Accreditation of Taiwan Principals
- Accreditation applies to Taiwanese principals hiring Filipino fishermen inside/outside Taiwanese waters.
- Required documents include:
- Manning agreement and Special Power of Attorney authenticated by Manila Economic and Cultural Office (MECO) and verified by Philippine Labor Center (PLC) in Taiwan.
- Commercial registration or business license (if necessary).
- Crew complement with certificate of adequate accommodation, medical provisions, and salary scale verified by PLC and MECO.
- Vessel particulars.
- Affidavit of Undertaking per vessel, prescribed by POEA.
- Certification from Fishing Association for vessel membership.
- Council of Labor Affairs (CLA) approval.
- Master Employment Contract verified by PLC.
Enrollment of Vessels and Principals with Valid Accreditation
- Enrollment of Taiwan-registered vessels and Taiwanese principals with valid accreditation requires:
- Crew complement with salary scale.
- Vessel particulars.
- Affidavit of Undertaking.
- Certification of fishing association membership.
- Council of Labor Affairs approval.
- Master Employment Contract verification.
Processing of Previously Approved and Additional Crew Orders
- For previously approved crew orders and requests for additional crew:
- Submission of documents as required for accreditation (ie. CLA approval, Master Employment Contract, Affidavit of Undertaking, crew complement, salary scale) is necessary.
Contract Processing
- Existing requirements for contract processing continue to apply without changes.
Affidavit of Undertaking by Principal and Agent
- Embarkation and disembarkation sites must be specified and consistent throughout contract period.
- Adequate crew accommodation and food required on vessel and at embarkation/disembarkation sites.
- Medical provisions must be available consistently onboard and at embarkation/disembarkation sites.
- Protective undertakings aim to promote welfare of fishermen.
- Failure to comply may lead to sanctions and blacklisting of the principal.
Employment Contract Key Provisions
- Duration: One-year contract from departure to employment site, extendible by mutual agreement.
- Salary: NT$13,000 for inside territorial waters; NT$16,000 for outside waters.
- Work Hours: Max 48 regular hours/week; schedule by vessel master in line with international standards.
- Overtime Pay: According to Taiwan Labor Law; except emergencies such as safety risks or drills.
- Food and Accommodation: Minimum of three meals daily consistent with dietary practices; free suitable accommodation.
- Transportation: Free to and from port of embarkation overseas.
- Leaves: Vacation and sick leave per Taiwan Labor Law.
- Catch Bonus: At least 30% of basic salary for long line; US$1 per metric ton per man for purse seiner/trawler.
- Medical Services: Free emergency medical and dental services until fit for work or repatriated.
- Compensation and Benefits:
- Employer pays 100% basic wages during medical treatment period up to 120 days.
- Social insurance for work-connected illness, injury, or death.
- Additional accident insurance coverage up to NT$300,000.
- Compensation for permanent disabilities based on POEA standards.
- Special compensation rates for injuries sustained in war zone.
- Repatriation: Employer bears full cost including remains in case of death or inability to find employment onboard.
Terms for Contract Termination
- Contract ends at expiration unless mutually extended.
- Employer may terminate and repatriate at own expense for:
- Disregard of company standards.
- Bringing dependents illegally.
- Failure in medical exams or contagious diseases.
- Serious misconduct or immorality.
- Violations of R.O.C. laws or public orders.
- Disobedience after warnings.
- Unjustified absence for three or more days.
- Work stoppage or willful disobedience.
Allotments and Remittances
- Allotments paid to designated recipients in the Philippines via authorized banks with employer assistance.
- Remittances must be at least 80% of monthly basic salary including back wages.
Grievance Machinery
- Fishermen shall first bring complaints in writing to the head of assigned section.
- Unresolved complaints escalate to Philippine Labor Center (PLC), Consular Office, and Council of Labor Affairs (CLA).
- Vessel master must facilitate communication to these entities.
Arbitration and Governing Law
- POEA has original and exclusive jurisdiction over contract disputes.
- Rights and obligations governed by Philippine laws, international conventions, treaties, and covenants.
Additional Contract Provisions
- Agreements may not be assigned to third parties without prior written consent.
- Employment contract must be verified by the Philippine Labor Center (PLC).