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Copyright © 2014 by the Department of Labor and Employment REPUBLIC OF THE PHILIPPINES All rights reserved
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Republic of the Philippines
DEPARTMENT OF LABOR AND EMPLOYMENT
Intramuros, Manila
FOREWORD
This Manual on the Conduct of Assessment, Inspection, and Certification of Philippine Registered Ships has been prepared by the Bureau of Working Conditions pursuant to the rules embodied under Department Order Nos. 129, 130, and 132 (Series of 2013) and in compliance with the Maritime Labour Convention, 2006.
This Manual is composed of three main parts: Parts One and Two discuss the salient features of D.O. 129, s. 2013 (Domestic Shipping) and
D.O. 130, s. 2013 (International Voyage), respectively. Part Three sets out the Standard Operating Procedures in the Conduct of Joint Assessment Onboard Philippine Domestic Ships. This part also includes the Procedure for Recognized Organizations in the Issuance of Maritime Labour Certificates and the Procedures for Handling of Minor and Major Deficiencies/Non-Conformities. Sample Forms and Templates have been incorporated to this Manual as Part Four.
This is a welcome development towards our intensified efforts in streamlining our
enforcement and monitoring mechanisms across all industries. The procedures contained in this Manual are aligned with the Rules on Labor Laws Compliance System under D.O. 131, s. 2013 which the Department has recently adopted in line with its major policy shift from a purely regulatory to a progressively developmental mode of ensuring compliance with labor laws.
It is expected that through this Manual, a standardized and coordinated implementation of
applicable rules and regulations governing the maritime industry can be established. In this light, therefore, the policies and procedures set forth in this Manual shall be conscientiously followed.
The passage and eventual entry into force of the MLC, 2006 have a tremendous impact to
the Philippines as a maritime nation and as the largest source of the world’s seafaring workforce. It is my fervent hope that, through this Manual and our collective endeavors, we will be able to ensure that the working conditions and the welfare of our seafarers are adequately protected.
ROSALINDA DIMAPILIS-BALDOZ Secretary
07 February 2014
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Table of Contents
FOREWORD .................................................................................................................................. i
INTRODUCTION ............................................................................................................................ i
PART ONE: The Salient Features of Department Order 129, Series of 2013 .................................1
Coverage .................................................................................................................................1
Seafarer Requirements to Work on Ship ..................................................................................1
The Written Agreement .........................................................................................................2
Seafarers Minimum Benefits....................................................................................................3
Seafarers Working Conditions..................................................................................................3
Seafarers’ Safety and Health ....................................................................................................4
Social Security .........................................................................................................................5
Enforcement and the Certificate of Compliance ......................................................................5
Cessation of Validity and Compliance Visit ...............................................................................6
Complaint Procedure and Mechanism .....................................................................................7
PART TWO: The Salient Features of Department Order 130 Series of 2013-Rules and
Regulations on The Employment Of Filipino Seafarers Onboard Philippine Registered Ships
Engaged In International Voyage .................................................................................................9
Coverage ...............................................................................................................................10
Seafarer Requirements to Work on Ship ................................................................................10
The Written Agreement .......................................................................................................10
Seafarers’ Working Conditions ...............................................................................................11
Safety and Health Plan and Medical Care...............................................................................11
Social Security .......................................................................................................................12
Enforcement and the Certificates (DMLC 1& 2 and the MLC) .................................................12
Posting Requirement: ............................................................................................................14
Complaint Procedure and Mechanism ...................................................................................14
PART THREE: Standard Operating Procedures........................................................................15
Step 1: Notification of Shipowner Prior to JA .........................................................................17
Step 2: DOLE-RO Set the Schedule of the JA...........................................................................18
Step 3: Authority to Assess (AA).............................................................................................18
Step 4: Conduct of JA ............................................................................................................19
Step 5: Exit Conference ..........................................................................................................42
Step 6: Formulation of Action Plan ........................................................................................43
PART FOUR: Sample Forms and Templates ......................................................................48
DS FORM A. Notification Letter ........................................................................................49
DS FORM B. Acknowledgement Letter ............................................................................51
DS FORM C. Authority to Assess/Visit..............................................................................52
DS FORM D. Notice of Result .............................................................................................53
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DS FORM E. Maritime Labor Compliance Assessment Checklist ...........................................54
DS FORM F. Seafarer’s Affidavit ........................................................................................57
DS FORM G. Standard Employment Agreement for Domestic Seafarers ................................62
DS FORM H. Shipboard Training Agreement for Cadets .................................................64
DS FORM I. Certificate of Compliance ..............................................................................65
DS FORM J. Action Plan ......................................................................................................66
DS FORM K. Status Report .................................................................................................67
MLC Form 1 ...........................................................................................................................68
MLC Form 2 ...........................................................................................................................69
MLC Form 3 ...........................................................................................................................70
MLC Form 4 ...........................................................................................................................77
MLC Form 5 ...........................................................................................................................80
DS FORM L. Reporting Form ..............................................................................................83
Annex 1 .................................................................................................................................85
Annex 2 .................................................................................................................................87
Annex 3 .................................................................................................................................88
Annex 6 .................................................................................................................................91
Annex 7 .................................................................................................................................93
Annex 8 .................................................................................................................................95
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INTRODUCTION
The Maritime Labour Convention, 2006
and Department Orders 129 and 130, Series of 2013
Department Orders 129 and 130 (s. 2013), entitled “Rules and Regulations Governing the Employment and Working Conditions of Seafarers Onboard Ships Engaged in Domestic Shipping” and “Rules and Regulations on the Employment of Filipino Seafarers Onboard Philippine Registered Ships Engaged in International Voyage,” respectively, are the national interpretation/adaptation of the Maritime Labour Convention, 2006 (MLC, 2006) in the Philippines. The MLC, 2006 is a consolidation of more than 68 international labor standards related to the maritime sector adopted over the last 80 years.
The MLC, 2006 provides comprehensive rights and protection at work for seafarers. It sets
out seafarers' rights to decent conditions of work on a wide range of subjects and aims to be globally applicable, easily understandable, readily updatable, and uniformly enforced. It has been designed to become a global instrument known as the fourth pillar of the international regulatory regime for quality shipping, complementing the three other maritime pillars: STCW, MARPOL and SOLAS. Seafarers are essential to international trade and the international economic and trade system as an estimated 90% of world trade is carried on ships. The Convention aims to achieve both decent work for seafarers and secure economic interests in fair competition for quality shipowners.1
President Benigno S. Aquino III signed the ratification of the MLC on 28 May 2012 and the
Philippine Senate concurred in the ratification on 13 August 2012. Representing the Philippines, Mr. Dennis Y. Lepatan, Chargé d’affaires, Permanent Mission of the Philippines to the United Nations Office and other International Organizations in Geneva, deposited the country’s instrument of ratification of MLC, 2006 with Mr. Juan Somavia, Director-General of the International Labour Office on 20 August 2012.2 Before it can enter into force, the MLC, 2006 had to be ratified by at least 30 member States with a total share of 33% in the world gross tonnage of ships. A global milestone was reached when the Philippines became the 30th Member to have its ratification registered and join the group of the “first 30” ILO countries. This triggered the MLC, 2006’s entry into force on 20 August 2013, 12 months after the ratification documents was deposited with the ILO.3
The Philippines is regarded as the largest source of the world’s seafaring workforce. Having
ratified the Convention, it now has the legal obligation to observe the principles embodied in the
1 Maritime Labour Convention, 2006: Frequently Asked Questions (International Labour Organization (NORMES), 2006), accessed Apr il 3, 2014, http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---normes/documents/publication/wcms_088042.pdf. 2 “Philippines Ratification Marks Global Milestone for Decent Work for Seafarers,” International Labour Organization, August 20 , 2012, accessed April 3, 2014, http://www.ilo.org/global/standards/maritime-labour-convention/WCMS_187712/lang--en/index.htm. 3 Ibid.
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MLC, 2006 both in law and in practice. There are roughly more than 700,000 Filipino seafarers who are expected to benefit from the Convention’s coming into force. Of the said number, roughly around 400,000 are working overseas.
The Convention covers all seafarers, however, the Department of Labor and Employment
(DOLE), as the competent authority, is allowed to determine who are covered after consultation with shipowners, workers, and workers organizations. As to ships, the MLC, 2006 covers all ships except those of traditional build, warships, and naval auxiliaries. Seafarers and ships engaged in fishing and similar pursuits are not covered by the MLC, 2006 as they are dealt with under a separate convention.
The issuance of the rules interpreting and implementing the MLC, 2006 emanates from the
authority of the DOLE as the recognized competent authority under the MLC, 2006. This is further reinforced by Article 5 of the Labor Code of the Philippines, as amended, and the Administrative Code of 1987, as amended.
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PART ONE: The Salient Features of Department Order 129, Series of 2013 (Rules and Regulations Governing the Employment and Working Conditions of Seafarers Onboard Ships
Engaged in Domestic Shipping)
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Department Order 129, s. 2013 or the “Rules and Regulations Governing the Employment
and Working Conditions of Seafarers Onboard Ships Engaged in Domestic Shipping” was issued by DOLE Secretary Rosalinda Dimapilis-Baldoz on 3 June 2013. Composed of 10 rules subdivided into several sections, D.O. 129 took effect on 3 July 2013.
Coverage
While D.O. 129 applies to both shipowners and seafarers in an employer-employee relationship and covers Philippine-registered ships engaged in domestic shipping, it excludes the following: warships and naval auxiliaries; government ships not engaged in commercial operation; and fishing vessels.
The issuance defines domestic shipping as “the transport of passenger or cargo, or both, by
ships duly registered and licensed under Philippine law to engage in trade or commerce between Philippine ports and within Philippine territorial or internal waters, for hire or compensation, with general or limited clientele, whether permanent, occasional or incidental, with or without fixed routes, and done for contractual or commercial purposes.”4
For purposes of D.O. 129, a seafarer is defined as any person employed, engaged, or working in any capacity onboard Philippine-registered ships.5 Although generally considered a seafarer, a cadet is a student required to undergo onboard training to complete the educational requirements for a maritime degree or technical course. Some of the provisions shall apply to him but not all. Rule VII governs the shipboard training of cadets and enumerates the applicable rules, such as:
1. Section 2 of Rule II on Medical Certificate; 2. Sections 1 and 2 of Rule IV on Accommodation and Food and Catering, respectively; 3. Section 1 of Rule V on Occupational Safety and Health Policy and Program; and 4. Rule IX on Complaints and Procedures and Mechanism. The shipboard training of the cadets shall be covered by a training agreement written in a
working language and in English, entered into by the shipowner, the cadet, and the maritime institution/school stipulating the terms and coverage of the onboard training.
Seafarer Requirements to Work on Ship
A seafarer must be at least 18 years of age to be able to work or be engaged on board a ship. He/she must (1) possess the required training and qualifications duly certified by the appropriate government agencies; and (2) hold a valid medical certificate issued by a medical
4 This definition was adopted from RA No. 9295, “The Domestic Shipping Development Act of 2004” 5 This definition was adopted from the MLC, 2006
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facility duly accredited by the Department of Health specifically for that purpose and in accordance with existing rules and regulations.6
No fees or other charges for recruitment, placement or for providing employment to
seafarers shall be borne directly or indirectly, in whole or in part, by the seafarer. The DOLE’s existing guidelines on recruitment and placement and/or contracting and subcontracting work arrangement shall govern the recruitment and placement of seafarers. The fees for pre-employment medical examination may, however, be shouldered by the seafarers.7
The Written Agreement It is now mandatory that a written agreement in the working language and in English be
executed between the shipowner and the seafarer prior to engagement or employment. The written agreement shall include the following terms:8
a) the seafarer's full name, date of birth or age, and birthplace; b) the shipowner’s name and address; c) the place where and date when the seafarer's employment agreement is entered; d) the capacity in which the seafarer is to be employed; e) the amount of the seafarer's salary, and the formula used for calculating the same; f) hours of work; g) wages and wage-related benefits which include the following: overtime pay, holiday
pay, premium pay, paid leaves, 13th month pay; h) social security and welfare benefits; i) separation pay and retirement pay; and j) other benefits in accordance with law, company policy, or agreements.
The written agreement must be in three original copies to be distributed as follows: one for
the shipowner, one for the seafarer, and the 3rd signed original shall be made available onboard the ship. The DOLE, through the BWC must also be furnished an electronic copy of the agreement.
For cadets undergoing shipboard training, a written agreement between the shipowner on the one hand and the cadet and the maritime institution/school on the other shall likewise be executed in the working language and in English, before the commencement of the shipboard training. The shipboard training agreement shall contain the following terms and conditions:9
a) the cadet's full name, date of birth or age (at least 16 years old), and birthplace; b) the maritime institution/school’s name and address; c) the shipowner's name and address; d) the place where and date when the cadet's agreement is entered into;
6 Secs. 1-3, Rule II 7 Sec. 4, Rule II 8 Sec. 1, Rule III 9 Sec. 2, Rule VII
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e) the capacity in which the cadet is to be trained; f) the amount of the cadet's stipend or allowance, if any; g) required number of hours of training and hours of rest which should not be less than
that prescribed under Sections 3 and 4 of Rule III; and h) other benefits in accordance with law, company policy, or agreements.
The shipboard training agreement for cadets shall be executed in three (3) copies. The
shipowner and the cadet and the maritime institution/school shall each have a signed original of the agreement and an electronic copy thereof shall be submitted to the DOLE, through the BWC, and a signed original shall be made available onboard the ship.
Seafarers Minimum Benefits
To guarantee the decent working conditions of the seafarer, he shall be entitled to not less than the following benefits:10
a) The applicable minimum wage rates in the domicile or head office of the shipowner,
whichever is higher; b) Holiday Pay; c) Rest day; d) Overtime Pay; e) Night Shift Differential Pay; f) Service Incentive Leave; g) 13th Month Pay; h) Maternity Leave; i) Paternity Leave; j) Solo Parent’s Leave; k) Leave under R.A. 9262 (Anti Violence Against Women and Children); l) Special Leave under R.A. 9710 (Magna Carta of Women); and m) Retirement Pay under R.A. 7641.
The seafarer may receive better benefits as the foregoing minimum benefits shall be without prejudice to any company policy, contract, or collective bargaining agreement (CBA) providing for better terms and conditions of employment.
Seafarers Working Conditions11
The normal hours of work of a seafarer shall not exceed eight (8) hours a day. If the seafarer is required to work beyond eight (8) hours, the maximum hours of work shall not exceed fourteen (14) hours in any 24-hour period and seventy-two (72) hours in any seven-day period. The minimum hours of rest for seafarers shall not be less than ten (10) hours in any 24-hour
10 Sec. 2, Rule III 11 Rule III
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period, and seventy-seven (77) hours in any seven-day period. The ten (10) hours of rest may be divided into not more than two periods. One of the two periods shall be at least six hours in length. The interval between the consecutive periods of rest shall not exceed fourteen (14) hours. In cases where the hours of work exceeds fourteen (14) hours due to overriding safety and operational conditions of the ship, the hours of rest in any seven-day period shall not be less than seventy (70) hours.
The seafarer’s waiting time shall not be considered as compensable working time if the seafarer is completely relieved from his/her duty and can use the time effectively for his/her own purpose.
It is now mandatory that the shipowner post a table of the shipboard working arrangements in an easily accessible place. The shipboard working arrangements shall contain the schedule of service at sea and at port and the maximum hours of work or minimum hours of rest. The same must be in the working language and in English. A record of the seafarers’ daily hours of work or rest shall likewise be maintained by the shipowner.
The seafarer enjoys security of tenure and his/her services may only be terminated for just or authorized causes as provided under the Labor Code.
Seafarers have the right to form, join, or assist in the formation of a labor organization of their own choosing for purposes of collective bargaining and to engage in concerted activities in accordance with law. When there is a CBA, the same must be maintained onboard the ship and must be registered with the DOLE Regional Office.
Decent accommodations and recreational facilities shall be provided the seafarer in
accordance with the standards set under applicable laws.12
To ensure protection and promotion of the health of the seafarer, the shipowner shall ensure that ships carry onboard food and drinking water of appropriate quality, quantity, and nutritional value that adequately cover the requirements of the ship and take into consideration the differing cultural and religious backgrounds. The preparation of food and drinks shall be in accordance with the standards of the pertinent laws, rules, and regulations implemented by the Department of Health.13
Seafarers’ Safety and Health14
A Safety and Health Committee shall be maintained by the shipowner to develop and
implement the safety and health policies and programs to promote the welfare of the seafarers. In case of onshore health and safety committee, the shipowner shall designate a safety and health
12 Rule IV 13 Ibid. 14 Rule V
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officer onboard the ship to implement the policy and program. The shipowner shall adopt, implement, and promote OSH policies and programs on ships, consistent with the Maritime Occupational Safety and Health Guidelines (MOSH)15 for the maritime industry including the 1996 ILO Code of Practice entitled Accident Prevention On-Board Ship, at Sea, and In Port and subsequent versions.
Following are some of the Occupational Safety and Health (OSH) policies and programs that the shipowner must adopt and implement:
a) Prevention of occupational accidents and diseases, including measures to reduce and
prevent risk of exposure to harmful chemicals and physical hazards such as heat, noise, and vibration, as well as the risk of injury or disease that may arise from the use of equipment and machinery onboard ship;
b) Prevention and control of Alcoholism, Hepatitis B, HIV/AIDS, and Tuberculosis; c) Prevention of sexual harassment; d) Risk evaluation, training, and instruction to seafarers; e) Emergency preparedness; f) Promotion of drug-free workplace; g) Monitoring of work environment, engineering and design control, compliance with
safe work procedures, safe use and maintenance of machine or equipment, and the use of appropriate Personal Protective Equipment (PPE); and
h) Reporting and correction of unsafe conditions as well as investigation and reporting of onboard occupational accidents.
The shipowner shall provide adequate medical services and medicine chest onboard, and
access to shore facilities, as well as medical/trained personnel who shall provide first aid and medical care according to the MOSH. The shipowner shall ensure that seafarers have access to treatment for sickness or injury, hospitalization, and essential dental care. The seafarer shall have the right to consult a qualified physician or dentist without delay in ports of call, where practicable.
Social Security16
All seafarers shall be covered by the Social Security System (Republic Act No. 1161, as
amended by Republic Act No. 8282), Employees Compensation and State Insurance Fund (Presidential Decree No. 626), PhilHealth (Republic Act No. 7875, as amended by Republic Act No. 9241), Pag-IBIG Fund (Republic Act No. 7742), and other applicable laws. Seafarers shall be entitled to all the benefits in accordance with the respective policies, laws, rules, and regulations.
Enforcement and the Certificate of Compliance
15 See Department Order No. 132-13 or the Guidelines on Maritime Occupational Safety and Health 16 Rule VI
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The enforcement of D.O. 129 is lodged on the Secretary or his/her duly authorized representative, pursuant to Article 128 of the Labor Code, as amended. The enforcement of the Rules shall be in accordance with the LLCS. It is thus a must that all shipowners engaged in domestic shipping comply with the provisions of the Rules and Regulations (D.O. 129) and be made principally liable for any violations.
In enforcing compliance with the Rules, it is the Regional Office having jurisdiction over the
homeport of the ship which shall conduct a Joint Assessment on all covered Philippine domestic ships. After which, a Certificate of Compliance which shall be valid for 2 years shall be issued by the Regional Director to ships found to be compliant. The application for renewal of certificate shall be filed by the shipowner within sixty (60) days prior to its expiration. The application for renewal of certificate shall be filed with the issuing authority informing the place, date, and time of the availability of the ship for succeeding assessment. The new certificate shall be valid from the date of completion of the assessment.
Cessation of Validity and Compliance Visit
The Certificate of Compliance shall cease to be valid in any of the following cases:
a) Joint assessment is not completed within the prescribed period due to the fault of the shipowner;
b) Violations or deficiencies found during the conduct of joint assessment were not corrected within the prescribed period;
c) The ship changes flag; d) The shipowner ceases to assume the responsibility for the operation of the ship; e) The seaworthiness of the ship has not been certified or the certificates issued by
MARINA cease to be valid or has been revoked; and f) Other grounds as may be determined by the Secretary.
If there are reports of violation/s, imminent danger, occurrence of accident, or as may
be deemed necessary, the Secretary or his/her authorized representatives may order a Compliance Visit pursuant to the procedures of the LLCS.17 After the conduct of the Joint Assessment, the duly authorized DOLE Labor Laws Compliance Officer (LLCO) shall provide the shipowner a copy of the accomplished Maritime Labor Compliance Assessment Checklist showing the results of the assessment conducted. The accomplished Checklist shall provide guidance on the corrective measures to be undertaken by the shipowner in case of findings of deficiencies and shall serve as basis in the formulation of an Action Plan. In case no action plan is formulated within the prescribed period of ten (10) days, a Notice of Results indicating the noted deficiencies shall be issued by the LLCO.
17 D.O. No. 131-13
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In case the shipowner refuses or fails to voluntarily correct or rectify the
deficiencies noted after the conduct of the Joint Assessment/Compliance Visit within the applicable prescribed period, the Secretary or his/her duly authorized representative shall, after due notice and hearing, issue the corresponding Compliance Order to effect the necessary correction or restitution.
The Secretary or his/her duly authorized representative shall cause the prohibition of the PCG to prevent a ship from leaving port in the following instances:
a. If the findings of the joint assessment/compliance visit constitute serious breach of this
Rules and Regulations; b. Imminent danger to the ship and/or to the life or limbs of the seafarer; c. Denial of access to the ship or refusal to allow the conduct of joint
assessment/compliance visit; d. Failure/refusal to secure the required Certificate of Compliance; e. Revocation of the Certificate of Compliance; and f. Under other circumstances analogous or similar to the foregoing and other grounds as
may be determined by the Secretary.
With respect to ships of less than 200 gross tonnage, the implementation of Section 1
(Employment Agreement for Seafarers), Section 3 (Hours of Work) and Section 4 (Hours of Rest) of
Rule III shall be covered by a one (1) year phase-in program of the DOLE. The DOLE shall develop a
technical assistance plan for shipowners to facilitate phase-in and eventual compliance with the
provisions of this Rules and Regulations.
Any findings of violation of this Rules and Regulations arising from the conduct of
assessment/compliance visit shall be resolved in accordance with the LLCS.
Complaint Procedure and Mechanism When a CBA exists between the bargaining agent of the seafarers and the shipowner, the
parties shall establish a machinery for the adjustment and resolution of grievances. In the absence of a CBA, the shipowner shall establish a grievance procedure or any machinery that will ensure fair, effective and expeditious handling of seafarers' complaints for violation of this Rules and Regulations, and employment agreement.
Seafarers may avail of the DOLE conciliation-mediation service under the Single Entry Approach (SEnA) pursuant to D.O. No. 107, Series of 2010, by filing a request for assistance with the DOLE Regional/Provincial/Field Offices.
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The Maritime Industrial Tripartite Council (MITC), created by virtue of a Memorandum of Agreement entered into by the stakeholders in the maritime industry, shall exercise oversight functions to ensure the effective implementation of D.O. 130.
The Rules and Regulations shall not eliminate or in any way diminish supplements or other benefits being enjoyed at the time of the issuance thereof.
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PART TWO: The Salient Features of Department Order 130 Series of 2013-Rules and Regulations on The Employment Of Filipino Seafarers Onboard Philippine Registered Ships Engaged In International Voyage
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The Implementing Rules and Regulations Governing the Employment of Filipino Seafarers
onboard Philippine Registered Ships Engaged in International Voyage was signed by Secretary Rosalinda Dimapilis-Baldoz on 7 June 2013 and took effect on 3 July 2013. It is comprised of 11 rules which are further divided into several sections.
Coverage
D.O. 130, s. 2013, applies to shipowners and seafarers onboard Philippine registered ships
engaged in international voyage where employer-employee relationship or other forms of engagement exists. Excluded from its coverage are the following categories of ships:
1. Warships and naval auxiliaries; 2. Other government ships not engaged in commercial operations; 3. Ships of traditional build, such as pump boats; and 4. Fishing vessel.
International voyage refers to a voyage from a country to a port outside such country, or
between ports in another country or other countries. The employment of seafarers onboard fishing ships plying international waters shall be governed by separate guidelines of the Philippine Overseas Employment Administration (POEA).
Seafarer Requirements to Work on Ship
For a seafarer to work or be engaged on board a ship, he or she must be at least 18 years of
age and a holder of a valid medical certificate issued by a medical facility duly accredited by the Department of Health (DOH) and in accordance with existing rules and regulations. He must likewise be certified as competent and qualified to work, be employed or be engaged onboard a ship.
The seafarer shall not be charged directly or indirectly any fees, other charges for recruitment, placement or for providing employment to seafarers, in whole or in part. The Department of Labor and Employment and POEA’s existing guidelines on recruitment and placement and/or contracting and subcontracting work arrangement shall govern the recruitment and placement of seafarers.
The Written Agreement
Prior to commencement of employment, a written agreement between the shipowner
and the seafarer in the English language shall be executed in four original copies. The original copies shall be submitted to the DOLE through the POEA for approval. The shipowner, the seafarer, the manning agency, and the POEA shall each have a signed and approved original copy of the agreement. A signed and POEA approved original copy of the agreement must be made available onboard the ship. The shipowner shall be given an opportunity to examine and seek advice on the
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agreement before signing. The terms and conditions of employment of the seafarer shall be governed by the POEA Standard Employment Contract.
The shipowner shall maintain a minimum safe manning level onboard in accordance with
existing maritime laws and regulations. The seafarers have the right to form join or assist in the formation of a labor organization of
their own choosing for purposes of collective bargaining and to engage in concerted activities in accordance with law. If there is a CBA, the same must be registered with the DOLE through the BLR and the POEA. A copy thereof must be available onboard the ship.
Seafarers’ Working Conditions
The normal hours of work of a seafarer shall not exceed eight (8) hours a day. If the seafarer
is required to work beyond eight (8) hours, the maximum hours of work shall not exceed fourteen (14) hours in any 24-hour period and seventy-two (72) hours in any seven-day period. The minimum hours of rest for seafarers shall not be less than ten (10) hours in any 24-hour period, and seventy-seven (77) hours in any seven-day period. The ten (10) hours of rest may be divided into not more than two periods. One of the two periods shall be at least six hours in length. The interval between the consecutive periods of rest shall not exceed fourteen (14) hours. In cases where the hours of work exceeds fourteen (14) hours due to overriding safety and operational conditions of the ship, the hours of rest in any seven-day period shall not be less than seventy (70) hours.
Decent accommodations and recreational facilities onboard in accordance with the
standards set under applicable laws and regulations shall be provided the seafarers. To ensure protection and promotion of the health of the seafarer, the shipowner shall
ensure that ships carry onboard food and drinking water of appropriate quality, quantity, and nutritional value that adequately cover the requirements of the ship and take into consideration the differing cultural and religious back grounds. The preparation of food and drinks shall be in accordance with the standards of the pertinent laws, rules and regulations implemented by the Department of Health.
Safety and Health Plan and Medical Care
Shipowners are required to develop for its ships a safety and health plan. The shipowner
shall designate a Safety and Health Officer Onboard to implement the ship’s safety and health plan.
The shipowner shall adopt, implement and promote occupational safety and health policies and
programs on ships, consistent with the Philippine Maritime Occupational Safety and Health
Guidelines and the 1996 ILO Code of Practice on Accident Prevention On Board Ship, at Sea and in
Port and subsequent versions thereof, which shall include the following subjects:
a) Prevention of occupational accidents and diseases, including measures to reduce and prevent risk of exposure to harmful chemicals and physical hazards, such as heat,
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noise, and vibration, as well as the risk of injury or disease that may arise from the use of equipment and machinery on board ship;
b) Prevention and control of Alcoholism, Hepatitis B, HIV I AIDS and Tuberculosis; c) Prevention of sexual harassment; d) Risk evaluation, training and instruction to seafarers; e) Emergency preparedness; f) Promotion of Drug-free workplace; g) Monitoring of work environment, engineering and design control, compliance
withsafeworkprocedures,safeuseandmaintenanceofmachineorequipment, and the use of appropriate Personal Protective Equipment (PPE);and
h) Reporting and correction of unsafe conditions as well as investigation and reporting of on board occupational accidents.
The shipowner shall provide adequate medical services and medicine chest onboard, and
access to shore facilities, for the protection of the health of the seafarers, as well as the corresponding medical/and / or trained personnel who shall provide first aid and medical care according to the Maritime Occupational Safety and Health. The shipowner shall ensure that seafarers have access to shore based treatment for sickness or injury, hospitalization and essential dental care. The seafarer shall have the right to consult a qualified physician or dentist without delay in ports of call, where practicable.
The Maritime Occupational Safety and Health Guidelines shall be followed in as far as
implementation of the Occupational Safety and Health Policy and Program for Seafarers are concerned.
Social Security
Without prejudice to established policy, collective bargaining agreement or other applicable employment agreement, all seafarers shall be entitled to compensation and benefits under the POEA SEC and benefits provided for by the Welfare Fund for Overseas Workers, the Pag-IBIG Fund (Republic Act No. 7742), PhilHealth (Republic Act No. 7875, as amended by Republic Act No. 9241), Employees’ Compensation and State Insurance Fund (Presidential Decree No. 626), and the Social Security Law (Republic Act No 1161 as amended by Republic Act No. 8282), and other applicable laws.
Enforcement and the Certificates (DMLC 1& 2 and the MLC)
Pursuant to Article 128 of the Labor Code, as amended, the Secretary or his/ her
duly authorized representative shall have access to all ships and conduct inspection to ensure compliance with working and living standards. The DOLE Regional Office or Philippine Overseas Labor Office (POLO) having jurisdiction over the port of call of the ship shall conduct the inspection and issue corresponding Maritime Labour Certificate. The Secretary may, however authorize recognized organization (RO’s) such as members of the International Association of Classification Societies (IACS) and other
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reputable international classification organizations presently performing classification of ships in the international trade to conduct inspection of ships and issue the Maritime Labour Certificate.
The DMLC refers to the document that states the Philippine requirements to implement the Maritime Labour Convention 2006 for the working and living conditions for seafarers. The DMLC is in two parts, DMLC I and DMLC II.
The DMLC Part I is issued by the Secretary within 15 days from the effectivity of the Rules and Regulations. The DMLC Part II, which sets out the measures adopted by the shipowners to ensure compliance is accomplished by the shipowner and certified by the Secretary or his/ her authorized representative. The Maritime Labour Certificate refers to the document that certifies that the working and living conditions of seafarers on the ship have been inspected and meet the requirements of Philippine laws and regulation. The MLC is issued, upon application of the shipowner, by the Secretary or his/ her authorized representative certifying that the working conditions of seafarers on the ship, as well as measures for ongoing compliance have been inspected and meet the requirements of Philippine laws and regulations. The Certificate is valid for 5 months upon its issuance, subject to intermediate inspection which shall take place between the second and third anniversary dates of the certificate. The MLC may however be revoked on any of the following grounds:
a) Violations/ deficiencies found during the conduct of inspection were not remedied or corrected within the prescribed period;
b) Inspections are not completed within the prescribed period at the fault of the shipowner;
c) The ship changes flag; d) The shipowner ceases to assume the responsibility for the operatio of the
ship; e) The seaworthiness of the ship has not been certified or the certificates issued
by the MARINA or its classification society ceases to be valid or has been revoked; and
f) Under other circumstances analogous or similar to the foregoing and other grounds as may be determined by the Secretary.
The application for the renewal of the MLC shall be filed by the shipowner ninety
(90) days prior to its expiration with the appropriate Regional Office, POLO or authorized RO, with information as to the place, date and time of the availability of the ship for renewal inspection.
The Secretary or his/ her authorized representatives may order an unscheduled/ spot inspection, aside from the mandatory inspection prescribed herein if there are reports of violation/s of the rules and regulations, imminent danger, occurrence of accident, or as may be deemed necessary.
After the conduct of inspection, the appropriate regional office, POLO or duly authorized RO shall submit an inspection report to the Secretary, copy furnished to the Master of the Ship. A copy of the report shall be posted in the notice board of the ship and a copy may be sent to the seafarer’s representative upon request.
Where the Maritime Labour Certificate of a ship that is in a Philippine Port has not been issued/ renewed or has been revoked, the Secretary or the Regional Director
14
shall cause the Philippine Coast Guard to prevent a ship from leaving port. In the case of ships outside Philippine territory, the Secretary shall direct his/ her authorized representative/ to serve the notice of non-issuance/ non renewal or revocation on the ship and to the concerned port State control authority.
Should there be findings of violations of the Rules and Regulations arising from the conduct of inspection, the same shall be resolved in accordance with the applicable rules and regulations in the disposition of labor cases.
Posting Requirement:
The Certificate should be posted by the shipowner in a conspicuous place onboard where it is available to the seafarer. The DMLC Parts I and II shall be attached to the Maritime Labour Certificate.
Complaint Procedure and Mechanism
The grievance procedure provided in the POEA Standard Employment Contract shall be observed. Should there be an existing CBA between the bargaining agent of the seafarers and the shipowner, the parties shall settle their grievances in accordance with the procedure or machinery provided therein.
When onshore, seafarers may avail of the conciliation-mediation services of the DOLE by filing a request for assistance before conciliation – mediation desks of the POEA or at the Regional / Field/Provincial or POLO Offices of the DOLE.
The Maritime Industrial Tripartite Council, created by virtue of a Memorandum of Agreement entered into by the stakeholders in the maritime industry, shall exercise oversight functions to ensure the effective implementation of this Rules and Regulations.
The Rules and Regulations shall be construed to eliminate or in any way diminish supplements or other benefits being enjoyed at the time of the issuance of this Rules.
Existing Rules and Regulations issuances and policies inconsistent with the department order are deemed repealed or modified.
15
PART THREE: Standard Operating Procedures
16
Sub-Part III.1 PROCEDURE IN THE CONDUCT OF JOINT ASSESSMENT (JA)
ONBOARD Philippine Domestic Ship
3.1
sasas
a
3(a)
3(a)
3(a)
5.1.
Immediately upon receipt of Ship
owner’s confirmation
DOLE-RO SET THE
SCHEDULE OF THE JA
AUTHORITY TO ASSESS
CONDUCT OF JA
EXIT CONFERENCE
FORMULATION OF ACTION
PLAN
W/
Action
Plan?
RO to Issue Notice of Result, Rules on Disposition
of Cases shall apply
Shipowner
informed
RO of
Availability
of ship?
(a) Pre-JA Conference with shipowner/shipmaster (b) Selection of Seafarer’s Representative (c) Documents review (d) Seafarer’s Interview (e) Ship Walk Around (f) Accomplishing the Maritime Labor Compliance Assessment
Checklist (DS FORM E)
With Noted Deficiencies
/ Non Conformities
?
Approval of Action
Plan
Approve
d?
DOLE RO to recommend
to PCG to prohibit ship
to leave port until the
shipowner informs the
DOLE of the availability
of ship for JA. Response within 5 days upon
Receipt of Notice. The ship should
be made available for JA within
30 days upon receipt of notice.
Within 3 days upon Receipt of Ship owner’s confirmation
During the schedule of JA
Immediately after the conduct of Joint Assessment
Immediately after Joint Assessment or
Within 10 days after Joint Assessment
LLCO Issues Notice of Results indicating Compliance with D.O. 129-13
For Issuance of COC
For follow-up assessment:
If deficiency is corrected, LLCO to recommend to RD the Issuance of Certificate of Compliance
No status report/action plan not fully implemented, RD to issue Compliance Order.
NOTIFICATION OF
SHIPOWNER PRIOR TO JA
RO to invite shipowner to Conference to revise Action Plan
YES
1.3
YES
NO
YES
NO YES
NO
1
1
2
FLOW CHART 1
3
4
7
5
3
6
Shipow
ner/mas
ter
allows
JA?
LLCO issues Notice of Results
DOLE RD recommends to PCG to prohibit ship to leave the port.
NO
YES
NO
1.2
3.2
sasas
a
3(a)
3(a)
3(a)
6.1
1.2
5.1.1
1.1
17
Consistent with the procedures of the Labor Laws Compliance System (LLCS), this
section discusses the procedures in conducting the Joint Assessment (JA) onboard a
Philippine Registered Ships (PRS) engaged in domestic shipping to determine compliance with the provisions of Department Order No.129, series of 2013 (D.O.129-13) and other applicable rules and regulations.
The JA may be carried out in the following instances: a. Through the initiative of the Department of Labor and Employment-Regional Office
(DOLE-RO) having jurisdiction over the ship subject of JA. (STEP 1 shall commence) or
b. Through the written request of the shipowner for the purpose of securing a Certificate of Compliance (COC) or renewal of the same. (Upon receipt of DOLE-RO of said request of shipowner, STEP 2 shall commence)
In order to minimize the interruption of the operation of PRSs subject of the JA, the
DOLE- RO shall schedule the conduct of JA at the reasonable convenience of the shipowner. The conduct of the JA shall be undertaken during port stays and/or while PRSs are underway to its next voyage. In coordination with MARINA and the PCG, the DOLE-ROs may synchronize its JA with the aforementioned government agency’s schedule of inspection and certification. The said undertaking shall be covered by the necessary Memorandum of Agreement including its operational procedures between the aforementioned government agencies.
Step 1: Notification of Shipowner Prior to JA
KEY RESULT: The shipowner is notified. KEY PLAYERS: DOLE-RO and Shipowner SAMPLE FORM: Notification Letter to Shipowner (DS FORM A) TIME FRAME: Within fifty (15) days prior to scheduled JA.
1.1 Notice to the Shipowner. Prior notice shall be send to the shipowner on the
intention of the RO to conduct the JA. The form and template of the notice is provided in this manual as “DS FORM A”. The notice shall be sent through registered mail, personal delivery or any form of recognized service.
1.2 Required Response of the Shipowner. The shipowner, within five (5) days upon receipt of the said notice, shall inform the DOLE-RO on the date, time and place of the availability of the ship. The said schedule of JA shall be within thirty (30) days upon receipt of the notice by the shipowner. The shipowner shall fill-up a confirmation form attached to the notice.
For operational convenience of the shipowner, the same may request the DOLE
Regional Office having jurisdiction over the homeport of the ship transfer of the conduct of assessment to another DOLE Regional Office.
1.3 Failure of the Shipowner to Respond. In case the shipowner fails or refuses to
respond to the notice of the DOLE-RO, the latter shall recommend to the Philippine Coast Guard (PCG) to prohibit the ship from leaving until the shipowner agrees to submit its ship to a JA as required in the preceding section.
18
Step 2: DOLE-RO Set the Schedule of the JA
KEY RESULT: The schedule of JA is set. KEY PLAYERS: DOLE-RO SAMPLE FORM: Acknowledgement Notice (DS FORM B) TIME FRAME: Within three (3) days upon receipt of the confirmation of shipowner.
2.1 Acknowledgement Notice. Within three (3) days upon receipt of the confirmation
of the shipowner of the ship’s availability for JA, the DOLE-RO shall notify the shipowner of the schedule of the conduct of JA.
2.2 Mode of Acknowledgement. The DOLE-RO shall notify the shipowner through the
fastest available means of communication possible regarding the schedule of the conduct of the JA.
Step 3: Authority to Assess (AA)
KEY RESULT: The Authority to Assess is issued. KEY PLAYERS: DOLE Regional Director (RD) Labor Laws Compliance Officer (LLCO) SAMPLE FORM: Authority to Assess (DS FORM C) Notice of Results (DS FORM D) TIME FRAME: Immediately upon notification of the shipowner on the schedule of JA.
3.1 Authority to Assess. Immediately after the notification of the shipowner of the
schedule of the availability of the ship, the DOLE RD shall issue the AA to LLCO who shall be assigned to conduct the JA.
3.2 Refusal to Grant Access to Ship or Allow JA. Upon issuance of the AA, the
LLCO shall proceed with the conduct of JA where the ship is situated or docked. In case, the shipowner or the shipmaster refuses to grant access to the ship or refuses to allow the conduct of the JA, the LLCO shall issue a Notice of Result (NR) citing the shipowner or the shipmaster as the case maybe, in violation of Article 128 (a) of the Labor Code of the Philippines (LCP), as amended.
3.3 Required Narrative Report. In instances cited in the preceding section, the LLCO
shall submit the corresponding narrative report regarding the matter and the necessary documentation shall be attached to the said report. The report shall provide the specific details on the manner by which the shipowner or the shipmaster refused to grant access to the ship or allow the conduct of JA. The documentation shall include the AA issued to the LLCO and NR issued to the Shipowner/Shipmaster. Likewise, the corresponding affidavit shall be executed by the LLCO regarding the matter. The DOLE-RO shall initiate the appropriate action for the filing of criminal complaint with the Prosecutors’ Office in relation to violation of Article 128 and Article 288 of the LCP, as amended.
3.4 Recommendation to the PCG. The DOLE-RD, upon finding that the report of the
LLCO is in order, the same shall recommend to the PCG to prohibit the concerned
19
ship from leaving port until the shipowner/shipmaster allows access to ship and grants the conduct of a compliance visit.
3.5 Conduct of Compliance Visit. In cases where the shipowner/shipmaster was
compel to grant access through the intervention of the PCG, the LLCO assigned to the ship shall conduct a Compliance Visit and the procedures thereof are prescribed in Section II of this manual.
Step 4: Conduct of JA
KEY RESULT: JA is Conducted
Determine Compliance with the provisions of D.O.231-13 and Other Applicable Rules and Regulations
KEY PLAYERS: LLCO, Shipowner/master and Seafarer’s Representative SAMPLE FORM: Maritime Labor Compliance Assessment Checklist (DS FORM D) Seafarer’s Affidavit (DS FORM F) Standard Employment Agreement for Seafarers (DS FORM G) Shipboard Training Agreement for Cadets TIME FRAME: During the Schedule of JA.
The following shall be undertaken by the LLCO:
a. Pre-JA Conference with the Shipowner/Master. This conference shall be made as briefly as possible to include the presentation of the LLCO’s credential such as ID and Authority to Assess. The LLCO shall explain to the shipowner/Master the purpose of such assessment and the manner by which it will be conducted including permission of the shipowner/master to examine ship’s and crew’s documentation and employment records. The conduct of JA shall also include the participation of the seafarer’s representative during the physical assessment of the working and living aboard the ship.
b. Selection of Seafarers’ Representative. The selection of the Seafarers’
representative shall represented by the following:
b.1 any seafarer officer or member of a union or collective bargaining unit aboard the ship during the conduct of JA;
b.2 any seafarer that is a member of any committee established by the shipowner/master aboard the ship; and
b.3 In the absence of the above, the LLCO may randomly select the seafarers’ representative.
c. Documents Review. Review of all pertinent documentary requirements shall
be undertaken by LLCO to support the findings to be made after the assessment.
d. Seafarer’s Interview. In order to obtain relevant information to substantiate
or support the assessment of the LLCO, seafarer’s interview is essential. The said undertaking shall validate what is stated in the records presented by the shipowner/master. Sampling shall be undertaken on both officers and
20
crewmembers of the ship. A sample affidavit for seafarer is provided in this manual.
e. Ship Walk Around. The LLCO shall be accompanied by both the
shipowner/master and the seafarer’s representative during the assessment of the living and working conditions aboard the ship.
f. Documentation of Information and Assessment. The LLCO shall be
guided by the herein provided Maritime Labor Compliance Assessment Checklist (MLCAC). The hereunder matrix shall serve as a guide in accomplishing the checklist.
MARITIME LABOR COMPLIANCE ASSESSMENT CHECKLIST (MLCAC) Instruction: This Checklist shall be utilized as a guide in determining compliance with the rules and regulations governing the employment and working conditions of Filipino seafarer aboard Philippine Registered Ship (PRS) engaged in domestic shipping as prescribed in Department Order No. 129, series of 2013, including the Philippine government's obligations and responsibilities under the Maritime Labor Convention, 2006. Upon completion of the assessment, the accomplished checklist shall be provided to the shipowner or his/her duly authorized representative to serve as a guide in the formulation of their action plan to correct deficiencies noted herein. The LLCO shall accomplished this checklist in quadruplicates (4) copies, the original shall be for the Regional Office, the second copy for the shipowner and the third copy to be posted on the ship's notice board for the information of the seafarer. The fourth copy shall be send to the Bureau of Working Conditions every 5th day after the reference month of reporting. Part I. General Information. Put a Check () Mark in the appropriate box to indicate the date & type of visit being undertaken (Joint Assessment, Compliance Visit and Occupational Safety and Health Investigation) and state the name of shipowner/master and seafarer’s representative. Fill-up the General Information with the appropriate/applicable entries.
The Information required in this part may be obtained thru interview of shipmaster, seafarers, documentation from MARINA such as International Tonnage Cert., Ship Safety Cert., Crew list Cert. of Phippine Registry, Minimum Safe Manning Cert. among others.
MARITIME LABOR COMPLIANCE ASSESSMENT CHECKLIST (MLCAC)
PART II. Maritime Labor Compliance Requirements and Compliance Indicators. This part requires that the LLCO determines if the enumerated compliance indicators are complied with. A check () mark shall indicate compliance while an X mark shall indicate non-compliance. In instances where there is non-compliance, the LLCO shall cite the specific deficiencies and the recommended corrective action/s to be undertaken including when it should be undertaken. In case of compliance, state the proof or equivalency to compliance.
Rule II- Minimum Requirements for Seafarers to Work on a Ship
1. Minimum Age Must be 18 years old and above, pursuant to Rule II, Section 1 of DO 129-13 and Republic Act (RA) 9231 prohibiting the employment of persons below 18 years in hazardous work. The above provision shall not be applicable to Cadets onboard training. See Seafarer’s Identification and Record Book (SIRB) or Seafarer’s Identification Book for
21
those onboard Philippine-Registered Vessels below 35 GT
How to check :
• Check a crew list, a birth certificate or other official document confirming seafarers’ birth dates.
Check work schedule with respect to cadets to determine hours and nature of work.
Check accident reports and safety committee reports to determine whether cadets 18 years or below were involved.
Confirm information through interviews with a representative number of seafarers.
2. Medical Certificate Must hold a valid medical certificate issued by a medical facility duly accredited by the Department Of Health (DOH) pursuant to Rule II, Section 2 of DO 129-13. Must be in DOH format providing details of hearing/sight/color vision and statement that the seafarer is fit to work and no medical condition shall be aggravated by service at sea. See DOH Seafarer’s Medical Examination Certificate.
How to check :
• Check the crew list. • Check for valid medical certificates stating that
seafarers are medically fit to perform their duties.
• Provide details of hearing/sight/colour vision.
Check (by reviewing work schedules and interviews) that medical restrictions on work for individual seafarers are being respected and that seafarers are not assigned to or carrying out work contrary to these restrictions.
Check that the medical certificate has been issued by a duly qualified medical practitioner.
3. Training and Qualification
Only seafarers certified by appropriate government agencies shall work, be employed or be engaged onboard a ship pursuant to Rule II, Section 3 of DO 129-13, the Seafarer’s Training Certification and Watchkeeping Code (STCW) and the requirements of the Maritime
22
Industry Authority (MARINA) for Manning Level shall apply.
How to check :
• Check the minimum safe manning document (SMD) to verify the qualifications of the seafarers.
• Check certificates for STCW personnel
confirming seafarer’s competency with respect to their duties (check crew list to determine duties).
• Check for evidence confirming that all
seafarers have successfully completed training for personal safety on board ship.
• Check a copy of the training material that is issued to the crew.
• Interview a representative number of seafarers to confirm training.
4. Recruitment and Placement
No fees or other charges for recruitment, placement or for providing employment to seafarers shall be borne directly or indirectly, in whole or in part, by the seafarer. Fees for pre-employment medical examination may be shouldered by the seafarers.
How to check :
Check documentation or other information to allow the Compliance Officer to ascertain the direct engagement, seafarers were recruited and engaged by the shipowner. If this is the case, this fact should be noted and no further action is necessary.
• Check, by interviewing a representative number of seafarers, that they have not paid a fee or other charge to a recruitment or placement service and have been informed of their rights and duties.
Rule III-Conditions of Employment
5. Employment Agreement for Seafarers (EAS)
Should conform to the terms and conditions set forth in Rule III, Section 1 of DO 129-13. Standard template for employment agreement is provided in this manual as FORM I. EAS :
Shall be in a working language and in English.
23
Executed in three (3) original copies Both shipowner and seafarer shall
have a signed original of the agreement
An electronic copy submitted to DOLE thru the BWC
Signed original must made available onboard the ship
How to check :
Check a copy of the Employment Agreement for Seafarer (EAS) and any applicable collective bargaining agreements for seafarers.
Check, where possible, given the timing of the assessment/compliance visit relative to employment period, possession by seafarers of a record of their employment (or request that such records are submitted to the LLCO at a later date).
Interview a representative number of seafarers to confirm that, on signing a EAS, seafarers were given an opportunity to examine and seek advice and freely accepted the agreement before signing.
6. Minimum Benefits
6.1 Minimum Wage
- Basic Wage - Cost of Living Allowance (COLA),
if applicable
6.2 Meal Period
6.3 Weekly Rest Periods
6.4 Overtime Pay
(See Applicable Wage Orders in the domicile or head office of the shipowner, whichever is
higher)
Not less than one hour time-off for regular meals, which is not compensable? Shorter meal period of not less than 20 minutes may be given provided that is credited as compensable hours of work and subject to certain conditions Not less than 24 consecutive hours after every six (6) consecutive normal workdays) additional 25% of hourly rate for work performed on ordinary day; Additional 30% for rest day, special or regular holiday With pay even if unworked; work on regular holiday shall be paid additional 100% of daily
24
6.5 Regular Holiday Pay
6.6 Premium Pay for Special Day
6.7 Premium Pay for Rest Day Work
6.8 Night Shift Differential
6.9 Service Incentive Leave
6.10 Separation Pay
6.11 13th Month Pay
6.12 Maternity Leave
6.13 Paternity Leave
6.14 Solo Parent Leave
6.15 10 days Leave for Victims of Violence Against Women and their Children
6.16 Special Leave for Women
rate; work on regular holiday falling on employee rest day shall be paid 200% plus 30% thereof.
No work no pay; work on special days shall be paid regular wage plus at least 30%; special day work falling on employee's scheduled rest day shall be paid additional 50% of daily rate.
Additional 30% of daily rate for work performed on rest days; additional 50% for work performed on a rest day which is also a special day; additional 30% of the regular holiday rate of 200%. Not less than 10% of regular wage for each hour of work performed bet 10pm - 6am.
Five days with pay per year for those with at least one year of service; commutable to its money equivalent if not used within one year/2.5 days for every month if provided in employment contract. Where termination is due to authorized causes-Art. 283 & 284 of LCP. P.D. 851, not less than 1/12 of total basic salary earned within calendar year. Does not include COLA and other benefits not integrated as part of basic salary. To be paid not later than 24 December of each year. R.A. 8282) (60 days for normal delivery/78 days for ceasarian section; benefit for first 4 deliverie, abortion/miscarriage.
RA 8187-seven days with pay including allowance for the first 4 deliveries; not convertible to cash. R.A. 8972-not more than 7 working days every year. R.A. 9262 R.A. 9710-2 months of leave w/ full pay based on her gross monthly compensation due to gynecological disorder surgery.
25
6.17 Retirement Pay
6.18 Service Charges
6.19 Records Keeping
6.20 Time of Payment of Wages
RA 7641/R.A. 8558) (distinct and separate from SSS benefits)Optional - age 60 but not more than 65 & 5 years service, Compulsary-age 65 & 5 years of service.
If collected onboard ship. 85% shall be distributed equally among the rank-and-file employees and 15% for management to answer for losses and breakeges and for distribution to managerial employees at the discretion of management) Documentation shall be onboard the ship Wages shall be paid not less than once every 2 weeks or twice a month at intervals not exceeding 16 days
7. Hours of Work & Rest
7.1 Hours of Work
Flexibility may apply due to overriding safety and operational conditions of the ships.
7.2 Hours of Rest
7.3 Posting & Record Keeping of
The normal hours of work of a seafarer shall not exceed eight (8) hours a day. If the seafarer is required to work beyond eight (8) hours, the maximum hours of work shall not exceed fourteen (14) hours in any 24-hour period and seventy-two (72) hours in any seven-day period. The minimum hours of rest for seafarers shall not be less than ten (10) hours in any 24-hour period, and seventy-seven (77) hours in any seven-day period. The ten (10) hours of rest may be divided into not more than two periods.
One of the two periods shall be at least six hours in length. The interval between consecutive periods of rest shall not exceed fourteen (14) hours. In cases where the hours of work exceeds fourteen (14) hours due to overriding safety and operational conditions of the ship, the hours of rest in any seven-day
period shall not be less than seventy (70) hours.
Waiting time shall not be considered as compensable working time if the seafarer is completely relieved from his/her duty and can use the time effectively for his/her own purpose. The shipowner shall post, in an easily accessible place, a table of shipboard working
26
Shipboard Working Arrangement. arrangements containing the schedule of service at sea and at port, and the maximum hours of work or minimum hours of rest in working language and in English. (See Table Format of Shipboard Working Arrangement as Annex 10)
How to check :
Check that there is an approved standardized table of shipboard working arrangements setting out the prescribed requirements for maximum hours of work or the minimum hours of rest and the schedule for service at sea and in port, posted in an easily accessible place on the ship.
Check the working arrangement listed in the table.
Check documents (the EAS) or the relevant collective agreement and other documents, such as the bridge and engine room logbooks, that can also be checked) to confirm that:
– minimum hours of rest are not less than
ten hours in any 24-hour period, and 77 hours in any seven-day period;
– or, if it relates to hours of work, the
maximum hours of work do not exceed 14 hours in a 24-hour period and 72 hours in any seven-day period.
Check for a table of working arrangements or schedule in the working language or language of the ship and in English.
Check that there are up to date records of work or rest, as required for each seafarer serving on the ship.
8. Right to Security of tenure Seafarers shall enjoy security of tenure in their employment as provided by law. Their services can only be terminated for just or authorized causes pursuant to the provisions of the Labor Code, as amended.
9. Right to Self-Organization and Collective Bargaining
Seafarers shall have the right to form, join or assist in the formation of a labor organization of their own choosing for purposes of collective bargaining and to engage in concerted activities in accordance with law.
27
When there is a CBA, it shall be registered with the concerned DOLE Regional Office. A copy thereof shall be maintained onboard the ship.
Rule IV-Accommodation, Food and Catering
10. Accommodation*
10.1 Sleeping Quarters/rooms 10.2 Mess rooms 10.3 Sanitation facilities 10.4 Recreational facilities 10.5 Hospital Accommodation
*Flexibilities may be granted in the following instances.
1. If the next port of call is not the place of domicile of the seafarer, the same shall be provided with onshore accommodation/sleeping room during his/her rest period taking into consideration the need for off accommodation.
2. Those engaged in short voyages which allow members of the crew to go home or to make use of comparable onboard or onshore facilities for part of each day.
Decent accommodations and recreational facilities are onboard. The following shall be looked into:
General arrangement plans of the ship’s accommodation are available and up-date (Applicable to 500GT and Over)
Records of the Master’s inspections of the ship’s accommodation are maintained and available
Accommodation spaces are clean and in good state of repair and fixtures and fittings are in place and in good working order
Mess rooms are clean, hygienic and comfortable
Bedding is clean and hygienic Heating and ventilation, including
air conditioning, where fitted, is adequate and well maintained
Sanitary facilities are accessible, hygienic and working correctly
Laundry facilities are in good working order
Adequate natural & artificial lighting is available.
Noise & vibration are within limits Recreational facilities may
include TV/DVD, exercise equipment and games.
Hospital Accommodation as may be applicable.
How to check :
Check the construction plan of the ship that shows dimensions and identifying the use to be made of each room or other area.
Check the crew list compared to the number of sleeping rooms and berths.
Carry out a visual observation of seafarers’ on-board accommodation and recreational facilities with particular attention paid to the
28
following requirements in the MLC, 2006,
*If the ship is constructed after August 2013 when the convention (MLC, 2006) is into force –See Annex 12 – Matrix of Requirements for Accommodation
*If ship is constructed before 20 August 2013, the crew accommodation should be in accordance with ILO C92 and C133 –See Annex 12 – Matrix of Requirements for Accommodation
Check the on-board records to confirm that frequent inspections are carried out by, or under the authority of the ship’s master.
Check that measures are being taken on the ship to monitor noise and vibration levels in seafarers’ working and living areas.
11. Food and Catering 11.1 Food handlers (Steward, cook &
messman) 11.2 Potable water (Testing at
intervals not more than six (6) months)
11.3 Potable water storage tanks (Disinfected, if test result shows contamination)
*Flexibility shall apply for ships with less than ten (10) crews and engaged in voyages less than three (3) days for the engagement/employment of trained, qualified and certified cook.
Ship shall carry onboard food and drinking water of appropriate quality, quantity and nutritional value that adequately cover the requirements of the ship and take into consideration the differing cultural and religious backgrounds. Ship’s cook must hold appropriate qualification
The galley is clean, hygienic and in a good state of repair
Spaces used for the storage of food are clean, hygienic and in a good state of repair
Temperature of refrigerators and freezers are appropriate
All other catering staff or food handler are trained.
How to check :
Check documents to confirm that the ship’s cooks are 18 years old or older and that the ship’s cooks are trained, qualified and competent for their positions in accordance with the TESDA requirements. In cases where a fully qualified cook is not required, check that seafarers processing food in the galley are trained or instructed in food and personal hygiene and handling and storage of food on board ships.
29
Check on-board records to confirm that frequent and documented inspections are made of:
supplies of food and drinking water;
spaces used for handling and storage of food;
galleys and other equipment used in the preparation and service of meals;
visual observation of catering facilities, including galleys and store rooms, to check that they are hygienic and fit for purpose.
• Check that food and drinking water is of an
appropriate quality and quantity and nutritional value by:
checking drinking water quality and ascertaining how the quality is monitored;
reviewing menu plans together with visual observation of food supplies and storage areas to ensure that the food supplied is varied in nature.
• Check, by interviewing a representative number of seafarers, that they are not charged for food and are provided with drinking water and that food and drinking water is of appropriate quality and quantity.
Rule V-Occupational Safety and Health
12. Occupational Safety and Health (OSH) Policy and Program
(Provision of the Maritime Occupational Safety and Health Guidelines shall also apply.)
Must conform to the provisions of Rule V, Section 1 of DO 129-13 prescribing the following components OSH policy and program.
a. Prevention of occupational accidents and diseases, including measures to reduce and prevent risk of exposure to harmful chemicals and physical hazards, such as heat, noise and vibration, as well as the risk of injury or disease that may arise from the use of equipment and machinery onboard ship;
b. Prevention and control of Hepatitis B, HIV/AIDS and Tuberculosis;
30
12.1 Safety and Health Officer
13. Safety Protection and Accident Prevention
13.1 Work Permit System for Confined Space
13.2 Electrical Safety Requirement
c. Prevention of sexual harassment; d. Risk evaluation, training and
instruction to seafarers; e. Emergency preparedness; f. Promotion of drug free workplace; g. Monitoring of work environment,
engineering and design control, compliance with safe work procedures, safe use and maintenance of machine or equipment, and the use of appropriate Personal Protective Equipment (PPE); and
h. Reporting and correction of unsafe conditions as well as investigation and reporting of onboard occupational
accidents. The shipowner shall establish a safety and health committee, onboard or ashore, to develop and implement the safety and health policy and programs to promote the welfare of the seafarers. The committee shall be established onboard on which there is five (5) or more seafarer. A Safety and Health Officer shall be designated to implement the OSH policy and programs onboard the ship. He/she must be a holder of the following:
1. Basic Occupational safety and Health (BOSH) certificate issued by DOLE or DOLE accredited training organization, and
2. Approved training in first aid and medical care as required by STCW.
The shipowner shall ensure that the following shall be observed onboard for safety, protection and accident prevention: 1. Confined Space
a) A seafarer must not enter a confined space without having been issued a work permit.
b) If a hazardous substance maybe produced in a confined space by the work to be performed, the confined space must be ventilated and each seafarer granted access to the confined space must use a respiratory protective
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13.3 Fall Protection System (if applicable)
13.4 Materials Handling and Storage
device or breathing apparatus. 2. Electrical Safety
a) All testing or work performed on electrical equipment must be in accordance with the Philippine Electrical Standards or its equivalent international standards and must be performed only by a seafarer with required training and skill in electrical work. The seafarer must use insulated protection and tools that will protect him from injury.
b) If a seafarer is working on or near electrical equipment that is live or may become live, the electrical equipment must be guarded.
3. Hot Work Operations
a) A sufficient number of fire extinguishers shall be provided in the working and adjoining areas.
b) Hot work must not be performed in a working area where flammable gas, vapour or dust may be present in the atmosphere.
c) Gas cylinders must be properly placed and securely stored in an upright position.
4. Fall Protection System The shipowner must provide a fall-protection system to every seafarer who is granted access to an unguarded work area that is:
a) More than two (2) meters above the nearest permanent safe level;
b) Above any moving parts of machinery or any other surface or thing that could cause injury to a seafarer on contact; or
c) Above an open hole.
5. Materials Handling and Storage a) Use of Mechanical Equipment. - Where
mechanical handling equipment is used, sufficient safe clearance shall be allowed for aisles, at loading docks, through doorways and wherever turns or passage must be made. Aisles and passageways shall be kept clear with no obstruction across or in aisles that could create a hazard. Permanent aisles and passageways shall be appropriately marked.
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13.5 Fire Prevention and fire fighting and Emergency Response Plan
b) Carriage Lifting. - Every seafarer who is
required to handle loads manually should be properly trained. Before lifting and carrying weights, seafarers should first inspect the load as regards its weight, size and shape. The use of Lifting Aids should be encouraged. Attention should be given to sharp edges, protruding nails or splinters, greasy surfaces or any other features which might lead to an accident.
c) Secure Storage. - Storage of material
shall not create a hazard. Bag containers, bundle, etc., stored in tiers shall be stacked, blocked, interlocked and limited in height so that they are stable and secured against sliding or collapse.
d) Housekeeping. - Storage areas shall be
kept free from accumulation of materials that constitute hazards of tripping, fire, explosion, or pest harborage. Controls for perishable items shall be exercised accordingly and in compliance with existing regulations. As far as practicable, the working surface used by a seafarer must be kept free of grease, oil or any other slippery substance and of any material or object that may create a hazard to a seafarer.
6. Fire Prevention, Fire Fighting and Emergency Response a) Fire protection equipment must be
installed, inspected and maintained on board every vessel in accordance with the Fire Detection and Extinguishing Equipment Regulations of PMMRR and relevant Maritime International Conventions.
b) Every shipowner must prepare emergency procedures, including evacuation or abandon ship procedures in accordance with the Emergency Drills of relevant conventions and Means of Escape or Regulations VIII/3 of PMMRR and relevant Maritime International Conventions.
c) Notices that set out the details of the emergency procedures must be posted in conspicuous places that are accessible to every seafarer in the ship.
d) Every seafarer must be trained and
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13.6 Provision of appropriate Personal Protective Equipment
14. Hazard Risk Evaluation and Control
14.1 Adequate ventilation
14.2 Adequate lighting
instructed on the procedures to be followed by a seafarer in the event of an emergency, and the location, use and operation of fire protection equipment and emergency equipment provided by the shipowner.
e) Each ship and manned barge shall carry life jackets accessible to every person on board. In addition, they shall carry a sufficient number of life jackets for persons on watch.
f) Each ship and manned barge provided with survival crafts without enclosures shall carry at least two thermal protective aids in every craft.
7. Personal Protective Equipment
a) As provided in the Occupational Safety and Health Standards (OSHS), the ship owner shall, at his/her own expense furnish the seafarer with protective equipment for the eyes, face, hands and feet, protective shields and barriers whenever necessary by reason of the hazardous nature of the process or environment, chemical, physical, radiological or other safety hazards capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact.
b) All personal protective equipment shall be of the approved design and construction appropriate to the exposure and the work to be performed.
c) The ship owner shall be responsible for the adequacy and proper maintenance of personal protective equipment used in his workplace.
d) No person shall be subjected or exposed to a hazardous environmental condition without proper protection.
The shipowner shall exert effort to maintain and control the working and living environment in comfortable and healthy conditions for the purpose of promoting and maintaining the health of the seafarers. 1. Ventilation
a) The shipowner shall ensure that suitable
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14.3 Prevention of noise and vibration
14.4 GHS labelling & SDS for hazardous substances
atmospheric conditions shall be maintained in workrooms with machineries and other accommodation spaces by either natural or artificial means to avoid insufficient air supply and accumulation of contaminated air.
b) Excessive heat or cold, sudden variations in temperature, excessive humidity or dryness or objectionable odors shall be controlled for the protection of seafarers from the adverse effects of these hazards.
2. Lighting
a) Lighting standard does not apply to: 1) a vessel of less than 200 gross tonnage; 2) the bridge of a vessel; and 3) the exterior deck of a vessel where lighting levels may create a hazard to navigation.
b) All areas shall be illuminated by natural light or provided with adequate artificial light.
c) Every ship shall be equipped with an emergency lighting system that operates automatically in the event of a failure of the lighting system or if the regular power supply is interrupted. This is to provide sufficient illumination to allow the seafarers to safely exit from confined spaces and proceed through passageways and stairways to the open deck.
d) The average level of lighting on vessels must not be less than the recommended average level in lux.
3. Prevention of Noise and Vibration
a) The level of sound in the workplace must be less than 85 decibels (dB). If it is not reasonably practicable for the shipowner to maintain the level of sound at less than 85 dB, feasible engineering or administrative controls shall be utilized If such controls fail to reduce a sound within this level, ear protective devices capable of bringing the sound level to permissible noise exposure shall be provided by the ship owner and used by the seafarer.
b) In a workplace where the level of sound
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15. Occupational Health Program 15.1 Compliance to DOLE D.O. on
prevention and control of: 15.1.1 HIV/AIDS 15.1.2 Hepatitis B 15.1.3 Tuberculosis 15.1.4 Drug and Alcohol
Dependency 15.2 Workplace Violence Prevention
Policy 15.3 Prevention of sexual harassment
policy and program
15.4 Medical Care Onboard Ship and Ashore
15.4.1 Medicine Chest, Medical Equipment and Medical Guide
15.4.2 Medical Records
is 85 dB or more, the employer must put signage and warnings to persons entering the workplace.
c) Accommodation and recreational and catering facilities must be as far as practicable insulated from the engines, steering gear rooms, deck winches, ventilation, heating and air conditioning equipment and other noisy machinery and apparatus.
d) Working spaces such as the machine shop must be, as far as practicable, insulated from the general engine-room noise and measures must be taken to reduce noise in the operation of machinery.
e) Accommodation or recreational or catering facilities must not be exposed to excessive vibration.
f) A seafarer must not be exposed to a continuous level of sound more than 75 decibel in crew.
4. Hazardous Substances a) All containers with hazardous
substances shall be properly labelled in accordance with Globally Harmonized System. No shipowner within the scope of this Rule shall accept any container of hazardous substances for use, handling, storage or disposal on a vessel unless such container is labelled with the following:
1) the trade and chemical name of the substance
2) the hazardous properties of the substance
3) hazard statements 4) precautionary statements 5) manufacturers identity
b) All hazardous substances for use, handling and storage on a vessel should have Safety Data Sheet (SDS) from the supplier and shall keep a copy of SDS readily available in the ship for information of the seafarers.
c) Seafarers shall be given careful instructions if special precautions need to be taken since when operations would produce fumes may be produced and depleted oxygen.
d) A seafarer must not be exposed to a
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16. Reportorial Requirements 16.1 Report on Safety and Health
Organization 16.2 Shipowners Work Accident and
Illness Report 16.3 Accident and Illness statistics
analyzed
concentration of an airborne chemical agent in excess of the threshold limit value for that chemical agent prescribed by the Occupational Safety and Health Standards.
Occupational Health Program
Occupational Health Program (OHP) aims to
prevent accidents, illnesses or deaths and to
promote the health of seafarers.
The OHP shall comply with:
The required medical examinations of the
Department of Health for Seafarers and provide
other preventive health services such as
immunizations, health awareness campaigns,
health programs addressing physical and mental
fatigue and the like.
DOLE issuances on the prevention and control
of HIV/AIDS, hepatitis B, tuberculosis, and the
effects of drug and alcohol dependency.
The shipowner shall provide adequate medical
services and medicine chest onboard, and
access to shore facilities for the protection of the
health of the seafarers, as well as the
corresponding medical and/or trained personnel
who shall provide first-aid and medical care
pursuant to the Maritime Occupational Safety
and Health Guidelines (MOSH). Likewise,
medical records of seafarer shall be maintained.
Confidentiality of such records shall be
observed.
The shipowner shall ensure that seafarers have access to treatment for sickness or injury, hospitalization and dental treatment. The seafarer shall have the right to consult a qualified physician or dentist without delay in ports of call, where practicable.
Every shipowner shall:
a) Submit to the DOLE through its Regional Office the Report on Safety and Health
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Organization and the Shipowners Work Accident and Illness Report that records the number of accidents, instances of occupational disease and other hazardous occurrences of which the shipowner is aware that have affected any seafarer in the course of employment as the accident occurs.
For fatal accidents or permanent total
disability cases, the report should be faxed or submitted online to the Bureau of Working Conditions within 24 hours after occurrence of the contingency; otherwise, all other accidents should be reported before the 20th day of the month following the date of occurrence.
b) Ensure that comprehensive statistics of such accidents and diseases are kept, analyzed and published and that occupational accidents are investigated.
c) Have a copy of the report of the ship
safety and health officer regarding any accident, occupational disease or other hazardous occurrence that may result in the following: 1) Death of a person; 2) Missing seafarer / person; 3) Disabling injury/illness; 4) Loss of consciousness of a seafarer
as a result of an electric shock, a toxic atmosphere or an oxygen-deficient atmosphere;
5) Loss of a body member or a part of one or the complete loss of the usefulness of a body member or a part of one;
6) Permanent impairment of a seafarer’s body function;
7) Fire or an explosion; 8) Damage to a boiler or pressure vessel
that results in fire or the rupture of the boiler or pressure vessel; or
9) Workplace violence. Every shipowner shall keep a record of each minor injury that affects a seafarer in the course of employment. Such record shall contain:
a) Date, time and location of the occurrence that resulted in the minor
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injury; b) Name of the affected seafarer; c) Brief description of the minor injury; d) Cause/s of the minor injury; and e) Description of the first aid or medical
treatment given to the seafarer, if applicable.
How to check :
• Check documents and necessary policies as required by DO 132.
• Carry out a visual observation of seafarers’ on-board working conditions and facilities to protect seafarers from the hazard at work.
• Check documents (such as the EAS) to confirm that seafarers have access to medical care on board without charge and are given leave to obtain medical and dental care services when calling in a port, where practicable. *
• Check records and equipment to confirm that
general provisions on occupational health protection and medical care are being observed.
• Undertake visual observation to confirm that
the ship is equipped with sufficient medical supplies including a medicine chest and equipment, including either the most recent edition of the International Medical Guide for Ships or a medical guide as required by national laws and regulations.
• Check documents (such as the SMD and crew list and training documents) to confirm that a qualified medical doctor is working on board ships that carry 100 or more people and that are ordinarily engaged in voyages of more than three days’ duration.
• Check that, where ships are not required to
carry a medical doctor, they have at least one seafarer on board (who is trained and qualified to the requirements of STCW) to be in charge of medical care or is competent to provide medical first aid as part of their regular duties.
• Check that medical report forms are carried on board the ship.
• Check document to confirm submission to
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DOLE Submit through its Regional Office the Report on Safety and Health Organization and the Shipowners Work Accident and Illness Report
• Interview a representative number of seafarers to confirm that seafarers have access to medical care on board without charge and are given leave to obtain medical and dental care services when calling in a port, where practicable.
Rule VI-Social Security
17. Social Security
17.1 Social Security Act of 1997 (R.A.8282 as amended) Registration and Remittance
17.2 National Health Insurance Act of 1995 (R.A. 7875 as amended) Registration and Remittance
17.3 Home Development Mutual Fund
of 2009 (R.A. 9679 as amended) Registration and Registration
17.4 Employees' Compensation and
State Insurance Fund (Presidential Decree No. 626)
See Proof Payment and Remittance
Rule VII-Shipboard Training of Cadets
18. Applicability of 18.1 Medical Certificate 18.2 Accommodation 18.3 Food and Catering 18.4 Occupational Safety and Health 18.5 Complaint Procedures and
Mechanism 18.6 Shipboard training Agreement for
Cadets
Check compliance of shipowner in the applicable provisions for cadets.
Rule IX- Complaint Procedures and Mechanism
19. Onboard/Onshore Complaint Procedures
When a CBA exists between the bargaining agent of the seafarers and the shipowner, the
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parties shall establish machinery for the adjustment and resolution of grievances arising from the interpretation or implementation of their CBA and those arising from the interpretation or enforcement of company personnel policies.
In the absence of a CBA, the shipowner shall establish a grievance procedure or any machinery that will ensure fair, effective and expeditious handling of seafarers’ complaints for violation of this Rules and Regulations, and employment agreement. Seafarers may avail of the DOLE conciliation-mediation services under the Single Entry Approach (SEnA) pursuant to Department Order No. 107, Series of 2010, by filing a request for assistance with the DOLE Regional/Provincial/Field Offices.
Part III. Summary of Assessment and Recommendations. The following shall be considered as major deficiencies/non-conformities which are grounds to prohibit the ship to leave port or sail unless immediately corrected:
a. The employment of any seafarer under the age of 18 in work likely to jeopardize their health or safety:
b. Insufficient manning (See SMD and Working Arrangements-Consult PCG):
c. Repeated cases of seafarers without valid certificates confirming medical fitness for duties or not in possession of valid Employment Agreement;
d. Seafarers repeatedly working beyond maximum hours of work/rest;
e. Inadequate ventilation and/or air conditioning or heating;
f. Repeated cases of non-payment of wages;
g. Accommodation that is unhygienic or where equipment is missing or not functioning;
h. Quality and quantity of food and drinking water not suitable for the intended voyage and
In case of noted deficiencies/non-conformities, this part shall provide the summary of the aforesaid deficiencies including the recommendation/s which will state the corrective actions to be instituted by the shipowner/master including its schedule date of corrections. It shall be explained to the shipowner/master that in case of deficiencies in monetary benefits, the same is required to institute the necessary corrections within ten (10) days upon receipt of the accomplished checklist; otherwise, a Notice of Results will be issued by the DOLE Regional Director. In cases of deficiencies in Occupational Safety and Health, requirements for accommodations, recreational facilities, food and catering, required onboard documentary procedures, the aforementioned matters may be subject of remediation period not exceeding three (3) months. In case there are no deficiencies are noted as a result of the JA, a Notice of Results shall be issued by the LLCO indicating thereat the compliance of the shipowner to the provisions of the DO 231-13 and other relevant rules and regulations. *Note-Put an asterisk on major deficiencies/non-conformities.
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i. Medical guide or medicine chest or medical equipment, as required, not on board.
All possible efforts must be made to avoid a ship being unduly detained/prevent or delayed, the ship should be allowed to sail (on the understanding that all deficiencies identified will be corrected within the given deadline) unless: A: the conditions on board are clearly hazardous to the safety, health or security of seafarer; or B. the deficiencies/non-conformity found constitute a serious breach of the requirements of existing rules and regulation pertaining to the employment, living and working conditions of seafarer/s
Part IV. Shipowner/Master’s Action Plan -Statement of Shipowner/Master -Statement of Seafarers’ Representative
(Any questions/feedback of any of the parties on the findings of the assessment shall be reflected/indicated in this portion).
This portion of the checklist has been provided for the shipowner/master to stipulate their action plan to institute the necessary corrections regarding findings of deficiency as indicated in Part II of the checklist. The prescribed period has been discussed in the preceding section. The said Action Plan must be accepted by the LLCO. The LLCO must exercise professional judgement in evaluating if the submitted action plan will ensure that the actions to be undertaken by the shipowner/master will sufficiently address the noted deficiencies/non-conformities. Major deficiencies/non-conformities shall be immediately corrected otherwise a Notice of Result shall be issued by the LLCO.
Part V. Acknowledgement of Findings of Assessment
Upon conclusion of the conduct of the JA, the LLCO shall explain to the shipowner/master and seafarers’ representative the findings of the assessment conducted. The LLCO shall affix his/her signature and the same must be acknowledged by both parties by affixing their respective signatures.
Part VI. For Regional Office Use This part has been provided for evaluator to indicate the result of their evaluation including the recommendations regarding the submitted accomplished checklist. This portion shall form part of the monitoring of the status of compliance of the shipowner.
Part VI. Documentation This portion has been provided to provide transcription relative to the attachment to the submitted accomplished checklist of the LLCO.
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Step 5: Exit Conference
KEY RESULT: Result of the Assessment has been discussed and explained. KEY PLAYERS: LLCO, Shipowner/master and Seafarer’s Representative SAMPLE FORM: Accomplished Maritime Labor Compliance Assessment Checklist (DS
FORM F) Notice of Results -NR (FORM D) Certificate of Compliance-COC (FORM I) TIME FRAME: After the conduct of JA.
5.1 Presentation of Result of JA. Right after the conduct of JA, the LLCO shall
discuss with the shipowner/master the result of the JA using the accomplished MLCAC as a guide during the discussion. The seafarer’s representative should be present during the discussion.
5.1.1 With No Noted Deficiencies. After finding that there are no deficiencies
noted as a result of the JA conducted, the LLCO shall indicate in part III (Summary of Assessment and Recommendation) portion of the checklist the compliance of the shipowner to the provisions of DO 231-13 and other relevant rules and regulations. Thereafter, the LLCO shall request the Shipowner/master and Seafarer’s representative to write their names and affix their respective signatures on the portion specified in Part V of the checklist as conformity to the result of the JA. Where any representative of the shipowner/master or seafarer refused to sign, or questions the result of the assessment, the LLCO shall indicate such refusal in the space provided for.
Issuance of Notice of Results. The Ship after having found to be compliant,
the LLCO shall accomplish accordingly the Notice of Results Form indicating thereat the compliance of the shipowner to the provisions of DO 129-13 and other relevant rules and regulations. The NR shall be in three (3) copies, the first copy shall be for the Regional Office, the second copy for the shipowner which shall be kept onboard the ship and the third copy shall be send to the Bureau of Working Conditions within five (5) days after the conduct of the JA. A photocopy of the said NR shall be posted in the notice board of the ship for the information of the seafarers and upon request, sent to their representatives. (Step 5a)
Issuance of COC. The RD, within three (3) days after finding the result of
the JA is in order, shall issue the Certificate of Compliance to the shipowner. The said Certificate shall be posted on a conspicuous space aboard the ship. The COC is valid for two (2) unless revoked by the Secretary or his duly authorized representative. (Step 5a)
5.1.2 With Noted Deficiencies. Step 6 shall apply.
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Step 6: Formulation of Action Plan
KEY RESULT: Action Plan is Formulated. KEY PLAYERS: LLCO, Shipowner/master and Seafarer’s Representative SAMPLE FORM: Accomplished Maritime Labor Compliance Assessment Checklist (DS
FORM D) Action Plan (DS FORM J) Status Report (DS FORM K) Compliance Order-CO (DS FORM L) TIME FRAME: After the conduct of JA or within ten (10) days after the conduct of JA.
6.1 With Noted Deficiencies. During the exit conference, the shipowner shall be
provided with a copy of the accomplished checklist to serve as guide in the formulation of the action plan. In Part IV (Shipowner/master Action Plan) of the accomplished checklist, the shipowner shall indicate his/her action plan necessary to correct the noted deficiencies. However, in instances of major deficiencies/non-conformities have been committed, immediate corrections shall be instituted by the shipowner, otherwise, a Notice of Result shall be issued by the LLCO which may result in the prevention of ship from leaving port or sail to its next voyage until the corrections of such major deficiencies/non-conformities.
In case there is a failure to formulate the required action plan right after the conduct of JA, the shipowner shall be given ten (10) days to submit the same to the Regional Office, otherwise, a NR shall be issued and the rules on the disposition of cases shall apply. The LLCO shall provide the shipowner with DS FORM J (Action Plan) and DS FORM K (Status Report). The submitted action plan shall be subject to the approval of the LLCO/FO Head/RD. In case the action plan does not conform to the conditions prescribed in the succeeding section, the shipowner shall be called to a conference to revise his/her submitted action plan. (Step 6a)
6.2 Action Plan. If the noted deficiencies involve monetary and/or social welfare
benefits, the shipowner shall institute corrective measures within ten (10) days from the conduct of JA, otherwise, a Notice of Results indicating the noted deficiencies shall be issued by the LLCO. In case corrective measures are instituted, the LLCO shall recommend the issuance of Certificate of Compliance. The RD shall validate the findings of the LLCO and issue a Certificate of Compliance on General Labor Standards.
6.3 Remediation Period. In cases of deficiencies in Occupational Safety and
Health, requirements for accommodations, recreational facilities, food and catering, required onboard documentary procedures, the aforementioned matters may be subject of remediation period not exceeding three (3) months, unless:
a. the conditions onboard are clearly hazardous to the safety, health or security of seafarers; or
b. the deficiencies/non-conformities found constitute a serious or repated breach of the rules and regulations of Department Orders 129 and 130, series of 2013 and the requirements of the MLC, 2006.
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In such abovestated cases, the ship shall not be allowed to sail or leave port, unless the deficiencies/non-conformities is immediately corrected/rectified.
6.4 Status Report. Within ten (10) days after the corrections/rectifications have been
made, the shipowner shall submit a status report on the matter using the prescribed DS FORM K (Status Report)
6.5 Follow-up Assessment. Within ten (10) days after receipt of the status report or
on the date of scheduled follow-up assessment, the LLCO shall conduct a follow-up evaluation to validate if the action plan has been fully implemented. A Notice of Results shall be issued by the LLCO indicating that the corrective measures have been undertaken. The RD shall validate the findings of the LLCO and issue Certificate of Compliance.
6.6 Issuance of Compliance Order. If the corrective measures have not been fully
implemented by the shipowner, a Notice of Results shall be issued by the LLCO and subsequently a Compliance Order shall be issued by the RD. Likewise, failure of the shipowner to submit the required status report of its compliance shall cause the issuance of a Compliance Order.
6.7 Reporting Requirements. The Regional Offices shall accomplish the reportorial
form DS Form L and submit the same to the Bureau of Working Conditions not later than the 5th day after the reference month.
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Sub-Part III.2 PROCEDURE IN THE ISSUANCE OF MARITIME LABOUR CERTIFICATE –
PROCESS FLOW CHART 1 - For Recognized Organizations (ROs)
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Flow Chart 2. PROCEDURE FOR HANDLING OF MINOR DEFICIENCIES /
NON- CONFORMITIES
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Flow Chart 3. PROCEDURE FOR HANDLING OF MAJOR DEFICIENCIES / NON-
CONFORMITIES (**See ILO Guidelines on How a Ship May Be Detained)
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PART FOUR: Sample Forms and Templates
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DS FORM A. Notification Letter
Republic of the Philippines
DEPARTMENT OF LABOR AND EMPLOYMENT Regional Office No.____
Address
Date: __________ The Shipowner Address Name of Ship/Vessel Distinctive Number/Letters IMO Number Gross Tonnage Dear Mr./Ms.____________, Notice is hereby given that the abovementioned ship/vessel shall be subjected to Assessment/Compliance Visit pursuant to Section 2 (Assessment and Certification), Rule VIII (Compliance and Enforcement) of Department Order No. 129, Series of 2013 (Rules and Regulations Governing the Employment and Working Conditions of Seafarers Onboard Ships Engaged in Domestic Shipping) and in Compliance with the Maritime Labour Convention, 2006. As such, a Labor Laws Compliance Officer shall be assigned to conduct the said assessment to determine compliance with the provisions of the afore-stated Department Order. In view thereof, you are hereby advised to inform this Office within five (5) days upon receipt of this notice, the availability of the ship/vessel for the said assessment. The schedule should be within thirty (30) days upon receipt of this notice. Please fill-up the hereunder portion and submit the same to: (Address of RO, Fax No.___ and Email address). Availability Schedule 1: Date : ___________ Time : ___________ Port : ___________ Availability Schedule 2: Date : ___________ Time : ___________ Port : ___________
Name and Signature of Authorized Representative : ___________ Contact Person : _______________
DS Form A
A
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Tel No. : _______________ Fax No. : _______________ Email Address : _______________
We will confirm the date of assessment through your designated contact person within
three (3) days upon receipt of your notice of the ship/vessel’s availability. In order to expedite the conduct of the assessment/compliance visit, you are hereby advised to prepare the necessary documents/employment records relative to the requirements of Department Order No. 129, Series of 2013. The said Order is posted in our website, www.dole.gov.ph.
If the ship is in a port outside the jurisdiction of this Office during the prescribed thirty (30) day period, please advise this Office in order for us to inform/request the DOLE Regional Office concerned to conduct the assessment of your ship. Failure of the shipowner to respond to this notice within the prescribed period shall compel this Office to cause the Philippine Coast Guard to prohibit the ship/vessel from leaving port until the assessment/compliance visit has been conducted. We anticipate your support and cooperation. Thank you. Very truly yours, _________________ Regional Director
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DS FORM B. Acknowledgement Letter
Republic of the Philippines
DEPARTMENT OF LABOR AND EMPLOYMENT Regional Office No.____
Address The Shipowner Name of Ship/Vessel IMO Number Gross Tonnage Address of Shipowner Dear Mr./Ms.____________, This is to acknowledge receipt of your reply regarding the conduct of assessment of the hereunder referenced ship:
Name of Ship
Distinctive number / letters
Port of Registry
Date of Registry
Gross tonnage
IMO number
Type of Ship
Name of Shipowner
Address of Shipowner
Relative to this, this Office shall assign a Labor Laws Compliance Officer to conduct the aforesaid assessment on__________________________at ____________________________. Please prepare the necessary documentation of the ship including employment records pertaining to the engaged of seafarers onboard the abovestated ship pursuant to the requirements of Department Order 129-13 and other mandatory social welfare benefits. We are hoping for your cooperation and consideration. Thank you. Very truly yours, _________________ Regional Director
DS Form B
A
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DS FORM C. Authority to Assess/Visit
Republic of the Philippines DEPARTMENT OF LABOR AND EMPLOYMENT
Regional Office No. ______ (Address)
AUTHORITY TO ASSESS/VISIT Authority to Assess No. __________ Date Issued: ___________________ Valid until: ____________________ Name of designated LLCO: __________________________________ You are hereby authorized to conduct a Joint Assessment at the hereunder referenced ship:
Name of Ship
Distinctive number / letters
Port of Registry
Date of Registry
Gross tonnage
IMO number
Type of Ship
Name of Shipowner
Address of Shipowner
__________________________ Regional Director
DS FORM C
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DS FORM D. Notice of Result
DS FORM D
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DS FORM E
Name of Ship: Official Number: Call Sign: IMO Number:
Net Tonnage: Type of Ship: Tracing Area: Homeport:
Port of Registry : Date of Registry: Builder: Year Built:
Date on which Keel was Laid: Length: Depth: Breadth:
Number of Engine: Engine make: Horsepower: Route:
Name of Ship Owner : Address of Shipowner: Name of President/CEO/Manager: Name of Union:
Officers
Ratings
Cadet
TotalDate: Date: Date: Date:
* NOTE: See MARINA ship's documentation for the required information above. (e.g. Crew list, International Tonnage Certificate, Ship Safety Construction Certificate, Certificate of
Philippine Registry (CPR), Minimum Safe Manning Certificate. Etc)
Complying? Seafarers InvolvedCorrective Actions
TakenDate Corrected
1. Minimum Age -No person below eighteen (18) years old shall work,
be employed or be engaged onboard a ship (Rule II,Sec. 1, DO No.129-13)
2. Medical Certification -Valid medical certificate issued by a medical
facility accredited by the Department of Health. (Rule II, Sec. 2, DO No.129-13)
3. Training & Qualifications of Seafarer -Only seafarers who are certified by appropriate govt.
agencies, shall work, be employed or engaged aboard a ship.(Rule II, Sec. 3, DO No.129-13)
4. Recruitment and Placement of Seafarers
(The existing rules and regualtions on recruitment shall apply and in no case that a
placement or hiring fee shall be directly or indirectly charged to the seafarer)
Specific Deficiencies Amount Seafarers Involved
5. Employment Agreement for Seafarer-should be in conformity with the provisions of
Rule III,Sec. 1, DO No. 129-13
6. Minimum Benefits
Instruction: This Checklist shall be utilized as a guide in determining compliance with rules and regulations governing the employment and working conditions of Filipino seafarer aboard Philippine Registered Ship (PRS) engaged in
domestic shipping as prescribed in Department Order 129, series of 2013 ,including the Philippine government's obligations and responsibilities under the Maritime Labor Convention, 2006. Upon completion of the assessment, the
accomplished checklist shall be provided to the shipowner or his/her duly authorized representative to serve as a guide in the formulation of their action plan to correct deficiencies noted herein. The LLCO shall accomplished this checklist
in quadruplicates (4) copies, the original shall be for the Regional Office, the second copy for the shipowner and the third copy to be posted on the ship's notice board for the information of the seafarer. The fourth copy shall be send to
the Bureau of Working Conditions every 5th day after the reference month of reporting.
Onboard Ship's Crew
Position
Seafarer's Rep Name:
FOLLOW-UP ASSESSMENT
Gross Tonnage:
Place Built:
Seafarer's Rep Name:
Joint Assessment :
6.10 Separation Pay (where termination is due to authorized causes-Art. 283 & 284 of LCP)
PART I. GENERAL INFORMATION
Female Total
Seafarer's Rep Name:
COMPLIANCE INDICATORS
Classification Society:
1st Assessment
-Basic Wage
6.1 Minimum Wage
-Cost of Living Allowance (COLA), if applicable
Republic of the Philippines
DEPARTMENT OF LABOR AND EMPLOYMENTREGIONAL OFFICE No.
Shipowner/Master's Name:
MARITIME LABOR COMPLIANCE ASSESSMENT CHECKLIST FOR PHILIPPINE REGISTERED DOMESTIC SHIP
No. of Hours of Voyage:
Male Follow-Up Assessment
6.7 Premium Pay for Rest Day Work (additional 30% of daily rate for work performed on rest days; additional 50%
for work performed on a rest day which is also a special day; additional 30% of the regular holiday rate of 200%)
6.8 Night Shift Differential (not less than 10% of regular wage for each hour of work performed bet 10pm - 6am)
6.9 Service Incentive Leave (five days with pay per year for those with at least one year of service; commutable to
its money equivalent if not used within one year/2.5 days for every month if provided in employment contract)
6.12 Maternity Leave (R.A. 8282) (60 days for normal delivery/78 days for ceasarian section; benefit for first 4
deliverie, abortion/miscarriage)
Compliance Visit :
Shipowner/Master's Name:
Seafarer's Rep Name:
Shipowner/Master's Name:
OSH Investigation:
Rule II- Minimum Requirements for Seafarers to Work on a Ship
Specific Deficiencies
Shipowner/Master's Name:
PART II. MARITIME LABOR COMPLIANCE REQUIREMENTS
1ST ASSESSMENT
Rule III-Conditions of Employment
6.2 Meal Period (not less than one hour time-off for regular meals, which is not compensable. Shorter meal period
of not less than 20 minutes may be given provided that is credited as compensable hours of work and subject to certain
conditions)
6.3 Weekly Rest Periods (not less than 24 consecutive hours after every six (6) consecutive normal workdays)
6.11 13th Month Pay (P.D. 851, not less than 1/12 of total basic salary earned within calendar year. Does not
include COLA and other benefits not integrated as part of basic salary. To be paid not later than 24 December of each
year.
6.5 Regular Holiday Pay (with pay even if unworked; work on regular holiday shall be paid additional 100% of daily
rate; work on regular holiday falling on employee rest day shall be paid 200% plus 30% thereof)
6.4 Overtime Pay (additional 25% of hourly rate for work performed on ordinary day; Additional 30% for rest day,
special or regular holiday)
6.6 Premium Pay for Special Day (no work no pay; work on special days shall be paid regular wage plus at least
30%; special day work falling on employee's scheduled rest day shall be paid additional 50% of daily rate)
DS FORM E
DS FORM E. Maritime Labor Compliance Assessment Checklist
55
7. Hours of Work and Rest
7.1 Hours of work -Normal Hrs of work is 8 hrs, if required to render overtime, the
maximum hours of work shall not exceed fourteen (14) hours in any 24-hour period
and seventy-two (72) hours in any 7-day period, subject to the overriding safety and operational conditions of the ship.
7.2 Hours of Rest (minimum hours of rest for seafarers shall not be less than ten (10)
hours in any 24-hour period; and seventy-seven (77) hours in any 7-day period
7.3 Posting & Record Keeping of Shipboard Working Arrangement
8. Right to Security of tenure
9. Right to Self-Organization and Collective Bargaining
Seafarers Involved
10. Accomodations -(shall be governed by existing PMMRR & C92 & C133 for existing
ships constructed prior to entry into force of the MLC, 2006. For ships constructed
on or after the MLC, 2006, Reg 3.1 of the convention shall apply)
10.1 Inspection of Crew Accomodation (Shall be inspected once a week and records of thereof
10.1 Sleeping Quarters/Rooms
10.2 Mess Rooms
10.3 Sanitation Facilities
10.4 Recreational Facilities
10.5 Hospital Accommmodation (Ships carrying 15 or more seafarers & engaged in voyage of more
than three (3) days duration
records of which shall be maintain onboard)
11.2 Potable Water (Testing at intervals not more than six (6) months)
11.3 Potable Water Storage Tanks (Disinfected, if test result shows contamination)
Seafarers Involved
12.1 Safety and Health Committee - Mandatory for ships having five (5) seafarers
onboard; Check for composition)
12.2 Safety and Health Officer-(with BOSH Training and other required training)
13. Safety Protection and Accident Prevention
13.1 Work Permit System for Confined Space
13.2 Electrical Safety Requirement
13.3 Fall Protection System (if applicable)
13.4 Materials Handling and Storage
13.5 Fire Prevention and fire fighting and Emergency Response Plan
13.6 Provision of appropriate Personal Protective Equipment
14. Hazard Risk Evaluation and Control
14.1 Adequate ventilation
14.2 Adequate lighting
14.3 Prevention of noise and vibration
14.4 GHS labeling & SDS for hazardous substances
15. Occupational Health Program
15.1 Compliance to DOLE D.O. on prevention and control of:
15.1.1 HIV/AIDS
15.1.2 Hepatitis B
15.1.3 Tuberculosis
15.1.4 Drug and Alcohol Dependency
15.2 Workplace Violence Prevention Policy
15.3 Prevention of sexual harassment policy and program
15.4 Medical Care OnBoard and Onshore (prompt access to medicines, medical equipment
/facilities and medical personnel including adoption of medical report for seafarers,etc.)
15.4.1 Medicine Chest, Medical Equipment, Medical Guide
11.1 Food handlers (Steward, Cook & Messman Certification, If applicable)
12. Occupational Safety and Health Policy & Program (Check Components)
6.16 Special Leave for Women -R.A. 9710 ( 2 months of leave w/ full pay based on her gross monthly
compensation due to gynecological disorder surgery)
15.4.2 Medicine Records
Rule IV-Accommodation, Food and Catering
Rule V-Occupational Safety and Health
6.18 Service Charges (If collected onboard ship. 85% shall be distributed equally among the rank-and-file
employees and 15% for management to answer for losses and breakeges and for distribution to managerial employees
at the discretion of management)
6.14 Solo Parent Leave (R.A. 8972) (not more than 7 working days every year)
11. Food and Catering (Check for Quality, Quantity & Nutritional Value, Inspection per week, the
6.19 Records Keeping
6.15 10 days Leave for Victims of Violence Against Women and their Children (R.A. 9262)
6.17 Retirement Pay (RA 7641/R.A. 8558) (distinct and separate from SSS benefits)Optional - age 60 but not more
than 65 & 5 years service, Compulsary-age 65 & 5 years of service)
Specific Deficiencies
Specific Deficiencies
6.13 Paternity Leave (8187) (seven days with pay including allowance for the first 4 deliveries; not convertible to
cash)
shall be made available onboard)
6.20 Time of Payment of Wages ( wages shall be paid not less than once every 2 weeks or twice a month at
intervals not exceeding 16 days)
56
16. Reportorial Requirements
16.1 Report on Safety and Health Organization
16.2 Shipowners Work Accident and Illness Report
16.3 Accident and Illnesses statistics analyzed
Seafarers Involved
Seafarers Involved
Seafarers Involved
17. OnBoard/Onshore Complaint Procedures-(a machinery for the discussion and resolution
of grievances arising from the interpretation or implementation of their CBA and those arising
from the interpretation or enforcement of company personnel policies)
Date Accepted : Signature of LLCO:______________________ Signature of Shipowner/Master:_________________________
Notice to the Shipowner: In case the assessment results in the finding/s of deficiencies, the shipowner shall be advised by the LLCO to formulate the required action plan to correct the noted deficiencies after the conduct of the
assessment. Part IV of this Checklist shall be accomplished by the Shipowner. In case the shipowner/master fails to formulate the said required action plan after the conductof the assessment, the same shall be given ten (10) days
to submit to the DOLE-RO the aforesaid action plan, otherwise, a Notice of Result shall be issued. In this instance, the applicable rules and regulations regarding the disposition of labor cases shall apply. Major deficiencies/non
conformities shall be immediately corrected before ship is allowed to sail.
Deficiencies/Non-conformities* Recommendations
Deficiencies/Non-conformities
15.4 Employees' Compensation and State Insurance Fund (Presidential Decree No. 626)
SHIPOWNER/MASTERS' STATEMENT:
Rule IX-Complaint Procedures and Mechanism
Schedule of Correction and
Follow-up date
16.1 Medical Certificates
15.3 National Health Insurance Act of 1995 (R.A. 7875 as amended) Registration and Remittance
16.2 Accommodation
16.3 Food and catering
Rule VII-Shipboard Training of Cadets
15.1 Social Security Act of 1997 (R.A.8282 as amended) Registration and Remittance
Action Plan Accepted
Instruction: The portion above shall state in summary the assessment and recommendations for the information of the shipowner/master. In cases there is/are grounds to believe that the deficiencies noted constitute serious breach of the
requirements of existing rules and regulations pertaining to the employment, living and working conditions of seafarer/s and represent a significant danger to seafarer's safety, health or security (Major Deficiencies/Non-conformities, put an *asterisk for
emphasis), the Labor Law Compliance Officer (LLCO) shall described in detail such findings. In such cases, the LLCO shall immediately report the matter to the DOLE Regional Director, who shall decide if the ship subject of assessment is to be
recommended to the Philippine Coast Guard (PCG) from leaving port until necessary actions are taken. For cases of seriousness of deficiencies/violation uncovered, the LLCO may advise the PCG regarding the matter. ( See page 37 of the manual on the
grounds which may result in the prevention of the ship to leave port or sail.)
PART III. SUMMARY OF ASSESSMENT AND RECOMMENDATIONS
Corrective Actions to be Undertaken
SEAFARERS' REPRESENTATIVE STATEMENT:
PART IV. SHIPOWNER/MASTER'S ACTION PLAN
16.6 Shipboard Training Agreement for Cadets
16.4 Occupational Safety and Health
Specific Deficiencies
Specific Deficiencies
Rule VI-Social Security
16.5 Complaint Procedures and Mechanism
15.2 Home Development Mutual Fund Law of 2009 (R.A. 9679 as amended) Registration and Remittance
Specific Deficiencies
57
PART V. ACKNOWLEDGEMENT OF FINDINGS OF ASSESSMENT
1st Assessment Follow-up Assessment
Summary of Assessment Explained to and Acknowledged by: Summary of Assessment Explained to and Acknowledged by:
__________________________________________ __________________________________________
__________________________________________ __________________________________________
PART VI. FOR REGIONAL OFFICE USE
STATUS/ACTION TAKEN/RECOMMENDATION:
Assessment Checklist Issued Date: For Issuance of Compliance Order Date:
For Submission of Action Plan Date: Compliance Order Issued Date:
Action Plan Accepted Date: Appeal Filed Date:
For Submission of Status Report Date: For Issuance of Writ Execution Date:
Status Report Submitted Date: Writ of Execution Issued Date:
Notice of Results Issued due to: Date: Endorsed to PCG to Prohibit Ship to Leave Port due to: Date:
Non-submisssion of Action Plan Date: Refuse Access Date:
Non-submisssion of Status Report: Date: With Major Deficiencies/Non-Conformities Date:
Non-Implementation of Action Plan Date: Refusal/Failure to Secure COC Date:
For Follow-up Assessment Date: For Issuance of Certificate of Compliance Date:
For Mandatory Conference Date: COC Issued Date:
Action Plan Fully Implemented/For Issuance of Date:
Certificate of Compliance
Effecting Plant Level Restitution Date:
Amount Restituted
Seafarers Benefitted
Provided Appropriate Assistance Leading to Compliance Date:
Specify Assistance : _____________________________
Noted by:
__________________________________ __________ _______________________ ________
Date Date
Recommendations:
DOCUMENTS ATTACHED: DOCUMENTS REVIEWED DURING INSPECTION :
TRANSCRIPTION OF RECORDS IN VIOLATION CASES Ship's Documentations:
Duly accomplished Maritime Labor Compliance Assessment Checklist International Tonnage Certificate Medical Certificate
Notice of Result Ship Safety Construction Certificate
Affidavit of Seafarer Interviewed
Daily Time Records For Wages Certificate of Philippine Registry SIRB/SIB
Payroll Bareboat Charterer Agreement State Others
Restitution Payroll Shipboard Working arrangement
Amicable/Compromise Agreement (Backwages) Inspection logbook of accommodaton & Food
Name & Signature of Seafarer's Representative
Minimum Safe manning Certificate
Date: ______________________________________
Name & Signature of Labor Law Compliance Officer Name & Signature of Labor Law Compliance Officer
Name & Signature of Ship Owner/Master
Qualification/License
Training Certificate
PART VI. DOCUMENTATION
Chief , TSSD/PO/DO
Date: ______________________________________
_____________________________________________
Name & Signature of Seafarer's Representative
Recommendations:
_____________________________________________
Name & Signature of Ship Owner/Master
Report Evaluated by:
Supervising LEO
58
DS FORM F. Seafarer’s Affidavit
Republic of the Philippines
DEPARTMENT OF LABOR AND EMPLOYMENT Regional Office No. ______
(Address) REPUBLIC OF THE PHILIPPINES) _________________________)S.S.
S EAF AR ER ’ S A F F ID AV IT
I, ___________________________________, _____ years of age, single/married and residing at
__________________________________________________________ after having been sworn in accordance with law, depose and say:
1. Q. What is the name of ship you are currently employed or engaged? A. __________________________________________________________________________
2. Q. What is the name of the shipowner? A. __________________________________________________________________________
3. Q. What is the address of the shipowner? A. __________________________________________________________________________
4. Q. At what is route and hours of voyage of the ship? A. __________________________________________________________________________
5. Q. How many seafarers are currently employed in the ship? A. __________________________________________________________________________
6. Q. What is the nature of your work? A. __________________________________________________________________________
7. Q. What is the status of your employment? (apprentice, learner, casual, probationary, contractual or regular, etc.)
A. __________________________________________________________________________
8. Q. How long have you been working in this vessel? A. __________________________________________________________________________
9. Q. How long have you been working for the shipowner? A. __________________________________________________________________________
10. Q. Do you have a employment agreement with the shipowner?
A. __________________________________________________________________________
11. Q. Are you paid daily, weekly, monthly? How much?
DS FORM F
59
A. __________________________________________________________________________
12. Q. How often are you paid in a month? A. __________________________________________________________________________
13. Q. Is your compensation reflected in the payroll or vouchers? A. __________________________________________________________________________
14. Q. How many hours do you work everyday? From what time to what time?
A. __________________________________________________________________________
15. Q. Is there a shipboard working arrangement aboard the ship? A. ___________________________________________________________________________
16. Does the shipboard working arrangement reflect the schedule of service at sea and port?
A. ___________________________________________________________________________
17. Q. How many hours do you work in a 24-hour period? A. ___________________________________________________________________________
18. Q. How many hours of rest do you have in a 24-hour period?
A. ___________________________________________________________________________
19. Q. If you work from 10pm to 6am are you given the 10% night shift differential pay? A. __________________________________________________________________________
20. Q. Are you rendering overtime work? (In excess of 8 hours a day, if yes, how long?)
A. __________________________________________________________________________ 21. Q. How much are you paid for rendering overtime work? (In excess of 8hrs.)
Ordinary Days _______________ Rest Days _______________ Special Days _______________ Regular Days _______________
22. Q. Do you work on special holidays? If so how much?
A. __________________________________________________________________________
23. Q. Are you given the unworked regular holiday pay? If so, how much? A. __________________________________________________________________________
24. Q. Do you fill out personally your time records?
A. __________________________________________________________________________
25. Q. Are you given food? A. __________________________________________________________________________
26. Q. Are you being deducted for the value of the food?
A. __________________________________________________________________________
60
27. Q. Is there any written authority from you authorizing the said deduction? A. __________________________________________________________________________
28. Q. From what time is your meal period?
A. __________________________________________________________________________
29. Q. Is the ship carry on board food and drinking water of appropriate quality, quantity and nutritional value? A. ______________________________________________________________________________
_
30. Q. Are you provided with accommodation onboard the ship during the voyage? A. ______________________________________________________________________________
_
31. Q. Are you provided with onshore accommodation? A. ______________________________________________________________________________
_
32. Q. Will you state other deduction made by your employer from your wage or salary. How much? A. __________________________________________________________________________
33. Q. Do you receive your wage in cash or in check?
A. __________________________________________________________________________ 34. Q. Did you enjoy the maternity/paternity leave benefit?
A. _______________________________________________________________________________
35. Q. Is there a labor union in the company? (Are you a member?) A. __________________________________________________________________________
36. Q. Is there an existing collective bargaining agreement between the union and the management? A. __________________________________________________________________________
37. Q. Are you given emergency cost of living allowance? A. __________________________________________________________________________
38. Q. Are you given benefits under R.A. 6727 _______________ W.O. No. RO - _______________
39. Q. State what other benefits are you receiving? A. __________________________________________________________________________
40. Q. Are you given 13th month pay bonus under P.D. 851?
A. __________________________________________________________________________
41. Q. Are you given the yearly service incentive leave of 5-days with pay? A. _________________________________________________________________________
42. Q. How is your wage computed?
A. __________________________________________________________________________
61
43. Q. What are the emergency medical and dental service you received from your employer? A. __________________________________________________________________________
44. Q. Are you provided Medical Care onboard and onshore?
A. __________________________________________________________________________
45. Q. Is there anything that the Department of Labor and Employment can do to be of further assistance to you?
A. __________________________________________________________________________
46. Q. What other pertinent statement do you need to state? A. __________________________________________________________________________
__________________________________________________________________________ __________________________________________________________________________
I hereby declare that the above answer are true and correct to the best of my knowledge and belief, which were given freely and voluntarily. IN WITNESS HEREOF, I have hereunto affix my signature this _______ day of __________ , 20___ at __________________________________________ . ______________________ PRINCIPAL SIGNED IN THE PRESENCE OF: ______________________________ ______________________________ SUBSCRIBED AND SWORN to before me this _____ day of _____________________ , 20 _____ at ____________________________________________ . ______________________________ Labor Laws Compliance Officer
62
DS FORM G. Standard Employment Agreement for Domestic Seafarers
STANDARD EMPLOYMENT AGREEMENT FOR DOMESTIC SEAFARERS This Agreement is executed and entered into by and between:
Seafarer: _________________________________ Age: __________
Date of Birth: __________________ Place of Birth _____________________
Address: ________________________________ Contact No: ___________
- and -
Shipowner: ______________________________________________________
Address: __________________________________ Contact No: __________
If employed through an agent:
Agent/Agency: __________________________ Contact No: ___________
Authority/ License No: _______________ Validity: ___________________
Voluntarily binding themselves to the following terms and conditions:
1. Seafarer’s position: _______________________________________________________
2. Homeport / Place of Registry: _____________________________________________
3. Seafarer’s salary: _________________________________________________________
Formula for calculating salary: ____________________________________________
__________________________________________________________________________ (Note: If lump sum monthly salary is paid to the seafarer, all wage related benefits such as overtime pay,
holiday pay, premium pay and night shift differential pay are considered incorporated therein, unless there
is a favorable company policy, practice or collective bargaining agreement for calculating the same.)
4. Hours of work: ________________________________ *Rest Period: _______________
5. Number of workdays per week: ___________________________________________
6. Rest day: _________________________________________________________________
7. The shipowner will provide wage and other wage related benefits, as follows:
*Overtime pay: ___________________________________________________
*Holiday pay: _____________________________________________________
*Premium pay: ___________________________________________________
*Night shift pay: __________________________________________________
Paid Leaves, such as:
*Service incentive leave
Paternity leave
Parental leave
VAWC leave
Special leave benefit
Not applicable to managerial employees and officers or members of the managerial staff unless there is a favorable company policy, practice or collective bargaining agreement providing such benefits.
DS FORM G
63
13th month pay: _________________________________________________
Separation pay / retirement pay: __________________________________
Other benefits, if any: ____________________________________________
8. The shipowner will cover the seafarer to the social security and welfare benefits
under the following:
Social Security System
PhilHealth
Pag-IBIG
Employees’ Compensation Commission
Other insurance coverage, if any: _________________________________
9. Termination of Employment: The seafarer’s employment may not be terminated
except for just or authorized cause as enumerated under the Labor Code, as
amended, or for breach of obligation under this agreement.
10. Settlement of Complaints/disputes: All claims and complaints relative to this
Agreement shall be settled pursuant to the shipowner’s grievance procedure. In
case of disagreement, the matter shall be resolve through the conciliation-
mediation services under the Single Entry Approach (SEnA) of the DOLE as
provided in Department Order No. 129, Series of 2013 (Rules and Regulations
Governing the Employment and Working Conditions of Seafarers Onboard Ships
Engaged in Domestic Shipping) and other existing rules and regulations.
11. Other terms and conditions:
a. No provision of this Agreement shall be altered amended or substituted
without the approval of the parties.
b. Other terms and conditions of the seafarer’s employment shall be governed
by the Labor Code and pertinent laws and regulations.
In witness thereof, we hereby sign this Agreement this _____day of
_______________, 2014 at __________________.
___________________________ ________________________
Domestic Seafarer Shipowner
Not applicable to managerial employees and officers or members of the managerial staff unless there is a favorable company policy, practice
or collective bargaining agreement providing such benefits.
64
DS FORM H. Shipboard Training Agreement for Cadets
SHIPBOARD TRAINING AGREEMENT FOR CADETS This Agreement is executed and entered into by and between:
Cadet: ___________________________________ Age: __________
Date of Birth: __________________ Place of Birth _____________________
Address: ________________________________ Contact No: ___________
School’s Authorized Rep.: ________________________________________
Address: _________________________________ Contact No. ___________
- and -
Shipowner: ______________________________________________________
Address: __________________________________ Contact No: __________
If employed through an agent:
Agent/Agency: __________________________ Contact No: ___________
Authority/ License No: _______________ Validity: ___________________
Voluntarily binding themselves to the following terms and conditions:
1. Cadet’s capacity: ________________________________________________________
2. Homeport / Place of Registry: ______________________________________________
3. Cadet’s stipend/allowance: _______________________________________________
4. Hours of Training: ______________________Rest Period/Rest Day: _______________
5. Other benefits: ____________________________________________________________
6. Other terms and conditions: ________________________________________________
a. No provision of this Training Agreement shall be altered amended or substituted without
the approval of the parties.
b. Other terms and conditions of the training agreement shall be governed by pertinent
laws and regulations.
In witness thereof, we hereby sign this Agreement this _____day of _______________, 2013
at __________________.
___________________________ ___________________________
Cadet Shipowner
____________________________
School Representative
DS FORM H
65
DS FORM I. Certificate of Compliance
DS FORM I
66
DS FORM J. Action Plan
Republic of the Philippines DEPARTMENT OF LABOR AND EMPLOYMENT
Regional Office No. ______ (Address)
ACTION PLAN NAME OF SHIP :______________________________ DISTINCTIVE NUMBER/LETTERS :______________________________ GROSS TONNAGE :______________________________ TYPE OF SHIP :______________________________ SHIPOWNER :______________________________ ADDRESS :______________________________ DATE OF JOINT ASSESSMENT :______________________________ DATE OF ACCOMPLISHMENT :______________________________
Deficiencies/Non-Conformities Corrective Actions to be Undertaken Schedule of Correction
and Follow-up Date
*This form shall be accomplished and submitted to the Regional Office within ten (10) days from receipt of accomplished assessment checklist. The shipowner is required to submit a status report on its compliance with the Regional Office within ten (10) days after the correction of the noted deficiencies. This Action Plan shall be implemented within the remediation period which shall not exceed three (3) months from its formulation. Failure of the employer to submit an action plan, status report or to fully implement the Action Plan shall cause the issuance of a Notice of Result or Compliance Order, as may be applicable. ______________________________ _____________________________ Name of employer’s representative Name of employees’ representative Accepted & Approved by : ________________________ Date Accepted:_________________ LLCO/FO Head/RD
DS FORM J
67
DS FORM K. Status Report
Republic of the Philippines
DEPARTMENT OF LABOR AND EMPLOYMENT Regional Office No. ______
(Address)
STATUS REPORT ON CORRECTIVE ACTIONS TAKEN NAME OF SHIP :______________________________ DISTINCTIVE NUMBER/LETTERS :______________________________ GROSS TONNAGE :______________________________ TYPE OF SHIP :______________________________ SHIPOWNER :______________________________ ADDRESS :______________________________ DATE OF JOINT ASSESSMENT :______________________________ DATE OF ACCOMPLISHMENT :______________________________
Deficiencies/Non-Conformities Corrective Actions taken Date Corrected
The shipowner is required to submit this status report on its compliance/corrective actions taken on the noted deficiencies within ten (10) days after the said corrections. Failure of the shipowner to submit this status report or fully implement his/her action shall cause this Office to issue the corresponding Compliance Order. ______________________________ _____________________________ Name of Shipowner Name of Seafarer’s representative Date Submitted:______________________ Received by:____________________ LLCO/FO Head/RO
DS FORM K
68
MLC Form 1
Republic of the Philippines
Department of Labor and Employment National Capital Region
APPLICATION FOR MARITIME LABOUR CERTIFICATE
Initial (New) Interim Renewal The Regional Director National Capital Region Department of Labor and Employment 967 Maligaya St., Malate, Manila Sir/ Madam,
Pursuant to the requirements of the Section 3.1, Rule X of Department Order No. 130 and the Maritime Labour Convention 2006, the undersigned respectfully requests that a Maritime Labour Certificate be issued to the hereunder described Philippine Registered Ship engaged in International Voyage.
Name of Ship
Distinctive number / letters
Port of Registry
Date of Registry
Gross tonnage
IMO number
Type of Ship
Name of Shipowner
Address of Shipowner
State the name/address of preferred Recognized Organization to conduct Inspection and certification. ________________________________________________________________________________
Attachments : (Certified True Copy)
Name/ Signature of Shipowner/ Authorized Representative
Date:
Contact person:
TEL # No.
Fax # No.
Email Address :
1. Certificate of Philippine Registry 2. Bareboat Charterer Agreement, if applicable 3. International tonnage Certificate 4. Ship Safety Construction Certificate
MLC Form 1
69
MLC Form 2
Republic of the Philippines Department of Labor and Employment
National Capital Region
Date: Name of Shipowner Address of shipowner Sir/Madam’ Relative to your application for the issuance of a Maritime Labour Certificate to the hereunder described Philippine Registered Ship engaged in International Voyage,
Name of Ship
Distinctive number / letters
Port of Registry
Date of Registry
Gross tonnage
IMO number
Type of Ship
Name of Shipowner
Address of Shipowner
the attached Declaration of Maritime Labour Compliance (DMLC) Part I is hereby
issued to the abovestated referenced ship as a requirement for the issuance of the Maritime Labour Certificate. The shipowner is further advised to prepare the Declaration of Maritime Labour Compliance Part II to ensure compliance with the national requirements contained in DMLC Part I. DMLC Parts I and II shall be submitted shipowner to the Department of Labor and Employment’s Recognized Organization to commence inspection and certification.
Please be guided accordingly. Very truly yours, Regional Director
MLC Form 2
70
MLC Form 3
Maritime Labour Convention, 2006
DECLARATION OF MARITIME LABOUR COMPLIANCE– Part I (This Declaration must be attached to the ship’s Philippine Maritime Labour Compliance Certificate)
Issued under the authority of the:
Department of Labor and Employment
Republic of the Philippines
With respect to the provisions of the Maritime Labour Convention, 2006, as
ratified by the Philippine Government, the following referenced ship:
Name of ship IMO number Gross tonnage
is maintained in accordance with Standard A5.1.3 of the Convention.
The undersigned declares, on behalf of the abovementioned competent
authority, that:
(a) the provisions of the Maritime Labour Convention are fully embodied in
the national requirements referred to below;
(b) these national requirements are contained in the national provisions
referenced below; explanations concerning the content of those provisions
are provided where necessary;
(c) the details of any substantial equivalencies under Article VI, paragraphs
3 and 4, are provided;
(d) any exemptions granted by the competent authority in accordance with
Title 3 are clearly indicated in the section provided for this purpose below;
and
(e) any ship-type specific requirements under national legislation are also
referenced under the requirements concerned.
MLC Form 3
71
1. MINIMUM AGE (Regulation 1.1)
Department of Labor and Employment (DOLE) Department Order No. 130, series of 2013,
otherwise known as the Rules and Regulations on the Employment of Filipino Seafarers Onboard
Philippine Registered Ships Engaged in International Voyage, (DO 130-13), Rule III, Section 1 on
Minimum Age of Seafarers.
No person below eighteen (18) years old shall work, be employed or be engaged onboard a ship.
2. MEDICAL CERTIFICATION (Regulation 1.2)
DOLE DO 130-13 Rule III (Minimum Requirements for Seafarers to Work on a Ship), Section 2
(Medical Certificate)
The seafarer shall hold a valid medical certificate issued by a medical facility duly accredited
by the Department of Health (DOH) for that purpose, in accordance with its existing rules and
regulations.
Department of Health (DOH) Administrative Order No. 2013-0006 (Guidelines to ‘Rule XI: Role
of DOH in the Omnibus Rules and Regulations Implementing the Migrant Workers and
Overseas Filipinos Act of 1995, as Amended by Republic Act No. 10022’)
The Order applies to all accredited DOH medical clinics conducting Pre-Employment Medical
Examination (PEME) for land based overseas work applicants and seafarers for
domestic/overseas employment. All PEME for overseas work applicants shall be performed
only in DOH-accredited medical clinics and health facilities utilizing the standards set forth by
DOH. Medical Certificate for Service at Sea as annex D, aligned with the Regulation 1.2 of the
MLC, 2006. The validity of the Certificates shall be valid for a maximum period of two (2) years
subject to physician’s recommendation and/or principal’s requirements. (Important Integral
Notes of annex D)
3. QUALIFICATION OF SEAFARERS (Regulation 1.3)
DOLE DO 130-13, Rule III, Section 3 (Training and Qualifications)
Only seafarers certified as competent and qualified shall work, be employed or be engaged
onboard a ship.
Qualification of Seafarers shall be in accordance with Standards of Training, Certification and
Watchkeeping for Seafarers, As Amended and the applicable MARINA rules and regulations.
Professional Regulation Commission (PRC) Law, Board for Marine Deck and Marine Engine
Officers
Practice of Merchant Marine Profession shall refer to the profession requiring the application of
fundamental and known principles of navigation, seamanship and engineering to the peculiar
condition and requirements of on board management, operation and maintenance of main
propulsion and auxiliary engines, stability and trim of the vessel and cargo handling.
4. SEAFARERS’ EMPLOYMENT AGREEMENTS (Regulation 2.1)
DOLE DO 130-13, Rule IV, Sections 1 and 2.
72
Section 1. Employment Agreement for Seafarers. - The employment agreement shall be in
English language and shall be executed in four (4) original copies before the commencement of
employment. The said original copies shall be submitted to the DOLE through the POEA for
approval.
The shipowner, the seafarer, the manning agency, as the case may be, and the POEA shall each
have a signed and approved original copy of the agreement. A signed and POEA approved
original copy of the employment agreement must be made available onboard the ship.
The seafarer shall be given an opportunity to examine and seek advice on the agreement before
signing.
Section 2. Terms and Conditions of Employment - The terms and conditions of
employment of seafarers shall be governed by the POEA SEC.
POEA Governing Board Resolution No. 9 and POEA Memorandum Circular No. 10 s. 2010
(Standard Terms and Conditions Governing the Overseas Employment of Filipino Seafarers On-
Board Ocean-Going Ships), Section 2 (Commencement and Duration of Contract)
A. The employment contract between the employer and the seafarer shall commence upon actual
departure of the seafarer from the Philippine airport or seaport in the point of hire and with the
POEA approved contract.
B. The period of employment shall be for a period mutually agreed upon by the seafarer and the
employer but not to exceed 12 months.
POEA MC No. 04, s. 2005 (Submission of the Employment Contracts of Seafarers)
Manning agencies shall use and submit to the POEA the full text of the seafarer’s employment
contract including improvements, if any, for approval and processing.
5. USE OF ANY LICENSED OR CERTIFIED OR REGULATED PRIVATE
RECRUITMENT AND PLACEMENT SERVICE (Regulation 1.4)
DOLE DO 130-13, Rule III, Section (Recruitment and Placement)
The DOLE and POEA existing guidelines on recruitment and placement and/or contracting
and subcontracting work arrangement shall govern the recruitment and placement of seafarers.
No fees or other charges for recruitment, placement or for providing employment to seafarers
shall be borne directly or indirectly, in whole or in part, by the seafarer.
Labor Code of the Philippines, Book One (Pre-Employment), Title I (Recruitment and Placement
of Workers), Chapter I (General Provisions), Article 20 (National Seamen Board); Chapter II
(Regulation of Recruitment and Placement Activities)
POEA Rules and Regulations Governing the Recruitment and Employment of Seafarers, 2003,
Part II (Licensing and Regulation), Rule I (Participation of Private Sector in the Maritime
Employment Program), Rule II (Issuance of License), Rule III (Inspection of Manning Agencies),
Rule IV (Fees and Contributions) Rule II (Issuance of License), Section 1 (Requirements for
Licensing)
Agencies shall charge from their principals manning fee to cover services rendered in the
recruitment and deployment of seafarers. However, manning agencies shall not charge any fee
from the seafarers from their recruitment and deployment services.
73
Every applicant for license to operate a manning agency shall submit a verified undertaking
stating that the applicant shall “ensure that any seafarer recruited or deployed by them is
qualified and holds the documents necessary for the job concerned.
6. HOURS OF WORK OR REST (Regulation 2.3)
The provisions of Title 2, Regulation 2.3 of MLC, 2006 on Hours of work and hours of rest are
adopted.
7. MANNING LEVELS FOR THE SHIP (Regulation 2.7)
Labor Code of the Philippines, as amended, Chapter VI (Administration and Enforcement),
Article 128 (Visitorial& Enforcement Power of the Secretary of Labor)
MARINA MC 06–2012 (Revised Minimum Safe Manning for Ships Operating in Philippine
Domestic Waters), V (Minimum Safe Manning), VI (Minimum Safe Manning Scale), and VII
(Special Manning)
DOLE DO 130-13, Rule IV, Section 3 (Minimum Safe Manning Level)
The shipowner shall maintain a minimum safe manning level onboard in accordance with
existing maritime laws and regulations.
8. ACCOMMODATION (Regulation 3.1)
The applicable provisions of Title 3 (Accommodation, Recreational facilities, food and Catering)
are adopted.
DOLE DO 130-13, Rule V, Section 1 (Accommodation)
Seafarers shall be provided with decent accommodations and recreational facilities onboard in
accordance with the standards set under applicable laws and regulations.
9. ONBOARD RECREATIONAL FACILITIES (Regulation 3.1)
The provisions of Title 3 of MLC, 2006 on Accommodation, Recreational Facilities, Food and
Catering of MLC, 2006 are adopted.
DOLE DO 130-13, Rule V, Section 1 on Accommodation.
Seafarers shall be provided with decent accommodations and recreational facilities onboard in
accordance with the standards set under applicable laws and regulations.
10. FOOD AND CATERING (Regulation 3.2)
The provisions of Title 3 of MLC, 2006 on Accommodation, Recreational Facilities, Food and
Catering of MLC, 2006 are adopted.
DOLE DO 130-13, Rule VI, Section 1 on Food and Catering.
The shipowner shall ensure protection and promotion of the health of the seafarer and ensure
that ships carry onboard food and drinking water of appropriate quality, quantity and
nutritional value that adequately cover the requirements of the ship and take into consideration
the differing cultural and religious backgrounds.
74
Implementing Rules and Regulations (IRR) of Chapter III (Food Establishments) of P.D. 856 or
the Sanitation Code of the Philippines, 1995.
These implementing rules and regulations shall apply to all food establishments and facilities
including those located in vessels, food containers and vehicles, and food sold in the streets.
TESDA Training and Certification Regulations.
11. HEALTH AND SAFETY AND ACCIDENT PREVENTION (Regulation 4.3)
DOLE DO 130-13, Rule VII, Section 1 on Occupational Safety and Health Policy and Program
and Section 2 on Safety and Health Plan.
Section 1. Occupational Safety and Health Policy and Program. The shipowner shall
adopt, implement, and promote occupational safety and health policies and programs on ships,
consistent with the Philippine Maritime Occupational Safety and Health Guidelines and the
1996 ILO Code of Practice on Accident Prevention OnBoard Ship, at Sea and In Port.
Section 2. Safety and Health Plan. Shipowners shall be required to develop for its ships a
safety and health plan. The shipowner shall designate a Safety and Health Officer onboard to
implement the ship’s safety and health plan.
MARINA MC 197-04 (Revised Rules to Rationalize Life Saving Appliances Requirements Under
Chapter IX of the PMMRR 1997), V (Rationalized Safety Requirements)
Lifeboats, liferafts, lifefloats, buoyant apparatus and life preservers shall be readily available
in case of emergency and shall be kept in good working order and ready for immediate use at
all times when the ship is being navigated or in so far as reasonable and practicable when the
ship is not being navigated.
MARINA MC 72-92 (Guidelines on the Implementation of at Least 10-Minute Film on the Safety
Features of Each Specific Passenger/Passenger-Cargo Vessel), Section 1 (Objectives), Section 2
(Coverage), and Section 3 (Contents of the Film), as amended by MARINA MC 136-98.
12. ONBOARD MEDICAL CARE (Regulation 4.1)
POEA Governing Board Resolution No. 9 and POEA Memorandum Circular No. 10 s. 2010
(Standard Terms and Conditions), Section 1 (Duties), A (Duties of the Principal/ Employer/
Master/ Company); B (Duties of the Seafarer); Section 5 (Hygiene and Vaccination)
DOLE DO 130-13, Rule VII, Section 2 (Medical Care Onboard Ship and Ashore)
The shipowner shall provide adequate medical services and medicine chest onboard, and access
to shore-based medical facilities for the protection of the health of the seafarers, as well as the
corresponding medical and/or trained personnel who shall provide first-aid and medical care,
pursuant to the Maritime Occupational Safety and Health Guidelines.
13. ONBOARD COMPLAINT PROCEDURES (Regulation 5.1.5)
DOLE DO 130-13, Rule X Section 6 and 7 (Onboard Complaint Procedures & Ashore Complaints)
POEA Governing Board Resolution No. 9 and POEA Memorandum Circular No. 10 s. 2010
(Standard Terms and Conditions), Section 1 (Duties), A (Duties of the Principal/ Employer/
Master/ Company); Section 16 (Grievance Machinery)
75
DOLE Department Order 127-13 (Conciliation-Mediation of Labor Disputes in the Overseas
Shipmanning Industry)
14. PAYMENT OF WAGES (Regulation 2.2)
POEA Governing Board Resolution No. 9 and POEA Memorandum Circular No. 10 s. 2010
(Standard Terms and Conditions), Section 6 (Wages) and Section 8 (Allotments and Remittances)
Name : ROSALINDA DIMAPILIS-BALDOZ
Title : Secretary
Department of Labor and Employment
Republic of the Philippines
Signature : Intramuros, Manila, Philippines
Date :
(Seal or stamp of the Authority)
SUBSTANTIAL EQUIVALENCIES
(Note: Strike out the statement which is not applicable)
The following substantial equivalencies, as provided under Article VI, paragraphs 3 and 4, of the
Convention, except where stated above, are noted (insert description if applicable):
……………………………………………………………………………………………………………………………………
…………………………………………………………………………
No equivalency has been granted.
Name : ROSALINDA DIMAPILIS-BALDOZ
Title : Secretary
Department of Labor and Employment
Republic of the Philippines
Signature :
Place : Intramuros, Manila, Philippines
Date :
(Seal or stamp of the Authority)
EXEMPTIONS
(Note: Strike out the statement which is not applicable)
The following exemptions granted by the competent authority as provided in Title 3 of the Convention
are noted:
……………………………………………………………………………………………………………………………………
…………………………………………………………………………
No exemption has been granted.
Name : ROSALINDA DIMAPILIS-BALDOZ
Title : Secretary
Department of Labor and Employment
Republic of the Philippines
Signature :
76
Place : Intramuros, Manila, Philippines
Date :
(Seal or stamp of the Authority)
77
MLC Form 4
Maritime Labour Convention, 2006
DECLARATION OF MARITIME LABOUR COMPLIANCE – Part II
Measures adopted to ensure ongoing compliance between inspections
Issued under the authority of the:
Department of Labor and Employment
Republic of the Philippines
Name of referenced ship IMO number Gross tonnage
The following measures have been drawn up by the shipowner, named in the
Maritime Labour Certificate to which this Declaration is attached, to ensure ongoing
compliance between inspections:
(State below the measures drawn up to ensure compliance with each of the items in
Part I) 1. Minimum age (Regulation 1.1)
2. Medical certification of seafarers (Regulation 1.2)
3. Qualifications of seafarers (Regulation 1.3)
4. Seafarers’ employment agreements (Regulation 2.1)
5. Use of any licensed or certified or regulated private recruitment and placement service
(Regulation 1.4)
6. Hours of work or rest (Regulation 2.3)
7. Manning levels for the ship (Regulation 2.7)
8. Accommodation (Regulation 3.1)
9. On-board recreational facilities (Regulation 3.1)
10. Food and catering (Regulation 3.2)
11. Health and Safety and accident prevention (Regulation 4.3)
12. On-board medical care (Regulation 4.1)
MLC Form 4
78
13. On-board complaint procedures (Regulation 5.1.5)
14. Payment of wages (Regulation 2.2)
15. Social Security
I hereby certify that the above measures have been drawn up to ensure ongoing
compliance, between inspection, with the requirements listed in Part I.
Name of shipowner18:
Company address :
Name of the authorized signatory :
Title :
Signature of the authorized signatory :
Date:
(Stamp or seal of the shipwoner)
The above measures have been reviewed by (Recognized Organization) and, following
inspection of the ship, have been determined as meeting the purposes set out under
Standard A5.1.3, paragraph 10(b), regarding measures to ensure initial and ongoing
compliance with the requirements set out in Part I of this Declaration.
Name:
Title :
Address :
Signature :
Place :
Date:
(Seal or stamp of the authority, as appropriate)
18Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer,
who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on ship-owners in accordance with this Convention, regardless of whether any other organizations or persons fulfil certain of the duties or responsibilities on behalf of the shipowner. See Article II (1) (j) of the Convention.
79
Certificate No: ____ Date of Issue: (yyyy-mm-dd)
80
MLC Form 5
MARITIME LABOUR CERTIFICATE
(Note: This Certificate shall have a Declaration of
Maritime Labour Compliance attached)
Issued under the provisions of Article V and Title 5 of the
Maritime Labour Convention, 2006
under the authority of the Government of:
REPUBLIC OF THE PHILIPPINES
by : NAME OF RECOGNIZED ORGANIZATION
Address of Recognized Organization
PARTICULARS OF THE SHIP
Name of ship
Distinctive number
or letters
Port of registry
Date of registry
Gross tonnage19
IMO number
Type of ship
Name and address
of the shipowner 20
19 For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross tonnage is that which is included in the REMARKS column of the International Tonnage Certificate (1969). See Article ii (1) (c) of the Convention. 20 Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on ship-owners in accordance with this Convention, regardless of whether any other organizations or persons fulfil certain of the duties or responsibilities on behalf of the shipowner. See Article II (1)(j) of the Convention.
LOGO of
Recognized
Organization
MLC Form 5
81
This is to certify:
1. That this ship has been inspected and verified to be in compliance with the
requirements of the Convention, and the provisions of the attached Declaration
of Maritime Labour Compliance.
2. That the seafarers’ working and living conditions specified in Appendix A5-I of
the Convention were found to correspond to the Philippine requirements
implementing the Convention. These requirements are summarized in the
Declaration of Maritime Labour Compliance, Part I.
This Certificate is valid until ………………. subject to inspections in accordance with
Standards A5.1.3 and A5.1.4 of the Convention.
This Certificate is valid only when the Declaration of Maritime Labour Compliance
issued at ………………………………………..…………. on…………………………. is attached.
Completion date of the inspection on which this Certificate is based was
……………………………………… Issued at ………………….………………………. on
…………………………………..
For : Name of Recognized Organization
(Name)
President/Head/CEO
Endorsements for mandatory intermediate inspection and, if required, any additional
inspection.
This is to certify that the ship was inspected in accordance with Standards A5.1.3
and A5.1.4 of the Convention and that the seafarers’ working and living conditions specified
in Appendix A5-I of the Convention were found to correspond to the Philippine
requirements implementing the Convention.
Intermediate inspection: Signed
(to be completed between the
second and third anniversary
dates)
(Signature of authorized official)
Place
82
Date
(Seal or stamp of the authority, as
appropriate)
Additional endorsement (if required)
This is to certify that the ship was the subject of an additional inspection for the
purpose of verifying that the ship continued to be in compliance with the Philippine
requirements implementing the Convention, as required by Standard A3.1 paragraph 3, of
the Convention (re-registration or substantial alteration of accommodations) or for other
reasons.
Additional inspection : Signed
(if required) (Signature of authorized official)
Place
Date
(Seal or stamp of the authority, as
appropriate)
Additional inspection : Signed
(if required) (Signature of authorized official)
Place
Date
(Seal or stamp of the authority, as
appropriate)
Additional inspection : Signed
(if required) (Signature of authorized official)
Place
Date
(Seal or stamp of the authority, as
appropriate)
83
_________
Reference
Month/Year
GENERAL INSTRUCTIONS: Provide complete information for this form. Data contained herein shall be the total information for the entire
Regional Office, including its Field and Satellite Offices covered by the Program. Unless otherwise stated, data required is for the reference month.
The reference month covers the first day up to its last day. Upon approval by the Regional Director, this acomplished form shall be sent to BWC
through e-mail: [email protected] not later than the 5th day of the month after the reference period.
PREVIOUS CURRENT CUMULATIVE
REPORTING REPORTING
MONTH MONTH
1. Number of PDS Assessed/Visited:
1.1 500 GT and above
1.2 499.99-200 GT
1.3 Below 200 GT
1.4 Denied Access
1.5 No response to notice
1.6 Ceased operation
1.7 By Type of ship
1.7.1 Passenger ship
1.7.2 Cargo ship
1.7.3 Passenger/Cargo Ship
1.7.4 Barge
1.7.5 Tug
1.7.6 Others
2. Total Tonnage Covered
2.1 500 GT and above
2.2 499.99-200 GT
2.3 Below 200 GT
3. Total Seafarers Covered
3.1 500 GT and above
3.1.1 Crew
3.1.2 Cadet
3.2 499.99-200 GT
3.2.1 Crew
3.2.2 Cadet
3.3 Below 200 GT
3.3.1 Crew
3.3.2 Cadet
3.4 Total Femal Seafarers covered
4. Total PDSs w/ Deficiencies:
4.1 Minimum Age
4.2 Medical Certification
4.3 Training and Qualification
4.4 Recruitment and Placement
4.5 Employment Agreement
4.6 Minimum Benefits
4.6.1 Minimum wage
4.6.2 Meal Period
4.6.3 Weekly rest period
4.6.4 Overtime pay
4.6.5 Regular holiday pay
4.6.6 Premuim pay for special holiday
4.6.7 Premuim pay for rest day work
4.6.8 Night shift differential
4.6.9 Service incentive leave
4.6.10 Separation pay
4.6.11 13th month pay
4.6.12 Maternity leave
4.6.13 Paternity leave
4.6.14 Sole parent leave
4.6.15 10 days leave for RA 9262
4.6.16 Special leave for women
4.6.17 Retirement pay
4.6.18 Service charges
4.6.19 Record keeping
4.6.20 Time of payment of wages
(FOR ALL SHIPS)
Department of Labor and Employment
Consolidated Report on Assessment and Certification of Philippine Domestic Ships (PDS)
ACTUAL PERFORMANCE
INDICATORS
DS FORM L. Reporting Form
DS FORM L
84
4.7 Hours of work
4.8 Hours of rest
4.9 Posting & Record Keeping of Shipboard
Working Arrangement
5.0 Right to Security of tenure
5.1 Right to Self-Organization and Collective Bargaining
5.2 Accomodations
5.2.1 Inspection of crew accommodation
5.2.2 Sleeping quarters/rooms
5.2.3 Mess rooms
5.2.4 Sanitation facilities
5.2.5 Recreational facilities
5.2.6 Hospital accommodation
5.3 Food and Catering
5.3.1 Food Handlers
5.3.2 Potable water
5.3.3 Potable water storage tanks
5.4 Maritime Occupational Safety & Health (MOSH)
5.4.1 OSH policies and program
5.4.2 Safety and Health Committee
5.4.3 Safety and Health Officer
5.5 Medical Care OnBoard and Oshore
5.6 OnBoard/Onshore Complaint Procedure
5.7 Social Security
5.7.1 SSS
5.7.1.1 No coverage
5.7.1.2 Non remittance
5.7.2 Philhealth
5.7.2.1 No coverage
5.7.2.2 Non remittance
5.7.3 Pag-ibig
5.7.3.1 No coverage
5.7.3.2 Non remittance
5.7.4 Employees Compensation & Insurance Fund
5.8 Shipboard Training of Cadets
5.8.1 Medical Certificates
5.8.2 Accomodations
5.8.3 Food and catering
5.8.4 Occupational Safety and Health
5.8.5 Complaint Procedures and Mechanism
5.8.6 Shipboard Training Agrrement for Cadets
5. Total PDS issued Checklist
5.1 500 GT and above
5.2 499.99-200 GT
5.3 Below 200 GT
6. Total PDS with deficiencies submitted action plan
6.1 500 GT and above
6.2 499.99-200 GT
6.3 Below 200 GT
7. Total PDS issued Notice of Results
7.1 500 GT and above
7.2 499.99-200 GT
7.3 Below 200 GT
8. Total PDS submitted status
8.1 500 GT and above
8.2 499.99-200 GT
8.3 Below 200 GT
9. Total PDS fully implemented action plan
9.1 500 GT and above
9.2 499.99-200 GT
9.3 Below 200 GT
10. Total PDS corrected deficiencies at plant level
10.1 500 GT and above
10.2 499.99-200 GT
10.3 Below 200 GT
11. Total amount of plant level restitution
11.1 500 GT and above
11.2 499.99-200 GT
11.3 Below 200 GT
12. Total seafarers benefitted
12.1 500 GT and above
12.2 499.99-200 GT
12.3 Below 200 GT
13. Total PDS provided assistance through DOLE Programs & Services
14. Total PDS with deficiencies given appropriate assistance leading to compliance
85
1.1 Pending cases at the beginning of the period
1.2 Newly filed cases
1.3 Total cases Handled
1.4 Cases Disposed
1.4.1 Withdrawn/dismissed
1.4.2 Amicably settled
1.4.2.1 Amount of awards/settlements
1.4.2.2 Seafarers benefitted
1.4.3 Compliance Order issued
1.4.3.1 Amount of awards/settlements
1.4.3.2 Seafarers benefitted
1.4.4 Cases endorsed to NLRC
1.5 Cases appealed to the Secretary
1.6 Total Cases pending at the end of the period
1.7 Total Cases Disposed Within the Process Cycle Time
1.8 Total Cases Disposed Beyond the Process Cycle Time
1.9 Writ of execution issued
1.7.1 served
1.7.1.1 Amount of awards/settlements
1.7.1.2 Seafarers benefitted
2.0 Cases refered to :
1.8.1 SSS
1.8.2 Philhealth
1.8.3 Pag-ibig
1.8.4 Employees Compensation Commission
2.1 Cases filed for violation of Art 128 of LCP
2.2 Cases filed for violation of Art 119 of LCP
Certified Correct By:
Chief, TSSD
(Name & Signature)
Date: __________________
Approved By:
Regional Director
(Name & Signature)
Date: ___________________
Disposition of Cases
86
Annex 1
Annex 1
87
Annex 2
Annex 2
88
Annex 3
Annex 3
89
Annex 4
Annex 4
90
Annex 5 Republic of the Philippines
Department of Labor and Employment BUREAU OF WORKING CONDITIONS
Manila
REPORT ON HEALTH AND SAFETY ORGANIZATION
Date Filled: __________________ Regional Labor Office No: ______ File Number: ________________
Name of Ship: _________________________________________________________________________ Office Address: ________________________________________________________________________ Type of Ship: __________________________________________________________________________ Gross Tonnage: ________________________________________________________________________ No. of Crew: __________________________________________________________________________ A. Policy and Program of Safety and Health: B. Composition of Safety and Health Committee: Type: _____________________ Name Position in Ship Master: Secretary: Members: C. Technical Information: A. Brief Description of vessel type and number and kind of operations equipment: Submitted by: Shipowner/Masters Name
Annex 5
91
Annex 6
SHIPOWNERS WORK ACCIDENT/ILLNESS REPORT (This report be submitted by the employer for every accident or illness to the Regional Office having jurisdiction on or before the 20 th day of the
month following the date of occurrence.)
1. Name of Ship_________________________________________________________ SHIPOWNERS 2. Address: __________________________ ___Gross Tonnage: ________________ 3. Name ofShipowner: ___________________________Nationality: _______________ 4. No. of Seafarers______________________ Male: _________ Female: ___________ INJURED OR ILL 5. Name: __________________________ Age: ____ Sex: ____ Civil Status: ___________ PERSON 6. Address: ______________________________________________________________ 7. Average Weekly Wage: P_________________ No. of Dependents: _______________ 8. length of service prior to accident or illness: OCCUPATIONAL 9. Occupation: ________________________ Experience at Occupation: _____________ HISTORY 10. Work Shift:___ 1st ___ 2nd ___ 3rd ___ Hours /day: _______ Day/Week: ___________ 11. Date of accident/illness: ______________________________ Time: _____________ 12. The accident involved: _______________________ Personal Injury: _____________ ACCIDENT Property Damage: _____________ OR 13. Description of accident/illness(Five full details on how accident/illness occurred): ILLNESS ________________________________________________________________________ ________________________________________________________________________ 14. Was injured doing regular part of job at the time of accident or illness. If not, why? ________________________________________________________________________
15. Extend of Disability: ______ Fatal ________ Permanent Total ____________ NATURE & Permanent Partial_______ Temporary Total______ Medical Treatment____ EXTENT OF 16.Nature of Injury or illness: ___________ Parts of Body Affected: __________ INJURY OR 17.Date Disability Begun: __________ Date Returned to Work: _____________ ILLNESS 18. Days Lost: _____________________ or Days Charged: __________________ 19. The Agency Involved: ____________________________________________ CAUSE OF 20. The Agency Part Involved: ________________________________________ ACCIDENT 21. Accident Type: _________________________________________________ OR ILLNESS 22. Unsafe Mechanical or Physical Condition: ___________________________ 23. The Unsafe Act: ________________________________________________ 24. Contributing Factor: _____________________________________________ 25. Preventive Measures (Taken or Recommended): ______________________ PRESENTIVE 26. Mechanical guards, personal protective equipment and other safeguards MEASURES Provided:______________________________________________________ 27. Were all safeguards in use? _________ If not, why? ____________________ _______________________________________________________________ 28. Compensation: ______________________ P__________________________ 29. Medical and Hospitalization: _______________________________________
Annex 6
92
30. Burial: ________________________________________________________ MANPOWER 31. Time Lost on Day of Injury: ________________________________________ Hrs. __________ Mins. ______________ 34. Damage to Machinery and Tools(Described). __________________________ MACHINERY 35. Cost of repair or replacement: _____________________________________ AND TOOLS P_______________________________ 36. Lost production Time: _______________________ Cost: ________________ 37. Damage to Materials (Described). __________________________________ MATERIALS 38. Cost of repair or replacement: _____________________________________ P_______________________________ 39. Lost Production Time _____________________ Cost: __________________ 40. Damage to Equipment(Described). __________________________________ EQUIPMENT 41. Cost of repair or replacement: _____________________________________ P_______________________________ 42. Lost Production Time: ____________________________________________ I HEREBY CERTIFY on my honor to the accuracy of the foregoing information. Date Investigating Officer & Position Employer
93
Annex 7
Annex 7
94
95
Annex 8 Annex 8
96
97
98
SAMPLE FORMAT OF ATTESTATION FOR EXISTING SHIP’S MESSMAN, COOK OR STEWARD (Note: Attestation should be prepared on shipowner’s or representative of the shipowner’s letterhead) Attestation of competency for seafarers serving as ship’s messman, cook or steward prior to entry into force of MLC, 2006 THIS IS TO ATTEST THAT (Name of Seafarer), born on (date of birth) and holding Philippine S.I.R.B. (Number):
1) Has (years and months) seagoing service as a ship’s messman, cook or steward on the following ships operated/managed by the following shipowner(s) as indicated below1:
Name of Vessel Dates of Service Name of Shipowner i. ii. iii.
The sea service is indicated in the attached SIRB pages or similar Seaman’s Book; and
2) Is considered by the undersigned to be qualified and competent in:
a) Practical cookery e) Stock control; b) Food and personal hygiene f) Environmental protection; and c) Food handling; g) Catering health and safety d) Food storage
Issued by the Shipowner2 / Representative of the shipowner3: ___________________________ Date of Issue: ______________________________ Signature of authorized person: ________________________________ Name and title of authorized person: ____________________________ Print name and title A Copy of this attestation has been provided to: (Name of Seafarer), a copy should be onboard the ship and the same is submitted to Department of Labor and Employment.
1 service of at least two (2) years should be on ships managed/operated by that shipowner, or on ships to which the representative of
the shipowner/s has recruited and placed the ship’s cook on behalf of the shipowner/s.
2 shipowner: The owner of the ship or another organization or person, such as the manager. Agent or bareboat charterer, who has
assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take
over the duties and responsibilities imposed on shipowners in accordance with MLC, 2006, regardless of whether any other
organization or persons fulfill certain of the duties or responsibilities on behalf of the shipowner.
3 Representative of the shipowner: Any person, office, company, institution, agency or other organization, in the public or the private
sector, which is engaged in recruiting seafarers on behalf of shipowners or placing seafarers with shipowners, and with whom the
shipowner has a contractual arrangement.
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NAME OF CLINIC DOH ACCREDITATION NUMBER
Clinic Address Clinic Contact Information
Email Address
Family Name: First Name: M.I.:
Gender: Male Female Civil status Date of Birth: (day/month/year)
Nationality: Position:
Passport No: SIRB:
Address: Company:
Satisfactory Hearing: Yes No Not Applicable
Satisfactory Sight: Unaided: Yes No Aided: Yes No
Colour Vision – Defective: Yes No
Fit For Look-Out Duties:
Yes No
Visual Aids: (if worn) Glasses Contact Lenses
Official Stamp I confirm that the hearing and sight of the seafarer concerned, and the
colour vision in the case of a seafarer to be employed in capacities where fitness for the work to be performed is liable to be by defective colour vision, are all satisfactory; and that the seafarer concerned is not suffering from any medical condition likely to be aggravated by service at sea or to render the seafarer unfit for such service or to endanger the health of other persons on board. ____________________________________________________ Name and Signature of Examining/Authorized Physician Date of Examination:___________________________________ Approved by: ___________________________________________________ Medical Director
I hereby authorize the release of all my medical records to the DOH/ MARINA/ POEA, my employer, ____________________, and und ersigned medical practitioners. (name of clinic) I have read and understood the contents of my PEME Certificate. Seafarer’s Signature: _____________________________________________________________________________
Date of Issuance of PEME Certificate: Date of Expiration of PEME Certificate: (day/month/year) __________________________________ (day/month/year) _________________________________________
SEAFARER’S MEDICAL EXAMINATION CERTIFICATE Approved by the Department of Health of the Philippines
Issued in Compliance with the Maritime Labour Convention 2006
FIT UNFIT
Restrictions:
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CREW ACCOMMODATION REQUIREMENTS Matrix
Particulars MLC, 2006 Convention 092 Convention 133
Coverage
- 500 Gross Tonnage, International Voyage
- More than 500 Tons
- More than 1000 Tons - The competent authority shall, after consultation with the organisations of shipowners and/or the shipowners and with the bona fide trade unions of seafarers, determine the extent to which it is appropriate, taking into consideration the need for off-duty accommodation, to make exceptions or to diverge from the provisions of this Convention
Maximum number of persons per sleeping rooms
- One (1) person per room
- Persons allowed to occupy sleeping rooms shall not exceed the following maxima:
> officers in charge of a department, navigating and engineer officers in charge of a watch and senior radio officers or operators: one (1) person per room;
> other officers: one (1) person per
- Two (2) persons per room, except in passenger ships where the maximum number permissible shall be four.
- Petty officers occupying sleeping rooms shall not exceed one or two persons per room.
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room
wherever possible, and not more than two (2);
> (c) petty officers: one or two persons per room, and in no case more than two;
> (d) other ratings: two or three persons per room
wherever possible, and not more than four.
- To ensure adequate and more comfortable accommodation the competent authority may, after consultation with the organisations of shipowners and/or the shipowners and the bona fide trade unions of seafarers, grant permission to accommodate up to ten ratings per sleeping room in the case of certain passenger ships.
Sleeping rooms
- Single berth sleeping room
> Less than 3000 GT – 4.5 m2
> 3000 – 10000 GT – 5.5 m2
- Adequately insulated and ventilated - In passenger ships
> properly lighted by
- Floor area per person of sleeping rooms intended for ratings:
> 1000 – 3000 tons - 3.75 m2
> 3000 10000 tons
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> More than 10000 GT – 7 m2
- Less than 3000 GT (passenger ships and special purpose ships) – floor area may be reduced. - Less than 3000 GT – 2 persons per room with floor area of not less than 7 m2 - In passenger ships
> 2 Persons – 7.5 m2
> 3 Persons – 11.5 m2
> 4 Persons – 14.5 m2
- Sleeping rooms for officers, where no private sitting room or day room is provided:
> Junior Officers – 7.5 m2
> Senior Officers – 8.5 m2
natural light and shall be provided with adequate artificial light
- Floor Area per person, intended for ratings:
> Less than 800 tons - 20 sq. ft. or 1.85 sq.
m. > 800 to 3000
tons - 25 sq. ft. or 2.35 sq.
m. > 3000 tons or
over - 30 sq. ft. or 2.78 sq. m.
> More than four ratings are berthed in one room, the minimum per person may be 24 sq. ft. (2.22 sq. m.) (In passenger ships)
> the total sleeping space allotted to the group or groups is not less than would have been allotted had the numbers not been so increased, and
> the minimum floor area of sleeping
- 4.25 m2
> More than 3000 tons - 4.75 m2
- Floor area per person of sleeping rooms intended for two ratings:
> 1000-3000 tons - 2.75 m2
> 3000 - 10000 tons - 3.25 m2
> ≥ 10000 tons - 3.75 m2
- In passenger ships > 1000 – 3000
tons - 2.m2 (25.30 square feet) per person
> 3,000 tons or over -
1 person - 3.75 m2
(40.36 square feet)
2 persons - 6.00 m2
(64.58 square feet)
3 persons - 9.00 m2 (96.88 square feet)
4 persons - 12.00 m2(129.17
square feet) - sleeping rooms for officers, where no private sitting room or day room is provided:
> < 3000 tons - 6.50 square metres (69.96 square feet)
> > 3000 tons - 7.50 square
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rooms is not less than-
≤ 3000 tons - 18 sq. ft.
(1.67 sq. m.) per person
≥ 3000 tons - 20 sq. ft. (1.85 sq. m.) per person
- Crew Sleeping Room
> Clear head room - 6 ft. 3 ins. (190 cm.)
- Members of the crew shall be provided with individual berths. - Berths shall not be placed side by side in such a way that access to one berth can be obtained only over another. - Berths shall not be arranged in tiers of more than two; in the case of berths placed along the ship's side, there shall be only a single tier where a sidelight is situated above a berth.
> minimum inside dimensions of a berth - 190 x 68 cm
metres (80.73 square feet)
- In ships other than passenger ships an individual sleeping room shall be provided for each adult member of the crew, where the size of the ship, the activity in which it is to be engaged, and its layout make this reasonable and practicable. - 3,000 tons or over (where practicable): the chief engineer officer and the chief navigating officer shall have, in addition to their sleeping room, an adjoining sitting room or day room. - Minimum inside dimensions of a berth - 198 x 80 cm
- Minimum headroom: > full and free
movement is necessary
> 198 centimetres (6 feet 6 inches)
> Provided that the competent authority may permit some limited reduction in headroom in any space, or part of any space, in such accommodation where it is satisfied that it is reasonable to do so and also that such reduction
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> Lower berth in a double tier - 12 ins. (30 cm.)
> Upper berth shall be placed approximately midway between the bottom of the lower berth and the lower side of the deckhead beams.
> Each berth shall be fitted with a spring bottom or a spring mattress and with a mattress of approved material. Stuffing of straw or other material likely to harbour vermin shall not be used.
- Clothes locker for each occupant.
> height:152 cm
> area: 19.3 dm2 = 300 l
> drawer: 2 cu. ft. (.056 cu. m.)
- Each sleeping
will not result in discomfort to the crew.
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room shall be provided with a table or desk, which may be of the fixed, dropleaf or slide-out type, and with comfortable seating accommodation as necessary. - Sleeping rooms shall be fitted with curtains for the sidelights. - Sleeping rooms shall be fitted with a mirror, small cabinets for toilet requisites, a book rack and a sufficient number of coat hooks.
Mess Rooms
- Shall be located apart from the sleeping rooms and as close as practicable to the galley. - Must be of adequate size and comfort and properly furnished and equipped, taking account of the number of seafarers likely to use them at any one time.
- Adequately insulated and ventilated - Sufficient mess room accommodation shall be provided in all ships - less than 1,000 tons separate mess room accommodation shall be provided for--
> master and officers;
> petty officers and other ratings.
- 1,000 tons and over separate mess room accommodation
- Floor area for ratings - 1 m2 (10.76 square feet)
- There shall be available at all times when members of the crew are on board--
> a refrigerator, which shall be conveniently situated, of sufficient capacity for the number of persons using the mess room or mess rooms;
> facilities for hot beverages; and
> cool water facilities.
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shall be provided for--
> master and officers;
> deck department petty officers and other ratings;
> engine department petty officers and other ratings;
> one of the two mess rooms for the petty officers and other ratings may be allotted to the petty officers and the other to the other ratings;
> a single mess room may be provided for deck and engine department petty officers and other ratings in cases in which the organizations of shipowners and/or shipowners and the recognized bona fide trade unions of seafarers concerned have
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expressed a preference for such an arrangement.
- 5,000 tons or over with more than five persons in the catering department consideration shall be given to the provision of a separate mess room - The dimensions and equipment of each mess room shall be sufficient for the number of persons likely to use it at any one time. - To be equipped with tables and approved seats sufficient for the number of persons likely to use them at any one time. - To be located apart from the sleeping rooms and as close as practicable to the galley. - In ships of over 3,000 tons one room for the deck department and one room for the engine department shall be provided and equipped for use as an office.
Sanitary - Must have - Adequately - For every 6 persons
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Accommodations convenient access on the ship to sanitary facilities meeting minimum standards of health and hygiene and reasonable standards of comfort. - Separate facilities for men and women - Minimum of one (1) toilet, one (1) wash basin, and one (1) wash tub or shower for every six (6) persons - Shall have hot and cold running fresh water, except where such area is situated in the private bathroom. -Furnish laundry facilities
insulated and ventilated - Sufficient sanitary accommodation
> wash basins > tub / baths
- Number of separate water closets
> in ships of under 800 tons - 3;
> in ships of 800 tons or over, but under 3,000 tons - 4
> in ships of 3,000 tons or over - 6
> in ships where the radio officers or operators are accommodated in an isolated position, sanitary facilities near or adjacent thereto shall be provided.
- For all members of the crew who do not occupy rooms to which private facilities are attached shall be provided for each group:
> one tub and/or shower bath for every eight persons or less;
(1 Water Closet, 1 Tub and/or shower bath with separate facilities for women)
> 5000-15000 tons – individual sleeping rooms for at least five officers; separate private bathroom with a water closet as well as a tub and/or shower bath and a wash basin having hot and cold running fresh water; the wash basin may be situated in the sleeping room
> 10000-15000 – sleeping rooms of all other officers shall have private intercommunicating bathrooms
> >25000 tons – ships other than passenger ships, a bathroom for every two ratings shall be provided, either in an intercommunicating compartment between adjoining sleeping rooms or opposite the entrance of such rooms, which shall be fitted with a water closet as well as
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> one water closet for every eight persons or less;
> one wash basin for every six persons or less: (Provided that when the number of persons in a group exceeds an even multiple of the specified number by less than one-half of the specified number this surplus may be ignored)
- When the total number of the crew exceeds 100 and in passenger vessels normally engaged on voyages of not more than four hours' duration, consideration may be given by the competent authority to special arrangements or a reduction in the number of facilities required. - Cold fresh water and hot fresh water or means of heating water shall be available in all
a tub and/or shower bath and a wash basin having hot and cold running fresh water
- facilities for washing, drying and ironing clothes shall be provided for officers and ratings on a scale appropriate to the size of the crew and the normal duration of the voyage. These facilities shall, whenever possible, be located within easy access of their accommodation. - facilities to be provided shall be -
> washing machines;
> drying machines or adequately heated and ventilated drying rooms; and
> iron and ironing boards or their equivalent.
- 1,600 tons or over: > separate
compartment > water closet > wash basin
having hot and cold running fresh water
(within easy access of the navigating bridge deck primarily for those on duty in the area) (water closet and a wash basin having hot
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communal wash places. The competent authority, in consultation with the organizations of shipowners and/or the shipowners and with the recognized bona fide trade unions of seafarers, may fix the maximum amount of fresh water which the shipowner may be required to supply per man per day. - intended for the use of more than one person shall comply with the following requirements:
> floors shall be of approved durable material, easily cleaned and impervious to damp, and shall be properly drained;
> bulkheads shall be of steel or other approved material; watertight up to at least 9 ins. (23 cm.) above the level of the deck;
> shall be
and cold running fresh water, within easy access of the machinery space if not fitted near the engine room control centre) - 1,600 tons or over (other than ships in which private sleeping rooms and private or semi-private bathrooms are provided for all engine department personnel, facilities for changing clothes):
> located outside the machinery space but with easy access to it; and
> fitted with individual clothes lockers as well as with tubs and/or shower baths and wash basin having hot and cold running fresh water.
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sufficiently lighted, heated and ventilated;
> water closets shall be situated convenient to, but separate from, sleeping rooms and wash rooms, without direct access from the sleeping rooms or from a passage between sleeping rooms and water closets to which there is no other access: Provided that this requirement shall not apply where a water closet is located in a compartment between two sleeping rooms having a total of not more than four persons;
> For more than one water closet in a compartment; sufficiently screened to ensure privacy.
- facilities for
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washing clothes > suitable sinks,
which may be installed in wash rooms,
> if separate laundry accommodation is not reasonably practicable,
> with an adequate supply of cold fresh water and hot fresh water or means of heating water.
- In ships regularly trading to mosquito-infested ports provision shall be made to protect the crews' quarters against the admission of mosquitoes by the fitting of suitable screens to side scuttles, ventilators and doors to the open deck. - Crew accommodation shall be maintained in a clean and decently habitable condition and shall be kept free of goods and stores not the personal property of the occupants.
Hospital Accommodation
- Minimum requirement for ships carrying 15 or
- Adequately insulated and ventilated
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more seafarers and engaged in voyage of more than three days duration
- (Any ship) A crew of fifteen or more; engaged in a voyage of more than three days' duration - separate hospital accommodation (The competent authority may relax this requirement in respect of vessels engaged in coastal trade) - Hospital accommodation shall not be used for other than medical purposes. - If no doctor onboard: An approved medicine chest with readily understandable instructions
Recreation Accommodation
- Adequately insulated and ventilated
- Recreation accommodation, conveniently situated and appropriately furnished, shall be provided for officers and for ratings. - Where this is not provided separately from the mess rooms the latter shall be planned, furnished and equipped to give recreational facilities. - 8,000 tons or over –
> smoking room > library room in
which films or television may be shown
> hobby and
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games room > consideration
shall be given to the provision of a swimming pool.
Lighting
- In all ships, electric light should be provided in the seafarer accommodation. - If there are not two independent sources of electricity for lighting, additional lighting should be provided properly constructed lamps or lighting apparatus for emergency use. - In sleeping rooms an electric reading lamp should be installed at the head of each berth. - Suitable standards of natural and artificial lighting should be fixed by competent authority.
- All crew spaces shall be adequately lighted. The minimum standard for natural lighting in living rooms shall be such as to permit a person with a normal vision to read on a clear day an ordinary newspaper in any part of the space available for free movement. When it is not possible to provide adequate natural lighting, artificial lighting of the above minimum standard shall be provided. - In all ships electric lights shall be provided in the crew accommodation. If there are not two independent sources of electricity for lighting, additional lighting shall be provided by properly constructed lamps or lighting apparatus for emergency use. - Artificial lighting
- Adequately lighted - Subject to such special arrangements as may be permitted in passenger ships, sleeping rooms and mess rooms shall be lighted by natural light and shall be provided with adequate artificial light. - electric light shall be provided in the crew accommodation. If there are not two independent sources of electricity for lighting, additional lighting shall be provided by properly constructed lamps or lighting apparatus for emergency use. - In sleeping rooms an electric reading lamp shall be installed at the head of each berth. - Suitable standards of natural and artificial lighting shall be fixed by the competent authority.
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shall be so disposed as to give the maximum benefit to the occupants of the room. - In sleeping rooms an electric reading lamp shall be installed at the head of each berth.
- The master, or an officer specially deputed for the purpose by him, accompanied by one or more members of the crew, shall inspect all crew accommodation at intervals of not more than one week. The results of each such inspection shall be recorded.
