Duties of Parties
Employer/Agency/Master:
- Comply with contract terms, timely wage payments, and claim settlement.
- Operate grievance mechanisms onboard.
- Provide seaworthy vessels and safety equipment.
- Observe Code of Ethics and proper conduct.
Seafarer:
- Comply with contract terms and disciplinary codes.
- Follow lawful orders and company policies.
- Perform duties diligently and conduct respectfully.
Contract Commencement and Duration
- Contract starts upon actual departure from point of hire.
- Maximum contract duration: 12 months with possible extension by mutual consent.
Transport and Travel Provisions
- Employer pays for seafarer travel to vessel.
- Free baggage allowance per airline policy; excess is seafarer's expense.
Hygiene and Vaccination
- Seafarers maintain cleanliness of living quarters outside working hours.
- Must comply with vaccination or health measures ordered by Master or host countries.
Wages and Payment
- Monthly wages paid within 15 days succeeding the month.
- Payment abroad subject to foreign currency controls and exchange rates.
Allotments and Remittances
- Mandatory allotment: at least 80% of basic salary paid monthly to designated Philippine beneficiary.
- Facilities for remittance provided at no cost.
- All allotments paid in Philippine pesos at prevailing exchange rates.
Accounts and Certificates
- Written wage account provided upon discharge.
- Certificate of employment/service record available on request without charge.
Hours of Work
- Maximum of 48 regular work hours per week.
- Regular daily working hours: 8 hours.
- Specific schedules for day workers, steward personnel, radio operators, and watchkeepers.
- Reasonable rest following international standards.
Overtime and Holidays
- Overtime paid for hours beyond 8 per day; rests and holidays compensated.
- Rates vary: open overtime at 125% of basic hourly rate, fixed overtime at 30% of monthly salary.
- Specific holiday dates recognized.
- Emergency duties not considered overtime.
Leaves and Shore Leave
- Leave not less than 2.5 days per month, pro-rated.
- Shore leave allowed with master’s consent considering vessel’s operation and safety.
Provisioning and Stores
- Seafarers supplied with subsistence per maritime standards.
- Vessel stores and provisions for onboard use only; no taking ashore or disposal.
Transfer Clause
- Seafarers may be transferred to affiliated vessels without reduction in position, wage, or terms.
- Transfers documented.
Grievance Machineries
- Stepwise grievance procedure from department head to Master, then company or POLO.
- Documentation of grievance process mandatory.
- Does not bar other dispute resolution or jurisdiction of POEA/NLRC.
Disciplinary Procedures
- Written notice and formal investigation required.
- Master conducts hearing with seafarer's right to defense.
- Penalties in writing with copies furnished.
- Immediate dismissal allowed without notice in clear danger cases, with report to agency.
Termination of Employment
- Upon contract completion and arrival at point of hire.
- Termination also upon medical discharge, ship incidents, voluntary resignation, or dismissal for just cause.
Repatriation
- Seafarers continue to serve until vessel reaches convenient port or replacement arrives; max continuance 3 months.
- Early repatriation conditions and entitlements detailed.
- Employer bears repatriation costs except for certain early termination by seafarer.
Compensation and Benefits for Death and Injury
- Death benefits: US$50,000 plus US$7,000 per child (max four children), doubled if warlike activity involved.
- Additional benefits include burial expenses and transportation of remains.
- Injury benefits: continued wages, medical/dental treatment costs, sickness allowance up to 120 days.
- Disability compensation based on specific schedule.
- No benefits if injury/death due to willful or criminal acts or fraudulent concealment.
- Copies of medical reports furnished on request.
War and Warlike Operations Allowance
- Seafarers required to sail within war-risk areas if agreed.
- War-risk premium pay as determined by POEA.
- POEA sole authority on war risk areas and premium rates.
Contract Termination Due to Vessel-Related Causes
- Shipwreck, vessel sale, lay-up, discontinuance of voyage, unseaworthiness, port state control, and change of principal each have prescribed termination pay and repatriation rights.
Loss or Damage to Personal Effects
- Employer reimburses up to US$2,000 for personal effects lost/damaged by marine peril.
- No reimbursement if loss due to seafarer's fault, theft, or robbery.
Safety and Environmental Compliance
- Seafarer must observe safety, drug, alcohol, and environmental policies.
- Proper use of safety equipment required.
Dispute Settlement
- Claims under collective bargaining agreements settled via voluntary arbitration.
- Others may choose between NLRC or arbitration.
- POEA has exclusive jurisdiction over administrative disciplinary cases.
Prescription Period
- Claims barred if not filed within three years from cause of action.
Governing Law
- Contract governed by Philippine law, international conventions, treaties, and covenants.
Schedule of Disability and Occupational Diseases
- Detailed schedule grades injuries and disabilities with corresponding compensation percentages.
- Occupational diseases listed with required conditions for compensation, covering chemical exposures, noise, decompression sickness, infections, poisoning, physical strain, and others.
Administrative Offenses and Penalties
- Extensive list of offenses including smuggling, desertion, insubordination, drunkenness, gambling, and other misconduct.
- Penalties imposed by Master include dismissal and payment of costs.
- POEA may impose suspensions or delisting from the POEA registry.
- Graded penalties vary by offense severity and frequency.
- Procedures include formal investigation and documentation.