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.
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by legitimate labor organizations of seafarers, without need to apply for or confirm such exemptions, which may be withdrawn only by a special law expressly repealing this provision.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
