PRESIDENT Ferdinand R. Marcos, Jr. on Wednesday approved the Implementing Rules and Regulations (IRR) of the Republic Act No. 12021, the Magna Carta of Filipino Seafarers, codifying seafarer’s rights based on international laws, standards and practices, and conventions.
The IRR is “designed to strengthen the rights, welfare, and dignity of our Filipino seafarers who traverse the seas of the world,” Migrant Workers Secretary Hans Leo J. Cacdac said in a statement.
“This document reflects months of thorough consultation, rigorous review, and sincere dialogue among all stakeholders, ensuring that every provision serves the interests of our seafarers and their families,” he added. “This process encapsulates the essence of the principles of tripartism.”
The IRR particularly provided for seafarers’ rights to information, to information of seafarer’s family, to safe passage and safe travel, to consultation, against discrimination, to be protected against all forms of harassment and bullying, right to free legal representation, to an appropriate grievance mechanism, to immediate medical attention, to access to communication, to record of employment, to fair treatment in the event of maritime accident, to fair medical assessment, and to vote in national elections.
The IRR, in particular, mandated that contracts between seafarers and their employers should include specific terms regarding working hours, rest periods, job descriptions, compensation, and working conditions.
The Department of Migrant Workers (DMW) is mandated to conduct periodic reviews of the Standard Employment Contract (SEC) every 10 years, or sooner as may be deemed necessary, in consultation with the Maritime Industry Tripartite Council (MITC), to cope with prevailing maritime industry standards.
The law was signed in September 2024, more than a year after the European Commission cited deficiencies in the Philippines’ seafarer education, training and certification system.
Mr. Marcos, in a speech at a signing ceremony, said the IRR promotes a “well-prepared and competitive maritime workforce.”
“By enhancing access to advanced training and requiring maritime education institutions to adopt cutting-edge facilities, we are equipping our seafarers and cadets to compete in the global arena,” he said.
The law signed in September 2024 emphasized training and education, requiring the provision of training programs that meet international standards to enhance the seafarers’ skills and qualifications.
The IRR said the Maritime Industry Authority has jurisdiction over maritime education.
The Magna Carta also emphasizes the importance of health and safety for seafarers, requiring employers to provide proper medical care, facilities, and occupational safety training, providing for the protection of seafarers from epidemics, pandemics, and other public health emergencies, and mandating shipowners to institute measures on health emergency prevention in accordance with flag state health regulations and World Health Organization guidelines.
Under the IRR, seafarers who have contracted a disease after departing from the point of hire, while in transit, or under quarantine, shall be entitled to paid sick leave or sickness benefits as long as they are incapacitated to work until the seafarer joins the vessel or until the seafarer returns to the point of hire.
The IRR also provides a financial security system to assist seafarers in case of injury and other causes.
The IRR also provides a detailed list of rules on dispute resolution for overseas seafarers, institutionalizing onboard and onshore grievance machinery.
A pool of trained maritime industry conciliator mediators, labor arbiters, and accredited maritime industry voluntary arbitrators will be established to handle the mediation, conciliation, or arbitration of all issues relating to the employment of seafarers.
In case of conflict between the company’s and seafarer’s physicians, the disability or fitness to work of a seafarer should be determined by a third doctor duly accredited by the Health department and is an expert on the illness or injury of the seafarer.
The IRR also mandated the creation of seafarer welfare facilities in major crew-change ports, which should offer services that promote the welfare of and cater to the recreational, cultural, religious, communication, and legal needs of all seafarers.
It also required the creation of one-stop shop centers for seafarers.
The IRR also highlighted women’s participation in the maritime industry, mandating shipowners, manning agencies, and maritime training institutions to formulate and implement policies on gender and development. — Kyle Aristophere T. Atienza
