EO 126
The Ministry shall be the primary policy,
REORGANIZING THE MINISTRY OF LABOR AND EMPLOYMENT  AND FOR
OTHER PURPOSES
RECALLING that the reorganization of the government is mandated expressly in
Article II, Section I (a), and Article III of the Freedom Constitution;
HAVING IN MIND that pursuant to Executive Order No. 5 (1986), it is directed that
necessary and proper changes in the organizational and functional structures of the
government, its agencies and instrumentalities, be effected in order to promote
efficiency and effectiveness in the delivery of public services;
CONSIDERING that it has become necessary to introduce critical structural and
functional changes in the Ministry of Labor and Employment to make it more
responsive to the urgent demands of national economic recovery;
BELIEVING that the same Ministry has to streamline its operations by rationalizing its
functions, structure and organization to make it more efficient and effective in
undertaking its principal mission of translating the declared policy of the state on
labor into meaningful program on employment promotion, manpower development
and utilization, advancement of workers’ welfare, provision for a decent living wage
and other just and humane conditions of work and promotion of sound and stable
industrial harmony as essential components of national economic recovery and
development;
RECOGNIZING that women and rural workers have a vital role in nation-building, the
same Ministry has to create, promote and develop the conditions for their full
utilization, including their protection and welfare.
NOW, THEREFORE, I, CORAZON C. AQUINO, by the powers vested in me by the
sovereign will of the Filipino People and the Freedom Constitution, do hereby order:
SECTION 1.  Title. This Executive Order shall otherwise be known as the
Reorganization Act of the Ministry of Labor and Employment.
SECTION 2.  Reorganization. The Ministry of Labor and Employment, hereinafter
referred to as Ministry, is hereby reorganized, structurally and functionally in
accordance with the provisions of this Executive Order.
SECTION 3.  Declaration  of  Policy. It is the declared policy of the State to afford
protection to labor, promote full employment, ensure equal work opportunities
regardless of sex, race, or creed, and regulate the relations between workers and
employers. The State shall assure the rights of the workers to self-organization,
collective bargaining, security of tenure, and just and humane conditions of work.
SECTION 4.  Mandate  and  Objectives.
programming, coordinating and administrative entity of the Executive Branch of the
government in the field of labor and employment. It shall assume primary
responsibility for:
(a) The promotion of gainful employment opportunities and the optimization of
the development and utilization of the country’s manpower resources;
(b) The advancement of workers’ welfare by providing for just and humane
working conditions and terms of employment;
(c) The maintenance of industrial peace by promoting harmonious, equitable,
and stable employment relations that assure equal protection for the rights of
all concerned parties.
SECTION 5. Powers and Functions. In pursuit of its mandate, the Ministry shall have
the following powers and functions:
(a) Formulate and recommend policies, plans and programs for manpower
development, training, allocation, and utilization;
(b) Protect and promote the interest of every citizen desiring to work locally or
overseas by securing for him the most equitable terms and conditions of
employment, and by providing social and welfare services;
(c) Regulate the employment of aliens, including the establishment of a
registration and/or work permit system for such aliens;
(d) Formulate general guidelines concerning wage and income policy;
(e) Recommend necessary adjustments in wage structures with a view to
developing a wage system that is consistent with national economic and
social development plans;
(f) Provide for safe, decent, humane and improved working conditions and
environment for all workers, particularly women and young workers;
(g) Maintain harmonious, equitable and stable labor relations system that is
supportive of the national economic policies and programs;
(h) Uphold the right of workers and employers to organize and to promote free
collective bargaining as the foundation of the labor relations system;
(i) Provide and ensure the fair and expeditious settlement and disposition of
labor and industrial disputes through collective bargaining, grievance
machinery, conciliation, mediation, voluntary arbitration, compulsory
arbitration as may be provided by law, and other modes that may be
voluntarily agreed upon by the parties concerned.
SECTION 6. Minister of Labor and Employment. The authority and responsibility for
the exercise of the mandate of the Ministry and for the discharge of its powers and
functions shall be vested in the Minister of Labor and Employment, hereinafter
referred to as the Minister, who shall be appointed by the President and who shall
have supervision and control over the Ministry. For such purposes, the Minister shall
have the following powers and functions:
(a) Advise the President on the promulgation of executive/administrative orders,
other regulative issuances and legislative proposals on matters pertaining to labor
and employment;
(b) Formulate policies, guidelines, rules and regulations and other issuances
necessary to carry out Ministry policies, plans, programs and projects;
(c) Issue orders, directives, rules and regulations and other issuances to carry out
labor and employment policies, plans, programs and projects;
(d) Provide overall direction, supervision, and control over all offices under the
Ministry to ensure effective and efficient implementation of its policies, plans,
programs and projects;
(e) Coordinate with other government offices, labor organizations, employers
associations, and any other group to carry out the mandate of the Ministry;
(f) Evaluate the policy, plans, programs and project accomplishment of the Ministry;
(g) Prepare reports for the President and for the public;
(h) Delegate authority for the performance of any function to officers and employees
of the Ministry;
(i) Exercise such other powers and functions as may be provided by law or assigned
by the President.
SECTION 7.  Office  of  the  Minister. The Office of the Minister shall consist of the
Minister and his immediate staff.
SECTION 8. Deputy Minister. The Minister shall be assisted by not more than four (4)
Deputy Ministers who shall be appointed by the President upon the recommendation
of the Minister. The Minister is hereby authorized to delineate and assign the
respective functional areas of responsibility of the Deputy Ministers, provided, that
such responsibility shall be with respect to the mandate and objectives of the Ministry;
and provided, further, that no Deputy Minister shall be assigned primarily
administrative responsibilities. Within his functional area of responsibility, a Deputy
Minister shall have the following functions:
(a) Advise and assist the Minister in the formulation and implementation of the
Ministry’s policies, plans, programs and projects;
(b) Oversee the operational activities of the Ministry;
(c) Coordinate the programs and projects of the Ministry for efficient and effective
administration;
(d) Serve as deputy for the Minister;
(e) Perform, when so designated, the power and functions of the Minister, during the
latter’s absence or incapacity; and
(f) Perform such other functions as may be provided by law or assigned by the
Minister to promote the efficiency and effectiveness in the delivery of public
services.
SECTION 9. Assistant Ministers. The Minister shall likewise be assisted by not more
than four (4) Assistant Ministers who shall be appointed by the President upon the
recommendation of the Minister. The Minister is hereby authorized to delineate and
assign the respective areas of functional responsibility of the Assistant Ministers.
Within his functional area of responsibility, an Assistant Minister shall assist the
Minister and Deputy Ministers in the formulation, determination and implementation
of laws, policies, plans, programs and projects on labor and shall oversee the day-to-
day administration and supervision of the constituent units of the Ministry.
SECTION 10.  Structural  Organization. The Ministry shall consist of the Ministry
proper comprising the Office of the Minister, the Office of the Deputy and Assistant
Ministers, the Services and the Staff Bureaus, and its Regional Offices.
SECTION 11. Planning Service. The Planning Service shall provide the Ministry with
efficient, effective and economical services relating to planning, programming, project
development and evaluation, and the development and implementation of a
management information system.
SECTION 12.  Administrative  Service. The Administrative Service shall provide the
Ministry with efficient, effective and economical services relating to records,
management, supplies, equipment, collections, disbursements, building
administration and maintenance, security and custodial work.
SECTION 13.  Human  Resource  Development  Service. The Human Resource
Development Service shall provide the Ministry with a program and corresponding
projects that shall make available training, education and development opportunities
needed to upgrade the levels of competence and productivity of Ministry managers
and personnel. It shall absorb the powers and functions of the Administrative Service
in relation to the development and administration of personnel programs including
selection and placement, development, performance evaluation, employee relations
and welfare.
SECTION 14.  Financial  Management  Service. The Financial and Management
Service shall be responsible for providing the Ministry with efficient, effective and
economical services relating to budgetary, financial, management improvement and
internal control matters.
SECTION 15. Legal Service. The Legal Service shall provide legal advice and service
to Ministry officers and employees; prepare informative or clarificatory opinions on
labor laws, rules and regulations for uniform interpretation thereof; answer legal
queries from the public; assist the Office of the Solicitor General in suits involving the
Ministry or its officers or employees or acts as their principal counsel in all actions
taken in their official capacity or other causes before judicial or administrative bodies.
SECTION 16.  International  Labor  Affairs  Service. The International Labor Affairs
Service shall be responsible for monitoring the observance and implementation of all
obligations, courtesies, and facilities required by international labor affairs, particularly
the International Labor Organization, the Conference of Asian Pacific Labor Ministries,
the ASEAN Labor Ministers Meeting of which the Philippines is a member, and related
international labor standards and agreements reached in various international labor
forums, treaties, and other multilateral, bilateral or multi-bilateral agreements in the
area of labor and employment; provide staff support and policy guidelines to the
Minister in the supervision, monitoring and reporting of the activities of the Philippine
overseas labor officers assigned in different countries; serve as the instrumentality of
the Ministry for technical cooperation, programs and activities with other countries
and international institutions.
SECTION 17. Information and Publications Service. The Information and Publication
Service shall be responsible for promoting rapport and understanding between the
Ministry and the public through the development of public relations programs and the
dissemination of accurate and updated information on labor and employment, by
means of publications and media coverages of special events and related matters on
the Ministry’s policies, plans, programs, and projects; shall likewise be responsible for
providing answers to queries from the public regarding the Ministry’s policies, rules,
regulations, programs, activities and services.
SECTION 18. Bureaus. The following staff bureaus of the Ministry are hereby retained
and shall continue to have the same functions, except as otherwise provided herein:
(a) Bureau of Local Employment;
(b) Bureau of Women and Young Workers;
(c) Bureau of Rural Workers;
(d) Bureau of Labor Relations, which shall continue to performs its present
functions except those to be absorbed by the National Mediation and
Conciliation Board as provided under Section 29 (c) hereof; and
(e) Bureau of Working Conditions.
SECTION 19.  Attached  Agencies. The following agencies shall continue to be
attached to the Ministry for policy and program coordination and administrative
supervision:
(a) National Wages Council;
(b) Philippine Overseas Employment Administration;
(c) Employees Compensation Commission which is hereby reorganized to include
the Executive Director of the ECC as an ex-officio member of the
Commission;
(d) The National Manpower and Youth Council;
(e) The National Labor Relations Commission;
(f) The Welfare Fund for Overseas Workers’ Administration which is hereby
renamed as the Overseas Workers’ Welfare Administration;
(g) Maritime Training Council; and
(h) National Maritime Polytechnic
SECTION 20. Center for Labor Studies. There is hereby created a Center for Labor
Studies, hereinafter referred to as the Center, which shall be under the administrative
supervision of the Minister. The Center shall absorb the research and publication
functions of the Institute of Labor and Manpower Studies which is hereby abolished in
accordance with Section 29 (b). The Center, to be headed by an Executive Director,
assisted by a Deputy Executive Director, shall have the following functions:
(a) Undertake research and studies in all areas of labor and manpower policy and
administration;
(b) Review the rationale of existing legislation and regulations and analyze the
costs involved in the implementation of such legislation against the benefits
expected to be derived;
(c) Study and develop innovative and indigenous approaches towards the
promotion of harmonious and productive labor-management relations, and
the improvement of workers’ welfare services;
(d) Develop and undertake research programs and projects in collaboration with
other national agencies to enhance the Ministry’s capability to participate in
national decision and policy making;
(e) Enter into agreements with international or bilateral agencies for the carrying
out of the foregoing functions;
(f) Expand the scope of its research interests into other countries and regions;
(g) Publish its research studies for dissemination to government as well as to all
concerned parties; and
(h) Perform such other functions as may be provided by law or assigned by the
Minister.
SECTION 21. Bureaus of Labor and Employment Statistics. A Bureau of Labor and
Employment Statistics is hereby created and shall absorb the functions of the Labor
Statistics Service which is hereby abolished in accordance with Section 29 (b). The
Bureau shall have the following functions:
 (a) Formulate, develop and implement plans and programs on the labor
statistical system in order to provide the government with timely, accurate and
reliable data on labor and employment;
(b) Conduct nationwide surveys and studies which will generate trends and
structures on labor and employment;
(c) Develop and prescribe uniform statistical standards, nomenclatures and
methodologies for the collection, processing, presentation and analysis of
labor and employment data;
(d) Establish appropriate mechanisms for the coordination of all statistical
activities in the Ministry and for collaboration with other government and
private agencies including international research organizations in the conduct
of surveys and studies in the area of labor and employment
(e) Disseminate statistical information and provide statistical services/advice to
the users by establishing a data bank and issuing the Bureau’s statistical
materials and research findings;
(f) Develop and undertake programs and projects geared towards the
enhancement of the technical competence of the Ministry on theories,
techniques and methodologies for the improvement of the labor statistical
system;
(g) Monitor and exercise technical supervision over the statistical units in the
Ministry and its agencies; and
(h) Perform such other functions as may be provided by law or assigned by the
Minister.
SECTION 22.  National  Conciliation  and  Mediation  Board. A National Conciliation
and Mediation Board, herein referred to as the “Board”, is hereby created and which
shall absorb the conciliation, mediation and voluntary arbitration functions of the
Bureau of Labor Relations in accordance with Section 29 (c) hereof. The Board shall be
composed of an Administrator and two (2) Deputy Administrators. It shall be an
attached agency under the administrative supervision of the Minister of Labor and
Employment.
The Administrator and the Deputy Administrators shall be appointed by the President
upon recommendation of the Minister of Labor and Employment. There shall be as
many Conciliators-Mediators as the needs of the public service require, who shall have
at least three (3) years of experience in handling labor relations and who shall be
appointed by the President upon recommendation of the Minister.
The Board shall have its main office in Metropolitan Manila and its Administrator shall
exercise supervision over Conciliators-Mediators and all its personnel. It shall establish
as many branches as there are administrative regions in the country, with as many
Conciliators-Mediators as shall be necessary for its effective operation. Each branch of
the Board shall be headed by an Executive Conciliator-Mediator.
The Board shall have the following functions:
(a) Formulate policies, programs, standards, procedures, manuals of operation
and guidelines pertaining to effective mediation and conciliation of labor
disputes;
(b) Perform preventive mediation and conciliation functions;
(c) Coordinate and maintain linkages with other sectors or institutions, and other
government authorities concerned with matters relative to the prevention and
settlement of labor disputes;
(d) Formulate policies, plans, programs, standards, procedures, manuals of
operation and guidelines pertaining to the promotion of cooperative and non-
adversarial schemes, grievance handling, voluntary arbitration and other
voluntary modes of dispute settlement;
(e) Administer the voluntary arbitration program; maintain/update a list of
voluntary arbitrations; compile arbitration awards and decisions;
(f) Provide counselling and preventive mediation assistance particularly in the
administration of collective agreements;
(g) Monitor and exercise technical supervision over the Board programs being
implemented in the regional offices; and
(h) Perform such other functions as may be provided by law or assigned by the
Minister.
SECTION 23.  Transfer. The National Productivity Commission is hereby transferred
from the National Economic Development Authority and attached to the Ministry in
accordance with Section 29 (c) hereof. The Commission shall primarily deal with
productivity promotion and enhancement, education and training, coordination/
monitoring, funding and the conduct of special and policy studies directly related to
its activities. It shall have the Minister of Trade and Industry as Chairman and the
Minister of Labor and Employment as Vice-Chairman.
SECTION 24.  Regional  Offices. The Ministry is hereby authorized to establish,
operate and maintain such ministry-wide Regional Offices in each of the
administrative regions of the country, insofar as necessary, which shall be headed by a
Regional Director who shall have supervision and control thereof. The Regional
Director, whenever necessary, shall be assisted by an Assistant Regional Director. A
Regional Office shall have, within its regional area, the following functions:
(a) Implement laws, policies, plans, programs, projects, rules and regulations of
the Ministry;
(b) Provide economical, efficient and effective service to the people;
 (c) Coordinate with regional offices of other ministries and agencies;
(d) Coordinate with local government units; and
(e) Perform such other functions as may be provided by law or assigned by the
Minister.
SECTION 25.  New  Structure  and  Pattern. Upon approval of this Executive Order,
the officers and employees of the Ministry shall in a holdover capacity, continue to
perform their respective duties and responsibilities and receive the corresponding
salaries and benefits unless in the meantime they are separated from government
service pursuant to Executive Order No. 17 (1986) or Article III of the Freedom
Constitution.
The new position structure and staffing pattern of the Ministry shall be approved and
prescribed by the Minister for the Ministry within one hundred twenty (120) days from
the approval of this Executive Order and the authorized positions created thereunder
shall be filled with regular appointments by him or by the President as the case may
be. Those incumbents whose positions are not included therein or who are not
reappointed shall be deemed separated from the service. Those separated from the
service shall receive the retirement benefits to which they may be entitled under
existing laws, rules and regulations. Otherwise, they shall be paid the equivalent of
one-month basic salary for every year of service, or the equivalent nearest fraction
thereof favorable to them on the basis of the highest salary received, but in no case
shall such payment exceed the equivalent of 12 months salary.
No court or administrative body shall issue any writ or preliminary injunctions or
restraining order to enjoin the separation/replacement of any officer or employee
affected under this Executive Order.
SECTION 26.  Prohibition  Against  Reorganizational  Change. No change in the
reorganization herein prescribed shall be valid except upon prior approval of the
President for the purpose of promoting efficiency and effectiveness in the delivery of
public services.
SECTION 27.  Funding. Funds needed to carry out the provisions of this Executive
Order shall be taken from funds available in the Ministry.
SECTION 28.  Implementing  Authority  of  Minister. The Minister shall issue such
rules, regulations and other issuances as may be necessary to ensure the effective
implementation of the provisions of this Executive Order.
SECTION 29.  Transitory  Provisions. In the abolition/transfer of entity/functions as
prescribed in the Executive Order, the following rules shall be provided:
(a) Any transfer of entities shall include the functions, appropriations, funds,
records, equipment, facilities, other properties, assets, and liabilities and of
the transferred entity as well as the personnel thereof as may be necessary,
who shall, in a holdover capacity, continue to perform their respective duties
and responsibilities and receive the corresponding salaries and benefits unless
in the meantime they are separated from government service pursuant to
Executive Order No. 17 (1986) or Article III of the Freedom Constitution.
Those personnel from the transferred entity whose positions are not included
in the new position structure and staffing pattern approved by the Minister or
who are not reappointed shall be entitled to the benefits provided in the
second paragraph of Section 25 hereof.
(b) Any transfer of functions which results in the abolition of the entity that has
exercised such transferred functions shall include as may be necessary, to the
proper discharge of the transferred functions, the appropriations, funds,
records, equipment, facilities, other assets, and personnel of the entity from
which such functions have been transferred. The remaining appropriations and
funds shall revert to the General Fund and the remaining records, equipment,
facilities and other assets shall be allocated to such appropriate units as the
Minister shall determine or otherwise shall be disposed of, in accordance with
the Auditing Code and other pertinent laws, rules and regulations. The
liabilities, if any, of the abolished entity shall be treated likewise in accordance
with the Auditing Code and other pertinent laws, rules and regulations.
Incumbents of the abolished entity shall, in a holdover capacity continue to
perform their respective duties and responsibilities and receive the
corresponding salaries and benefits unless in the meantime they are
separated from government service pursuant to Executive Order No. 17
(1986) or Article III of the Freedom Constitution. Any such personnel whose
position is not included in the new position structure and staffing pattern
approved by the Minister or who is not reappointed shall be entitled to the
benefits provided in the second paragraph of Section 25 hereof.
(c) Any transfer of functions which does not result in the abolition of the entity
that has exercised such transferred functions shall include the appropriations,
funds, records, equipment, facilities, other assets as well as the personnel of
the entity from which such functions have been transferred that are necessary
to the proper discharge of such transferred functions. The liabilities, if any,
which have been incurred in connection with the discharge of the transferred
functions shall be allocated in accordance with the Auditing Code and the
pertinent laws, rules and regulations. Such personnel shall, in a holdover
capacity, continue to perform their respective duties and responsibilities and
receive the corresponding salaries and benefits unless in the meantime they
are separated from government service pursuant to Executive Order No. 17
(1986) or Article III of the Freedom Constitution. Any such personnel whose
position is not included in the new position structure and staffing pattern
approved by the Minister or who is not reappointed shall be entitled to the
benefits provided in the second paragraph of Section 25 hereof.
 (d) In case of the abolition of an entity which does not result in the transfer of its
functions to another entity, the appropriations and funds of the abolished
entity shall revert to the General Fund, while the records, equipment, facilities
and other assets thereof shall be allocated to such appropriate units as the
Minister shall determine or otherwise shall be disposed of in accordance with
the Auditing Code and other pertinent laws, rules and regulations. The
liabilities, if any, of the abolished entity shall be treated in accordance with the
Auditing Code and other pertinent laws, while the personnel thereof shall be
entitled to the benefits provided in the second paragraph of Section 25
hereof.

SECTION 30.  Change  of  Nomenclatures. In the event of the adoption of a new
Constitution which provides for a presidential form of government, the Ministry shall
be called Department of Labor and Employment and the titles of Minister, Deputy
Minister, and Assistant Minister shall be changed to Secretary, Undersecretary, and
Assistant Secretary, respectively.

SECTION 31. Notice or Consent Requirement. If any reorganizational change herein

authorized is of such substance or materiality as to prejudice third persons with rights
recognized by law or contract such that notice to or consent of creditors is required to
be made or obtained pursuant to any agreement entered into with any of such
creditors, such notice or consent requirement shall be complied with prior to the
implementation of such reorganizational change.

SECTION 32.  Separability  Clause. Any portion or provision of this Executive Order
that may declared unconstitutional shall not have the effect of nullifying other portions
or provisions hereof as long as such remaining portions can still subsist and be given
effect in their entirety.

SECTION 33.  Repealing  Clause. All laws, ordinances, rules, regulations, other
issuances or parts thereof, which are inconsistent with this Executive Order, are hereby
repealed or modified accordingly.

SECTION 34. Effectivity. This Executive Order shall take effect immediately upon its
approval.

APPROVED in the City of Manila, Philippines, this 30th day of January, in the year of
Our Lord, Nineteen Hundred and Eighty-seven.
DOLE Advisory No. 2, s. 2009
GUIDELINES ON THE ADOPTION OF FLEXIBLE WORK ARRANGEMENTS
DOLE Order No. 150, s. 2016
REVISED GUIDELINES GOVERNING THE EMPLOYMENT AND WORKING
CONDITIONS OF SECURITY GUARDS AND OTHER PRIVATE SECURITY
PERSONNEL IN THE PRIVATE SECURITY INDUSTRY
POEA Memo Circular 010-10
Amended Standard Terms and Conditions Governing the Overseas Employment
of Filipino Seafarers On-Board Ocean-Going Ships

, Philippine

j WA
Republic of the PhilipPInes
Department of labor and Employment
Overseas BFO Building, Ortigas Avenue 00(. EDSA, Mandaluyong City 1501
Employment website: www.poea.gov.ph E-mail: info@poea.gov.ph
Administration Hotlines: 722 -11-44. 722-1155 This Circular shall take effect fifteen (15) days after publication in a newspaper of
general circulation.

,10 .,
MEMORANDUM CIRCULAR NO.
(Series of 2010)

TO ALL PRINCIPALS/EMPLOYERS , LICENSED MANNING

AGENCIES AND FILIP INO SEAFARERS

SUBJECT AMENDED STANDARD TERMS AND CONDITIONS GOVERNING

THE OVERSEAS EMPLOYMENT OF FILIPINO SEAFARERS ON-
BOARD OCEAN-GOING SHIPS

DATE 26 October 2010

Pursuant 10 Governing Board Resolution No. 09, series of 2010, the following
guidelines on the implementation of the Amended Standard Terms and Conditions
Governing the Overseas Employment of Filipino Seafarers on Board Ocean-Going Ships ,
which reflect the consensus of all the stakeholders after a series of tripartite consu ltations,
are hereby issued :

1. The terms and conditions provided therein are the minimum requirements acceptable
to the POEA for the employment of Filipino seafarers on board ocean-going ships .

2. The parties to the contract may improve on the minimum terms and conditions,
provided such improvements shall be made in writing and appended to the contract
of employment.

3. Manning agencies shall use and submit to the POEA, the full text of the seafarer's
employment contract herein attached including improvements, if any, for approval
and processing . Such improvements in the contract shall have prospective
application .

4. Manning agencies are directed to inform and provide copies of the amended terms
and conditions to all its accredited principals/employers.

5. Manning agencies shall ensure that its departing seafarers are given a copy of the
processed and approved employment contract, including its improvements if any.
Under no circumstances shall seafarers be allowed to leave for their respective
vessels without a copy of the processed employment contract . Such contract shall
be randomly checked at the airports.

6. POOS providers for seafarers are directed to include in the Pre-departure

Orientation Seminar (POOS) of its hired seafarers, the provisions of the amended
terms and conditions governing the employment of Filipino seafarers on board
ocean- going ships .

CONTROLLED ANi) vlSSEJ\tJNA TUD

'OCT 2 7 2QlO
BY CRD ON

STANDARD TERMS AND CONDITIONS GOVERNING THE OVERSEAS
EMPLOYMENT OF FILIPINO SEAFARERS ON-BOARD OCEAN -GOING SHIPS
Definition of Terms :
For purposes of this contract, the following terms are defined as follows :
1. Allottee - refers to any person named or designated by the seafarer as the
recipient of his remittance to the Philippines.
2. Basic Wage - refers to the salary of the seafarer exclusive of overtime, leave pay and
other all owances and benefits.
3. Beneficiary{ies) - refers to the pe rson(s) to whom the death compensation
and other benefits due under the emp loyment contract are payable in
accordance w ith rules of success ion under the Civil Code of the Philippines,
as amended.
4. Compassionate Ground - refers to incidence of death of an immediate member of
the seafarer's family which includes his parents, spouse and child ren jf the seafarer is
married or his parents if the seafarer is single
5. Convenient Port - any port where it is practicable, economical, safe and convenient to
repatriate the seafarer.
6. Dental Treatment - covers tooth extraction, or dental surgery if necessary, due to
accident
7. Departure - refers to the actual departure from the point of hire of the seafarer through
air, sea or land travel transport to join his ship at a Philippine or foreign port
8. Manning Agency - refers to any person, partnership or corporation duly
licensed by the Secretary of Labor and Employm ent to engage in the
recru itment and placement of seafarers for ships plying international waters and
for related maritime activities.
9. Philippine Port - refers to any Philippine airport or seaport.
10. Point of Hire - refers to the place indicated in the contract of employment which
shall be the basis for determining commencement and termination of contract.
11 Pre-existing illness - an illness shall be considered as pre-existing if prior to
the processing of the POEA contract, any of the following conditions are
present:
a. The ad vi ce of a medical doctor on treatment was given for such continuing
illness or condition; or
b . The seafarer had been diagnosed and has knowledge of s uch an illness or
condition but failed to disclose the same during pre-employment medical
examination (PEME), and such cannot be diagnosed during the PEME
12. Principal/Employer/Company - any person, partnership or corporation hiring Filipino
seafarers to work onboard ocean-going ships.
13 .Regular Working Hours - refers to the seafarer's eight (8) hour working hours with in a
period of 24 hours.
14. Seafarer - refers to any person wh o is employed or engaged in overseas
employment in any capacity on board a ship other than a government ship used
for mi litary or non-commercial purposes.
15. Shipwreck - refers to the damage or destruction of a ship at sea caused by collision ,
storm, grounding or any other marine peril at sea or in port rendering the ship
absolutely unable to pursue her voyage.
16. Work-Related Illness - any sickness as a result of an occupational disease listed
under Section 32-A of this Contract with the conditions set therein satisfied
17. Work-Related Injury - injury arisi ng out of and in the cou rse of employment.
SECTION 1. DUTIES
A. Duties of the PrincipaIlEmployerfMaster/Company:
1. To faithfully comply with the stipulated terms and co nditions of this contract,
particularly the prompt payment of wages , remittance of allotment and the
expeditious settlement of valid claims of the seafarer.
2. To extend coverage to the seafarers under the Philippine Social Security
System (555), Philippine Health Insurance Corporation (PhiIHealth),
Employees ' Compensation Commission (ECC) and Home Developm ent
Mutual Fund (Pag-IBIG Fund), unless otherwise provided in multilateral or
bilateral agreements entered into by the Philippine government with other
countries.
3. To make operalional on board the ship the grievance machinery provided in this
contract and ensure its free access at all times by the seafarer.
4. To provide a seaworthy ship for the seafarer and take all reasonable precautions to
prevent accident and injury to the crew including provision of safety equipment,
fire prevention, safe and proper navigation of the ship and such other precautions
necessary to avoid accident, injury or sickness to the seafarer.
2

5. To observe the Code of Ethics for Seafarers and conduct himself in the traditional
decorum of a master.
6. To provide a workplace conducive for the promotion and protection of th e
health of the seafarers in accordance with the standards and guidelines in
Title 4 of the ILO Maritime Labor Convention, 2006.
B. Duties of the Seafarer:
1. To faithfully comply with and observe the terms and conditions of this contract ,
violation of which shall be subject to disciplinary action pursuant to Section 33 of
this contract.
2. To abide by the Code of Discipline as provided in the POEA rules and regulations
governing overseas contract workers and the Code of Ethics for Seafarers.
3. To be obedient to the lawful commands of the Master or any person who shall
lawfully succeed him and to comply with the company policy including safety
policy and procedures and any instructions given in connection therewith.
4. To be diligent in his duties relating to the ship, its stores and cargo , whether on
board , in boats or ashore.
5. To conduct himself at all times in an orderly and respectful manner towards
shipm ates, passengers, shippers, stevedores, port authorities and other persons
on official business with the ship.
6. To take personal responsibility for his health while onboard by practi cing a
healthy lifestyle which includes taking medications and lifestyle changes as
prescribed by the doctor.
SECTION 2, COMMENCEMENT/DURATION OF CONTRACT
A. The employment contract between the employer and the seafarer shaH commence
upon actual departure of the seafarer from the Philippine airport or seaport in the
point of hire and with a POEA approved contract. It shall be effective until the
seafarer'S date of arrival at the point of hire upon termination of his employment
pursuant to Section 18 of this Contract.
B. The period of e m p loyment shall be for a p erIod mutu a lly a g reed upon by the seafarer and the employer
but not to exceed 12 month s. Any exte nsIon of the contra ct sha ll b e subject to m utual consent of both
parties.
SECTION 3. FREE PASSAGE FROM THE POINT OF HIRE TO THE PORT OF
EMBARKATION
The seafarer shall join the ship and be available for duty at the date and time specified by
the employer. The seafarer shall travel by air or as otherwise directed at the expense of
the employer.
3 4
SECTION 4. BAGGAGE ALLOWANCE
The seafarer traveling by air to join a ship or on repatriation shall be entitled to the normal
free baggage allowance offered by the airlines. The cost of the excess baggage shall be
for the account of the seafarer.
SECTION 5. HYGIENE AND VACCINATION
A. The seafarer shall keep his quarters and other living spaces such as: mess rooms ,
toilets , bathrooms, alleyways and recreation rooms in clean and tidy condition to the
satisfaction of the master. Such work is to be performed outside the seafarer's regular
working hours and for which no overtime pay shall be claimed .
B, The seafarer shall submit to the order of the master or to the laws of any country
within the territorial jurisdiction of which the ship may enter to have such vaccination
or inoculation or to undertake measures to safeg uard his health and the entire crew
complement.
c. The company/employer shall ensure that the seafarer shall be informed on the
cause, prevention and consequences of HIV/AIDS.
SECTION 6. WAGES
A. All seafarers shall be paid for their work regularly and in full in accordance with
this contract. They shall be paid monthly wages not later than 15 days of the
succeeding month from the date of commencement of the contract until the date of
arrival at point of hire upon termination of their employment pursuant to Section 18 of
this contract
B. 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
exchange used.
SECTION 7. PAYMENT ON BOARD
Payment of shipboard pay in foreign ports shall be subject to the currency control
regulations at the port abroad and to the official rate of exchange prevailing at the time of
payment. Advances shall be at the master's/employer's discretion and in accordance
with the foregoing conditions .
SECTION 8. ALLOTMENTS AND REMITTANCES
A. The seafarer is required to make an allotment which shall be payable once a month to
his deSignated allottee in the Philippines through any authorized Philippine bank. The
principallemployer/master/company shall provide the seafarer with facilities to do
so at no expense to the seafarer. The allotment shall be at least eighty percent (80%)
of the seafarer's monthly basic salary.
B. The principalfemployer/master/company may also provide facilities for the seafarer SECTION 11. OVERTIME & HOLIDAYS
to remit any amount earned in excess of his allotment, including backwages, if any, to
his designated allottee in the Philippines through any authorized Philippine bank A. The seafarer shall be compensated for all work performed in excess of the regular
without any charge to him. eight (8) hours as prescribed above. Overtime pay may be classified as open, fixed or
guaranteed.
C. The allotments shall be paid to th e designated allottee in Philippine currency at the
rate of exchange indicated in the credit advice of the local authorized Philippine bank. In computing overtime, a fraction of the first hour worked shall be considered as one
full hour. After the first hour overtime, any work performed which is less than thirty
(3D) minutes shall be considered as half an hour and more than thirty (30) minutes
SECTION 9. FINAL WAGE ACCOUNT & CERTIFICATE OF EMPLOYMENT
shall be considered one full hour.
The seafarer, upon his discharge, shall be given a written account of his final wages
8. Overtime work may be compensated at the following rates :
reflecting all deductions therefrom. Where a seafarer is landed in an emergency, the
written account of his wages shall be given to him not later than one month from
1. Open overtime - not less than 125 percent (125%) of the basic hourly rate computed
disembarkation . Upon the seafarer's request, he shall also be provided by his
based on two hundred eight (208) regular working hours per month .
principal/employer/master/company his certificate of employment or service record
without any charge.
2. Guaranteed or fixed overtime - not less than thirty percent (30%) of the basic
monthly salary of the seafarer. This fixed rate overtime shall include overtime work
performed on Sundays and holidays but shall not exceed one hundred five (105)
SECTION 10. HOURS OF WORK
hours a month.
A. The seafarer shall perform not more than forty-eight (48) hours of regular work a
3. Overtime work for officers shall be computed based on the fixed overtime rate .
week. The hours of works shall be determined and prescribed by the master,
provided that it co nforms with the customary international practices and standards and
4. For ratings, overtime work sha ll be based on guaranteed or open overtime rate , as
as prescribed in paragraph B below.
mutually agreed upon by the contracting parties. For ratings paid on guaranteed
overtime, overtime work in excess of 105 hours a month for ratings shall be further
B. Regular working hours for the seafarer shall be eight (8) hours in every 24 hours,
compensated by their hourly overtime rate.
midnight to midnight, Monday to Sunday. The normal practice is as follows :
C. Any hours of work or duty including hours of watchkeeping performed by the seafarer
1. The day worker shall observe the eight (8) regular working hours during the period
on deSignated rest days and holidays shall be paid rest day or holiday pay. The
from 0600 hours to 1800 hours.
following shall be considered as holidays at sea and in port.
2. The steward personnel shall observe the eight (8) regular working hours during the
period from 0500 hours to 2000 hours. New Year's Day January 1
Maundy Thursday movable date
3. The Radio Operator shall observe the eight (8) regular working hours in every Good Friday movable date
twenty-four (24) hours, midnight to midnight, from Monday to Sunday as Araw ng Kagitingan (Bataan& Corregidor Day) April 9
established by International Telecommunication Conventions and as prescribed Labor Day May 1
by the master. Independence Day June 12
National Heroes Day Last Sunday of
4. For those who are on sea watch , their working hours shall be eight (8) hours per August
day. Staggering of working hours will be at the master's discretion . All Sainls Day November 1
Bonifacio Day November 30
C. The record of th e seafarer's daily hours of work or of his daily hours of rest Christmas Day December 25
shall be maintained to allow monitoring of compliance to the above provisions. Rizal Day December 30
The seafarer shall be provided a copy of the records pertaining to him which
shall be endorsed by the master or a person authorized by the master, and by
D. Emergency Duty
the seafarer.
Nothing in this Contract shall be deemed to impair the right of the master of a
The seafarer shall be allowed reasonable rest period in accordance with international
ship to require a seafarer to perform any hours of work nece ssary for th e
standards.
immediate safety of the ship, persons on board or cargo, for the purpose of

5 6
 giving assistance t o other ships or persons in distress at sea, or to conduct fire,
boat, or emergency drill. Accordingly, the master may suspend the schedule of
hours of work or hours of rest and require a seafarer to perform any hours of
work necessary until the normal situation has been restored or the drill has
been complet ed. As soon as practicable after the normal situation has been
restored or the drill has been completed, the master shall ensure that any
seafarer who have performed work in a scheduled rest period are provided with
an adequate period of rest.
No overtime work and pay shall be cons idered for such an emergency service
or for fire, boat, or emergency drill.
SECTION 12. LEAVE PAY
The seafarer's leave pay shall be in accordance with the number of days leave per month
as agreed upon. Days leave shall not be less than four and a half days (4 %) for each
month of service and pro-rated. Leave pay shall be settled onboard or settled within two
weeks after arrival of the seafarer at the point of hire.
SECTION 13. SHORE LEAVE
The seafarer shall be allowed shore leave when practicable, upon the consent of the
master or his deputy, taking into considera tion the operations and safety of the ship.
SECTION 14. SUBSISTENCE, SHIP STORES AND PROVISIONS
A. The seafarer shall be provided by the principal/employer/master/company with
subsistence consistent with good maritime standards and practices while on board the
ship.
8 . All stores and provisions issued the seafarer are only for use and consumption on
board the ship and any unused or unconsumed stores or provisions shall remain the
property of the employer. · The seafarer shall not take ashore, sell, destroy or give
away such stores and provisions.
SECTION 15. TRANSFER CLAUSE
The seafarer agrees to be transferred at any port to any ship owned or operated, manned
or managed by the same employer, provided it is accredited to the same manning agent
and provided further that the position of the seafarer and the rate of his wages and terms
of service are in no way inferior and the tota l period of employment shall not exceed that
originally agreed upon.
Any form of transfer shall be documented and made available when necessary.
SECTION 16. GRIEVANCE MACHINERY
A. If the seafarer considers himself aggrieved, he shall make his complaint in accordance
with the following procedures:
7 8
1. The seafarer shall first approach the head of the Department in which he is
assigned to explain his grievance.
a. In the Deck, Radio and Catering Department, the head is the Chief Mate.
b. In the Engine Department, the head is the Chief Engineer.
c. In the Catering and/or Hotel Department in a passenger ship, the head is the
Chief Steward andlor Purser.
2 . The seafarer shall make his grievance in writing and in an orderly manner and shall
choose a time when his complaint or grievance can be properly heard.
3. The seafarer may also seek the assistance of the highestwranking Filipino
seafarer on board.
4. The Department head shall deal with the complaint or grievance and where
solution is not possible at his level, refer the complaint or grievance to the
Master who shall handle the case personally.
5. If no satisfactory result is achieved, the seafarer concerned may appeal to the
management of the company or with a Philippine Overseas Labor Office or
consular officer overseas. The master shall afford such facilities necessary
to enable the seafarer to transmit his appeal.
B. When availed of by the seafarer, the grievance procedure and all actions or decisions
agreed upon shall be properly documented for the protection and interest of both
parties.
c. The aggrieved seafarer whose employment is covered by an existing CSA shall
elevate any unsatisfactory resolution of his grievance to voluntary arbitration as
agreed upon under the CBA. The aggrieved party whose employment is not
covered by an existing CSA may elevate his complaint to the Maritime Industry
Labor Arbitration Council (MILA) prior to any other forum.
D. The foregoing procedures shall be without prejudice to other modes of voluntary
settlement of disputes and to the jurisdiction of the Philippine Overseas Employment
Administration (POEA) or the National Labor Relations Commission (N LRC) over any
unresolved compla ints arising out of shipboard employment that shall be brought
before it by the seafarer.
SECTION 17. DISCIPLINARY PROCEDURES
The Master shall comply with the following disciplinary procedures against an erring
seafarer:
A. The Master shall furnish the seafarer with a written notice containing the following :
1. Grounds for the charges as listed in Section 33 of this Contract or analogous
act constituting the same.
 2. Date, time and place for a formal investigation of the charges against the
seafarer concerned .
B. The Master or his authorized rep resentative shall conduct the investigation or hearing ,
giving the seafarer the opportun ity to explain or defend himself against the charges .
These procedures must be duly documented and entered into the ship's logbook.
C. If the ship arrives at a convenient port within a period of three (3) months before the
C. If after the investigation or hearing, the Master is convinced that imposition or a
penalty is justified, the Master shall issue a written notice of penalty and the reasons
for it to the seafarer, with copies furnished to the Philippine agent.
D. Dismissal for just cause may be effected by the Master without furnishing the seafarer
with a notice of dismissal if there is a clear and existing danger to the safety of the
crew or the ship. The Master shall send a complete report to the manning agency
substantiated by witnesses , testimonies and any other documents in support thereof.
D. The seafarer, if discharged at a port abroad for any reason shall be repatriated to
SECTION 18. TERMINATION OF EMPLOYMENT
A. The employment of the seafarer shall cease when the seafarer completes his period
of contractual service aboard the ship, from the ship and arrives at the point
of hire.
E.
B. The employment of the seafarer is also terminated effective upon arrival at the point
of hire for any of the following reasons :
seafarer shall be entitled only to his earned wages and earned leave pay and to his
basic wages corresponding to the unserved portion of the contract, unless within 60
days from disembarkation, the seafarer is rehired at the same rate and position, in
which case the seafarer shall be entitled only to his earned wages and earned leave
pay.
,
expiration of his contract, the prin cipallemployer/master/company may repatriate
the seafarer from such port provided that the seafarer shall be paid all his earned
wages . In addition, ttie seafarer shall also be paid his leave pay for the entire contract
period plus a termination pay equivalent to one (1) month of his basic pay, provided ,
however, that this mode of termination may only be exercised by the
principal/employer/master/company if the original contract period of the seafarer is
at least nine (9) months; provided, further, that the conditions for this mode of
repatriation shall not apply to dismissal for cause.
the Philippines via sea or air or as may otherwise be directed by th e
principal/employer/company. He shall be provided with accommodation and
food , allowances and medical treatment, if necessary, until he arrives at the
point of hire.
When the 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.

1. When the seafarer signs 0ff and is disembarked for medical reasons pursuant to
4
Section 20 (A)[5) of this Contract.
2. When the seafarer due to shipwreck, ship's sale, of ship,
discontinuance of voyage or change of ship principal in accordance with Sections
22, 23 and 26 of this Contract.
3. When the seafarer, in writing, voluntarily resigns and signs off prior to expiration of
contract pursuant to Section 19 (G) of this Contract.
4. When the seafarer is discharged for just cause as provided for in Section 33 of th is
Contract.
SECTION 19. REPATRIATION
A. If the ship is outside the Philippines upon the expiration of the contract, the seafarer
shall continue his service on board until the ship's arrival at a convenient port and/or
after arrival of the replacement crew provided that, in any case , the continuance of
such service shall not exceed three months. The seafarer shall be entitled to earned
wages and benefits as provided in his contract.
B. If the ship arrives at a convenient port before the expiration of the contract, the
principal/employer/master/company may repatriate the seafarer from such port,
provided the unserved portion of his contract is not more than one (1) month. The
F. The seafarer, when discharged and repatriated as directed by the
principallemployerfmaster/company shall be entitled to basic wages from date of
signing off until arrival at the point of hire except when the discharge is in accordance
with the above or for disciplinary reasons .
If th e seafarer delays or makes a detour or proceeds to a destination other than
through the travel itinerary arranged by the employer to the point of hire, the
employment of the seafarer will be cons idered terminated at the time the
seafarer signs off the ship and all additional expenses shall be to the seafarer's
accounf The seafarer shall be entitled to earned wages and basic wage
calculated based on the original scheduled date of arrival at the point of hire. All
oth er liabilities of the company in this event shall cease at the time the seafarer
is terminated. Any illness, injury or death sustained by the seafarer, due to the
above shall be considered non-work related and sh all not be compensated.
G. A seafarer who requests for early termination of his contract shall be liable for his
repatriation cost as well as the transportation cost of his replacement. The employer
may, in case of compassionate grounds, assume the transportation cost of the
seafarer's replacement.
H. The seafarer shall report to the manning agency within 72 hours upon arrival at
point of hire.

9 10
SECTION 20. COMPENSATION AND BENEFITS
A COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
The liabilities of the employer when the seafarer suffers work-related injury or illness
during the term of his contract are as follows:
1. The employer shall continue to pay the seafarer his wages during the time he is on
board the ship;
2. If the injury or illness requires medical and/or dental treatment in a foreign port, the
employer shall be liable for the full cost of such medical, serious dental, surgical
and hospital treatment as well as board and lodging until the seafarer is declared
fit to work or to be repatriated. However, jf after repatriation, the seafarer still
requires medical attention arising from said injury or illness, he shall be so
provided at cost to the employer until such time he is declared fit or the degree of
his disability has been established by the company-designated physician .
3. In addition to the above obligation of the employer to provide medical
attention , the seafarer shall also receive sickness allowance from his
employer in an amount equivalent to his basic wage computed from the time
he signed off until he is declared fit to work or the degree of disability has
been assessed by the company-designated physician. The period within
which the seafarer shall be entitled to his sickness allowance shall not
exceed 120 days. Payment of the sickness allowance sQ,all be made on a
regular basis, but not less than once a month.
The seafarer shall be entitled to reimbursement of the cost of medicines
prescribed by the company-designated physician. In case treatment of the
seafarer is on an out-patient basis as determined by the company-
deSignated physician, the company shall approve the appropriate mode of
transportation and accommodation. The reasonable cost of actual traveling
expenses andlor accommodation shall be paid subject to liquidation and
submission of official receipts andlor proof of expenses.
For this purpose, the seafarer shall submit himself to a post-employment medical
examination by a company-designa ted physician within three working days upon
his return except when he is physically incapacitated to do so, in which case , a
written notice to the agency within the same period is deemed as compliance . In
the course of the treatment, the seafarer shall also report regularly to the
company-de's ignated physician specifically on the dates as prescribed by
the company-designated physician and agreed to by the seafarer. Failure of
the seafarer to comply with the mandatory reporting requirement shall result in his
forfeiture of the right to claim the above benefits.
If a doctor appointed by the seafarer disagrees with the assessment, a third
doctor may be agreed jointly between the Employer and the seafarer. The third
doctor's decision shall be final and binding on both parties.
4. Those illnesses not listed in Section 32 of thi s Contract are disputably presumed
as work-related.
II
5, In case a seafarer is disembarked from the ship for medical reasons , the
employer shall bear the full cost of repatriation in the event the seafarer is
declared (1) fit for repatriation ; or (2) fit to work but the employer is unable to find
employment for the seafarer on board his former ship or another ship of the
employer.
6. In case of permanent tota l or partial disability of the seafarer caused by either injury
or illness the seafarer shall be compensated in accordance with the schedule of
benefits enumerated in Section 32 of his Contract. Computation of his benefits
arising from an illness or disease shall be governed by the rates and the rules of
compensation applicable at the time the illness or disease was contracted.
The disability shall be based solely on the disability gradings provided
under Section 32 of this Contract, and shall not be measured or determined
by the number of days a seafarer is under treatment or the number of days
in which sickness allowance is paid.
7. It is understood and agreed that the benefits mentioned above shall be
separate and distinct from, and will be in addition to whatever benefits
which the seafarer is entitled to under Philippine laws such as from th e
Social Security System, Overseas Workers Welfare Administration ,
Employees ' Compensation Commission, Philippine Health Insurance
Corporation and Home Development Mutual Fund (Pag-IBIG Fund).
B. COMPENSATION AND BENEFITS FOR DEATH
1. In case of work-related death of the seafarer, during the term of his contract, the
employer shall pay his beneficiaries the Philippine currency equivalent to the
am ount of Fifty Thousand US doliars (US$50,OOO) and an additional amount of
Seven Thousand US doliars (US$7 ,OOO) to each child under the age of twenty-
one (21) but not exceeding four (4) children, at the exchange rate prevailing
during the time of payment.
2. Where death is caused by warlike activity while sailing within a declared war zone
or war risk area, the compensation payable shall be doubled. The employer shall
undertake appropriate war zone insurance coverage for this purpose.
3. It is understood and agreed that the benefits mentioned above shall be separate
and distinct from , and will be in addition to whatever benefits which the seafarer is
entitled to under Philippine laws from the Social Security System, Overseas
Workers Welfare Administration, Employee's Compensation Commission ,
Philippine Health Insurance Corporation and Home Development Mutual Fund
(pag-IBIG Fund).
4. The other liabilities of the employer when the seafarer dies as a result of work-
related injury or illness during the term of employment are as follows:
a. The employer shall pay the deceased's beneficiary all outstanding obligations
due the seafarer under this Contract.
12
 b. The employer shall transport the remains and personal effects of the seafarer
to the Philippines at employer's expense except if the death occurred in a port
where local government laws or regulations do not permit the transport of such
remains . In case death occurs at sea, the disposition of tile remains shall be
handled or dealt with in accordance with the master's best judgment. In all
cases , the employer/master shall commun icate with the manning agency to
advise for disposition of seafarer's remains.
c. The employer shall pay the beneficiaries of the seafarer the Philippine currency
equivalent to the amount of One Thousand US dollars (US$1 ,000) for burial
expenses at the exchange rate prevailing during the time of payment.
C. It is understood that computation of the tota l permanent or partial disability of the
seafarer caused by the injury sustained resu lting from warlike activities within the
warzone area sha ll be based on the compensation ra te payable within the warzone
area as prescribed in this Contract.
D. No compe nsation and benefits shall be payable in respect of any injury, incapacity,
disability or death of the seafarer resulting from his willful or criminal act or intentional
breach of his duties, provided however, that the employer can prove that such injury,
incapacity, disability or death is directly attributable to the seafarer.
E. A seafarer who knowingly conceals a pre·existing illness or condition in the
Pre-Employment Medical Examination (PEME) shall be liable for
misrepresentation and shall be disqualified from any compensation and
benefits. This is likewise a just cause for termination of employment and
imposition of appropriate administrative sanctions.
F. When requested , the sea farer shall be furni shed a copy of all pertinent medical
reports or any records at no cost to the seafarer.
G. The amounts paid to the seafarer due to accidental or natu ral death, or
permanent total disablement by virtue of the provisions of RA 8042 as amended
by RA 10022 and its implementing rules and regulations shall form part of and
shall be deducted from the total amount that the seafarer is determined to be
finally entitled to under this Contract.
M..- Subsistence allowance benefit as provided in RA 8042, as amended by RA
10022. The principal/employer/company shall grant to the seafarer who is
involved in a case or litigation for the protection of his rights in a foreign
country, a subsistence allowance of at least One Hundred United States Dollars
(U S$100) per month for a maximum of six (6) months.
I. CompaSSionate Visit as provided in RA 8042, as amended by RA 10022. Wh en
a seafarer is hospitalized and has been confined for at least seven (7)
consec utive days, he shall be entitled to a compassionate visit by on e (1) family
member or a requested individual. The employer shall pay for the
transportation cost of the family member or requested individual to the major
airport closest to the place of hospitalization of the seafarer. It is, however, the
13
responsibility of the family member or requested individual to meet all visa and
travel document requirements;
J . The seafarer or his successor in interest acknowledges that payment for injury, illness,
incapacity, disability or death and other benefits of the seafarer under this contract
and under RA 8042, as amended by RA 10022, shall cover all claims in relation with
or in the course of the seafarer's employment, including but not limited to damages
arising from the con tract, tort, fault or negligence under the laws of the Philippines or
any other country.
SECTION 21 . WAR AND WARLIKE OPERATIONS ALLOWANCE
A. The POEA shall be the sole authority to determine whether the ship is within a
war risk trading area. It shall also determine the amount of premium pay to
which the seafarer shall be entitled to when sailing in that warwrisk trading area.
B. The seafarer when sailing within a warwrisk trading area shall be entitled to such
premium pay as the POEA may determine through appropriate periodic
issuances.
C. If at the time of the signing of the contract, an area is decl ared a war or warwrisk
trading area and the seafarer binds himself in writing to sail into that area, the
agreement shall be properly appended to the Contract for verification and
approval by the Philippine Overseas Employment Administration (POEA). The
seafarer shall comply with the agreement or shall bear his cost of repatriation
when he opts not to sail into a war or war-risk trading area.
D. If a war or warlike operations should arise during the term of this Contract in
any country within the ship's trading area, the seafarer may s ail with the ship
within and out of the trading area if required by the Master.
SECTION 22. TERMINATION DUE TO SHIPWRECK AND SHIP'S FOUNDERING
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 at employer's expense to determine his fitness to work , repatriation at
employer's cost and one month basic wage as termination pay.
In case of termination of employment of the seafarer before the expiration of the
term of his contract due to shipwreck, actua l or constructive total loss or
foundering of the ship, the seafarer shall be entitled to earned wages, medical
examination at employer's expense to determine his fitness to work, repatriation at
employer's cost and one month basic wage as termination pay.
SECTION 23. TERMINATION DUE TO SALE OF SHIP, LAY-UP OR
DISCONTINUANCE OF VOYAGE
Where the ship is sold , laid up, or the voyage is discontinued necessitating the
termination of employment before the date indicated in the Contract, the seafarer shall be
14
entitled to earned wages, repatriation at employer's cost and one (1) month basic wage as
termination pay, unless arrangements have been made for the seafarer to join another
ship belonging to the same principal to complete his contract in which case the seafarer
shall be entitled to basic wages until the date of joining the other ship.
SECTION 24. TERMINATION DUE TO UNSEAWORTHINESS
A. If the ship is declared unseaworthy by a classification society, port state or flag state,
the seafarer shall not be forced to sail with the ship.
B. If the ship's unseaworthiness necessitates the termination of employment before the
date indicated in the Contract, the seafarer shall be entitled to earned wages ,
repatriation at cost to the employer and termination pay equivalent to one (1) month
basic wage .
SECTION 25. TERMINATION DUE TO REGULATION Y., CONTROL PROCEDURES
OF THE 1978 STCW CONVENTION , AS AMENDED
If the seafarer is terminated and/or repatriated as a result of port state control
procedures/actions in compliance with Regulation % of the 1978 STCW Convention, as
amended, his termination shall be considered valid . However, he shall be entitled to
repatriation and earned wages and benefits only.
SECTION 26. CHANGE OF PRINCIPAL
A Where there is a change of Principal of the ship necessitating the pre-termination of
employment of the seafarer; the seafarer should be entitled to earned wages and
repatriation at employer's expense. He, shall also be entitled to one (1) month basic
pay as termination pay.
B. In case arrangements have been made for the seafarer to directly join another
ship of the same Principal to complete his contract, he shall only be entitled to
basic wage from the date of his disembarkation from his former ship until the
date of his joining the new ship.
SECTION 27. LOSS OF OR DAMAGE TO CREW'S EFFECTS BY MARINE PERIL
A The seafarer shall be reimbursed by the employer the full amount of loss or damage
to his personal effects but in no case shall the amount exceed the Philippine currency
equivalent to the amount of Two Thousand US doliars (US$2,OOO) if his personal
effects are lost or damaged as a result of the wreck or loss or stranding or
abandonment of the ship or as a result of fire , flooding , collision or piracy.
B. In case of partial loss, the amount shall be determined by mutual agreement of both
parties but in no case to exceed the Philippine currency equivalent to the amount of
Two Thousand US dollars (US$2.000).
15
C. Reimbursement for loss or damage to the seafarer's personal effects shall not apply if
such loss or damage is due to (a) the seafarer's own fault; (b) larceny or theft or (c)
robbery.
D. Payment of any reimbursement shall be computed at the rate of exchange prevailing
at the time of payment.
SECTION 2B. GENERAL SAFETY
A. The seafarer sha ll observe and follow any regulation or restriction that the master may
impose concerning safety, drug and alcohol and environmental protection.
B. The seafarer shall make use of all appropriate safety equipment provided him and
must ensure that he is suitably dressed from the safety point of view for the job at
hand .
SECTION 29. DISPUTE SETTLEMENT PROCEDURES
In cases of claims and disputes arising from this employment, the parties covered by a
collective bargaining agreement shall submit the claim or dispute to the original and
exclusive jurisdiction of the voluntary arbitrator or panel of voluntary arbitrators. If the
parties are not covered by a collective bargaining agreement, the parties may at their
option submit the cla im or dispute to either the original and exclusive jurisdiction of the
National Labor Relations Commission (NLRC), pursuant to Republ ic Act (RA) 8042
otherwise known as the Migrant Workers and Overseas Filipinos Act of 199 5, as
am ended , or to the original and exclusive jurisdiction of the VOluntary arbitrator or panel of
arbitrators. If there is no provision as to the voluntary arbitrators to be appOinted by the
parties, the same shall be appointed from the accredited voluntary arbitrators of the
National Conciliation and Mediation Board of the Department of Labor and Employment
The Philippine Overseas Employment Admi nistration (POEA) shall exercise original and
exclusive jurisdiction to hear and decide disciplinary action on cases , whi ch are
administrative in character, involving or arising out of violations of recruitment laws, rules
and regulations involving employers, principals, contracting partners and Filipino
seafarers.
SECTION 30. PRESCRIPTION OF ACTION
All claims arising from this contract shall be made with in three (3) years from the date the
cause of action arises, otherwise the same shall be barred.
SECTION 31 . APPLICABLE LAW
Any unresolved dispute, claim or grievance arising out of or in co nnection with this
contra ct including the annexes thereof, shall be governed by the laws of the Republic of
the Philippines, international conventions , treaties and covenants to wh ich the Philippines
is a signatory.
16
SECTION 32. SCHEDULE OF DISABILITY OR IMPEDIMENT FOR INJURIES
SUFFERED AND DISEASES INCLUDING OCCUPATIONAL DISEASES OR ILLNESS
NOSE AND MOUTH
CONTRACTED. 1. Considerable stricture of the nose (both sid es) hindering breathing ----.-----.--- Gr. 11
2. Loss of the sense of hearing in one ea r -----------------------------.-------------------- Gr. 11
HEAD 3. Injuries to the tongue (partial amputation or adhesion) or palate-causing Gr. to
Traumatic head injuries that result to: defective speech ------------------ ------------------------.-----.-------------------------------
1. Apperture unfilled with bone not over three (3) inches without brain injury .-_.-- Gr. 9 4. Loss of the three (3) teeth restored by prosthesis -------------------------------------- Gr. 14
2. Unfilled with bone over three (3) inches without brain injury ------------------------ Gr. 3
3. Severe paralysis of both upper or lower extremities or one upper and one Gr. 1 EARS
lower e xtre m ity ----------------------------------------------------.-.--------------------------- 1. For the complete loss of the se nse of hearing on both ea rs ------------------------- Gr. 3
4. Moderate paralysis of two (2) extremities producing moderate difficulty in Gr. 10 2. Loss of two (2) externa l ears ---------------------------------------------------------------- Gr. 8
movem e nts wi th se If-ea re a ctivi ti es ---.---------------------------------------------------- 3. Complete loss of the sense of hearing in one ear -------------------------------------- Gr. 11
5. Slight paralysis affecting one extremity producing slight difficulty with self-care Gr. 10 4. Loss of one external ear ---------------------------------------------------------------------- Gr. t2
activities ------------------------------------------------------------------------------------------- 5. Loss of one half (1/2) of an external ear -------------------------------------------------- Gr. 14
6. Severe mental disorder or Severe Complex Cerebral function disturbance or
post-traumatic psychoneurosis which require regular aid and attendance as to Gr. 1 NECK
render worker permanently unable to perform any work ----------------------------- 1. Such injury to the throat as necessitates the wearing of a tracheal tube --------- Gr. 6
7. Moderate mental disorder or moderate brain functional disturbance which 2. Loss of speech due to injury to the voca l cord ------------------------------------------ Gr. 9
limits worker to the activities of daily living with some directed care or Gr.6 3. Total stiffness of neck due to fracture or dislocation of the cervical pines ------- Gr. 8
attendance --------------------------------------------------------------------------------------- 4. Moderate stiffness or two thi rds (2/3) loss of motion of the neck ------------------- Gr. 10
8. Slight mental disorder or disturbance that requires little attendance or aid and 5. Slight stiffness of the neck or one thi rd (1/3) loss of motion ------------------------- Gr. 12
which interferes to a slight degree with the working capacity of the claimant --- Gr. 10
CHEST-TRUNK-SPINE
9. Incurable imbecility ----------------------------------------------------------------------------- Gr. 1
1. Fracture of four (4) or more ribs res ulti ng to severe limitation of chest ----------- Gr. 6
2. Fracture offour (4) or more ribs with intercostal neuralgia resulting in Gr.9
moderate limitation of chest expansion ---------------------------------------------------
FACE 3. Slight limitation of chest expansion due to simple rib functional without Gr. 12
myosi tis or in te rcosta I ne uraIg ia ------------------------------------------------------------
1. Severe disfigurement of the face or head as to make the worker so repulsive 4. Fracture of the dorsal or lumber spines resu lting severe or total rigidity of the
as to greatly handicap him in securing or retain ing ------------------------------------ Gr. 2 trunk or total loss of lifting power of heavy objects ------------------------------------- Gr. 6
2. Moderate facial disfigurement involving partial ablation of the nose with big Gr.5 5. Moderate rigidity or two thirds (2/3) loss of motion or lifting power of the trunk Gr. 8
scars on face or head ------------------------------------------------------------------------- 6. Slight rigidity or one third (1/3) loss of motion or lifting power of the trunk ------- Gr. 11
3. Partial ablation of the nose or partial avulsion of the scalp -------------------------- Gr. 9 7. Injury to the spina l cord as to make walk ing impossible without the aid of a Gr.4
4. Complete loss of the power of mastication and speech function ------------------- Gr. 1 pa ir of c rutc hes ----------------------------------------------------------------------------------
5. Moderate constriction of the jaw resulting in moderate degree of difficulty in 8. Injury to the spinal cord as to make walking impossible even with the aid of a Gr. 1
chewing and moderate loss of the power or the expression of speech ----------- Gr.6 pa i r of crutch es ----------------------------------------------------------------------------------
6. Slight disorder of mastication and speech function due to traumatic injuries to Gr. 12 9. Injury to the spina l cord resul ting to incontinence of uri ne and feces ------------- Gr.1
jaw 0 r cheek bo n e ------------------------------------------------------------------------------
ABDOMEN
1. Loss of the spleen ----------------------------------.------------------------------------------- Gr. 8
EYES 2. Loss of one kidney ----------------------------------------------------------------------------- Gr.7
1. Blindness or total and permanent loss of vision of both eyes ----------------------- Gr. 1 3. Severe residuals of impairment of intra-abdominal organs which requires
2. Total blindness of one (1) eye and fifty percent (50%) loss of vision of the Gr. 5
regular aid and attendance that wi ll unable worker to seek any gainful Gr. 1
other eye ------------------------------------------------------------------------------------------ employment --------------------------------------------------------------------------------------
3. Loss of one eye or total blindness of one eye ------------------------------------------- Gr.7 4. Moderate residuals of disorder of the intra-abdominal organs secondary to
4. Fifty percent (50%) loss of vision of one eye -------------------------------------------- Gr. 10 trauma resulting to impairment of nutrition , moderate tenderness , nausea, Gr. 7
5. Lag 0 ptha Imos, 0 n e eye ----------------------------------------------------------------------- Gr. 12 vomiting , constipa tion or diarrhea ----------------------------------------------------------
6. Ectro pi on, 0 ne eye ------------------------- -----------------------------•• --------------------- Gr. 12 5. Slight residuals or disorder of the intra-abdominal organs resulting in
7. E phi phora, 0 ne eye ------------------------------------••--•• ---------------------------------- Gr.12
impairment of nutrition, slight tenderness and/or constipation or diarrhea------- Gr. 12
8. Ptos is, one eye -.------------------------------------------------------------------- ----------.-- Gr. 12 6. Inguinal hernia seconda ry to traum a or strain ------------------------------------------- Gr. 12
Note: (Smeller's Chart - used to grade for near and distant vision).

17 18
 4. Loss of grasping power for sma ll objects between the fold of the finger of one Gr. 10
PELVIS hand -------------------------------------------- ----------------------------------------------------
5. Loss of grasping power for large objects between fingers and palm of one Gr. 10
1. Fracture of the pelvic ri ngs as to totally incapacitate worker to work -------------- Gr, 1 hand ------------------------------------------------------------------------------------------------
2. Fracture of the pelvic ring resulting to deformity and lameness -------------------- Gr, 6 6. Loss of opposition between th e th umb and ti ps of the fi ngers of one hand ----- Gr 9
7. Ankyclosed wrist in normal pos ition -------------------------------------------------------- Gr 10
URINARY AND GENERATIVE ORGANS 8. Ankyclosed wrist in position one th ird (1/3) flexed or half extended and/or Gr 11
1. Total 1055 of penis ------------------------------------------------------------------------------ Gr. 7 severe limited acti on of a w ri st --------------------------------------------------------------
2. Total loss of both testicles •••••••••••••.•.......••••••••••.......•....•••••••.•............... Gr. 7
3. Total loss of one testicle ---------------------------------------------------------------------- Gr. 11 SHOULDER AND ARM
4. Scars on the penis or destruction of the parts of the cavernous body or 1. Inability to turn forearm (forearm in normal position-s upination) ------------------- Gr 11
urethra interfering with erection or markedly affecting coitus ----------------------- Gr. 9 2. Inability to turn forearm ( fo rearm in abnormal positi on - pronation) -------------- Gr 10
5. Loss of one breast ----------------------------------------------------------------------------- Gr.11 3. Disturbance of the norm al carrying angle or wea kness of an arm or a forearm
6. Prolapse of the uterus ------------------------------------------------------------------------- Gr. 13 due to deformity of moderate atrophy of muscles -------------------------------------- Gr 11
7. Great difficulty in urinating -------------------------------------------------------------------- Gr. 13 4. Stiff elbow at full flexion or extension (one side) --------------------------------------- Gr 7
8. Inco nti nence of urine ------------------------------------------------------------------------ Gr. 10 5. Stiff elbow at right ang le fl exion ------------------------------------------------------------- Gr. 8
6. FIa iI e Ibow j oint ---------------------------------------------------------------------------------- Gr9
THUMBS AND FINGERS 7. Pseudoarthrosis of the humerus with musculospi ra l or radia l paralysis ---------- Gr 6
1. Tota l loss of one thumb including metacarpal bone ----------------------------------- Gr. 9 8. Ankylosis of one (1) shoulder, the shoul der blade rema ining mobile ------------- Gr 9
2. Total loss of one thumb ----------------------------------------------------------------------- Gr. 10 9. Ankylosis of one sho ulder, the sho ul der bl ade remaini ng rigid --------------------- Gr. B
3. Total loss of one index finger including metacarpal bone ---------------------------- Gr. 10 10. Unreduced dislocation of one (1) shoulde r -----------------------------------------.----- Gr. B
4. Total loss of one index finger ---------------------------------------------------------------- Gr. 11 11. Ruptured biceps or pseudoarthrosis of the humerus, close (one side) ----------- Gr. 11
5. Total loss of one middle finger including metacarpal bone -------------------------- Gr. 11 12. Inability to raise arm more than halfway from horizontal to perpendicular ------- Gr. 11
6. Total loss of one middle finger -------------------------------------------------------------- Gr. 12 13. Ankylosis of the shoulder joint not permitting arm to be raised above a level
7. Total loss of one ring finger including metacarpal bone ------------------------------ Gr. 12 with a shou lder and/or irreducible fra ctu re or faulty union collar bone ------------ Gr 10
8. Total loss of one ring finger ------------------------------------------------------------------ Gr. 13 14. Total para lys is of both upper extremities ------------------------------------------------- Gr. 1
9. Total loss of one small finger including metacarpal bone ---------------------------- Gr. 13 15. Total para lysis of one upper extremity ---------------------------------------------------- Gr 3
1O. Total loss of one small finger ---------------------------------------------------------------- Gr. 14 16. Amputation of one (1) upper extremity at or above the elbow ---------------------- Gr. 4
11 .Loss of two or more fingers . Compensation for the loss of use of two (2) or 17. Scar the size of the palm in one extremity ----------------------------------------------- Gr14
more fingers or one (1) or more phalanges of two or more digits of a hand
must be proportioned to the loss of the hand occasioned thereby but shall not LOWER EXTREMITIES
exceed the compensation for the loss of a hand: Gr. 6 1. Loss of a big toe -------------------------------------------------------------------------------_ Gr 12
a. Loss of five (5) fingers of one hand ------------------------------------------- 2. Loss of a toe other than the big one ------------------------------------------------------- Gr. 14
b. Loss of thumb, index fingers and any of 2 or more fingers of the Gr. 6 3. Loss of ten (10) digits of both feet ---------------------------------------------------------- Gr5
same hand --------------------------------------------------------------------------- 4. Loss of a great toe of one foot + one toe ------------------------------------------------- Gr 10
c. Loss of the thumb, index fi nger and anyone of the rema ining fingers Gr. 7 5. Loss of two toes not including great toe or next to it ---------------------------------- Gr 12
of the same hand ------------------------------------------------------------------ 6. Loss of three (3) toes excludi ng great toe of a foot ------------------------------------ Gr. 10
d. Loss of thumb and index finger ------------------------------------------------- Gr. 8 7. Loss of four (4) excluding grea t toe of a foot -------------------------------------------- Gr 9
e. Loss of three (3) fingers of one hand not including thumb and index Gr. 9 8. Loss of great toe and two (2) other toes of the same foot --------------------------- Gr9
finger ---------------------------------------------------------------------------------- 9. Loss of five digits of a foot -------------------------------------------------------------------- GrB
f. Loss of the index finger and anyone of the other fingers of the same Gr. 9 10. Loss of both feet at an kle joint or above -------------------------------------------------- Gr 1
ha nd excl udi ng th urn b ------------------------------------------------------------ 11 . Loss of one foot at ank le joint or above ---------------.-----------------------------_____ _ Gr6
g. Loss of two (2) digits of one hand not including thumb and index Gr. 10 12. Depression of the arch of a foot res ulti ng in weak foot -------------------------------
finger •••••••••••••.••••••••••••••••••..•..••••••••••••••••••••••••••••••••••••••.•.•.•• Gr 12
13. Loss of one half (1/2) metatarsus of one (1) foot ------------------------------------__ _ Gr. 8
12. Loss of ten (10) fingers of both hands ....••••••••••••...••.......•••••••••••.............. Gr.3 14. Loss of whole metatarsus or fo repart of foot -------------------------------------------- Gr7
15. Tearing of achilles tendon resu ltin g in th e impairment of active flexion and Gr. 12
HANDS extens ion of a foot ----- ------------------------------------------------------------------------------
1. Total loss of use of both hands or amputation of both hands at wrist jOints or Gr. 1 16. Malleolar fracture with displacement of the foot inward or outward ---------------- Gr 10
above -------------------------------------------------------------------------------------------- 17. Complete immobility of an ankl e joint in abno rmal position -----------------------.-- Gr 10
2. Amputation of a hand at carpo-metacarpa l joints -------------------------------------- Gr. 5 18. Complete immobility of an an kle join t in normal position ----------------------------- Gr. 11
3. Amputation between wrist and elbow joint ----------------------------------------------- Gr. 5 19. Tota l loss of a leg or amputation at or above the knee -------------------------------- Gr 3
19 20
20. Stretching leg of the ligaments of a knee resulting in instability of the joint ------ Gr. 10
21 . Ankylosis of a knee in genuvalgum of varum -------------------------------------------- Gr 10 SECTION 32 - A. OCCUPATIONAL DISEASES
22 . Pseudoarthrosis of a knee cap -------------------------------------------------------------- Gr. 10
23. Complete immobility of a knee joint in full extension ----------------------------------- Gr. 10 For an occupational disease and the resulting disability or death to be compensable , all of
24. Complete immobility of a knee joint in strong flexion ---------------------------------- Gr. 7 the following conditions must be satisfied:
25. Complete immobility of a hip joint in flexion of the thigh ------------------------------ Gr. 5
26. Comp lete immobility of a hip joint in full extension of the thigh --------------------- Gr 9 1. The seafarer's work must involve the risks described herein;
27. Slight atrophy of ca lf of leg muscles without apparent shortening or joint
2. The disease was contracted as a result of the seafarer's exposure to the described
lesion or disturbance of weight-bearing line --------------------------------------------------- Gr. 13
risks ;
28. Shortening of a lower extremity from one to three centimeters with either joint
lesion or disturbance of weight-bearing joint -------------------------------------------------- Gr13 3. The disease was contracted within a period of exposure and under such other
29. Shortening of 3 to 6 em with slight atrophy of calf or thigh muscles --------------- Gr 12 factors necessary to contract it: and
30. Shorteni ng of 3 to 6 cm with either jOint lesion or disturbance of weight- Gr 11 4. There was no notorious negligence on the part of the seafarer.
be ari n g joi nt -------------------------------------------------------------------------------------------
31 . Irregular union of fracture with joint stiffness and with shortening of 6 to 9 cm Gr9 The following diseases are considered as occupational when contracted under working
prod uci ng pe rma ne n t Iame ness ------------------------------------------------------------------ conditions involving the risks described herei n:
32. Irregular union of fracture in a thigh or leg with shortening of 6 to 9 cms --------- Gr 10
33. Failure of fracture of both hips to unite ---------------------------------------------------- Gr. 1
34. Failure of fracture of a hip to unite --------------------------------------------------------- Gr. 3 OCCUPATIONAL DISEASE NATURE OF EMPLOYMENT
35. Paralysis of both lower extremities --------------------------------------------------------- Gr 1 1. Cancer of the epithelial of the bladder Work involving exposure to
36. Paralysis of one lower extremity ------------------------------------------------------------ Gr. 3 (Papilloma of the bladder) alphanapthyylamine, beta-
37 . Scar the size of a palm or larger left on an extremity ---------------------------------- Gr. 14 naphathylamin, or benzidine of any part
of the salts; and auramine or magenta
2. Cancer, epitheliomatous or he use or handling of, exposure to
NOTE: Any item in the schedule classified under Grade 1 shall be considered or shall ulceration of the skin or of the corneal tar, pitch, bitumen, mineral oil
constitute total and permanent disability.
surface of the eye due to tar, pitch, (including paraffin) soot or any
bitumen, mineral oil or paraffin, or compound product or residue of any
compound product or residue of these of these substances
substances
3. Deafness - severe profound hearing Any industrial operation having
loss in an occupation where employee excessive noise particularly in the
SCHEDULE OF DISBILITY ALLOWANCES is exposed to prolonged, significant higher frequencies
noise and vibration in his line of w ork
IMPEDIMENT GRAD IMPEDIMENT
4. Decompression sickness
1 US$ 50 ,000 x 120.00%
a. Caissons disease Any process carried on in compressed
2 x 88.81 %
or rarefied air.
3 " x 78.36%
4 x 68.66%
b. Aeroembolism Anv process carried on in rarefied air
5 x 58.96%
5. Dermatitis due to irritants and The use or handling of chemical agents
6 x 50.00%
sensitizers which are skin irritants and sensitizers
7 x 41 .80%
6. Infections Work in connection with animals
8 " x 33.59%
Pneumonia infected w ith anthrax, handling of
9 " x 26.12%
Bronchitis animal carcasses or parts of such
10 " x 20.15%
Sinusitis carcasses, including hides, hoofs, and
11 x 14.93%
Pulmonary TB
12 " x 10.45%
horns
Anthrax
13 x 6.72%
Cellulitis
14 x 3.74%
Conjunctivitis (Bacterial and Viral)
Norwalk Virus Hepatitis A*, Norwalk, Salmonella
To be paid in Phil ippine Currency equivalent at the exchange rate prevailing during the time of paymer
Salmonella

21 22
Leptospirosis
Malaria
h. Carbon monoxide All work involving exposure to the risk
Otitis Media
concerned
Tetanus
Viral Encephalitis
i. Chlorine All work involving exposure to the risk
concerned
Including other in f ections resu lting in
complications necessit ating
j. Chrome or its toxic compounds All work involving exposure to the risk
repatria tion .
concerned
7. Ionizing radiation disease, Exposure to x-rays, ionizing particles of
inflammation, ulceration or malignant radium or other radioactive substances k. Dinitrophenol or its homologue All work involving exposure to the risk
disease of the skin or subcutaneous or other forms of radiant energy concerned
tissues of the bones or leukemia, or
anemia of the aplastic type due to x- I. Halogen derivatives of All work involving exposure to the risk
rays , ionizing particle, radium or other hydrocarbon of the aliphatic concerned
radioactive substances series
a. Acute radiation syndrome Short dura tion of exposure to large rn . Lead or its toxic compounds All work involving exposure to the risk
doses of x-rays, gamma rays, alpha
concerned
rays and beta rays
n. Man ganese or its toxic All work involving exposure to the risk
b. Chronic radiation syndrome Chronic over-exposure to x-rays with a compounds concerned
long latent peri od affecting the skin,
blood and reproduc tive organ o . Mercury or its toxic compounds All work involving exposure to the risk
concerned
c. Glass Blower's cataract Among furnace men, glass blowers,
baker, blacksmith , foundry workers . p. Nitrous fumes All work involving exposure to th e risk
Th ese are wo rkers exposed to infrared concerned
ravs.
8. Poisoning and its sequelae q. Phosgene All work involving exposure to the risk
caused by:
concerned
a. Ammonia All work involving exposure to the risk
concerned r. Phosphorous or its toxic All work involving exposure to the risk
compounds concerned
b. Arsenic or its toxic compound All work involving exposure to the risk
concerned s. Sulfur dioxide All work involving exposure to th e risk
concerned
c. Benzene or its toxic homologues; All work involving exposure to the risk 9. Vascular disturbance in the upper Any occupation causing repeated
nitro and aminotoxic derivatives concerned extremities due to continuous vibration motions, vibrations and pressure of
from pneumatic tools or power drills, upper extremities
d . Beryllium or its toxic compounds All work involving exposure to the risk rivetin·Q machines or hammers
concerned 10. Vascular disturbance in the lower This is due to heavy straining upon the
extremities - varicocoele causing pain, lifting of heavy loads and prolonged
e. Brass, zinc or nickel All work involving exposure to the risk
varicose veins res ulting in standing
concerned
discoloration and ulceration. Any occupation requiring prolonged
standinq and liftina of heavy loads
f. Carbon dioxide All work involving exposure to the risk
11 . Cardia-vascular events - to include
concerned
heart attack, chest pain (angina), heart
failure or sudden death. Any of the
g. Carbon bisulfide All work involving exposure to the risk
following conditions must be met:
concerned

23 24
a. If the heart disease was known to
have been present during employment,
there must be proof that an acute
exacerbation was clearly precipitated
by an unusual strain by reasons of the
nature of his work
b. the strain of work that brings about
an acute attack must be sufficient
severity and must be followed within 24
hours by the clinical signs of a cardiac
insult to constitute causal relationship
c. If a person who was apparently
asymptomatic before being subjected
to strain at work showed signs and
symptoms of cardiac injury during the
performance of his work and such
symptoms and signs persisted, it is
reasonable to claim a causal
relationship
d. if a person is a known hypertensive
or diabetic, he should show compliance
with prescribed maintenance
medications and doctor-recommended
lifestyle changes. The employer shall
provide a workplace conducive for
such compliance in accordance w ith
Section 1(A) paragraph 5.
e. in a patient not known to have
hypertension or diabetes, as indicated
on his last PEME
12. Cerebro-vascular events
All of the following conditions must be
met:
a. If the heart disease was known to
have been present during employment,
there must be proof that an acute
exacerbation was clearly precipitated
by an unusual strain by reasons of the
nature
of his work
b. the strain of work that brings about
25
a. if a person who was apparently
asymptomatic before working showed
signs and symptoms of cardiac injury
d urin g the performance of his/her work
and such symptoms and signs
persisted, it is reasonable to claim a compliance in accordance with Section
causal relationship
b. if a person is a known hypertensive
or diabetic, he should show compliance
wi th prescribed maintenance
medications and doctor-recommended
lifestyle changes . The employer shall
provide a workp lace conducive for such
compliance in accordance with Section
1(A) paragraph 6.
c. in a patient not known to have
hypertension or diabetes as indicated
on his last PEME
a. if a person who was apparently
asymptomatic before working showed
signs and symptoms of cardiac injury
during the performance of his/her work
and such symptoms and signs
persisted, it is reasonable to claim a
causal relationship
b. if a person is a known hypertensive
an acute attack must be sufficient or diabetic, he should show compliance
severity and must be followed within 24 with prescribed maintenance
hours by the clinical signs of a cardiac medications and doctor-recommended
insult to constitute causal relationship lifestyle changes. The employer shall
provide a workplace conducive for such
1(A) paragraph 5.
c. If a person who was apparently c. in a patient not known to have
asymptomatic before being subjected hypertension or diabetes as indicated
to strain at work showed signs and on his last PEME
symptoms of cardiac injury during the
performance of his work and such
symptoms and signs persisted, it is
reasonable to claim a causal
relationship
d. if a person is a known hypertensive
or diabetic, he should show compliance
with prescribed maintenance
medications and doctor-recommended
lifestyle changes. The employer shall
provide a workplace conducive for
such compliance in accordance with
Section 1(A) paragraph 5.
e. in a patient not known to have
hypertension or diabetes , as indicated
on his last PEME
13. END ORGAN DAMAGE RESULTING
FROM UNCONTROLLED
HYPERTENSION
Impairment of function of the organs
such as kidneys , heart, eyes and brain
under the following conditions
considered compensable:
a. if a person is a known hypertensive a. if a person who was apparently
or diabetic, he should show compliance asymptomatic before working showed
with prescribed maintenance signs and symptoms of cardiac injury
medications and doctor-recommended during the performance of his/her work
lifestyle changes. The employer shall and such symptoms and signs
provide a workplace conducive for perSisted, it is reasonable to claim a
such compliance in accordance with causal relationship
Section 1(A) paragraph
b. In a patient not known to have b. if a person is a known hypertensive
hypertension has the following on or diabetic, he should show compliance
his last PEME: normal BP, normal with prescribed maintenance
CXR and ECGltreadmill medications and doctor-recommended
26
 lifestyle changes . The employer shall
provide a workplace conducive for such
compliance in accordance with Section
1(A) pa ragraph 6.
14. Cataract and pterygium Caused by prolonged exposure to uv
light or welding, wind abrasion and sea
breeze
15. Poisoning by cadmium Among workers in battery factories ,
who are exposed to cadmium fumes
16. Acute myeloid leukemia Secondary to prolonged benzene
exposure
17. Chronic lymphoc ytic leukemia Secondary to prolonged benzene
exposure
18. Vitreal hemorrhage and retinal Caused by th e strain upon lifting of
detachment heavy loads
19. Hernia . All of the following conditions must be met:
a. The hernia should be of recent origin;
b. Its appearance was accompanied by pain, discoloration and evidence of a
tearing of the tissues;
c. The disease was immediately preceded by undue or severe strain arising out of
and in the course of employment; a protrusion of mass should appear in the
area immediately following the alleged strain.
20. Bronchial Asthma - all of the following conditions must be met:
a. there is no evidence or history of asthma before employment
b. the allergen is present in the working conditions
c. sensitivity test to allergens in the working environment should yield pos itive
results
27
d. a provocative test should show positive results
21. Osteoarthritis. Any occupation involving:
a. Joint strain from carrying heavy loads, or unduly heavy physical labor, as
among laborers and mechanics;
b. Minor or major injuries to the joint;
c. Excessive use or constant strenuous usage of a particular jOint, as among
sportsmen, particularly those who have engaged in the more active sports
activities;
d. Extreme temperature changes (humidity, heat and cold exposures) and;
e. Faulty work posture or use of vibratory tools
22. Peptic Ulcer
Any occupation involving prolonged emotional or physical stress, as among
I professional people, transport workers and the like.
23. Viral hepatitis
In addition to working conditions already listed under Philippine Decree No. 626, as
amended, any occupation involving exposure to a source of infection through
ingestion of water, milk or other foods contaminated with hepatitis virus; provided
that the physician determining the causal relationship between the employment and
the illness should be able to indicate whether the disease of the afflicted worker
manifested itself while he was so employed, knowing the incubation period thereof.
24. Asbestosis. All of the following conditions must be met:
a. The seafarer must have been exposed to Asbestos dust in the work place, as
duly certified to by the employer, or by a medical institution, or competent
medical practitioner acceptable to or accredited by the System;
b. The chest X-ray report of the employee must show findings of asbestos or
asbestos-related disease, e.g. pleural plaques , pleural thickening, effusion,
neoplasm and interstitial fibrosis; and
c. In case of ailment is discovered after the seafarer's retiremenUseparation from
the company, the
claim must be filed with the System within three (3) years from discovery.
NOTE: Death or disability w hich is d irectly ca used by sexually t ransmitted disease
or arose from complicatiof"!s thereof s hall not be compensable nor shall be entitied
to the benefits provided in this Contract.
SECTION 33. TABLE OF OFFENSES AND CORRESPONDING ADMINISTRATIVE
PENALTIES
28
 A. Purs uant to Section 17 and 18 of the Contract, the disciplinary groun ds listed in to delisting
the Tabl e of Offenses and Adm inistrative Penalties hereunder or analogous acts
th ereto sh all be penalized ac cord ing to its gravity and frequency of f. misdeclaration of or st
1 Offense: Reprimand 1st Offense: One (1) year to
commission, imposed by the Master of the ship, Such offenses shall be failing to declare articles and warning two (2) years suspension
penalized as ind icated. leading to their seizure but 2nd Offense: Dismissal 2"" Offense: Two (2) years
ship not implicated and to pay cost of and one (1) day to three (3)
B. Comm issio n of a seafarer of any of the offenses enum erated in the Tab le of repatriation and cost of his years suspension
replacement 3rd Offense: Three (3) years
Offenses and Administrat ive Penalties hereunder o r of similar offenses s hall be
and one (1) day suspension
ground fo r d isciplinary admin is trati ve action at th e POEA where the fo llowi ng
to delisting
co rrespo ndin g penalty sh all be imposed .
g. possession of Dismissal and to pay 1" Offense: One (1) year to
c. Th e penalties for administrative actions by the Master an d/o r th e POEA
pornographic materials cost of repatriation and two (2) years suspension
prov ided herein shall be s eparate and distinct from wh atever appropriate
leading to its seizure and cost of his replacement 2"" Offense: Two (2) years
crim inal ac ti on th at may be filed against the seafarer.
. fine to ship and one (1) day suspension
to delisting
OFFENSES AGREED AGREED
ADMINISTRATIVE ADMINISTRATIVE h. possession of child Dismissal and to pay cost 1sl 0ffense: One (1) year to
PENALTIES PENALTIES pornography of repatriation and cost of two (2) years suspension
(IMPOSED BY THE (IMPOSED BY POEA AFTER materials leading to its his replacement 2"" Offense: Two (2) years
MASTER) DUE INVESTIGATION) seizure and fine to ship and one (1) day suspension
1. Smuggling or violation of to delisting
any custom rules and
regulations of the i. Any other violation
Philippines and of foreig n which will not implicate ship 1st Offense: Reprimand 1" Offense: One (1) year to
ports and warning two (2) years suspension
2nd Offense: Dism issal 2"" Offense: Two (2) years
a. smugg ling any taxable Dismissal and to pay 1st Offense One (1) year to and to pay cost of and one (1) day suspension
item cost of repatriation and two (2) years suspension repatri ation and cost of his to deli sti ng
cost of his replacement 2'" Offense Two (2) years replacement
and one (1) day suspension
to delisting j. Any other violation Dismissal and to pay 1st Offense: (3)Three years
b. possession or use of Dismissal and to pay cost which will implicate the s hip cost of repatri ation and suspension to delisting
prohibi ted drugs, narcotics of repatriation and cost of 1st Offense: Detisting cost of his repl acement
and other contraband his replacement 2. Desertion
51
c. gun.running or Dismissal and to pay 1 Offense: Delisting a. deserting or Dismi ssal and to pay 1s l 0ffense. Oelisting
possession of explosives cost of repatriation and attempting to desert cost of repatriation and
and the like cost of hIs replacement cost of his replacement
d. abetting or conn iving Dismissal and to pay cost b. advising , assisting or Dismissal and to pay 1st Offense: Five (5) years
with others to commit of repatriation and cost of 151 Offense: Two (2) years to persuading another to cost of repatriation and suspension to delisting
smuggling his replacement three (3) years suspension desert cost of his replacement
2'" Offense: Three (3) years
and one (1) day suspension
3. Absence without leave
to delisting
a. abandoning post or Dismissal and to pay 1sl 0 ffense: One (1) year to
e. misdeclara tion of or Dismissal and to pay cost 151 Offense: One (1) year to cost of repatriation and two (2) years suspension
duty without being
fa iling to declare articles of repatriation and cost of two (2) years suspension 2"" Offense: Two years (2)
properly relieved cost of his replacement
leading to their seizure and his replacement 2nd Offense: Two (2) years and one (1) day suspension
fine to ship and one (1) day suspension
to delistino

29 30

b. leaving the ship Dismissal and to pay 15t Offense: One (1) year to
without permission from cost of repatriation and two (2) years suspension
respons ible officers cost of his replacement 2"" Offense: Two years (2)
during working hours and one (1) day suspension
to delisting
c. Entrusting to others Master's discretion (grave 1st Offense: Six (6) months
assigned duties or less grave, depending to one (1) year suspension
without authority of on circumstances) from participation in the
department head overseas employment
program
2"" Offense: One (1)year and
one (1) day to two (2) years
suspension
3rd Offense. Two (2) years
and one (1) day suspension
to deli sting
d. Leaving the ship Master's discretion (grave 1st Offense Six (6) months
without permission or less grave. depending to one (1) year suspension
on circumstances) from participation in the
overseas employment
program
2"" Offense: One (1)year and
one (1) day to two (2) years
suspension
3rd Offense: Two (2) years
and one (1) day suspension
to delislinq
4. Sleeping on post wh il e on Dismissal and to pay l ' Offense. One (1) year to
duty cost of repatriation and two (2) years suspension
cost of his replacement 2nd Offense: Two (2) years
and one day suspension to
delistinq
5. Insubordination
a. any act of Dismissal and to pay 1" Offense: One (1) year to
disobedience to lawful cost of repa tri ation and two (2) years suspension
orders of a superior cost of his replacement 2"" Offense: Two (2) years
officer and one day suspension to
deli sting
b. attempting to assault Dismissal and to pay 1st Offense: Six (6) months to
a superior officer cost of repatri'ation and one (1) year su spension from
cost of his replacement participation in the overseas
employment program
200 Offense: One (1) year
and one (1) day to two (2)
years suspension
3" Offense: Two (2) years
31
and one (1) day suspension
to delisting from the POEA
Registry
c , assaulting a superior Dismissal and to pay cost 1sl Offense: One (1) year to
officer/other persons on of repatriation and cost of two (2) years suspension
business with the ship his replacement Offense: Two (2) years
without the use of deadly and one (1) day suspension
weapon to delisting
d. assaulting a superior Dismissal and to pay 1sl 0 ffense: Delisting
officer/other persons cost of repatriation and
on business with the cost of his re pla cement
ship with the use of
deadly weapon
e. behaving with Dismissal and to pay 1" Offense: Six (6) months to
disrespect towards a cost of repatriation and one (1) year suspension
superior officer cost of his replacement 2"" Offense: One (1) year
and one (1) day to three (3)
years suspension
3rd Offense: Three (3) years
and one (1) day suspension
to delisting
f. insulting a superior Dismissal and to pay 1SI Offense: Six (6) months to
officer by words or deed cost of repatriati on and one (1) year suspension
cost of his replacement 2"" Offense: One (1) year
and one (1) day to three (3)
years suspension
3" Offense: Three (3) years
and one (1) day suspension
to delisting
g. inciting another to Dismissal and to pay 1" Offense: Six (6) months to
commit insubordination cost of repatriation and one (1) year suspension
cost of his replacement 2"" Offense One (1) year
and one (1) day to three (3)
years suspension
3rd Offense: Three (3) years
and one (1) day suspension
to delistina
6. Drunkenness
a. drunk while on duty Dismissal and to pay 1" Offense: Two (2) years to
cost of repatriation and three (3) years suspension
cost of his repla cement 2nd Offense: Two (2) years
and one (1) day suspension
to delisting
b. creating trouble on 1st Offense: ReDrim and 1" Offense: Six (6) months to
32
board due to intoxication and warning
2nd Offense: Dismissal
and to pay cost of
repatriation and cost of his
replacement
one (1) year suspension
2"" Offense: One (1) year
and one (1) day to three
years suspension
3'" Offense: Three (3) years
and one (1) day suspension
sh ips property , o f crews of repatriation and cost of l' Offense: One (1) year to
or p assengers or oth er his replacement two (2) years suspension
pers ons with busines s at 2"" Offense: Two (2) years
the ship. and one ( 1) day suspension
to
delisting

to deli sting c. embezzlement of Dismissal and to pay cost

company funds of repatriation and cost of 1" Offense: One (1) year to
c. failure to perform 1st Offense: Reprimand 1st Offense: Six (6) months to his replacement two (2) years suspension
and warning one (1) year suspension
assigned jobs due to
intoxication
nd
2 Offense: Dismissal Offense: One (1) year • 2'" Offense: Two (2) years
and one (1) day suspension
and to pay cost of and one (1) day to three
to delisting
repatriati on and cost of his yea rs suspension
re pl acement 3'" Offense Three (3) years d . unauthorized Dismissal and to pay
and one (1) day suspension disposal of company cost of repatriation and 1" Offense: One (1) year to
to delistino ship 's properties for cost of his replacement two (2) years suspension
7. C reating trouble outside 1s Offense: Reprimand 1 S Offense: Six (6) months to personal gain
2'" Offense: Two (2) years
the ship's prem ises and warning one (1) year suspension
and one (1) day suspension
2nd Offense: Dismissal 2"" Offense: One (1) year
e. any act of dishonesty to delisting
and to pay cost of and one (1) day to three
repatriation and cost of his years suspension with intention to defraud the Dismissal and to pay cost
replacement 3'" Offense: Three (3) years company of repatriation and cost of 1" Offense: One (1) year to
and one ( 1) day suspension his replacement two (2) years suspension
to delistino 2"" Offense: Two (2) years
8. Gambling and one (1) day suspension
to delisting
st
a . whi ch results in Dismissal and to pay cost 1 Offense: One (1) year to
fighting or any incident of repatriation and cost of two (2) years suspension f. gross negligen ce and Dismissal and to pay cost
as to upset the his replacement 2"" Offense: Two (2) years fa ilure to observe proper of repatnation and cost of 1st Offense: One (1) year to
harmonious relationship and one (1) day suspension storage and cargo handli ng his replacement two (2) years suspension
on board the sh ip to delisting procedures resulting in
delay of ships and/or 2"" Offense: Two (2) years
damage to cargoes and one (1) day suspension
b. any other form of Master's discretion (grave 1" Offense: Six (6) months to
to delisting
gambling which is not or less grave , depending one (1) year suspension
purely recreational on circumstances) 2"" Offense: One (1) year
and one (1) day to three g. failure to observe and Master's discretion (grave
comply with regulation and or less grave, depending 1" Offense: Six (6) months to
years suspension one (1) year suspension from
3'" Offense: Three (3) years non-baggage shipmen t and on circumstances)
acceptance of parcels on participation in the overseas
and one ( 1) day suspension employment program
to delistinq board
2'" Offense: One (1) year
9. Violation of company
policies and regulations for:
and one (1) day to two (2)
years suspenSion
a. pilferage or theft of Dism issal and to pay cost 1" Offense: One (1) year to 3'" Offense: Two(2) years
ship's sto re or cargo of repatriation and cost of two (2) years suspension and one (1) day suspension
his re placement 2"" Offense: Two (2) years to delisting
h. failure to observe
and one (1) day suspension regulation s on expi ration of 1st Offense: Reprimand
to delisting shore liberty and warning 1st Offense Six (6) months to
2r'ld Offense: Dismissal one (1) year suspension from
and to pay cost of I participation in the overseas
b. pilleraqe or theft of Dismissal and to pay cost
33 34

i. being left behind by
ship in foreign port without
justifiable reason
j. disorderly conduct
and/or disrespect towards
passengers o r other
persons
k. for immorality so as to
cast aspersion on the good
name of the ship and
company
I. infl icting harm or injury
to others
10. Incompetence and
inefficiency
11 . Inciting mutiny,
malicious destruction of
ship's prooertv at any
repatriation and cost of his
replacement
Dismissal and to pay cost
of repatriation and cost of
replacement
Dismissal and to pay cost
of repatri ati on and cost of
replacement
Dismissal and to pay cost
of repatriation and cost of
replacement
Dismiss al and to pay cost
of repatriation and cost of
his replacement
Dismissal and to pay cost
of repatriation and cost of
his replacement
Dismissal and to pay cost
of repa triation and cost of
his reolacement
35
employment program
2"" Offense: One (1) year
and one (1) day to two (2)
years suspension
3" Offense. Two(2) years
and one (1) day suspension
to deli sting
1st Offense: Six (6) months to
one (1) year suspension from
participation in the overseas
employment program
2"" Offense: One (1) year
and one (1) day to two (2)
years suspension
3rd Offense: Two(2) years
and one (1) day suspension
to deli sting
1" Offense: One (1) year to
two (2) years suspension
2"" Offense: Two (2) years
and one (1) day suspension
to delisting
1st Offense: One (1) year to
two (2) years suspension
2"" Offense: Two (2) years
and one (1) day suspension
to delisting
1st Offense: One (1) year to
two (2) years suspension
2'ld Offense: Two (2) years
and one (1) day suspension
to delisting
l ' Offense: Two (2) years to
three (3) years suspension
2"" Offense: Three (3) years
and one (2) day suspension
to delistma
l ' Offense Two (2) years to
three (3) years suspensIon
2"" Offense: Three (3) years
activity whi ch will hamper
the efficient operation of the
ship
12. Concerted action to
breach approved con tracts
13. Any activity which tends
to destroy harmonious
relationsh ip of the company
14. Grave abuse of
authority
a. grave abuse of
authority (with the use of
deadly weapon) resulting in
harm or inj ury to
subord inate
b. grave abuse of
authority (without the use of
deadly weapon) resu lting in
harm or injury to
subordinate
d. any other case of abuse
of authority
15. For gross misbehavior
prejudicial
to good order and
discipline
16. Causing through
neglect, damage loss,
spoi lage or deterioration of
ship's stocks and property
17. Connivance with or
cuddling of stowaway
Dismiss al and to pay cost
of repatri ati on and cost of
his replacement
Dismissal and to pay cost
of repatriation and cost of
his replacement
Dismissal and to pay cost
of repatriation and cost of
his replacement
Dismissal and to pay cost
of repatriation and cost of
his replacement
Master's discretion (grave
or less grave, depending
on circumstances)
1$ offense: Reprimand
and warning
2nd offense: Dismissal and
to pay cost of repatriation
and cost of his
rep lacement
Master's discretion (grave
or less grave, depending
on circumstances)
Dismissal and to pay cost
of repatriation and cost of
his replacement
36
and one (2) day suspension
to delisting
1" Offense: Two (2) years to
three (3) years suspension
t"ld Offense: Three (3) years
and one (2) day suspension
to delisting
l ' Offense: One (1) year to
two (2) years suspension
Offense: Two (2) years
and one (1) day suspension
to delisting
Delisting from POEA registry
15t Offense: Two 92) years to
three (3) years suspension
2"" Offense: Two (2) years
and one (1) day suspension
to delisting
1" Offense: One (1) year to
two (2) years suspension
2"" Offense: Two (2) years
and one (1) day to three (3)
years suspension
3rd Offense: Three (3) years
and one (1) day suspension
to delistinQ
l ' Offense: One (1) year to
two (2) years suspension
t"ld Offense: Two (2) years
and one (1) day suspension
to delisting
l' Offense: One (1) year to
two (2) years suspension
2"" Offense: Two (2) years
and one (1) day suspension
to delisting
l ' Offense: One (1) year to
two (2) years suspension
2nd Offense: Two (2) years

18. Willfully making false
statement, re ports ,
certification or documents
for personal gain or with
intent to mislead or defraud
the company or authorities
19. Any other case as to
cast aspersion on the good
name of the company and
ship
20 . Violation to observe
safety and environmental
rules/ regulations
21 . Failure to observe the
drug and alcohol policy of
the company
This contract is pursuant to Governing Board Resolution No. 09 and POEA M emorandum
C ircular No. both series of 2010 .
Dismissal and to pay cost
of repatriation and cost of
his replace ment
Maste r's di scretion (g rave
or less grave , depending
on circumsta nces)
Ma ster's discretion (grave
or less grave , depending
on circu mstances)
Dismissal and to pay cost
of repatria ti on and cost of
his replacement
37
- -
and one (1) day suspension
to delisting
1" Offense: One (1) year to
two (2) years suspension
2"" Offense: Two (2) years
and one (1) day suspension
to delisting
1" Offense: One (1) year to
two (2) years suspension
2"" Offense: Two (2) years
and one (1) day suspension
to delisting
l ' Offense: One (1) year to
two (2) years suspension
2nd O ffense · Two (2) years
and one (1) day suspension
to dell sting
s
1 Offense One (1) year to
two (2) years sus pension
2"" Offense· Two (2) years
and one (1) day suspensIOn
to delisti ng
Revised National Conciliation and Mediation
Board Manual of Procedures for Conciliation
and Preventive Mediation Cases 2017 Edition