Seafarer Employment Rules for Domestic Shipping

Defines key terms essential for interpretation: Bureau of Labor Relations (BLR), Bureau of Working Conditions (BWC), Cadet, Certificate of Compliance, Department of Labor and Employment (DOLE), Domestic Shipping, Gross Tonnage, Homeport, Labor Standards, Maritime Occupational Safety and Health Guidelines (MOSH), Port of Registry, Regional Director and Office, Seafarer, Secretary, Ship/Vessel, Shipowner.

Minimum age of 18 years to work onboard.
Must hold a valid medical certificate from DOH-accredited facilities.
Only certified seafarers by appropriate government agencies may be employed.
Recruitment must follow DOLE guidelines; no recruitment fees to be borne by seafarers except for medical exam fees.

Employment agreement must be in writing, include personal info, shipowner details, employment terms, wages, benefits, hours of work.
Agreement executed in three copies, in English and working language; seafarer given chance to review before signing.
Seafarers entitled to minimum benefits including wages, holiday pay, rest days, overtime, night shift, leaves, 13th month pay, maternity, paternity, parental leave, retirement pay.
Normal work hours limited to 8 hours/day, max 14 hours/day, 72 hours/week.
Minimum rest: 10 hours/24-hour period, 77 hours/week, with exceptions for safety conditions.
Waiting time excluded from compensable work if seafarer is relieved.
Shipowners must post working hours and keep daily records.
Security of tenure guaranteed; termination only for just causes.
Right to self-organization and collective bargaining protected; CBA registered and kept onboard.

Seafarers provided decent accommodation and recreational facilities meeting legal standards.
Ships must carry food and drinking water of adequate quality, quantity, and nutritional value, respecting cultural and religious differences.
Food preparation must comply with Sanitation Code and DOH regulations.

Shipowners to implement safety and health programs consistent with MOSH and ILO Code of Practice.
Programs to address accident prevention, disease control, harassment, training, emergency preparedness, drug-free policies, monitoring, and reporting unsafe conditions.
Establishment of safety and health committees on board or onshore with designated safety officers.
Adequate medical services, medicine chests, first-aid, access to shore medical facilities ensured.
DOLE, via OSHC, to issue guidelines for implementation.

All seafarers covered by SSS, Employees’ Compensation, PhilHealth, Pag-IBIG Fund, and other applicable social protection systems.
Entitled to benefits according to laws and agreements.

Applies certain rules on medical certificates, accommodation, food, occupational health, and complaint mechanisms.
Written training agreement among shipowner, cadet, and maritime school including terms on stipend, training hours, and benefits.
Agreement executed in three copies, submitted to DOLE/BWC, available onboard.

Shipowners liable for compliance; DOLE Secretary or delegates enforce provisions through Labor Laws Compliance System.
Regional offices conduct joint assessments; Certificates of Compliance issued valid for two years.
Renewal, revocation, compliance visits, notices, and coordination with MARINA, PCG, and others prescribed.
Compliance orders issued after due notice and hearing for violations.
Ships may be prohibited from leaving port under certain serious violation conditions.
Cases resolved under the Labor Laws Compliance System.
Manual of procedures by BWC to guide enforcement.

Grievance machinery established where CBA exists; otherwise, shipowners provide fair and expeditious procedures for complaints.
Seafarers may avail DOLE conciliation-mediation services under Single Entry Approach.