Maritime Labour Convention, 2006 (MLC, 2006) - Philippines (Ratification: 2012)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2016 and 2018 entered into force for the Philippines on 8 January 2019 and 26 December 2020, respectively, and that those approved in 2022 will enter into force on 23 December 2024.

Article I. General questions on application. Implementing measures. The Committee notes that Republic Act No. 12021 providing for the Magna Carta of Filipino Seafarers was passed by the Senate of the Philippines and the House of Representatives on 31 July 2024 and signed by the President of the Philippines on 23 September 2024. It notes that the Act refers in various sections to implementing rules and regulations. The Committee welcomes the adoption of these national provisions and draws the Government’s attention to the points set out below as necessary measures for achieving full implementation of the Convention.The Committee also requests the Government to indicate the progress made towards the adoption of the implementing rules and regulations and to provide a copy once adopted.

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. Domestic Seafarers. The Committee notes that the Magna Carta of Filipino Seafarers applies to Filipino seafarers who are engaged, employed, or who work in any capacity on board a ship or vessel plying international waters, whether Philippine-registered or foreign-registered, and that this Act partially applies to seafarers who are engaged, employed, or who work in any capacity on board domestic ships, as they are covered by general labour provisions. The Committee, however, observes that the latter provisions do not seem to give effect to some of the following requirements of the Convention with respect to domestic seafarers: (i) the content of the seafarer’s employment agreement (SEA) (Standard A2.1, paragraph 4); (ii) monthly account of payments (Standard A2.2, paragraph 2); (iii) compensatory rest to be granted in specific circumstances (Standard A2.3,paragraphs 7, 8, 9 and 14); (iv) copy of the records of daily hours of work or of daily hours of rest (Standard A2.3, paragraph 12); (v) annual leave (Standard A2.4, paragraph 2); (vi) entitlement to shore leave (Regulation 2.4, paragraph 2); and (vii) safeguarding of property left on board (Standard A4.2.1, paragraph 7). The Committee draws the Government’s attention to its comments below under each specific requirement of the Convention for which domestic seafarers do not seem to be covered.

Cadets. The Committee notes that section 4 of the Magna Carta of Filipino Seafarers provides that this Act includes Filipino cadets in accordance with the provisions of Chapter XVIII which prescribes the education and training requirements. The Committee observes in particular that section 77 of the Act provides that there shall be a written agreement between the shipowner, cadet, and the maritime institution or school, which shall embody the information, terms and conditions of the cadetship program, defined as a shipboard training agreement. It further notes that the Maritime Industry Authority (MARINA) shall issue the applicable guidelines on shipboard training for overseas and domestic ships. The Committee requests the Government to indicate whether the national provisions implementing the requirements of the Convention provided for under Title II on conditions of employment apply to cadets or whether specific measures have been adopted that differ. Noting that the Magna Carta for Filipino Seafarers refers to guidelines for the effective implementation of the cadetship program to be adopted, the Committee also requests the Government to provide a copy thereof once adopted.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes that section 27 of the Magna Carta of Filipino Seafarers provides that, except for cadets, the minimum age required for employment or engagement to work on board Philippine-registered ships operating domestically or internationally and on board foreign-registered ships shall be eighteen years old. The Committee observes that there does not seem to be national provisions prohibiting night work of cadets, and whether exceptions to the strict compliance of night work have been established. The Committee recalls that Standard A1.1, paragraph 2 requires that night work prohibited to seafarers under 18 shall cover a period of at least nine hours, and that an exception to the strict compliance with the night work restriction may only be made in the circumstances foreseen in Standard A1.1, paragraph 3.Referring to its comment under Article II, the Committee requests the Government to indicate how it ensures compliance with the requirements of the Convention that: (i) night work prohibited to seafarers under 18 shall cover a period of at least 9 hours (Standard A1.1, paragraph 2); and (ii) exceptions to such prohibition are only allowed in conformity with Standard A1.1, paragraph 3.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee observes that, pursuant to section 138 of the Labour Code, any person between 14 and 18 years of age may be employed in any non-hazardous undertaking for such number of hours and during certain periods of the day as determined by the Secretary of labour in appropriate regulations. DOLE DO No. 149 (Section 6) on Guidelines in assessing and determining hazardous work in the employment of persons below 18 years of age specifies that work and activities in the industrial classifications, such as transportation and storage, would subject the child to conditions which are declared hazardous. This includes the provision of passenger or freight transport, whether scheduled or not, by rail, road, water or air and associated activities such as terminal and parking facilities, cargo handling and storage. Also included are the renting of transport equipment with driver or operator, and the postal and courier activities. While taking into account this information, the Committee, however, notes that the Government has not determined the types of work likely to jeopardize the health or safety of cadets between the age of 16 and 18, specific to the maritime sector. The Committee recalls that pursuant to Standard A1.1, paragraph 4, the types of such work shall be determined by national laws or regulations or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned, in accordance with relevant international standards. Referring to its comment under Article II, the Committee requests the Government to indicate the measures taken to adopt the list of such types of work for the maritime sector after consultation with shipowners’ and seafarers’ organizations.

Regulation 1.4, paragraph 3 and Standard A1.4, paragraph 8. Recruitment and placement. Services based in countries in which the Convention does not apply. Advice to seafarers. The Committee notes that the recruitment and placement of seafarers working on ships engaged in international voyages is regulated by the Magna Carta of Filipino Seafarers which reproduces most of the requirements of Standard A1.4 and by the 2016 revised POEA (Philippines Overseas Employment Administration) Rules and Regulations governing the recruitment and employment of seafarers. The POEA rules and regulations regulate the procedure for licensing of private employment agencies, their monitoring for compliance with these rules and applicable labour laws and social legislation, recruitment violations and assistance provided to seafarers. Under these rules and regulations, the agency shall deposit an escrow with a bank to answer for all valid and legal claims arising from contracts of employment and violations of the conditions for the grant and use of the license, and guarantee compliance with prescribed recruitment procedures, rules and regulations, appropriate terms and conditions of employment. The Committee notes that the recruitment and placement of domestic seafarers is regulated by the Labor Code. The Committee understands that DOLE DO No. 216-20 on rules and regulations governing recruitment and placement of industry workers by private employment agencies (PEA) for local employment also applies to domestic seafarers and prescribes the system of licensing. Both provisions of the Labor Code and DOLE DO No. 216-20 require the payment of a surety bond through a bonding company to answer legal claims arising from the use of license, and guarantee compliance with the provisions of the Labor Code, its implementing rules and relevant issuances on recruitment and placement. The Committee notes that the Government has not provided information on the measures taken to require that shipowners of ships flying the Philippines flag who use recruitment and placement services which operate in countries that have not ratified the Convention, ensure, as far as practicable, that those services meet the requirements of the Convention. The Committee requests the Government to clarify whether this situation exists in practice and, if that is the case, to explain how it gives effect to Regulation 1.4, paragraph 3, and Standard A1.4, paragraphs 9 and 10.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee notes that the MARINA issued Memorandum Circulars No. MD-2024-01 and No. MD-2024-02 regarding the policies, standards and guidelines for the issuance, revocation and reissuance of seafarer’s record book (SRB) and seafarer’s identity document (SID) which provide that the Master or Authorized company shall ensure the proper filling up of entries on the SRB as shown in the sample table enclosed. Such entries do not include information on the quality of the seafarers’ work, or on their wages. The Committee, however, observes that section 20 of the Magna Carta of Filipino Seafarers provides that at the expiration of the employment contract of the seafarer, the seafarer shall be given a record of his/her employment on board the ship or a certificate of employment specifying the length of service, the position the seafarer occupied, an account of his/her final wages, and such other relevant information. Recalling that the record of employment shall not contain any statement as to the quality of the seafarers’ work or as to their wages, the Committee requests the Government to indicate how it gives effect to Standard A2.1, paragraphs 1(e) and 3.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes that section 34 of the Magna Carta of Filipino Seafarers applies to Filipino seafarers employed on Philippine registered ships engaged in international voyages and lists the matters to be included in a SEA in compliance with the requirements of Standard A2.1, paragraph 4. For seafarers employed on Philippine registered ships engaged in domestic voyages, DOLE DO No. 129 of 2013 provides under rule III, section 1 the particulars to be included in an employment agreement for seafarers. The Committee, however, observes that the particulars mentioned do not include the termination of the agreement and its condition (Standard A2.1, paragraph 4(g)), the seafarer’s entitlement to repatriation (Standard A2.1, paragraph 4(i)), and reference to the collective bargaining agreement, if applicable (Standard A2.1, paragraph 4(j)). Noting that section 5 of the Magna Carta of Filipino Seafarers provides that DOLE shall issue the necessary guidelines on the employment and working conditions of domestic seafarers, the Committee requests the Government to ensure that the content of SEAs fully complies with the Convention. The Committee requests the Government to provide an example of a SEA for domestic seafarers as well as for seafarers employed on Philippine registered ships engaged in international voyages.

Regulation 2.2 and Standard A2.2, paragraph 2. Wages. Monthly account. The Committee observes that section 6(B) of the POEA Standard Terms and Conditions Governing the Overseas Employment of Filipino Seafarers on Board Ocean-Going Ships provides that seafarers shall be given a monthly account of the payments due and the amounts paid to them, including wages, additional payments and the rate of exchanges used. With respect to domestic seafarers, DOLE DO No. 129 of 2013 and the Labor Code do not seem to require a monthly account of the payments due and the amounts paid. The Committee requests the Government to indicate the measures taken to ensure that domestic seafarers are provided with a monthly account of payments that includes the information provided for under Standard A2.2, paragraph 2.

Regulation 2.2 and Standard A2.2, paragraphs 3 to 5. Wages. Allotments. The Committee notes that section 38 of the Magna Carta of Filipino Seafarers and section 8(A) of the POEA Standard Terms and Conditions Governing the Overseas Employment of Filipino Seafarers on Board Ocean-Going Ships provide for a mandatory remittance of wages from Filipino seafarers payable once a month to their designated allottee in the Philippines. The allotment shall be at least 80 per cent of the seafarer’s monthly salary. The Committee recalls that Standard A2.2, paragraphs 3 and 4(a) of the MLC, 2006 provides for remittances by seafarers on a purely voluntary basis. Referring to its comment under Article 6 of the Protection of Wages Convention, 1949 (No. 95), the Committee requests the Government to adopt the necessary measures to review its legislation to ensure that there are no mandatory remittances imposed on Filipino seafarers.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. While noting that the national provisions indicate that the normal working hours standard for seafarers, whether on ships operating domestically or internationally, is based on an eight-hour day with one day of rest per week, they do not seem to include measures for seafarers under the age of 18. The Committee notes that section 77 of the Magna Carta of Filipino Seafarers provides that there shall be a written agreement between the shipowner, cadet, and the maritime institution or school, which shall embody the information, terms and conditions of the cadetship program. The MARINA shall issue the necessary guidelines for the effective implementation of this cadetship program, taking into account the nature of the maritime degree. TheCommittee requests the Government to indicate whether such guidelines have been established and whether they include measures with respect to hours of work or hours of rest for seafarers under the age of 18 on board ships, whether operating domestically or internationally, and giving due consideration to Guideline B2.3.1.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. The Committee notes that the national provisions (i.e. Rule III, section 3 of DOLE DO No. 129 of 2013 applicable to domestic seafarers, section 35 of the Magna Carta for Filipino Seafarers applicable to seafarers on international voyages, as well as item 8 under section V – Specific provisions – of Memorandum Circular No. SC-2023-01 on Rules and Regulations on seafarers’ required hours of rest for Philippine-registered ships engaged in international trade), allow exceptions to the required hours of rest which provide for 10 hours of rest in any 24-hour period and 77 hours in any seven day period and for hours of rest to be divided into no more than two periods, one of which shall be at least six hours, and the interval between consecutive periods of rest not to exceed 14 hours. The Committee recalls that the limits on hours of work or rest shall not exceed those established under Standard A2.3, paragraphs 5 and 6, including those provided for in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW), and that any exceptions which do not fall within those covered by paragraph 14, must follow the requirements of Standard A2.3, paragraph 13, and be provided by collective agreements. The Committee therefore requests the Government to specify if any exceptions to the minimum hours of rest have been permitted up to this date and to indicate the measures taken or envisaged to ensure that any exceptions to the provisions set out in Standard A2.3, paragraphs 5 and 6, other than those justified under paragraph 14 of the same Standard, are only provided through a collective agreement, and not fixed by law, as required by Standard A2.3, paragraph 13.

Regulation 2.3 and Standard A2.3, paragraphs 7 to 9 and 14. Compensatory rest. The Committee observes that there does not seem to be legislative provisions concerning the requirements for domestic seafarers relating to the mitigation of the disturbance caused by the various types of exercise (Standard A2.3, paragraph 7), and measures taken to ensure that seafarers whose schedule of hours of rest is temporarily suspended in accordance with the Convention are always granted an adequate period of rest (Standard A2.3, paragraph 8) and the provision of compensatory rest for seafarers once the normal situation has been restored (Standard A2.3, paragraph 14). The Committee therefore requests the Government to indicate the measures taken or envisaged for domestic seafarers to ensure the application of Standard A2.3, paragraphs 7, 8, 9 and 14.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. The Committee notes that Rule III-section 6 of DOLE DO No. 129 of 2013 provides that the shipowner shall post, in an easily accessible place, a table of shipboard working 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. The shipowner shall likewise maintain records of the seafarer’s daily hours of work or rest for the purpose of monitoring compliance thereof. The Committee, however, observes that there does not seem to be national provisions with respect to the requirements that seafarers shall receive a copy of the records of daily hours of work or of daily hours of rest pertaining to them, which shall be endorsed by the master, or a person authorized by the master, and by the seafarers, in accordance with Standard A2.3, paragraph 12. The Committee requests the Government to indicate the measures taken with respect to domestic seafarers to give full effect to this requirement of the Convention.

Regulation 2.4 and the Code. Entitlement to leave. The Committee notes that the Labor Code and DOLE DO NO. 129 of 2013 do not specify the requirement of annual leave for domestic seafarers in accordance with Standard A2.4. The Committee observes that section 36 of the Magna Carta of Filipino Seafarers provides that, unless higher annual leave is provided under the CBA, the standard employment contract, or by the shipowner as company practice or policy, seafarers shall be paid an annual leave to be calculated based on a minimum of 2.5 calendar days per month of employment, without prejudice to any future increase prescribed by laws, rules, or regulations. Noting that section 36 of the Magna Carta of Filipino Seafarers does not apply to domestic seafarers, the Committee requests the Government to indicate how it ensures that seafarers on domestic ships are granted annual leave on the basis of a minimum of 2.5 calendar days per month of employment, as required under Standard A2.4, paragraph 2.

Regulation 2.4 and Standard A2.4, paragraph 3. Prohibition to forgo paid annual leave. Exceptions. The Committee requests the Government to specify whether any agreements to forgo the minimum annual leave with pay are prohibited under national legislation and to refer to the applicable legislation.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes that section 35 of the Magna Carta of Filipino Seafarers and section 13 of the POEA Standard Terms and Conditions Governing the Overseas Employment of Filipino Seafarers on Board Ocean-Going Ships provide that seafarers shall be entitled to shore leave. The Committee observes that the Labor Code and DOLE DO No. 129 are silent on this matter with respect to domestic seafarers. The Committee requests the Government to indicate the measures taken to ensure that domestic seafarers shall be granted shore leave in accordance with Regulation 2.4, paragraph 2.

Regulation 2.5, paragraph 2. Repatriation. Financial security. The Committee notes that the provisions of section 50 of the Magna Carta of Filipino Seafarers requires the shipowner to provide financial security to assist seafarers in the case of abandonment and that both section 51 of the same Act and section 37-A of Republic Act No. 10022, amending Republic Act No. 8042, otherwise known as the migrant workers and overseas Filipinos Act of 1995, provide for compulsory insurance for repatriation costs of agency hired workers. The Committee notes that the national provisions do not seem to cover the requirement for a shipowner to provide financial security to ensure that seafarers are duly repatriated in cases of direct hire. The Committee recalls that paragraph 2 of Regulation 2.5 requires that ships flying the national flag provide financial security to ensure that seafarers are duly repatriated in accordance with the Code, not limited to circumstances of abandonment and to agency-hired workers. The Committee requests the Government to indicate the provisions that require the provision of financial security to ensure repatriation for both domestic seafarers and those engaged, employed, or who work in any capacity on board a ship or vessel plying international waters, not limited to circumstances of abandonment and to recruitment via a manning agency.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee notes that section 52 and Chapter XII of the Magna Carta of Filipino Seafarers, section 19 et seq. of the POEA Standard Terms and Conditions Governing the Overseas Employment of Filipino Seafarers on Board Ocean-Going Ships and section 37-A of Republic Act No. 10022, amending Republic Act No. 8042, prescribe the circumstances under which a seafarer has a right to repatriation. The Committee notes that section 61, under Chapter XII of the Magna Carta for Filipino Seafarers provides in particular that “all costs related to the repatriation and transport of the personal effects and remains of seafarers, including the provision of financial security in case of abandonments of seafarers, shall be borne by the shipowner or manning agency, shall expedite the repatriation without prior determination of the cause of repatriation or termination of the seafarer’s employment.” While noting this information, the Committee, observes that section 62 of the same Act prescribes that “in cases where the termination of employment is for just cause or upon the request of the seafarer, the cost of repatriation shall be for the account of the seafarer in accordance with the employment agreement”. Section 19.E of the POEA Standard Terms and Conditions also provides that when a seafarer is discharged for any just cause, the employer shall have the right to recover the costs of his replacement and repatriation from the seafarer’s wages and other earnings and section 19.G states that a seafarer who requests for early termination of his contract shall be liable for his repatriation cost or his replacement. The Committee draws the Government’s attention to the fact that these provisions do not cover the right to repatriation of seafarers at no cost to themselves ”when the seafarers’ employment agreement is terminated by the shipowner”, or “when the seafarers’ employment agreement is terminated by the seafarer for justified reasons”, as required by Standard A2.5.1 paragraph 1(b). The Committee accordingly requests the Government to indicate the measures taken or envisaged to fully align its legislation with the requirements of Standard A2.5.1, paragraph 1(b).

The Committee further observes that, under section 64 of the Magna Carta for Filipino Seafarers, a waiver of entitlement to repatriation shall be valid only if it is written and made freely and voluntarily, with full knowledge of its consequences. The Committee recalls that the Convention does not provide that the right to repatriation ends when the circumstances provided under Standard A2.5.1, paragraph 1, are met. The only case in which this right may lapse in conformity with the Convention is contemplated under Guideline B2.5.1, paragraph 8, in the case in which the seafarers concerned do not claim that right within a reasonable period of time to be defined by national laws or regulations or collective agreements. The Committee requests the Government to indicate the measures taken or envisaged to ensure that any provision of national legislation which deprives seafarers of their right to repatriation is limited to the circumstances allowed by the Convention.

Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment indemnity. The Committee notes that section 22 of the POEA Standard Terms and Conditions Governing the Overseas Employment of Filipino Seafarers on Board Ocean-Going Ships provides that where the ship is wrecked necessitating the termination of employment before the date indicated in the contract, the seafarer shall be entitled to earned wages, medical examination to determine his/her fitness to work, repatriation and one-month basic wage as termination pay. The Committee has not identified provisions regulating this matter for domestic seafarers. Recalling that each Member shall make rules ensuring that, in every case of loss or foundering of any ship, the shipowner shall pay to each seafarer on board an indemnity against unemployment resulting from such loss or foundering, the Committee requests the Government to indicate the measures taken to give effect to Regulation 2.6 and Standard A2.6, paragraph 1.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning Levels. Food and catering. The Committee notes that Memorandum Circular No. MS-2020-03 on revised rules and regulations on safe manning for ships operating in Philippine waters provides for the requirement for ships operating with a prescribed manning of ten or more to have on board a cook certified by a competent authority, in accordance with Standard A2.7, paragraph 3, which requires when determining manning levels, to take into account all the requirements of Regulation 3.2 and Standard A3.2 concerning food and catering. The Committee requests the Government to indicate whether this requirement also applies to ships operating in international voyages and to specify the applicable national provisions.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that DOLE DO No. 132-13 regarding guidelines on maritime occupational safety and health (hereafter DOLE DO No. 132-13), which applies to all Philippine registered ships engaged in both domestic and international voyages, covers matters under Regulation 3.1. The Committee, however, notes that these provisions appear to either depart or are silent with respect to the following requirements: (i) accommodation shall be adequately insulated (Standard A3.1, paragraph 6(b)); (ii) the materials used to construct internal bulkheads, panelling and sheeting, floors and joinings shall be suitable for the purpose and conducive to ensuring a healthy environment (Standard A3.1, paragraph 6(f)); (iii) in ships other than passenger ships, an individual sleeping room shall be provided for each seafarer (Standard A3.1, paragraph 9(a)); (iv) a separate berth for each seafarer shall be provided in all circumstances (Standard A3.1, paragraph 9(d)); (v); the minimum inside dimensions of a berth to be at least 198 centimetres by 80 centimetres (Standard A3.1, paragraph 9(e)); (vi) the minimum floor area requirements in single berth seafarer’s sleeping rooms (Standard A3.1, paragraph 9(f) and (g)); (vii) requirements for sleeping rooms for officers (Standard A3.1, paragraph 9 (k) – (m)); (viii) each sleeping room shall be provided with a table or desk (Standard A3.1, paragraph 9(o)); (ix) mess rooms shall be located apart from the sleeping rooms and as close as practicable to the galley, with the possibility of exemption for ships of less than 3,000 GT (Standard A3.1, paragraph 10); (x) sanitary facilities shall have a minimum of one toilet, one wash basin and shower to be available in all ships regardless of the duration of voyage (Standard A3.1, paragraph 11 (c)); a washbasin shall have both hot and cold running fresh water in each sleeping room (Standard A3.1, paragraph 11(d)), and hot and cold running fresh water shall be available in all wash places (Standard A3.1, paragraph 11(f)); (xi) laundry facilities shall be available (Standard A3.1, paragraph 13); (xii) all ships shall have a space or spaces on open deck to which the seafarers can have access when off duty (Standard A3.1, paragraph 14); (xiii) all ships shall be provided with separate offices or a common ship’s office for use by deck and engine departments, with the possibility to exempt ships of less than 3,000 gross tonnage (Standard A3.1, paragraph 15); and (xiv) frequent inspections are to be carried out on board ships, by or under the authority of the master, to ensure that seafarer accommodation is clean, decently habitable and maintained in a good state of repair, and that the results of each such inspection are be recorded and be available for review (Standard A3.1, paragraph 18). The Committee requests the Government to indicate the measures taken or envisaged to comply with these requirements of the Convention.

Regulation 3.1 and Standard A3.1, paragraph 21. Accommodation and recreational facilities. Exemptions. The Committee notes that DOLE DO No. 132-13 provides for exceptions that depart from those permitted by the Convention. The Committee notes that the exception provided for under rule III, section 2(b) for sleeping rooms to be situated above the load line amidships or aft is wider as it is not limited to ships other than passenger ships (Standard A3.1, paragraph 6(c)). It also notes that section 4, paragraph 4.2 under Rule II provides exemptions to lighting requirements (Standard A3.1, paragraph 8) with respect to: (i) a vessel of less than 200 gross tonnage; (ii) the bridge of a vessel; and (iii) the exterior deck of a vessel where lighting levels may create a hazard to navigation. The Committee recalls that the Convention does not allow for any exemptions to be made with regard to lighting. Recalling that exemptions are possible only where they are expressly permitted by the Convention, the Committee requests the Government to take the necessary measures to comply fully with these requirements.

Regulation 4.1 and Standard A4.1, paragraph 4(b). Medical care on board and ashore. Qualified medical doctor on board. The Committee has not identified provisions regarding the requirement that ships carrying 100 or more persons and ordinarily engaged on international voyages of more than three days’ duration shall carry a qualified medical doctor who is responsible for providing medical care, as provided by Standard A4.1, paragraph 4. The Committee requests the Government to indicate how it gives effect to this provision of the Convention.

Regulation 4.1, paragraph 3. Medical care on board and ashore. Access to on shore medical facilities for seafarers on board foreign ships. The Committee has not identified national provisions that establish the Philippines’ obligation, as a coastal State, to ensure that seafarers on board ships in its territory who are in need of immediate medical care are given access to its medical facilities on shore. The Committee requests the Government to indicate the measures taken to give effect in practice to Regulation 4.1, paragraph 3, and the conditions that may be imposed on foreign seafarers to get access to medical care ashore.

Regulation 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability. Safeguarding of property left on board. The Committee notes that section 20, paragraph B, subparagraph 4(b) of the POEA Standard Terms and Conditions Governing the Overseas Employment of Filipino Seafarers on Board Ocean-Going Ships refers to the return of the property of the seafarer to his/her next of kin in the event of death. However, there is no reference to the safeguard of the seafarer’s property in the event of injury or sickness. The Committee requests the Government to indicate how full effect is given to this provision of the Convention.The Committee further requests the Government to indicate the national provisions that give effect to this provision of the Convention in the case of domestic seafarers.

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee notes that, in accordance with Standard A4.5, paragraphs 2 and 10, the Government has declared that the branches for which it provides protection are medical care; unemployment benefit; sickness benefit; old-age benefit; employment injury benefit; maternity benefit; invalidity benefit and survivors’ benefit. The Committee notes that seafarers working on Philippine registered ships, under rule VI of DOLE DO No. 129 of 2013 and rule VIII of DOLE DO No. 130 of 2013, are covered by the Social Security System (SSS) and are also entitled to benefits provided by the Employee’s Compensation and State Insurance Fund, the Philippine Health Insurance Corporation (PhilHealth) and the Home Development Mutual Fund (Pag-IBIG Fund). The Committee also notes that section 41 of the Magna Carta of Filipino Seafarers provides that, without prejudice to the standard employment contract, collective bargaining agreement, or company practice or policy, all seafarers shall be members of and entitled to receive the benefits. The Committee observes that neither the above-mentioned provisions, nor the POEA Standard Terms and Conditions Governing the Overseas Employment of Filipino Seafarers on Board Ocean-Going Ships seem to address the question of social security for seafarers who are ordinarily resident in the Philippines and who work on foreign-flagged ships and that section 9 of the Social Security Law, as amended, provides under paragraph (c) that Filipinos recruited by foreign based employers for employment abroad may be covered by the SSS on a voluntary basis. The Committee requests the Government to specify whether all seafarers ordinarily resident in its territory, including seafarers working on board foreign-flagged ships, are granted social security coverage in the branches specified which is no less favourable than that enjoyed by shoreworkers resident in the Philippines.

Regulation 5.1.3 and Standard A5.1.3, paragraphs 14 and 15. Flag State responsibilities. End of validity of the Maritime Labour Certificate. The Committee notes that DOLE DO No. 130 does not provide for the condition for the issuance of a new certificate when substantial changes have been made to the structure or equipment covered in Title 3 as provided for under paragraph 15 of Standard A5.1.3. The Committee requests the Government to indicate how it gives effect to Standard A5.1.3, paragraph 14(e). It also requests the Government to specify how it ensures, in the case a certificate ceases to be valid, that a new certificate shall only be issued when the competent authority or recognized organization issuing the new certificate is fully satisfied that the ship is in compliance with the requirements of Standard A5.1.3.

Regulation 5.1.3 and Standard A5.1.3, paragraphs 16 and 17. Flag State responsibilities. Withdrawal of the Maritime Labour Certificate. The Committee observes that DOLE DO No. 130 refers to the same grounds for the invalidity and withdrawal of a maritime labour certificate and does not seem to ensure that a certificate shall be withdrawn in case of serious or frequent failure in complying with the requirements of the Convention and in taking any required corrective action. Recalling that the invalidity and withdrawal of a maritime labour certificate occur under different circumstances, respectively provided under Standard A5.1.3, paragraph 14 and Standard A5.1.3, paragraphs 16 and 17, the Committee requests the Government to take the necessary measures to ensure full conformity with these requirements of the Convention.

Regulations 5.1.1 and 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes that the provisions of the Magna Carta of Filipino Seafarers, DOLE DO No. 129 of 2013, and DOLE DO No. 130 of 2013, give effect to most of the provisions of Standard A5.1.4. The Committee, however, observes that these provisions seem to be silent with respect to the following requirements: procedures for receiving and investigating complaints, as well as for ensuring the confidentiality of the source of complaints (Standard A5.1.4, paragraphs 5, 10 and 11(b)); requirements for inspection reports (Standard A5.1.4, paragraph 12), and the obligation to pay compensation for any loss or damage suffered as a result of the wrongful exercise of the inspectors’ powers (Standard A5.1.4, paragraph 16). The Committee requests the Government to indicate the measures taken to give effect to these requirements of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraph 4. Flag State responsibilities. Inspection and enforcement. Intervals of inspection. The Committee notes that the national provisions refer to inspections taking place at intervals not exceeding three years for ships that are required to carry a Maritime Labour Certificate. Recalling that under the MLC, 2006, all ships must be inspected at least every three years, the Committee accordingly requests the Government to provide information with respect to inspections of all ships flying its flag in accordance with Regulation 5.1.4 and the Code, whether engaged in domestic or international voyages.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaints Procedures. The Committee notes that section 54 of the Magna Carta for Filipino Seafarers, section 1, under Rule IX of DOLE DO No. 129 of 2013, section 6, under Rule X of DOLE DO No. 130 of 2013, and section 16 of the POEA Standard Terms and Conditions Governing the Overseas Employment of Filipino Seafarers on Board Ocean-Going Ships, contain provisions on onboard grievance machinery. It, however, notes that some of the requirements of Regulation 5.1.5 and the Code are not reflected in national legislation, such as the scope of the complaints (Regulation 5.1.5, paragraph 1), the right of the seafarer to be accompanied or represented during the complaint procedure (Standard A5.1.5, paragraph 3), the prohibition of victimization of seafarers for filing a complaint and penalties in case of the prohibition’s infringement (Regulation 5.1.5, paragraph 2)), and the elements to be contained in the copy of the on-board complaint procedures to be provided to the seafarer (Standard A5.1.5, paragraph 4). The Committee therefore requests the Government to indicate the measures taken to ensure that appropriate on-board complaint procedures are in place to meet the requirements of Regulation 5.1.5 and the Code.

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. The Committee notes that section 70(b) of the Magna Carta of Filipino Seafarers provides that the Philippines Coast Guard (PCG) shall have the authority to conduct the port state control inspections of vessels, including all foreign-flagged vessels, calling at any port of the Philippines and that the PCG Commandant or his/her duly authorized representative shall have the power to order immediate correction of, and impose fines for, violations of the relevant provisions of this Act. The Committee requests the Government to provide a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7.

[The Government is asked to reply in full to the present comments in 2027.]

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2014 entered into force for the Philippines on 18 January 2017. It further notes that the Government’s report was received before the entry into force of these amendments.

Article I. General questions on application. Implementing measures. The Committee noted in its previous comment the Government’s indication that a “Magna Carta of Seafarers”, which, when adopted, will be a comprehensive law implementing the Convention and applicable to all Filipino seafarers and ships, was under consideration by the Congress of the Republic of the Philippines. The Committee requested the Government to transmit a copy of the Magna Carta of Seafarers once it is adopted and to continue to provide information on the progress made in this regard. The Committee notes that the Government indicates that the Magna Carta of Seafarers was pending deliberation at the 16th Congress of the Philippines both at the Senate of the Philippines and the House of Representatives. It further notes that the Maritime Industry Tripartite Council (MITC) constituted a Tripartite Technical Working Group (TWG) pursuant to the Department Order of the Department of Labor and Employment (DOLE) Administrative Order No. 419 Series of 2013, to draft the provisions of the Magna Carta of Filipino Seafarers pursuant to the provisions of the MLC, 2006. Following numerous TWG meetings convened to draft a tripartite version of the Magna Carta, a final draft was presented to the MITC which approved and endorsed the same to the 16th Congress of the Philippines on 9 March 2015. However, the Bill failed to pass into law. The Committee notes that the Bill is currently pending at the Senate of the Philippines and the MITC. The Committee stresses the urgency for the Government to move forward and adopt legislation to fully implement the Convention. The Committee requests the Government to communicate the text of all new laws or regulations adopted in this regard, indicating the relevant provisions. The Committee will examine the conformity with the Convention of all relevant national laws and regulations at its next session in November 2019.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

General questions on application. Implementing measures. The Committee notes the Government’s first report on the Convention. It also notes that, in addition to the fundamental Conventions, the Philippines has previously ratified five of the 37 maritime labour Conventions, all of which were automatically denounced on the entry into force of the Convention for the Philippines. The Committee notes that currently the Convention is implemented through two legal regimes, one covering seafarers working on ships engaged in domestic voyages and the other covering seafarers working on ships engaged in international voyages. The implementing legislation includes the following: Department Order of the Department of Labor and Employment No. 129 of 2013 concerning rules and regulations governing the employment and working conditions of seafarers on board ships engaged in domestic shipping (hereinafter “DOLE DO No. 129 of 2013”); applicable provisions in the Labor Code; Department Order of the Department of Labor and Employment No. 130 of 2013 concerning rules and regulations governing the employment of Filipino seafarers on board ships engaged in international voyage (hereinafter “DOLE DO No. 130 of 2013”); and Department Order of the Department of Labor and Employment No. 130-A of 2013 concerning guidelines on the authorization of recognized organizations to conduct inspection and certification of Philippines-registered ships engaged in international voyages pursuant to the Convention, (hereinafter “DOLE DO No. 130-A of 2013”); Rules and Regulations Governing the Recruitment and Employment of Seafarers 2003 (hereinafter “POEA Rules”) as well as various Memorandum Circulars and Advisories. The Committee understands that these Circulars and Advisories are a form of regulatory action taken by the competent authority under the relevant legislation and are regarded as having the force of law. The Committee also notes in this connection that for seafarers working on ships registered in the Philippines engaged in international voyages, Rule IV, Section 2 of DOLE DO No. 130 of 2013, provides that the terms and conditions of employment must be governed by the Standard Terms and Conditions Governing the Overseas Employment of Filipino Seafarers On-board Ocean-Going Ships (Memorandum Circular of the Philippine Overseas Employment Administration (POEA) No. 10 of 2010, hereinafter “POEA Standard Terms and Conditions”). The Committee notes that section IV(1) of Memorandum Circular of MARINA No. 137 of 1998, which applies to all Philippines-registered ships engaged in international trade, provides that “[s]eagoing ships shall be completely manned by Filipino seafarers” and that “no foreign officers shall be allowed onboard unless approved by the [MARINA]”.

The Committee notes the Government’s indication that a “Magna Carta of Seafarers”, which, when adopted, will be a comprehensive law implementing the Convention and applicable to all Filipino seafarers and ships, is currently under consideration by the Congress of the Republic of the Philippines. The Committee notes in that respect that the Government provided a preliminary version of the draft Magna Carta and minutes dated 10 December 2013 of a meeting of the Technical Working Group of the Maritime Industry Tripartite Council which is developing the provisions of the law.

In view of the fact that the on-board documents issued by a flag State provide prima facie evidence of compliance for ships when entering foreign ports, and noting also that shipowners’ use of private seafarer recruitment and placement services is one of the matters to be certified, the Committee stresses the urgency for the Government to move forward and adopt the legislation to which it has referred in order to fully implement the Convention. The Committee requests the Government to transmit a copy of the Magna Carta of Seafarers once it is adopted and to continue to provide information on the progress made in this regard.

General questions on application. Implementing measures. Information in the Declaration of Maritime Labour Compliance, Parts I and II. The Committee notes that the current version of the Declaration of Maritime Labour Compliance (DMLC), Part I, refers to the general principles and standards provided for in DOLE DO No. 130 of 2013, but not to the laws or regulations providing for specific requirements and standards related to the subjects contained in the DMLC, Part I. Even where they are mentioned, the reference includes only their names and not their main content. For example, on hours of work or rest, the DMLC merely indicates “DOLE DO 130-13, Rule VI, Section 2 on Terms and Conditions of Employment. The terms and conditions of employment of seafarers shall be governed by the POEA SEC”, and the content of the relevant parts are not indicated.

The Committee recalls that paragraph 10(a) of Standard A5.1.3 provides that the DMLC, Part I, drawn up by the competent authority shall not only “identify the national requirements embodying the relevant provisions of this Convention by providing a reference to the relevant national legal provisions” but also provide, “to the extent necessary, concise information on the main content of the national requirements”. The Committee also recalls that paragraph 1 of Guideline B5.1.3 provides guidance with respect to the statement of national requirements, including recommending that “where national legislation precisely follows the requirement stated in this Convention, a reference may be all that is necessary”. However, in many cases a reference will not provide enough information on national requirements where they relate to matters for which the Convention envisages some differences in national practices.

Similarly, the Committee notes that the example of an approved DMLC Part II, which is intended to identify the measures adopted by shipowners to implement the national requirements, also mainly contains references to other documents. For example, with respect to minimum age, the relevant measure is indicated as “Company Procedures Manual”, without specific details on the measure. The Committee notes that it would be difficult for port State control officers or seafarers to understand what the national requirements are on these matters unless all of these referenced documents are carried on board ship and easily accessible to all concerned. Accordingly, the Committee is of the view that the DMLC, Part I, does not appear to fulfil the purpose for which it, along with the DMLC, Part II, is required under the Convention which is to help all persons concerned, such as flag State inspectors, authorized officers in port States and seafarers, to check that the national requirements on the 14 listed matters are being properly implemented on board ship.

In addition, the Committee notes that Department Order of DOLE No. 132 13 concerning guidelines on maritime occupational safety and health (hereinafter “DOLE DO No. 132-13”), which applies to all Philippines-registered ships engaged in both domestic and international voyages, covers matters under Regulation 3.1 despite its title. This Department Order, however, is not mentioned in the DMLC Part I. Point 3 of DOLE Labour Advisory No. 4 of 2013 lists recognized organizations authorized to issue a “Certificate of inspection of crew accommodation for ships engaged in international voyages” and indicates that the applicable provisions of Title 3, Regulation 3.1, of the Convention shall govern the issuance of the certificate, but not DOLE DO No. 132-13.The Committee requests the Government to consider improving the DMLC, Part I, when it adopts the Magna Carta for Seafarers, to which it has referred, to better implement paragraph 10 of Regulation 5.1.3 giving due consideration to Guideline B5.1.3, so as to ensure not only that it provides a reference to the relevant national legal provisions embodying the relevant provisions of the Convention, but that it also provides, to the extent necessary, concise information on the main content of the national requirements. The Committee also requests the Government to clarify whether DOLE DO No. 132-13 may be used as crew accommodation standards for the purpose of inspection and, as applicable, of certification, with respect to both ships engaged in domestic and international voyages. The Committee invites the Government to consider the inclusion of the reference to DOLE No. 132-13 as it contains specific standards on crew accommodation when revising the DMLC Part I.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes that Part VI, Rule II, section 5, of the POEA Rules provides that seafarers who are subject to a pending disciplinary process may be disqualified from the maritime employment programme. In this connection, the Committee recalls its direct request published in 2010 on the Philippines’ application of the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), in which it noted the Government’s explanation, in its report on Convention No. 179, that this provision was intended to acquire jurisdiction over accused seafarers and not to deprive them of a means of livelihood. However, in the same direct request, the Committee noted the Government’s earlier statements in its report of 2007 that under the POEA Rules, the POEA had the discretion, on the basis of the evidence presented, to determine whether or not a seafarer should be placed on the watch list. The Committee indicated that it found such a practice problematic, since the placement of a seafarer on such a watch list would occur while a disciplinary process was still pending, and not as a result of a final ruling of a judicial body with the necessary guarantees of due process. The Committee requests the Government to clarify whether steps have been taken to avoid the possibility that such a “watch list” could be used by private recruitment and placement services, contrary to paragraph 5(a) of Standard A1.4 of the Convention.

Regulation 4.5 and the Code. Social security. The Committee recalls that the obligation under paragraphs 2 and 3 of Standard A4.5 is for each Member to take steps according to its national circumstances to provide at least three branches of social security to all seafarers ordinarily resident in its territory. It notes that, on ratification, in accordance with paragraph 10 of Standard A4.5, the Government specified that the following branches of social security are provided to seafarers ordinarily resident in the Philippines: medical care; sickness benefit; old-age benefit; employment injury benefit; family benefit; maternity benefit; invalidity benefit; and survivors’ benefit.

The Committee also notes that Rule VIII, Section 1, of DOLE DO No. 130 of 2013 provides that all seafarers must be entitled to compensation and benefits under the POEA standard employment contract and benefits provided for by the Welfare Fund for Overseas Workers, Pag-IBIG Fund, PhilHealth, Employee’s Compensation Law, and the Social Security Law and other applicable laws. The Committee notes that this provision covers Filipino seafarers working on Philippines-registered ships. The Committee observes that the Standard Terms and Conditions Governing the Overseas Employment of Filipino Seafarers On-board Ocean-Going Ships, contained in Memorandum Circular of the POEA No. 10 of 2010, does not appear to address the question of social security for seafarers who are ordinarily resident in the Philippines who are working on ships flying the flag of another country. It notes that, in relation to Standard A4.5, paragraphs 3 and 7 of the MLC, 2006, the Government refers in its report to bilateral agreements with various countries on social security, but copies were not provided. The Committee requests the Government to provide information on how social security protection is provided to seafarers, who are ordinarily resident in the Philippines, when they are working on ships flying the flag of another country. It also requests the Government to transmit copies of the bilateral agreements on social security.

Regulation 5.1 and the Code. Flag State responsibilities. The Committee requests the Government to provide copies of the following practical documents concerning flag State inspection for ships engaged in domestic voyages, if they have been adopted: Manual Implementing Department Order No. 129 of 2013; DOLE Manual of Inspection and Certification issued by the Bureau of Working Conditions; and Operational Guidelines provided for under section 4 of the Memorandum of Agreement between the DOLE and the Department of Transportation and Communications of 5 February 2014 concerning the implementation of the Convention.

[The Government is asked to reply in detail to the present comments in 2016.]