Question & AnswerQ&A (DOLE DEPARTMENT ORDER NO. 129, S. 2013)
It applies to shipowners and seafarers where an employer-employee relationship exists, covering Philippine registered ships engaged in domestic shipping except warships, naval auxiliaries, government ships not engaged in commercial operation, and fishing vessels.
A seafarer is any person employed, engaged, or working in any capacity onboard Philippine registered ships.
No person below eighteen (18) years old shall be employed or engaged onboard a ship.
Seafarers must hold a valid medical certificate from a DOH-accredited medical facility and be certified by appropriate government agencies.
No, fees for recruitment, placement, or employment shall not be borne directly or indirectly by the seafarer, except for pre-employment medical examination fees.
It must include seafarer's full name, age, shipowner's name, employment terms, salary, working hours, wages and benefits, social security, separation and retirement pay, and other benefits as per law or company policy, and be executed in three originals before employment starts.
They must receive wages not lower than applicable minimum wage rates, paid holiday pay, special days pay, rest day premiums, overtime pay, night shift pay, service incentive leave, 13th month pay, maternity/paternity leave, parental leave, violence victims leave, special gynecological leave, and retirement pay.
Maximum of eight (8) hours of work per day, not exceeding fourteen (14) hours in any 24-hour period, and seventy-two (72) hours in any seven-day period; minimum rest of ten (10) hours in any 24-hour period and seventy-seven (77) hours in any seven-day period.
Shipowners must adopt programs preventing accidents and diseases, control of alcoholism and infectious diseases, prevention of sexual harassment, risk evaluation and training, emergency preparedness, drug-free workplace promotion, monitoring work environment, and reporting unsafe conditions.
All seafarers shall be covered by the Social Security System (SSS), Employees' Compensation and State Insurance Fund, PhilHealth, Pag-IBIG Fund, and other applicable laws to avail comprehensive benefits.
The Secretary of Labor and Employment or authorized representatives enforce the Order using the Labor Laws Compliance System. The DOLE Regional Office conducts joint assessments and issues Certificates of Compliance to ships found compliant.
The Secretary may issue a Compliance Order after due notice and hearing and recommend to the Philippine Coast Guard to prohibit the ship from leaving port in cases of serious violations or imminent danger, among other grounds.
If a collective bargaining agreement exists, grievance machinery will be established between parties; otherwise, shipowners must provide a grievance procedure. Seafarers may also avail DOLE's Single Entry Approach (SEnA) for conciliation-mediation.