Title
Amended POEA Terms for Filipino Seafarers
Law
Poea Department Order No. 4, S. 2000
Decision Date
May 31, 2000
The Philippine Overseas Employment Administration (POEA) has amended the standard terms and conditions for the employment of Filipino seafarers on ocean-going vessels to enhance their rights and ensure compliance with international maritime standards, effective 15 days post-publication.
A

Q&A (POEA DEPARTMENT ORDER NO. 4, S. 2000)

The 'Point of Hire' refers to the place indicated in the contract of employment, which shall be the basis for determining commencement and termination of the contract.

Duties include faithfully complying with contract terms, prompt payment of wages, making grievance machinery operational, providing a seaworthy vessel, ensuring safety measures, and observing the Code of Ethics for Seafarers.

The period of employment shall be mutually agreed upon but shall not exceed 12 months. Any extension requires mutual consent of both parties.

The allotment shall be at least eighty percent (80%) of the seafarer's monthly basic salary including back wages, if any.

1) Open overtime - not less than 125% of the basic hourly rate; 2) Guaranteed or fixed overtime - not less than 30% of the basic monthly salary, including overtime on Sundays and holidays but not exceeding 105 hours per month; 3) Officers receive fixed overtime rate; 4) Ratings may choose open or fixed overtime rate as agreed.

A compassionate ground refers to the death of an immediate family member, which includes the seafarer's parents, spouse and children if married, or parents if single.

Beneficiaries receive $50,000 US dollars equivalent plus $7,000 for each child under 21 up to four children. Additional benefits include transport of remains, burial expenses of $1,000, and other applicable benefits under Philippine laws and agencies.

Seafarer must approach the head of their department in writing, escalate unresolved issues to the master, and may appeal to company management or POLO/consular officer. The process must be documented and does not prejudice other legal remedies.

Deserting or attempting to desert results in dismissal and payment of costs, with permanent delisting from the POEA registry. Assisting another to desert also leads to dismissal and suspension from the registry for at least five years.


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