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HUMANITIES 2- ETHICS

WORK ETHICS

Work is the legitimate use of our mental and physical or bodily powers to accomplish a task and to have
economic gain or profit. Nobody can own another person’s body, nor can anyone sell his body, or any of its part or
function. We say “legitimate use” because not every activity which provides income is not work in the moral and
legal sense. Thus, stealing is not work; neither prostitution since it debases the human body and dignity. Work is
compensated. Such compensation is based on justice and takes the form of a wage or salary. Any form of
slavery or forced labor is immoral.

The Right to Work

Working is both a right and a duty. Working is the means by which man can preserve his life. Man has
basic needs which must be satisfied in order for him to survive.

The Duty to Work

Work aims to promote life. It is a natural duty since every person is endowed with bodily and mental
powers that he may take care of himself and not become a burden to others. This obligation is a greater
responsibility when one becomes the head of a family. According to Pope XIII, “… It is a most sacred law of nature
that a father must provide food and all necessities for those whom he has begotten; and similarly, nature dictates
that man’s children, who carry one, as it were, and continue his personality, should keep themselves from want
and misery in the uncertainties of this mortal life.”

Laziness is evil. According to the Bible, a man who is habitually lazy does not deserve to eat or to be fed.
Andres Bonifacio states that the work which sustains you is the basis of love_ love for oneself, love for the wife
and children, and love for brothers and countrymen”.

Capital and Labor

Capital refers to the owner or investors of an industry. Labor refers to the hired workers employed by the
industry. Capital and labor compliment each other. Unfortunately, their relationship is often strained. The Labor
Code of the Philippines defines the relationship between capital and labor but no amount of legislation can truly
harmonize men, unless everyone submits to the concept of justice and acts accordingly.

The Question of Wage

How much labor should be paid and how much capital is willing to pay is often the bone of contention. It
is claimed that the wages are fixed by mutual agreement between capital and labor. In practice, however, mutual
agreement is the dictate of capital or management, offered to workers on “take it or leave it” basis. In the
Philippines, the determination of the minimum wage is the responsibility of National Wage Board and the Regional
Tripartite Wage Group. The aim is to establish a system of standards that would assure wages as fair and
equitable to both capital and labor.

The Family Wage

Long before, the Catholic Bishops of the Philippines proposed that a family wage is one which
commensurates to the needs of a modest average family. It was stated in a Pastoral Letter on Social Justice that
“a family wage is a wage that will supply them with the minimum human standard of living, a wage that will enable
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a man to provide a sufficiency of decent food and clothing for himself and his family, a decent home, security for
sickness and old age, and the means and leisure for moderate and wholesome recreation.”

PROFESSIONAL ETHICS

Professional ethics is defined as the personal and corporate rules that govern behavior within the context
of a particular profession. It is a set of ethical rules that govern one’s moral obligations in his profession.
(http://www.businessdictionary.com). It is also defined as the professionally accepted standards of personal and
business behavior, values and guiding principles. Codes of professional ethics are often established by
professional organizations to help guide members in performing their job functions according to sound and
consistent ethical principles (http://careerplanning.about.com/od/workplacesurvival/a/professionalism.htm, retrieved.
September 30, 2014).

Professionalism

Professionalism is defined as one's conduct at work. In spite of the word's root, this quality is not
restricted to those in occupations we describe as "professions," typically those which require a high level of
education and have high earnings. Cashiers, janitors and waiters can demonstrate a high level of this trait, just as
marine officers, doctors, lawyers or engineers can display a low level of it, and vice versa.

As with good health, the absence of professionalism is usually more obvious than its presence. Your
boss, as well as your customers and co-workers will notice whether you have this quality or none. It can affect your
ability to keep your job and advance in your career.

Dos and Don'ts to Exhibit Professionalism

Make Being on Time a Priority: Showing up late for work or meetings gives the impression that you don't care
about your job so make sure you pay attention to the clock. Not only does this go for start times, but this tip also
applies to returning from your lunch break.

Don't Be a Grump: Leave your bad mood at the door when you come to work. We all have days when we aren't
feeling our best. Remember not to take it out on your boss, your co-workers and especially your customers. If work
is what's causing you to be grumpy, it may be time to think about quitting your job. If that isn't a good option for
you, make the best of the situation until it is.

Dress Appropriately: For many jobs, workplace attire doesn't include wearing a suit and tie. Whether or not you
have to dress up for work or you can wear more casual clothes, your appearance should always be neat and
clean. A wrinkled suit looks no better than a ripped pair of jeans. Wear the type of clothing your employer or the
nature of your work requires. Wear it because it is the norm for your place of employment.

Watch Your Mouth: Swearing, cursing or cussing—whatever you call it—has no place at work, particularly if those
who might be offended by it are present. If you wouldn't say it to your grandmother, refrain from saying it at work.
Using bad language makes it seem as if your vocabulary is limited.

Offer to Help Colleagues: A true professional is willing to help his or her co-workers when they are overburdened.
He or she isn't afraid to share knowledge, opinion or simply an extra pair of hands. One person's success reflects
well on everyone in his or her workplace.

Don't Gossip: While you may be tempted to tell your cubicle neighbors what you heard about Suzy or Sam down in
accounting, gossiping makes you look like a middle school student. If you know something that simply must be
shared, tell someone who has nothing to do with your workplace, like your sister, brother or best friend.
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Try to Stay Positive: Negativity at work brings everyone down and your boss will certainly not appreciate a drop in
morale among his or her employees. Instead, if you think something can be improved, try to do something to make
that happen.

Don't Hide From Your Mistakes: As hard as it may be, take ownership of your errors and do your best to correct
them and make sure you don't make the same one twice. Never blame others, but set an example for those who
were also responsible to do as you've done.

Always Fight Fair: It is inevitable that you will occasionally have disagreements with your co-workers, or even your
boss. You may think that something should be done one way, while someone else will believe it should be done
another. Don't let yourself lose control. No matter how upset you are or how strongly you believe you are right,
screaming isn't allowed, nor is name calling or door slamming. And, it should go without saying that physical
attacks should always be avoided, no matter what. Calmly explain your opinion and be ready to walk away if the
other person can't be swayed or if he or she begins to lose control.

Don't Lie: Dishonesty never makes anyone look good, whether it's lying on one's resume or calling as if sick. A
true professional is upfront, so if you aren't qualified for the job, either don't apply for it or send in your application
anyway and explain why you'd be perfect for the job in spite of it. As for lying about being sick, if you need a day
off, take a personal or vacation day.

Don't Air Your Dirty Laundry: While confiding in a close friend at work is usually okay, sharing too much
information with the entire office isn't. Be judicious about whom you talk to, particularly when it comes to
discussing problems with your spouse or other family members. If you do decide to share personal information
with your co-workers, make sure to do it away from where customers and clients can overhear you.

CODE OF ETHICS FOR FILIPINO MARINE OFFICERS

ARTICLE I
General Education

SECTION 1. A marine officer shall mean any person who holds a certificate as a deck officer and/ or as a marine
engineer of any grade.
SECTION 2. A marine officer shall be covered by this code even if he is under suspension, but his status as a marine
officer shall cease if his license has been revoked for any cause.
SECTION 3. A marine officer is said to have performed an act unethical to the profession if such action or actions are
contrary to the established conduct henceforth mentioned.

For the marine profession to progress and remain as an orderly and dignified profession, and to further
maintain its fruitful standard of practice for the interest of the nation and general public, these rules of professional
conduct are hereby formulated and adopted as guidance for all its practitioners.

ARTICLE II
Duty to the Profession

SECTION 1. A marine officer shall strive to elevate, maintain and contribute to the honor and dignity of the profession .
SECTION 2. He shall conduct himself with the traditional decorum of an officer and a gentleman, restraining himself
from all acts contrary to the established rules of morality and personal discipline.
SECTION 3.He shall continually improve his professional competency by keeping up to date with the latest
technological and scientific knowledge being applied in the marine fields.
SECTION 4.It shall be his obligation to keep himself in readiness for the next higher license by constant reading
diligent studies and keen observation of the shipboard activities.
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SECTION 5. He shall make financial gain secondary only to the service that the entire profession can render to the
economic growth of the country.
SECTION 6. A marine officer shall not hesitate to consult his fellow marine officers in matters that will affect the
honor and integrity of the marine profession.
SECTION 7. He shall expose, without fear or favor, to the proper authorities of the profession, corrupt or dishonest
conduct of members of the profession, whose existing practices can degrade the reputation of other
practitioners.
SECTION 8. Every marine officer should aid in safeguarding the profession against the admission to its ranks
persons who are unfit or unqualified in moral character or professional training.

ARTICLE III
Duty to the State

SECTION 1. A marine officer, in his capacity as a person of high technical potentialities and delegated with
leadership for the discipline of his men shall recognize and respect the supreme authority of the state.
SECTION 2. A marine officer shall strive to become an exemplary citizen by devoted or fruitful fulfillment of his civic
duties.
SECTION 3.He shall perform his professional duties in conformity with existing laws.
SECTION 4. He shall endeavor to assist and cooperate with the proper authorities in the enforcement of maritime
and custom laws and regulations.
SECTION 5. He shall offer to the state his full knowledge, experience and material possession in time of national
emergency.

ARTICLE IV
Duty to the Public
SECTION 1. Every marine officer shall compose himself as an officer and a gentleman, and to act honorably when
dealing with the general public.
SECTION 2. He should be concerned foremost with the safety of every man, woman and the child who boards his
ship as a passenger by following all safety measures prescribed for shipboard use.
SECTION 3. He shall contribute his professional knowledge for the general welfare and comfort of the riding public to
gain their respect and confidence.
SECTION 4. He shall above all, continually consider the preservation of life, health and property, even at the risk of
his own life, to enhance the sense of public interest, that is, an integral obligation of the profession.

ARTICLE V
Duty to a Superior
SECTION 1. Marine officers in a subordinate capacity shall always render the traditional respect to a superior officer.
SECTION 2. Subordinates shall render the necessary assistance if possible above and beyond the call of duty, so
that their superiors, or the entire organization can be assured of a successful operation or undertaking
duly assigned to them.
SECTION 3. A subordinate shall strive to gain the confidence and respect of his superior through prompt and efficient
performance of his assigned duties.
SECTION 4. A marine officer shall promptly and efficiently follow and obey all lawful orders of his superior without
questioning his integrity.
SECTION 5. A subordinate should always remember that he can only give recommendation to his superior and must
give proper assistance within or beyond his specific duties.
SECTION 6. A subordinate should always remember the command of responsibility of a superior and must give the
proper assistance within or beyond his specific duties.
SECTION 7. A subordinate should never openly criticize the actuation of his superior with other subordinate officers
more particularly with unlicensed personnel.
SECTION 8. In the event of inquiries he should only state actual facts but never his opinion as to whether his
superior is right or wrong.
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ARTICLE VI
Duty to Subordinate
SECTION 1. A superior officer shall always conduct himself with the proper decorum in his acts or deeds and thought
to set an example for his subordinate befitting his rank or designation.
SECTION 2. He should give the necessary training, guidance and opportunities for the improvement of his
subordinate’s competency and especially to overcome his shortcoming demanded by his license as a
marine officer.
SECTION 3.He should continually mold the character of his subordinates to impress the importance of command
responsibility.
SECTION 4. He should give merits unselfishly when due, to inspire his subordinates to achieve greater results.
SECTION 5. He should not hesitate to listen to advices of his subordinates but to exercise discretion before
implementation.
SECTION 6. He should not hesitate to admit errors in his decision when it is obvious, but it must be done within the
circle of his staff.

ARTICLE VII
Duty to His Fellow Practitioner

SECTION 1. Every marine officer should work together in mutual cooperative and harmonious relationship by sharing
individual knowledge for professional advancement.
SECTION 2. He should associate with his colleagues in any reputable and recognized marine society to further
broaden his knowledge.
SECTION 3. He should never attempt to issue statement to the general public concerning the shortcomings of his
fellow officer.
SECTION 4. The following specified acts of a marine officer shall be deemed to be unethical as a breach of
professional ethics, subject to immediate disciplinary action.
(a) Open criticism of a fellow officer without the knowledge of the other
(b) Spreading false information on the professional competency and ability of other practitioner
(c) Degrading a colleague in order to acquire his position
(d) False recommendation on the competency of another officer
(e) Maliciously withholding information or knowledge to place others in a controversial situation.
(f) Tending to accept a position lower than his highest license to displace another applying for the same
(g) Exerting political influence to displace a co-marine officer
(h) Certifying that he can work better or could render service more satisfactorily than another
(i) Openly expressing that he holds exclusive methods of practice or style of service

ARTICLE VIII
Violation and Effectivity

SECTION 1.Non-compliance with any of the provision of this code shall be deemed sufficient grounds for proceeding
against a marine officer which may lead to suspension or revocation of his license or licenses.
SECTION 2. This Code of Ethics shall take effect upon approval hereof by the President of the Republic of the
Philippines.

(Approved for adoption October 17, 1967 by the Lipunan ng mga Mangangalakal Pandagatan ng Pilipinas, Inc.)

Maritime Labour Convention (MLC)

The Maritime Labour Convention (MLC) is an International Labour Organization convention established in 2006 as
the fourth pillar of international maritime law and embodies "all up-to-date standards of existing international maritime labour
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Conventions and Recommendations, as well as the fundamental principles to be found in other international labour
Conventions”. The other "pillars are the SOLAS, STCW and MARPOL.

GUIDELINES ON THE APPLICATION OF THE

I L O MARITIME LABOUR CONVENTION

A3 RIGHTS

3. 1 FUNDAMENTAL RIGHTS
According to the Webster's New World Law Dictionary (2010), a fundamental right is a basic or foundational
right, derived from natural law. It a right deemed by the Supreme Court to receive the highest level of
Constitutional protection against government interference

Certain fundamental rights are given particular prominence in the ILO Maritime Labour Convention.

3.1.1. Freedom of Association

Freedom of Association means that seafarers should have the right to join a properly representative local
union of their choice. However, the decision of seafarers whether or not to join such union should be respected.
Employers should respect the right of unions to manage their affairs and pursue lawful activities and join or affiliate
to union organizations or confederations without interference. (The same principle applies with regard to seafarers’
unions respecting an employer’s rights to do likewise.)

3.1.2. Collective Bargaining

The regulation of terms of seafarers’ conditions of employment by collective agreements should be
promoted through voluntary negotiations between employers and unions.

In establishing Collective Bargaining Agreements, employers should ensure that procedures are
incorporated to resolve any disputes that might arise from the negotiations, and to make sure that neither party
resorts to industrial action to resolve a dispute unless these procedures are exhausted.

Employers will clearly wish to ensure that no union embarks upon strikes, boycotts, or others forms of
industrial action directed at particular ships or companies, unless the action is supported by the seafarers that are
affected by it and the union or unions that represent the seafarer.

3.1.3 Protection from Discrimination and Abuse

Discrimination on the basis of race, color, nationality, religious affiliation or gender must never be used to
determine the terms and conditions of employment. However, it is an accepted principle that terms and conditions
of employment, including wages, may take due account of industrial relations practices and the cost of living in the
seafarer’s country of residence.

Any physical, social or mental abuse, whether caused by discrimination on the basis of race, color,
religious affiliation or gender- or simply because one person takes a dislike to another and pursues that dislike
actively and in manner which causes distress to the other person- should be prevented.

3.2 SEAFARER’S RIGHTS

The International Labor Organization Maritime Labor Convention (ILO MLC) places a strong emphasis
on other seafarers’ rights and requires states to implement fully the following principles:
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a. Every seafarer has the right to a safe and secured workplace that complies with safety standards;
b. Every seafarer has a right to fair terms of employment;
c. Every seafarer has a right to decent work and living conditions on board ship; and
d. Every seafarer has a right to health protection, medical care, welfare measures and other forms of social
protection.

Section B of the Guidelines on the Application of ILO MLC shows the details how to comply with these
principles:

SECTON B. MLC LABOUR STANDARDS incorporated in the REGULATIONS AND CODE

B1 MINIMUM REQUIREMENTS FOR SEAFARERS TO WORK ON A SHIP

Title 1 of the Convention places obligations on shipowners at the beginning of their relationship with the seafarers.

MLC Regulation 1.1 MINIMUM AGE

-to ensure that no underage persons work on a ship
When considering a seafarer for employment, the MLC requires that shipowners must not:
 Employ anyone under the age of 16; or
 Employ anyone under the age of 18 in night work, or where health or safety is jeopardized
“Night” will be defined by national regulations but is defined by MLC as being any period of at least 9 hours
starting not later than midnight finishing after 0500H.

An exception to strict compliance with the night work restriction may be made by competent authority when:
 The effective training of the seafarers concerned, in accordance with establishes programs and schedules, would
be impaired; or
 The specific nature of the duty or a recognized training programme requires that the seafarers covered by the
exception perform duties at night and authority determines, after consultation with the shipowners’ and seafarers’
organizations concerned, that the work will not be detrimental to their health of well-being.

MLC Reg. 1. 2 MEDICAL CERTIFICATE

– to ensure that all seafarers are medically fit to work at sea

The MLC requires that shipowners must only employ seafarer certified by the competent authority
(usually in their country of residence) as being medically fit for their duties.

This means that all seafarers will need to pass a medical examination performed by a qualified and
independent medical doctor, and be issued with a medical certificate before they are first engaged by a company
for duty.

At the time of issue, the medical certificate must be valid for a maximum of two years (except for color
vision certificates which will be valid for a maximum of six years). Seafarers under 18 years of age must only be
issued with medical certificates valid for 1 year.

In urgent cases, it will be possible to work without a valid medical certificate until the next port of call,
provided a certificate is held that has only expired within the previous 3 months. A certificate valid for no more than
3 months, must then be issued in the port by a medical practitioner following an examination.

Seafarers who are refused a medical certificate are entitled to request a further examination by another
independent medical practitioner or referee.

MLC Reg. 1.3 TRAINING AND QUALIFICATIONS

- to ensure that seafarers are trained and qualified to carry out their duties on board ship
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The MLC states that shipowners must ensure that any seafarers they employ are trained and certified as
being competent to perform their duties. Shipowners must ensure that all seafarers have successfully completed
applicable training for personal safety on board ship in compliance with IMO Convention on STCW, as amended in
2010.

The STCW Convention sets out detailed requirements for the training and certification of officers and
ratings in the deck and engine departments as well as basic training including personal safety which must be
undertaken by seafarers ‘with designated safety and pollution responsibilities’.

MLC Reg. 1.4 RECRUITMENT AND PLACEMENT

- to ensure that seafarers have access to an efficient and well-regulated employment system

Many shipowners are directly responsible for the recruitment and employment of the seafarers that serve
on their ships. But in many cases these responsibilities may be undertaken by third parties such as ship
managers and crew managers. In addition, when recruiting seafarers both owners and managers may use the
service of commercial manning agents, government run recruitment services or sometimes trade unions.

Shipowner Obligations. NO fees or other charges for seafarer recruitment, placement for providing
employment should be borne directly or indirectly by the seafarer. The only exception is the cost for obtaining a
medical certificate, national seafarer’s book, or a passport or similar personal travel document (although the cost
of visas must be borne by the shipowner).

The MLC implies that a shipowner should only use recruitment and placement services which are
licensed in the ILO Member States where they are based and which:
- Maintain an up-to-date register of all seafarers recruited and placement services through them, which must be
available for inspection by the competent authority.

- Make sure that seafarers are informed of their rights and duties under their employment agreements prior to or
in the process of engagement;

- Have proper arrangements for seafarers to examine their employment agreements before and after signature,
and for the seafarers to receive copies of the agreements;

- Verify that seafarers recruited or placed by them are qualified and old the documents necessary for the job
concerned;

- Check that each seafarer’s employment agreement is in accordance with applicable laws and regulations and
any collective bargaining agreement that forms part of the employment agreement;

- Make sure, as far as practicable, that the shipowner has the means to protect seafarers from being stranded in
a foreign port;

- Examine and respond to any complaint concerning their activities and advise the competent authority of any
unresolved complaint; and

- Establish a system of protection, by way of insurance or an equivalent appropriate measure, to compensate

seafarers for monetary loss which may be incurred as a result of the failure of recruitment and placement
service (or the relevant shipowner under the seafarers’ employment agreements) to meet its obligations to the
seafarers.

1.4.2 General principles. With due regard to the need for privacy and confidentiality, full and complete
records should be maintained for all seafarers who are employees. Such record should include
- The seafarers qualifications (including certificate numbers, date of issue, issuing authority, training
and experience and competence in assigned duties);
- Record of employment;
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- Personal details (including home address, next of kin, date of birth, etc.;
- Medical details (including date of last medical examination,, details of vaccinations etc; and
- Service record (including Master’s reports and details of any disciplinary cases).

1.4.3 Oversight of third Party Recruitment Services. The MLC states that the flag states must require
shipping companies that use third party recruitment services in nations that have not ratified the Convention to
ensure that such services meet relevant MLC standards. Flag state and port state control inspectors may require
to see documentation that establishes this.

The recruitment service should allow full and complete access to the business premises by employers
(and by government officials) to inspect procedures for the engagement and selection of seafarers, and to ensure
compliance with the above conditions.

B2 CONDITIONS OF EMPLOYMENT

MLC Reg. 2.1 SEAFARERS EMPLOYMENT AGREEMENTS

-to ensure that seafarers have a fair employment agreement

2.1.1 Shipowner Obligation

Apart from the moral obligation of employers, unions and seafarers to honor the contracts which they
enter into, national law invariably requires strict observance of the contract and failure to do so can lead to serious
penalties being imposed.

The MLC requires that shipowners must:

 Ensure that the terms and conditions of seafarer’s employment are set out in a clear, written, legally
enforceable agreement. It must be compatible with the Convention, particularly as regards the provision
of living and working conditions
 Allow seafarers the opportunity to review and seek advise on the terms and conditions , and to freely
accept or reject them as appropriate (before signing the agreement);
 Ensure that the agreement is signed by both the seafarer and the shipowner, and that each party has a
signed original. A copy of agreement together with relevant required accompanying information must also
be available on board to the seafarer and to government appointed inspectors;
 Hold copies of collective bargaining agreements on board if they form part of the seafarer’s employment
agreement and ensue that there are in English. Where the main agreement is in another language (as
may sometimes be required by national law) an English translation must be available; and give all
seafarers a document recording their employment

The MLC also requires that the employment agreement must include:
 The seafarer’s full name, date of birth or age, and birthplace
 The shipowners name and address;
 The place where and the date when seafarer’s employment agreement is entered into;
 The capacity in which the seafarer is to be employed;
 The amount of the seafarer’s wages or, where applicable, the formula used for their calculation;
 The amount of paid annual leave or, where applicable, the formula used for calculation;
 The termination of the agreement and the associated conditions, including:
- if the agreement has been made for an indefinite period, the conditions entitling either party to
terminate, as well as the required notice period, which must not be less for the shipowner than for the
seafarer;
- if the agreement is for a definite period, the date fixed for its expiry; or
- if the agreement is made for a voyage, the port or destination and the time which has to expire
after arrival before the seafarer should be discharged;

 The health and social security protection benefits to be provided to the seafarer by the shipowner;
 The seafarer’s entitlement to repatriation;
 Reference to the collective bargaining agreement, if applicable; and
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 Any other particulars required by national law.

MLC Reg. 2.2 WAGES

- to ensure that seafarers are paid for their services

The MLC requires that shipowners must

 ensure that all seafarers are paid regularly, at least monthly, and in full accordance with the
terms of their employment contract or collective agreement, if applicable;
 give monthly account of wages, showing the amounts paid and any currency exchange rates
used; and
 enable seafarers to choose to allot a proportion of their wages for regular, prompt and direct
remittance to family members at home. (Shipowners may make a reasonable charge for this
service.)

2.2.1 Definitions for Calculation of Wages

Able Seafarer means any seafarer deemed competent to perform any duty which may be required of a
rating serving in the deck department, other than duties of supervisory or specialist rating, or who is
defined as such by national laws, regulations or practice, or by collective agreement (in practice they will
be qualified as Able Seafarer (Deck) under the STCW Convention)

Basic pay or wages means the pay, however composed, for normal hours of work; it does not include
payments for overtime worked, bonuses, allowances, paid leave or any other additional remuneration;

Consolidated wage means a wage or salary which includes basic pay and other pay related benefits; it
may include compensation for all overtime hours which are worked and all other pay related benefits, or it
may include only certain benefits in a partial consolidation;

Hours of Work means time during which seafarers are required to do work on accounting of the ship;

Overtime means time worked in excess of normal hours of work.

2.2.2 Overtime

For the purpose of calculating overtime, normal hours per week covered by ‘basic pay or wages’
should not exceed 48 hours.
The rate or rates of compensation for overtime should not be less than one and a quarter (1.25)
times the basic pay or wages per hour.

2.2.3 Consolidated Wages

For seafarers whose wages are fully or partially consolidated, the employment agreement should
specify clearly, where appropriate, the number of hours of work expected in return for this remuneration
and any additional allowances due and under what circumstances.

2.2.4 General principles for payment of wages

 Each seafarer’s employment agreement specifying applicable wages or wage rates should be
made available to each seafarer;
 Wages should be paid in legal tender, and may be made by bank transfer, bank check, postal check
or money order. Wages should be paid directly to the seafarer or to the seafarer’s bank account,
unless the seafarer requests otherwise.
 All remuneration due should be paid without undue delay or termination of engagement; and
 Shipowners may be liable to penalties for undue delay or failure to make payment of all remuneration
due.
2.2.5 Deductions
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No deductions should be made from a seafarer’s remuneration for obtaining or retaining

employment
Monetary fines against seafarers should be prohibited, other than those authorized by national laws
or regulations, collective agreements or other measures.

2.2.6 ILO Minimum Wage

The ILO minimum wage only offers to the basic monthly wage, excluding overtime, leave and other
payments, and only covers the rank of Able Seafarer (Deck). The total wage package, based on other
MLC provisions should normally, as minimum include:
 The ILO recommended basic wage;
 Leave pay of not less than 2.5 days per month based on a 30 day month, as required by the MLC; and
 Overtime compensation based on 1.25 times the normal hourly rate, as also required by the MLC

MLC Reg. 2.3 HOURS OF WORK AND HOURS OF REST

- to ensure that seafarers have regulated hours of work or hours of rest

2.3.1 In practice, because of STCW 2010 has already entered into force on a worldwide basis, it is
expected that the STCW 2010 Standards will form the basis of standards that are enforced by most flag
states and by port state control. However, MLC requirements are still likely to be those which are applied
for those categories of seafarers who fall outside of the scope of the STCW Convention, i.e. those that do
not have any watchkeeping, safety, security or pollution prevention duties.

2.3.2 MLC Requirements

Shipowners must ensure that seafarers’ working hours comply with the following limits
Either minimum hours of rest must not be less than:
 10 hours in any 24 hour period; and
 77 hours in any 7 day period.
Or maximum hours of work must not exceed:
 14 hours in any 24 hour period; and
 72 hours in any 7 day period (i.e at least 96 hours rest)
Using either option:
 The minimum hours of rest needed to comply must be divided into no more than two periods;
 One of these rest periods must be at least 6 hours in length; and
 The interval between consecutive periods of rest must not exceed 14 hours.

MLC Regulation 2.4 ENTITLEMENT TO LEAVE

- to ensure that seafarers have adequate leave
Payment of annual leave must be calculated on the basis of at least 2.5 days per calendar month
of employment, unless another appropriate method of calculation is provided under a collective
bargaining agreement.
Subject to national requirements, annual paid leave should not include:
 public holidays;
 shore leave; or
 compensatory leave and absence from work for vocational training, illness, injury or maternity leave.
MLC Regulation 2.5 REPATRIATION
- to ensure hat seafarers are able to return home
In normal circumstances the employer is always responsible for the costs of repatriating seafarer to
their country of residence (or other destination agreed) at the end of an agreed voyage period or other
circumstances set out by the MLC.

Circumstances When Repatriation is Required

Apart from repatriation at the end of a voyage, a shipowner must repatriate a seafarer where it is
impossible for the seafarer to continue on board duties. These circumstances include:
 12

 Illness or injury or other medical condition which requires repatriation when the seafarer is found
medically fit to travel;
 Shipwreck;
 The shipowner is unable to continue to fulfill its legal or contractual obligations as employer of the
seafarers by reason of insolvency, sale of ship, change of ship’s registration or any similar reason;
 The ship is bound for a war zone, as defined by national laws or regulation or seafarers’ employment
agreements, to termination of employment for any other similar reason,
 Termination or interruption of employment in accordance with an industrial award or collective
agreement, or termination of employment for any other similar reason.

MLC Reg. 2.6 SEAFARER COMPENSATION FOR SHIP’S LOSS OR FOUNDERING ensures that seafarers
are compensated when a ship is lost or has foundered.
MLC also contains more conditions for employment pertaining to manning levels, career and skills
development, and employment opportunities.
Seafarers can complain if the MLC hasn’t been followed. Every ship to which the regulation applies must have
an on-board complaints procedure. Normally, complaints should be addressed to the head of the seafarers’
department or to their superior officer. If neither the head of department nor the superior officer resolves the complaint
to the satisfaction of a seafarer, or the seafarer considers that the complaint is not being dealt with within the time limit
laid down, he should be able to refer the matter to the master who should handle the matter personally. On shore
seafarers can complain to a Maritime and Coastguard Agency (MCA) surveyor.

xxx xxx xxx xxx xxx xxx xxx xxx xxx

References

Babor, Eddie R. (2009). Bioethics, A philosophical journey and a critical analysis into life sciences:
a guide to a healthcare provider, Quezon City: C&E Publishing , Inc.
Babor, Eddie R. (2006). Ethics, The philosophical discipline of action, updated Ed.,
Manila: Rex Bookstore.
Capt. Mora, E. C. & C/E Carvajal, C.. Special resolution by the board of examiners for marine officers, Series of 1968
http://careerplanning.about.com/od/workplacesurvival/a/professionalism.htm, retrieved, September 30, 2014.
http://www.ehow.com/info_7743068_workplace-professional-etiquette.html
McDowall I. (2000). A study in death. New York: Judy Piatkus Publishers, Ltd.
Microsoft® Encarta (2009). 1993-2008 Microsoft Corporation
Miranda, Dionisio M (1994). Pagkamabuhay. Manila: Logos Publishing Company
"Treaty text of the Maritime Labour Convention". ILO. Retrieved 7 May 2012.
Webster's New World Law Dictionary (2010). Hoboken, New Jersey: Wiley Publishing, Inc..