Question & AnswerQ&A (POEA MEMORANDUM CIRCULAR NO. 85 S. 1992)
The main purpose is to provide guidelines for the accreditation, enrollment, additional crew orders, and contract processing for hiring Filipino fishermen to work in Taiwan.
The parties involved are the employer/principal (Taiwan principal) and the Filipino fisherman hired through the employer's representative or agent.
Documents include a manning agreement and special power of attorney authenticated by MECO and verified by PLC, commercial registration or business license, crew complement with certificate of adequate accommodation and salary scale, vessel particulars, POEA-prescribed Affidavit of Undertaking, certification from the Fishing Association, CLA approval, and Master Employment Contract verified by PLC.
Terms include a one-year contract duration extendible by mutual agreement, monthly salary distinctions for fishing inside or outside territorial waters, a maximum of 48 regular work hours per week, overtime pay per Taiwan labor law, free food and accommodation, transportation to and from the port, vacation and sick leave per Taiwan law, catch bonus, emergency medical and dental services, compensation and benefits as per Taiwan labor law and POEA standards, and repatriation provisions.
The salary is NT$13,000 for fishermen fishing inside the territorial waters, and NT$16,000 for those fishing outside the territorial waters of the Republic of China (ROC).
Termination can occur for disregard of company standards, unauthorized dependents in ROC, failure in medical check-up, contagious diseases like HIV, TB, venereal diseases, serious misconduct, immorality, violation of ROC laws, disobedience of lawful orders especially after warnings, absence without justification for three or more consecutive days, and unreasonable demands or work stoppage.
The PLC participates in settling complaints that are not resolved at the vessel level and assists fishermen in transmitting appeals related to grievances.
The POEA has original and exclusive jurisdiction over all disputes arising from the contract, governed by Philippine laws, international conventions, treaties, and covenants to which the Philippines is a signatory.
Failure to provide the required embarkation and disembarkation sites, adequate crew accommodation, food, and medical provisions may lead to appropriate sanctions and possible blacklisting of the principal.
Employers shall provide compensation in line with Taiwan labor laws and POEA standards, including medical treatment until fit to work or repatriation, disability benefits, accident insurance up to NT$300,000, and repatriation of remains in case of death.