Triggering Supreme Court Temporary Restraining Order
- The circular is issued in view of a Temporary Restraining Order issued by the Supreme Court in a Resolution dated 11 September 2000.
- The Temporary Restraining Order covers the implementation of certain amendments to the Revised Terms and Conditions governing Filipino seafarers’ employment on ocean-going vessels.
- The amendments subject to the Temporary Restraining Order are contained in DOLE Department Order No. 04, Series of 2000, and POEA Memorandum Circular No. 09, Series of 2000.
Revised Terms: substituted provisions
- Section 20, Paragraphs (A), (B) and (D) of the former Standard Terms and Conditions Governing the Employment of Filipino Seafarers on board Ocean-Going Vessels must apply in lieu of Section 20 (A), (B) and (D) of the Revised version.
- The former Standard Terms and Conditions in this substitution are those provided in DOLE Department Order No. 33, Series of 1996, and POEA Memorandum Circular No. 55, Series of 1996.
- The circular’s substitution rule operates for Section 20 only, and only for Paragraphs (A), (B), and (D).
Suspension of specific Revised provisions
- The implementation of Section 20 (E) and (G) of the Revised Terms and Conditions is suspended.
- The suspension applies as a direct consequence of the Supreme Court Temporary Restraining Order covering the implementation of the affected amendments.
Compliance instruction under the circular
- Employment terms for the covered seafarers on ocean-going vessels must follow the substituted rule for Section 20 (A), (B), and (D) using the former provisions under DOLE Department Order No. 33, s. 1996 and POEA Memorandum Circular No. 55, s. 1996.
- Employers and other implementers must observe the suspension of Section 20 (E) and (G) under the Revised Terms and Conditions.