SECTION 1. Recruitment and placement of seamen. — Foreign shipping companies and domestic shipping companies owning or operating vessels engaged in overseas shipping shall hire Filipino seamen through the National Seamen Board. For this purpose, the Board shall maintain a complete registry of seamen indicating their categories or ratings and such other qualifications as may be appropriate.
SECTION 2. Requirements for hiring through agents or representatives. — Foreign shipping companies may hire through duly authorized shipping or manning agents if the latter comply with the following requirements:
(a) Registration with the Securities and Exchange Commission or the Bureau of Domestic Trade, as the case may be;
(b) Submission to the Board of a special power of attorney from their foreign principals which shall include the power to sue and be sued in their behalf;
(c) Submission to the Board for approval of the employment contracts, salary scales and other documents the Board may require;
(d) Submission to the Board of their agency or manning contracts with their foreign principals; and
(e) Other requirements the Board may impose.
SECTION 3. Power to modify and revise hiring procedures. — The Board may amend, alter or modify the manner and/or procedure of recruitment, hiring and placement of seamen to make them more responsive to the demands for Filipino seamen.
SECTION 4. Registration of Seamen. — All seamen applicants should register with the Board when applying with an authorized shipping or manning agent for employment on board a foreign-going vessel.
SECTION 5. Qualifications for registration. — To qualify for registration, an applicant must:
(a) Be a Filipino citizen;
(b) Be at least 18 years of age;
(c) Be physically and mentally fit for employment as a seaman; and
(d) Have adequate training or experience for employment as seaman.
SECTION 6. Supporting documents. — The applicant shall also submit the following documents to complete his registration:
(a) Professional license;
(b) Diploma or certification of educational and other training;
(c) Seaman Continuous Discharge Book;
(d) Certificate of employment and/or service record; and
(e) Other documents the Board may require.
SECTION 7. Power to hear and decide cases. — The Board shall have original and exclusive jurisdiction over disputes arising out of or in connection with, the employment of all Filipino seamen on board vessels engaged in overseas trade. Its decision in such cases shall be appealable by any aggrieved party to the National Labor Relations Commission within the same period and upon the same grounds provided in Article 223 of the Code.
SECTION 8. Model contract of employment. — The Board shall adopt a standard format of service agreement in accordance with pertinent labor and special legislations and the prevailing standards set by applicable International Labor Organization Conventions. The standard format shall set the minimum standards of the terms and conditions to govern the employment of Filipino seafarers, but in no case shall a shipboard employment contract be allowed where the same provides for benefits less than those enumerated in the model employment contract, or in any way conflict with any other provision embodied in the standard format.
SECTION 9. Sanctions. — The Board may ban, prohibit or prevent foreign shipping companies, their agents or representatives from hiring Filipino seamen if they are shown to have repeatedly or grossly violated pertinent provisions of the Code, these rules and regulations and issuances of the Department of Labor and Employment, the Board and the Central Bank of the Philippines.
SECTION 10. No service charge. — No fees shall be charged from the seamen for services in connection with their recruitment and placement. All expenses for hiring seamen shall be shouldered by foreign shipping principals.
SECTION 11. Fees from employers. — The Board shall collect from shipping companies fees to cover reasonable expenses of recruitment and placement of seamen hired through the Board.
SECTION 12. Board to issue rules and regulations. — The Board shall issue rules and regulations governing its functions and responsibilities.
skip to main |
skip to sidebar
Rules to Implement the Labor Code
