QuestionsQuestions (DOLE DEPARTMENT ORDER NO. 129, S. 2013)
It applies to shipowners and seafarers where there is an employer-employee relationship, covering Philippine-registered ships engaged in domestic shipping, excluding warships and naval auxiliaries, government ships not engaged in commercial operation, and fishing vessels.
No person below eighteen (18) years old may work, be employed, or be engaged onboard a ship.
The seafarer must hold a valid medical certificate issued by a medical facility duly accredited by the Department of Health (DOH), consistent with DOH rules.
Only seafarers certified by appropriate government agencies may work, be employed, or be engaged onboard a ship.
No fees or other charges for recruitment, placement, or providing employment may be borne directly or indirectly by the seafarer. However, fees for pre-employment medical examination may be shouldered by the seafarer.
It must include: seafarer’s full name and details (birthdate/age, birthplace), shipowner’s name/address, place and date of agreement, seafarer’s capacity, salary amount and formula, hours of work, wages and wage-related benefits (including overtime, holiday, premium pay, paid leaves, 13th month pay), social security and welfare benefits, separation and retirement pay, and other benefits under law/company/CBA.
It must be in a working language and in English, executed in three (3) original copies before employment starts. Each party keeps a signed original; an electronic copy must be submitted to DOLE through the Bureau of Working Conditions (BWC) and a signed original must be made available onboard the ship.
Wages for actual work hours and days must not be lower than the applicable minimum wage rate in the domicile/head office of the shipowner, whichever is higher, and must be paid at least once every two weeks or twice a month at intervals not exceeding 16 days.
Regular holidays: 100% holiday pay even if not reported; if required to work, 200% of the regular rate. Rest day: additional 30% of basic wage if required to work on rest day; if rest day also a special day, additional 50% of basic wage.
Normal hours of work shall not exceed 8 hours a day. If work exceeds 8 hours, maximum is 14 hours in any 24-hour period and 72 hours in any seven-day period. Overtime pay applies for work in excess of 8 hours/day with an additional at least 25% (ordinary days) or at least 30% (regular holidays, special days or rest days) over the applicable regular/basic hourly rate.
Minimum rest: 10 hours in any 24-hour period and 77 hours in any seven-day period. The 10 hours may be divided into no more than two periods; one period must be at least 6 hours; interval between rest periods must not exceed 14 hours.
If the hours of work exceed 14 hours due to overriding safety and operational conditions of the ship, hours of rest in any seven-day period shall not be less than 70 hours.
No. Waiting time is not compensable working time if the seafarer is completely relieved from duty and can use the time effectively for personal purposes.
The shipowner must post, in an easily accessible place, a table of shipboard working arrangements showing schedule at sea and at port and the maximum hours of work/minimum hours of rest, in working language and English. The shipowner must also maintain records of the seafarer’s daily hours of work or rest for monitoring compliance.
Security of tenure: services can only be terminated for just or authorized causes under the Labor Code. Self-organization/collective bargaining: seafarers may form, join, or assist in labor organizations and engage in concerted activities; where there is a CBA, it must be registered with the DOLE Regional Office and a copy kept onboard.
Accommodation: seafarers must be provided decent accommodations and recreational facilities consistent with applicable laws. Food and catering: the shipowner must ensure health protection and that onboard food/drinking water are of appropriate quality, quantity, and nutritional value, prepared per the Sanitation Code and DOH-related requirements.
The shipowner must adopt and implement an occupational safety and health policy/program consistent with MOSH and ILO Accident Prevention Code, including measures on preventing accidents/diseases, controlling risks (chemicals, hazards like heat/noise/vibration), preventing alcoholism and specific diseases (e.g., HIV/AIDS, TB, Hepatitis B), preventing sexual harassment, providing risk evaluation/training, emergency preparedness, promoting drug-free workplace, monitoring work environment and PPE use, and reporting/investigating unsafe conditions and accidents.
A Joint Assessment is conducted for covered Philippine domestic ships; a Certificate of Compliance is issued if compliant. The certificate is valid for two (2) years; renewal must be applied within 60 days before expiration. It can be revoked in specified instances (e.g., assessment not completed due to shipowner fault, deficiencies not corrected, ship changes flag, shipowner ceases responsibility, MARINA certificates invalid/revoked). Reported violations may lead to compliance visits under LLCS.
If there is a CBA, parties must have a grievance machinery for CBA interpretation/implementation and personnel policy interpretation/enforcement. Without a CBA, the shipowner must establish a grievance procedure ensuring fair, effective, and expeditious handling of complaints. Seafarers may also avail of DOLE conciliation-mediation under SEnA by filing a request with DOLE regional/provincial/field offices.