Security of Tenure

• An employee cannot be dismissed without just or lawful cause and due

process.

Labor Code
• For dismissal or disciplinary action against officers and crew of merchant
vessels engaged in domestic trade or coast wise shipping

POEA
• For officers and crew who are working in foreign vessels
• Recruitment and employment overseas
• Contractual employees: seafarers who are deployed overseas
RA 8042
• Migrant Workers and Overseas Filipinos Act of 1995

POEA Standard Employment Contract for Seamen

• Designed primarily for the protection and benefit of Filipino seamen
in the pursuit of their employment onboard ocean-going vessels
Section 18. TERMINATION OF EMPLOYMENT
A. Employment of seafarer ceases when he completes his period of
contractual service aboard the vessel, signs-off from the vessel, and
arrives at the point of hire.

B. The seafarer is also terminated when he arrives at the point of hire

for any of the following reasons:
1. When the seafarer signs-off and is disembarked or medical reasons
2. Due to shipwreck, ship’s sale, lay-up of vessel, discontinuance of voyage, or
change of voyage principal
3. Voluntarily resigns and signs-off prior to expiration of contract
4. Discharged for just cause
Section 19. REPATRIATION
A. Upon expiration of contract and vessel is outside the Philippines,
the seafarer:
• shall continue his service on board until arrival at a convenient port or arrival
of his replacement;
• shall not exceed three months continuance of service;
• shall be entitled to earned wages and benefits.
 Section 19. REPATRIATION

B. Before the expiration of contract and vessel arrives at a convenient

port, the master or employer may terminate the seafarer:
• provided the unserved portion of his contract is not more than one month
• shall be entitled only to his earned wages and leave pay and to his wages for
the unserved portion of his contract
• if rehired to the same rate and position within 60 days from disembarkation,
entitled to earn wages and leave only
 Section 19. REPATRIATION

C. Within three months prior to expiration of contract, the

master/employer may repatriate the seafarer, provided:
• he shall be paid all his earned wages
• he shall be paid his leave pay plus termination equivalent to one month of
basic pay
• the original contract period of the seafarer is at least 10 months
• it shall not apply to dismissal for cause
 Section 19. REPATRIATION

D. The seafarer shall be accommodated ashore if discharged at a port

abroad for any reason other than for discipline. Should there be
intention that he rejoin the vessel, he shall be repatriated to the
Philippines via sea or air.

E. When discharged and repatriated by the employer, he shall be

entitled to basic wages from date of signing-off until arrival at port
of hire except when discharged for disciplinary reasons.
 Section 19. REPATRIATION

F. When discharged for any just cause, the employer may recover the
costs of his replacement and repatriation from his wages and other
earnings.

G. A seafarer may request for early termination of contract provided

he shall be liable for his repatriation cost and the transportation
cost of his replacement.
Section 22. TERMINATION DUE TO SHIPWRECK

• In cases of shipwreck where it is necessary to terminate the seafarer

before the end of contract, he shall be entitled to earn wages and
undergo medical examination at the employer’s expense to ensure
fitness to work, repatriation of employer’s cost, and one month salary
as termination pay.
Section 23. TERMINATION DUE TO VESSEL SALE,
LAY-UP, OR DISCONTINUATION OF VOYAGE

• If the vessel is sold, laid-up, or the voyage is discontinued thereby

necessitating the termination of employment before end of contract,
seafarer is entitled to earned wages, repatriation at employer’s cost,
and one month basic wage as termination pay. If employer transfers
him to another vessel of his own to complete his contract, the
seafarer shall be entitled to basic wages until the date of joining said
other vessel.
Section 24. TERMINATION DUE TO UNSEAWORTHINESS

A. If the vessel is declared unseaworthy by a classification society, port

state or flag state, the seafarer shall not be forced to sail with the
vessel.

B. If due to unseaworthiness it is necessary to terminate employment

before end of contract, the seafarer shall be entitled to earned
wages, repatriation at employee’s cost, and one month salary as
termination pay.
OTHER PERSONS PARTICIPATING IN MARITIME COMMERCE

1. Ship Captain
• has complete and exclusive control of the crew and the navigation of the ship,
as well as the disposition of the cargo at the end of the voyage

Three-fold Duties of the Ship Captain:

1. General agent of the ship owner
2. Commander and technical director of the vessel
3. Represents the government of the country under whose flag he navigates
 OTHER PERSONS PARTICIPATING IN MARITIME COMMERCE

2. Sailing Mate / Chief Mate

• also known as the deck officer who is next in rank or second in command to
the master, and upon whom the command of the ship will fall in event of
incapacity of the master (Standards of Training, Certification and
Watchkeeping for Seafarers 1978)

• Article 626. In order to be a sailing mate, it shall be necessary

1. To have the qualifications required by the marine or navigation laws or
regulations.
2. Not be disqualified in accordance therewith for the discharge of his duties
 OTHER PERSONS PARTICIPATING IN MARITIME COMMERCE

3. Second Mate
• takes command of vessel in case of inability or disqualification of the captain
and the sailing mate, assuming all their powers and responsibilities.

4. Marine Engineer
• considered as officer of the vessel but has no authority except in matters
referring to the motor apparatus.
 OTHER PERSONS PARTICIPATING IN MARITIME COMMERCE

5. Crew
• The captain is in charge of selecting his crew with such number as he may
consider necessary, and may take on foreigners who are Philippine residents
in the absence of Filipino sailors but the number should not exceed one-fifth
of the crew.

• If in foreign ports, foreigners may be hired to complete the crew, provided

consent of the consul or marine authorities is obtained.
Article 365
1. A seaman may not rescind his contract or fail to comply
without a legitimate impediment which may have
happened to him.

2. He may not transfer from the service of one vessel to

another without obtaining the written permission of the
captain of the vessel he was originally contracted to.
 Article 365

If Without Permission:
• the second contract shall be void

• he shall lose the wages earned

• may be forced to fulfill the service which he first bound himself

• the captain who binds a seaman despite having knowledge that he is in the
service of another or without requiring him a written permission shall be
subsidiarily liable for any indemnity which the seaman may not be able to pay
Article 636
• If there is no fixed period for which a seaman has been
contracted, he may not be discharged until the end of the
return voyage to the port where he enlisted.
Article 637. VALID GROUNDS FOR DISCHARGE
1. The perpetration of a crime which disturbs order on the vessel.
2. Repeated insubordination, want of discipline, or non-fulfillment of the
service.
3. Repeated incapacity and negligence in the fulfillment of the service he
should render.
4. Habitual drunkenness.
5. Any occurrence which incapacitates the seaman to perform the work
entrusted to him.
6. Desertion.
Article 638. REVOCATION OF VOYAGE
1. If the ship agent or charterers shall revoke the voyage before the
departure of the vessel, each sailor engaged shall be entitled to a
month’s salary besides what may be due to him.
2. If the agreement should have been for a fixed amount for the whole
voyage, it shall be whatever is proportionate to the number of days the
voyage should have lasted.
 Article 638. REVOCATION OF VOYAGE

3. If revocation should take place after the vessel has put to sea, the
seaman engaged for a fixed amount of the voyage shall receive in
full the salary which may have been offered them as if the voyage
had terminated; and those engaged by the month shall receive the
amount corresponding to the time they might have been on board
and to the time they may require to arrive at the port of
destination.
 Article 638. REVOCATION OF VOYAGE

4. If the ship agent or the charterers of the vessel should give a destination
different from that fixed in the agreement, and the member of the crew should
not agree thereto, they shall be indemnified at half a month’s salary, besides
what may be due them.

If they accept the charge, and the voyage, on account of the greater distance or
of other reasons, should give rise to an increase of wages, the latter shall be
adjusted privately or through amicable arbitrators in case of disagreement.
Even though a voyage should be shortened to a nearer point, this shall not give
rise to a reduction in the wages agreed upon.
 Article 638. REVOCATION OF VOYAGE

4. (continuation)
If the revocation or change of the voyage should come from the shippers or
charterers, the agent shall have a right to demand of them the indemnity which
may be justly due.
Article 639

If the revocation of the voyage should arise from a just cause

independent of the will of the ship agent and charterers, and the vessel
should have left the port, the members of the crew shall have no other
right than to collect the wages earned up to the day on which the
revocation took place.
Article 640. JUST CAUSES FOR REVOCATION OF VOYAGE

1. A declaration of war or interdiction of commerce with the power to

whose territory the vessel was bound.
2. The blockade of the port of its destination or the breaking out of an
epidemic after the agreement.
3. The prohibition to receive in said port the goods which make up the
cargo of the vessel.
4. The detention or embargo of the same by order of the government,
or for any other reason independent of the will of the ship agent.
5. The inability of the vessel to navigate.
Article 641. DISABILITY OF THE VESSEL DUE TO
NEGLIGENCE

• If the disability of the vessel should have been caused y the

negligence or lack of skill of the captain, engineer, or sailing mate,
they shall indemnify the crew for the damage suffered, without
prejudice to the criminal liability which may be proper. (Article 641)
Article 643. LOSS DUE TO CAPTURE OR WRECK

• If the vessel and her cargo is lost due to capture or wreck, all rights
shall be extinguished, both as regards the crew to demand any wages
whatsoever, and as regards the ship agent to recover the advances
made.
• For those who worked to recover the shipwrecked, each shall be
given an award in proportion to the efforts made and the risks
encountered.
Article 644. SICKNESS

• A seaman who falls sick shall not lose his right to wages during the
voyage, unless the sickness is result of his own fault. Costs shall be
defrayed from the common funds, in the form of a loan.
• If the sickness resulted from an injury received in the service or
defense of the vessel, costs shall be deducted from the proceeds of
the freightage.
Article 645. DEATH OF A SEAMAN

• The death of a seaman during the voyage entitles his heirs the wages
earned.

• If the contract was for a fixed sum for the whole voyage, only half of
the amount if the seaman died on the voyage out, and the whole
amount if he die on the return voyage. But should he die before the
departure of the vessel from the port, his heirs shall not be entitled to
claim anything.
 Article 645. DEATH OF A SEAMAN

• If death occurred in the defense of the vessel, he shall be considered

as living, and his heirs shall be paid at the end of the voyage the full
amount of wage and other profits due him.
• In case of capture while defending the vessel, he shall be considered
present and shall enjoy the same benefits as others. But if capture is
due to carelessness or other accident not related to service, he shall
only receive the wages due up to the day of his capture.
Article 647. RELEASE FROM OBLIGATIONS

• The officers and crew of the vessel shall be free from all obligations in
the following cases:
1. If, before the beginning of the voyage, the captain attempts to change it, or
a naval war occurs with the power to which the vessel was destined.
2. If a disease should break out and be officially declared an epidemic in the
port of destination.
3. If the vessel should change owner or captain.
Article 648. COMPLEMENT OF A VESSEL

• Complement of a vessel shall be understood to refer to all persons on

board, from the captain to the cabin boy, necessary for the
management, maneuvers, and service, including the crew, sailing
mate, engineers, stokers, and other employees on board not having
specific designations; but it shall not include the passengers the
vessel is transporting.
Article 649. SUPERCARGOES
Supercargo – an officer of a merchant ship who supervises commercial
matters and is in charge of the cargoes and their sale

DUTIES:
1. shall discharge on board the vessel administrative duties assigned to them.
2. shall keep an account and record of their transactions in a book.
3. shall respect the captain in his capacity as chief of the vessel.
4. shall not make any transaction for their account during the voyage without
special authorization or agreement.
5. shall not invest in the return trip more than the profits of the ventures,
unless expressly authorized by the principal.