Law Summary
Introduction
This memorandum circular from the Philippine Overseas Employment Administration (POEA) outlines the guidelines and requirements for the hiring of Filipino fishermen to work in Taiwan. It repeals certain previous memoranda and establishes procedures for the accreditation of principals, vessel enrollment, crew orders, and contract processing.
A. Requirements for Accreditation of New Principal and Renewal of Accreditation
This section details the necessary requirements for both new and renewing Taiwan principals seeking to hire Filipino fishermen.
- Key Requirements: • Manning agreement and Special Power of Attorney, authenticated by the Manila Economic and Cultural Office (MECO) and verified by the Philippine Labor Center (PLC) in Taiwan. • Commercial registration or business license if necessary. • Crew complement documentation, including adequate crew accommodation, medical provision, and salary scale verified by PLC. • Vessel particulars and Affidavit of Undertaking for each vessel as prescribed by POEA. • Certification from the Fishing Association where the vessel is registered. • Approval from the Council of Labor Affairs (CLA). • Master Employment Contract verified by PLC.
B. Enrollment Requirements for Taiwan-Registered Vessels
This section specifies the requirements for enrollment of Taiwan-registered vessels and principals with valid accreditation.
- Enrollment Requirements: • Must include items (c) to (h) listed under Section A.
C. Processing of Previously Approved Accreditation
This section outlines the procedure for processing crew orders and requests for additional crew from previously approved accreditation before the suspension of processing.
- Required Documents: • CLA approval, Master Employment Contract, Affidavit of Undertaking, crew complement with salary scale verified by CLA.
D. Existing Requirements for Contract Processing
This section states that existing requirements for contract processing will continue to apply without alteration.
E. Joint Affidavit for Principal and Agent
This section includes the formalities for a joint affidavit that must be executed by the principal and agent, detailing their responsibilities.
- Key Responsibilities: • Establishment of embarkation and disembarkation sites. • Ensuring adequate crew accommodation and food. • Providing medical provisions onboard and at embarkation/disembarkation sites. • Acknowledgment of potential sanctions for non-compliance, including possible blacklisting.
F. Employment Contract for Fishermen
This section details the employment contract between the employer (principal) and the fisherman, specifying terms and conditions of employment.
Contract Duration: • Valid for one year with the possibility of a one-year extension upon mutual agreement.
Basic Terms and Conditions: • Job classification: Fisherman. • Monthly salary: NT$ 13,000 for inside territorial waters and NT$ 16,000 for outside. • Maximum working hours: 48 hours per week. • Overtime pay according to Taiwan Labor Law, with exceptions for emergencies. • Provision of food (3 meals a day) and suitable accommodation. • Free transportation to and from the port of embarkation. • Vacation and sick leave per Taiwan Labor Law. • Catch bonus and emergency medical services.
Termination Causes: • Expiration of contract or mutual agreement for early termination. • Various grounds for employer-initiated termination including misconduct, failing medical checks, and violation of laws.
G. Financial Aspects
This section discusses the allotment and remittance processes for fishermen.
- Allotment and Remittance: • Allotments must be paid to designated recipients in the Philippines through authorized banks. • Remittance must be at least 80% of the fisherman’s monthly salary.
H. Grievance Machinery
This section outlines the procedure for addressing grievances.
- Procedure: • Fisherman should first approach their section head to file a complaint. • If unresolved, the Philippine Labor Center (PLC) and CLA must be involved.
I. Arbitration
This section establishes the arbitration framework for disputes arising from the contract.
- Jurisdiction: • POEA has original and exclusive jurisdiction over disputes, governed by Philippine laws and international conventions.
J. Miscellaneous Provisions
This section contains general provisions related to the contract.
- General Clauses: • No assignment of the agreement to third parties without written consent. • Verification of the employment contract by the PLC.
Key Takeaways
- The circular standardizes the hiring process for Filipino fishermen in Taiwan, emphasizing accreditation, compliance, and protections for workers.
- It details extensive requirements for principals and agents, as well as the rights and obligations of both employers and fishermen under the employment contract.
- The memorandum provides a structured grievance and arbitration mechanism, ensuring that disputes are handled effectively within the legal framework.