Title
Rules on Employing Filipino Seafarers Int'l Ships
Law
Dole Department Order No. 130-13
Decision Date
Jun 7, 2013
The Rules and Regulations on the Employment of Filipino Seafarers Onboard Philippine Registered Ships Engaged in International Voyage provides guidelines and requirements for shipowners and seafarers in the Philippines, covering various aspects such as recruitment, employment conditions, safety and health, compensation, and enforcement.
A

Key Definitions

  • Clarifies terms such as DOLE, POEA, shipowner, seafarer, international voyage, maritime labour certificate, and other relevant terms.
  • Defines Cadet as maritime students undergoing onboard training.
  • Maritime Labour Certificate certifies compliance with working/living conditions.
  • Shipowners include those with operational responsibility, even without full ownership.

Minimum Requirements for Employment

  • Minimum age for seafarers set at 18 years.
  • Must possess a valid medical certificate accredited by DOH.
  • Only competent and qualified seafarers allowed onboard.
  • Recruitment governed by DOLE and POEA guidelines; no recruitment fees to be charged to seafarers.

Employment Conditions

  • Written employment agreements in English, executed in four copies before employment starts.
  • Agreements must be approved by POEA and DOLE and available both to seafarers and onboard ships.
  • Employment terms governed by POEA Standard Employment Contract (SEC).
  • Shipowners must maintain minimum safe manning in compliance with maritime laws.
  • Seafarers have the right to form or join labor organizations and bargain collectively; CBAs must be registered and copies available onboard.

Accommodation

  • Shipowners must provide decent accommodations and recreational facilities in accordance with applicable standards.

Food and Catering

  • Ships must carry food and drinking water of proper quality, quantity, and nutrition acknowledging cultural and religious diversity.
  • Food preparation must follow Philippine Sanitation Code and DOH rules.

Occupational Safety and Health (OSH)

  • Shipowners to establish and implement OSH policies consistent with Philippine Maritime OSH Guidelines and ILO Code of Practice.
  • Policies cover accident/disease prevention, alcohol and disease control, sexual harassment prevention, risk training, emergency preparedness, drug-free workplaces, environment monitoring, safe machinery use, PPE, and accident reporting.
  • Development of Safety and Health Plans required; designated Safety and Health Officer onboard.
  • Adequate medical services and access to shore-based facilities mandatory; seafarers entitled to prompt medical consultation when in port.
  • DOLE to issue implementing guidelines via the Occupational Safety and Health Center.

Social Security and Benefits

  • Seafarers entitled to compensation and benefits under POEA SEC and applicable Philippine laws including Welfare Fund for Overseas Workers, Pag-IBIG, PhilHealth, Employees’ Compensation, and Social Security laws.

Cadet Engagement

  • Written engagement agreements for cadets, in English and in four copies, submitted for POEA and DOLE approval.
  • Agreements must be available onboard and allow cadets opportunity to review and seek advice.

Compliance and Enforcement

  • Secretary or authorized representatives have access for inspection to verify compliance.
  • Inspections performed by DOLE Regional Offices, POLO, or Recognized Organizations (ROs).
  • Declaration of Maritime Labour Compliance (DMLC) Part I issued by Secretary; Part II completed by shipowner.
  • Maritime Labour Certificate issued for five (5) years; requires intermediate inspections.
  • Renewal of certificates must be applied for 90 days before expiry.
  • Certificates may be revoked for non-compliance, change of flag, cessation of operation responsibilities, or invalid ship classification.
  • Unscheduled inspections permissible upon reports of violations or accidents.
  • Inspection reports submitted to Secretary and shared with ship master and seafarer representatives.
  • Ships without valid certificates barred from leaving Philippine ports.
  • Violations are resolved under applicable labor dispute resolution mechanisms.
  • DOLE Manual of Inspection and Certification issued for uniform enforcement.
  • Grievance mechanisms provided both onboard and onshore according to POEA SEC and collective agreements.

Institutional and Miscellaneous Provisions

  • Maritime Industry Tripartite Council (MITC) exercises oversight for implementation.
  • Non-diminution clause protects existing benefits from being reduced.
  • Repeals or modifies inconsistent policies, issuances, and agreements.
  • Rules become effective 15 days after publication in a newspaper of general circulation.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.