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