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.