After over a decade of waiting, the bill that will ensure the protection of the rights and welfare of Filipino seafarers is set to become a law.
Senate President Francis ‘Chiz’ G. Escudero thanked President Ferdinand Marcos Jr. for his support for Senate Bill No. 2221 and House Bill No. 7325 or the Magna Carta of Filipino Seafarers, which is scheduled for signing on Monday, September 23, 2024.
“Mahigit kumulang kalahating milyon na Pilipinong manlalayag ang makikinabang sa batas na ito,” Escudero said. “Sinisiguro ng batas na ito na walang mapapabayaan na manlalayag na Pilipino kapag may mangyari sa kanila habang ginagampanan nila ang kanilang mga tungkulin, legal man o medical.”
According to Escudero, Filipino seafarers are an indispensable part of the operations of the international maritime industry, as they represent a quarter of all the officers and crew on board the world’s ships.
“They keep the world’s fleet of ships afloat. It is only proper that they are accorded all the rights and protection under the law,” he said.
To protect them from abuses, the law spells out the rights of seafarers that include the right to just terms and conditions of work; the right to self-organization and collective bargaining; the right to educational advancement and training at reasonable and affordable costs; the right to information; the right to information of a seafarer’s family or next of kin; and the right against discrimination.
It also provides them the right to safe passage and safe travel, consultation, free legal representation, immediate medical attention, access to communication, record of employment or certificate of employment, and fair treatment in the event of a maritime accident.
The law also enumerates the duties of a seafarer, such as complying with and observing the terms and conditions of the employment contract and being diligent in the performance of duties relating to the ship.
“Tulad ng mga karaniwang empleyado ng isang kumpanya, nararapat din na malinaw at mahigpit na ipapatupad ang mga karapatan ng bawat isang manlalayag, kapitan man sila o deckhand. Kung tutuusin ay mas mabigat pa ang mga suliranin ng ating mga manlalayag at karaniwan ay nasa peligro ang kanilang mga buhay. Kaya napaka-importante ng batas na ito para masiguro na meron silang sapat na proteksyon,” Escudero said.
To prepare them for their life on the high seas, the law requires seafarers to secure a medical certificate issued by medical facilities accredited by the Department of Health after undergoing a pre-employment medical examination before they are allowed to start employment onboard a domestic or ocean-going ship.
Exploitation at the hands of recruiters will also be addressed with the provision mandating that only duly licensed manning agencies shall be allowed to operate and engage in the recruitment and placement of seafarers, following existing laws, rules, and regulations.
A standard employment contract between the shipowner and the overseas seafarer is now required in writing and shall include information such as the duration of the contract, maximum hours of work and minimum hours of rest, benefits, compensation and benefits for occupational injury, illness or death, and separation and retirement pay.
Standard working conditions will also be observed, such as normal working hours of eight hours a day with one rest day per week. Seafarers are also entitled to paid annual leave. Ships are also required to have fair, effective, and expeditious onboard and onshore grievance or complaint resolution mechanisms that are readily accessible.
As necessary, the repatriation of seafarers shall be borne by the shipowners or the manning agencies. In cases of epidemic or pandemic, the shipowner or manning agency shall be responsible for the expenses of medical care, board, and lodging for periods spent by seafarers in self-isolation or quarantine.