ENSURING OCCUPATIONAL

HEALTH & SAFETY FOR OVERSEAS

FILIPINO SEAFARERS

By:

Dr. Virgel C. Binghay

School of Labor & Industrial Relations
University of the Philippines
E-mail: vcbinghay@yahoo.com

Virgel C. Binghay,Ph.D. 1
INTRODUCTION

 The ship is one of the most dangerous

workplaces with high mortality rate.

 Philippines dominates seafaring

occupation. Filipino seafarers account for
around 20 percent of the world‟s total
supply of seafarers onboard.

Virgel C. Binghay,Ph.D. 2
 The world‟s maritime industry continues to
rely on Filipino seafarers to handle 3D
(dirty, dangerous, demeaning) jobs
onboard foreign vessels.

Virgel C. Binghay,Ph.D. 3
 Filipino seamen also make a substantial
contribution to the Philippine economy.

 This scenario provides the basis for this

presentation to reiterate the need for sincere
enforcement of occupational health and safety
measures and guidelines by employers and
governments to ensure better working conditions
for all seafarers in the world.

Virgel C. Binghay,Ph.D. 4
THE PHILIPPINE LABOR MARKET
CONTEXT

 The Philippines‟ labor surplus economy is

one key „push‟ factor behind the growth of
the number of seafarers, and OFWs as
well.

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 A huge population and high annual
population growth rate added sizeable
increase in job seekers yearly, while job
creation has not kept pace.

Virgel C. Binghay,Ph.D. 6
 The growth of seafaring labor force is
triggered mainly by global demand.

 Domestic shipping may have contributed

to its development, but the recruitment of
seafarers in the global market progressed
rapidly in the past three decades.

Virgel C. Binghay,Ph.D. 7
 In this light, the requirements of the
competitive global shipping industry
principally shaped policy for the crewing
industry, maritime schools and
government agencies.

Virgel C. Binghay,Ph.D. 8
PROTECTION OF SEAFARERS

The legal rights of Filipino seafarers come

from two primary sources:

 The law
 The employment contract

Virgel C. Binghay,Ph.D. 9
THE LAW
1. Philippine Constitution of 1987
 mandates the State to “afford protection to
labor, local and overseas, organized and
unorganized, and promote full employment
opportunities for all.”

Virgel C. Binghay,Ph.D. 10
2. Philippine Labor Code of 1974
 mandates the State to “afford
protection to labor, local and overseas,
organized and unorganized, and
promote full employment opportunities
for all.”

Virgel C. Binghay,Ph.D. 11
3. Philippine Republic Act 8042
(Migrant Workers and Overseas
Filipino Act of 1995)
 provides policy thrusts such as the
guarantee of migrant workers rights

Virgel C. Binghay,Ph.D. 12
Standard Terms and Conditions Governing
the Employment of Filipino Seafarers On-
Board Ocean-Going Vessels (POEA):
1. To faithfully comply with the stipulated terms and
conditions of this contract.
2. To make operational on board the vessel the grievance
machinery provided in this contract.
3. To provide a seaworthy vessel for the seafarer and take
all reasonable precautions to prevent accident and injury
to the crew.
4. To observe the Code of Ethics for Seafarers and conduct
himself in the traditional decorum of a master.

Virgel C. Binghay,Ph.D. 13
With these policy statements, it can be
discerned that a safer and healthier work
environment has long been recognized as a
major factor for the protection of maritime
workers‟ rights. However, in as much as the
State has indeed come up with commendable
policies, there is also a widespread recognition
of the need to build capacity and sincerity to
implement, and to fund programs envisioned by
all these policies.
Virgel C. Binghay,Ph.D. 14
SITUATION OF FILIPINO
SEAFARERS
 Seafarers are fixed term contractual
employees – 12 months
 Trilateral employment relationship – local
recruiting agency (i.e., crewing or manning
agency), the foreign ship owner, and the
crew.

Virgel C. Binghay,Ph.D. 15
Long & Tedious Job Search

 The ordeal of a Filipino seaman starts

even while he is still looking for job on the
high seas – during the “job search” period.

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 Average job search period – 7.2 months

 Average length of seafarers‟ employment

contract – 9.9 moths

 This means that seafarers spent about the

same time looking for a job as they spent
working on board
Virgel C. Binghay,Ph.D. 17
Unscrupulous Recruitment Agencies

 Asking applicants huge amount of money

in order to get a break in seafaring
occupation

 Manning agencies using the new

graduates to work without pay for as long
as one year in exchange of the chance to
get their first work experience on board
ship.
Virgel C. Binghay,Ph.D. 18
 Trainees made to pay “training fees” though they
are not assured of job after “training”

 Manning agency asking seaman to sign a

document stating that he owe the agency a
certain amount of money and this is done when
he is already at the airport so as not to give the
seaman option but to sign on the document.

Virgel C. Binghay,Ph.D. 19
 Seafarers complain about expensive, time-
consuming, overlapping procedures, as
well as red tape in the processing of
papers

 Employment aboard ocean-going ship

inevitably subjects the worker to rigorous
isolation and confinement.
Virgel C. Binghay,Ph.D. 20
Isolation & Negative Work
Situation
 Rigorous isolation & confinement
 Ship not only of work for him/her but also a
home
 Regimented life throughout employment
period
 Subject to the command & whims of the
master of the ship
 At the mercy of the perils & danger of the
high seas
Virgel C. Binghay,Ph.D. 21
Discrimination, Abuse, Maltreatment &
Unfair Labor Practices
 Blacklisting
 Lowering of Benefits
 Longer Working Hours
 Health & Safety Risks

Virgel C. Binghay,Ph.D. 22
Causes of Death
 Maritime disasters (such as capsizings &
sinkings)
 Pirates
 War areas
 Drowning & hypothermia
 Violence
 Suffocation
 Contusion
 Disappearance from ship voyage
 Back strains

Virgel C. Binghay,Ph.D. 23
 Risk of cancer
 Cardiovascular diseases
 Malaria infections
 Sexually transmitted diseases
 Acute diseases & serious injuries

Virgel C. Binghay,Ph.D. 24
Controversial Provisions of the
“New Standard Employment
Contract”

 An injured or sick seafarer, or his/her heirs

(if the seafarer dies), can claim only if his
injury, illness, or death have been
thoroughly proven to be work-related.

Virgel C. Binghay,Ph.D. 25
 Seafarers‟ quit claims and full disclosure of
a seaman‟s medical history

 Once seafarers or their families claim

death and disability, they can no longer file
damages for negligence or torts cases
against a foreign ship

Virgel C. Binghay,Ph.D. 26
Competition & Lowering of
Benefits

 International ships have begun recruiting

more seafarers from other countries ---
mariners who are at par with Filipinos in
terms of skills, but are willing to accept
lower wages.

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 Filipino seamen are being asked to trade
off some of some of their benefits to
remain in demand in the industry

Virgel C. Binghay,Ph.D. 28
CONCLUSIONS:

 Enforcement of legislations aiming to

protect the rights of our migrant workers,
particularly our overseas Filipino
seafarers, is in no way at par with their
economic contribution to the Philippines

Virgel C. Binghay,Ph.D. 29
 Two main factors why the assurance of
occupational health and safety remains elusive
Filipino seafarers.

- the lack of interest on the part of the

employers/ ship owners to fully enforce
occupational health and safety measures for
seafarers especially that an effective health and
safety management entails a considerable
economic costs to ship owners.

Virgel C. Binghay,Ph.D. 30
- lack of political will both from receiving
and sending countries to adopt concerted
and more assertive actions to address the
problems related to ensuring a safer and
healthier work environment for sea-based
workers.

Virgel C. Binghay,Ph.D. 31
RECOMMENDATIONS:

 There is a need to revise existing laws

greatly affecting sea-based workers,
primarily the Migrant Workers Act, since
that said Act mainly addresses land-based
jobs and any support for the overseas
seafarers is stipulated only in the
affirmation of very general principles as
Filipinos deserving protection from the
State.
Virgel C. Binghay,Ph.D. 32
 There is a need to streamline operations
and services for seafarers and
consequently, a need to rationalize
government agencies involved with
seafarers‟ education and training,
certification, labor market regulation,
employment processing, protection and
welfare.

Virgel C. Binghay,Ph.D. 33
 There is a need to evaluate how the
seafaring educational system of the
country may be improved to adequately
prepare Filipino seamen for the future jobs
at sea.

Virgel C. Binghay,Ph.D. 34
 Maritime schools and shipping firms/
employers are encouraged to look at the
possibility of investing on the preparation
of seafarers for life and work with
multinational crews to develop teamwork,
good rapport, effective communication,
and good decision-making in critical
situations to prevent maritime disasters
and work-related accidents.
Virgel C. Binghay,Ph.D. 35
 Strengthen social dialogues among major
stakeholders such as the seafarers group,
shipping firms, and governments of
receiving and sending countries, and other
stakeholders such as crewing agencies,
seafarer unions, maritime schools, and
international labor and multilateral
organizations, with regards to upgrading
the industry, promoting seafarers‟ welfare,
and decent work on board ships.
Virgel C. Binghay,Ph.D. 36
 The incoming President of the Philippines
must seriously look into plights of the
overseas Filipino seafarers.

Virgel C. Binghay,Ph.D. 37
 “No society
can ever claim to be civilized
if it does not show
honest concern
for the
health & safety
of its workforce.”

- Cox & Cox

Virgel C. Binghay,Ph.D. 38
References

Amante, Mragtas S.V. (2005). Philippine Global

Seafarers: Ethnicity & Identity in Ships with
Multinational Crews. MINDA Vol. 2 No. 2.
[htt://www.philjol.info/index.php/MINDA/article/vie
w/1276/1161 date accessed: January 25, 2010]

Virgel C. Binghay,Ph.D. 39
Binghay, Virgel C. (2009). Talent
Management, Migration & Globalization.
VCB Research & Publications.

Virgel C. Binghay,Ph.D. 40
THANK YOU!

Virgel C. Binghay,Ph.D. 41