According to the Department of Migrant Workers (DMW), the Philippines, Russia, Indonesia, China and India are considered the largest suppliers of officers and skilled seafarers working on merchant ships. Despite the rich history and significant role of the Filipino seafarers in our society, they have received inadequate attention. Recent news have reported incidents of abduction, unjust compensation and on-board accidents. In response, Republic Act No. 12021 or the Magna Carta of Filipino Seafarers was recently passed into law. This law aims to protect the rights and overall welfare of domestic and overseas workers.
What is Magna Carta Law in the Philippines?
On September 23, 2024, President Ferdinand “Bongbong” Marcos Jr. signed Republic Act No. 12021 or An Act Providing for the Magna Carta of Filipino Seafarers into law. It was originally expected to be signed into law on February 26, 2024, after more than 50,000 Filipino seafarers working in European vessels almost lost their jobs due to repeated failure to meet the standards set by European maritime authorities.
Moreover, the Magna Carta of Filipino Seafarers aims to recognize and protect the rights of the Filipino seafarers, integrate relevant programs and policies, and assist in their development to maintain their competitiveness in the global maritime industry. Additionally, it enumerates the rights and duties of Filipino seafarers and the obligations of maritime agencies for overseas Filipino workers.
What is the Purpose of Magna Carta Law?
The Magna Carta for Seafarers serves several purposes, including:
Access to Quality Maritime Education and Training Programs. In the Philippines, approximately 30,000 maritime students graduate every year, but only around 20% are reported to serve onboard ships. This raises concerns about the quality of training provided and the lack of provisions of sea time, which emphasize the need for improvement of the educational system and adequate training programs.
Increase Employment Opportunities. By enhancing the quality of the education system and training programs, the Magna Carta of Filipino Seafarers aims to increase the employment rate and provide more job opportunities for maritime graduates, both domestically and internationally.
Safeguard the Rights of Filipino Seafarers. The Magna Carta of Filipino Seafarers safeguards the Filipino seafarers’ rights by ensuring fair treatment, appropriate terms and conditions of work, and adequate compensation. This is to prevent incidents of abduction, unjust compensation and on-board accidents.
Ensure the Welfare of Filipino Seafarers. In accordance with International Standards and the Labor Code, the seafarers are entitled to have reasonable rest periods. The law specifies that during any 24-hour period, they should have a minimum of ten (10) hours of rest. Additionally, with the consent of their master deputy, they are allowed to have sore leave, provided that the operation and safety of the vessel and the other seafarer are not compromised.
Free Legal Representation. Filipino seafarers who are victims of illegal recruitment, illegal dismissal or suspension, and any other forms of violation of contract have the right to free legal assistance and protection at government expense. The law also mandates that the court must ensure a speedy and impartial resolution of their cases.
What are the Benefits Received by the Filipino Seafarer?
The following are the benefits received by the Filipino Seafarers:
Liability in Case of Death. When the Filipino seafarer dies due to injury or illness during the term of their employment, their employer shall pay their beneficiary/beneficiaries, make arrangements for the burial, return or repatriation of the remains, and pay the burial expenses.
Death Benefits. If the seafarer dies as a result of their work duties, their employer must compensate their beneficiaries.
Seafarer’s Loan Guarantee Fund. Pursuant to Section 21 of Republic Act No. 8042, the Overseas Workers Welfare Administration (OWWA) shall establish financing schemes to expand the grant of pre-departure loans and family assistance loans to seafarers.
Housing and Provident Benefits. Filipino seafarers must have access to the government’s housing program through membership in the Home Development Mutual Fund (Pag-Ibig Fund).
Nursing Care. In cases of injury and sickness, seafarers are entitled to receive proper nursing care on board or shore, with the medical bills covered by their employer. This care includes medical attention and medicines. Additionally, despite their injury or illness, they shall continue to receive their wages during the term of their employment.
Medical Care for Repatriated Seafarers. If a repatriated seafarer still requires medical care, they must continue to receive medical attention until the employer-designated doctor declares them healed. The employer is also responsible for covering the medical bills.
What are the Duties of Filipino Seafarers?
Pursuant to Section 59 of the Magna Carta of Filipino Seafarers, the duties of Filipino seafarers include:
Faithfully comply with and observe the terms and conditions of their contract, with violation subject to disciplinary actions;
Treat the ship and the cargo with proper care out his duties as a whole with due responsibility;
Comply with company rules, regulations and policies consistent with the rules and regulations issued by the Department of Labor and Employment (DOLE);
Conduct themselves in an orderly and respectful manner towards passengers and shippers, stevedores, port authorities, and other individuals engaged in official business with the ship, and treat their colleagues on board with due consideration; and
Observe the grievance procedures outlined in this Act.
What are the Duties of the Employer or Master Deputy?
According to the Section 58 of the Magna Carta of Filipino Seafarers, the following are the duties of a seafarer’s employer or master deputy:
Faithfully comply with the stipulated terms and conditions of the employment contract, particularly the prompt payment of wages, remittance of allotment and the expeditious settlement of valid claims of the seafarer;
Implement grievance machinery provided in the contract and ensure its free access at all times by the seafarer; and
Ensure the protection and safety of seafarers at all times.
Need further information and assistance regarding the Magna Carta of Filipino Seafarers? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
