QuestionsQuestions (Commonwealth Act No. 104)
It addresses the implementation of a Supreme Court Temporary Restraining Order (TRO) affecting certain amendments to the Revised Terms and Conditions Governing the Employment of Filipino seafarers on board ocean-going vessels under DOLE Department Order No. 04 and POEA Memorandum Circular No. 09 (both series of 2000).
The TRO is dated 11 September 2000 (Supreme Court Resolution dated 11 September 2000).
It provides that the former Standard Terms and Conditions (as contained in DOLE Department Order No. 33 and POEA Memorandum Circular No. 55, both s. 1996) shall apply in lieu of the Revised Section 20(A), (B), and (D).
Section 20(A), (B), and (D) of the Revised Terms and Conditions are replaced with the former versions found in DOLE Department Order No. 33 and POEA Memorandum Circular No. 55 (both s. 1996).
The implementation of Section 20(E) and Section 20(G) of the Revised Terms and Conditions is suspended.
Their implementation is suspended—meaning they should not be applied while the TRO is in effect (as directed by the Supreme Court and communicated by POEA).
They come from DOLE Department Order No. 33 and POEA Memorandum Circular No. 55, both Series of 1996.
The circular shows that amendments to seafarers’ terms may be introduced through DOLE issuances and POEA circulars, but their implementation may be stayed by the Supreme Court; POEA then adjusts the operative rules by reverting to earlier provisions and suspending specific revised ones.
During the TRO period, contracts and employment documentation for Filipino seafarers should conform to the earlier standards for those specific subsections, not the revised amendments contained in the 2000 changes.
It takes effect immediately upon adoption (adopted 12 September 2000).
The amendments were contained in DOLE Department Order No. 04 and POEA Memorandum Circular No. 09 (both Series of 2000).
POEA instructs that certain Revised Section 20 provisions be replaced with the older 1996 terms and that other specific revised subsections be suspended due to a Supreme Court TRO.