Execution of Judgment and Monetary Awards.
SEC. 59. Execution of Judgment and Monetary Awards. - The DOLE, NLRC, and NCMB, in consultation with the Maritime Industry Tripartite Council (MITC) of the DMW, shall promulgate the necessary rules and procedures to ensure the fair, speedy, equitable, and just disposition and execution of decisions granting monetary awards for the salaries, wages, statutory benefits, and the death and disability claims of seafarers.
Such rules and procedures shall institute mechanisms for the prevention of ambulances chasing and the motu proprio prosecution or disbarment of ambulance chasers, as provided under Republic Act No. 10706, Presidential Decree No. 442, as amended, and under applicable rules and professional codes of conduct.
To ensure the full and timely restitution of the monetary award, the following mechanisms are instituted, without prejudice to such rules as the Supreme Court may issue or promulgate.
The decision granting a monetary award in a voluntary or mandatory arbitration, or by the NLRC, must state the specific amounts for the payment of the following:
(a) Any shares or wage;
(b) Any statutory monetary and welfare benefits;
(c) Any undisputed amount, which is admitted by a party to be legally due to the other party;
(d) Any disputed amount determined to be legally due the seafarer; and
(e) Damages, including moral damages, exemplary damages, nominal damages, attorney's fees, and other similar awards.
The portion of the decision awarding items (a), (b), or (c) above shall be immediately executory even pending appeal or judicial review.
Pending an appeal or judicial review, a writ of execution on items (d) and/or (e) shall only be issued if the judgment obligee posts a sufficient bond to ensure the full restitution of those amounts and the bond shall be maintained by the obligee until final resolution of the appeal or judicial review: Provided, That in the event of the seafarer ultimately prevails on appeal or judicial review, the losing party shall immediately reimburse the total amount paid by the seafarer for the cost of the bond. However, if the seafarer loses, no such reimbursement shall be made.
The DMW, through the Agarang Kalinga at Saklolo Para sa mga OFW na Nangangailangan (AKSYON Fund), may provide financial assistance to the seafarer depending on the final determination of maritime disability grading under Section 57 of this Act for the payment of premiums of the bond either in full or in part. Pertinent guidelines for assistance in the payment of premiums, including the availment process, amount, or length of validity shall be issued by DMW, after consultation with stakeholders, including the DOLE, NLRC, seafarers unions, manning agencies, shipowners, or their representatives
Prohibition on Appearances and Fees.
SEC. 60. Prohibition on Appearances and Fees. - Non-lawyers may not act as legal representatives of seafarers or appear on their behalf at any stage or in any proceeding before labor tribunals including the NLRC, Labor Arbiter, conciliation and mediation in the NCMB or voluntary arbitration, DMW, and other quasi-judicial bodies unless they represent themselves, their organizations, or the members thereof.
A stipulation on fees shall not exceed ten percent (10%) of the compensation or benefit which may be received by or awarded to the seafarer or his successors-in-interest pursuant to Republic Act No. 10706, otherwise known as the "Seafarers Protection Act". Any contract, agreement or arrangement to the contrary shall be null and void.
Legal representatives of seafarers shall submit an Entry of Appearance, with attached notarized certification and Affidavit of Undertaking containing the following averments:
(a) They shall not charge the seafarer a contingent fee of more than ten percent (10%) of the compensation which may be awarded to the seafarer; and
(b) They shall not lead or borrow money from the seafarers, or participate in usurious lending practices, and shall not directly or indirectly recommend, endorse, or facilitate loans with lending individuals or companies connected to seafarers.
Any amount in excess of ten percent (10%) received or collected by the legal representative of the seafarer shall be held in trust for the seafarer.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
