Philippine Employment: Overseas Administration
Philippine Employment: Overseas Administration
Philippine Employment: Overseas Administration
Philippine
Overseas
Employment
Administration
j WA
TO
,10
.,
SUBJECT
DATE
26 October 2010
Pursuant 10 Governing Board Resolution No. 09, series of 2010, the following
guidelines on the implementation of the Amended Standard Terms and Conditions
Governing the Overseas Employment of Filipino Seafarers on Board Ocean-Going Ships ,
which reflect the consensus of all the stakeholders after a series of tripartite consu ltations,
are hereby issued :
1. The terms and conditions provided therein are the minimum requirements acceptable
to the POEA for the employment of Filipino seafarers on board ocean-going ships .
2. The parties to the contract may improve on the minimum terms and
conditions,
provided such improvements shall be made in writing and appended to the contract
of employment.
3. Manning agencies shall use and submit to the POEA, the full text of the seafarer's
employment contract herein attached including improvements, if any, for approval
and processing. Such improvements in the contract shall have prospective
application .
4. Manning agencies are directed to inform and provide copies of the amended terms
and conditions to all its accredited principals/employers.
5. Manning agencies shall ensure that its departing seafarers are given a copy of the
processed and approved employment contract, including its improvements if any.
Under no circumstances shall seafarers be allowed to leave for their respective
vessels without a copy of the processed employment contract . Such contract shall
be randomly checked at the airports.
to include in the Pre-departure
6. POOS providers for seafarers are directed
Orientation Seminar (POOS) of its hired seafarers, the provisions of the amended
terms and conditions governing the employment of Filipino seafarers on board
ocean- going ships .
CONTROLLED ANi) vlSSEJ\tJNA TUD
BY CRD ON
'OCT 2 7 2QlO
This Circular shall take effect fifteen (15) days after publication in a newspaper of
general circulation.
E~
Definition of Terms :
For purposes of this contract, the following terms are defined as follows :
1.
2.
Basic Wage - refers to the salary of the seafarer exclusive of overtime, leave pay and
other all owances and benefits.
5. Convenient Port - any port where it is practicable, economical, safe and convenient to
repatriate the seafarer.
6. Dental Treatment - covers tooth extraction, or dental surgery if necessary, due to
accident
7. Departure - refers to the actual departure from the point of hire of the seafarer through
air, sea or land travel transport to join his ship at a Philippine or foreign port
8. Manning Agency - refers to any person, partnership or corporation duly
licensed by the Secretary of Labor and Employm ent to engage in the
recru itment and placement of seafarers for ships plying international waters and
for related maritime activities.
9. Philippine Port - refers to any Philippine airport or seaport.
10. Point of Hire - refers to the place indicated in the contract of employment which
shall be the basis for determining commencement and termination of contract.
11
SECTION 1. DUTIES
A. Duties of the PrincipaIlEmployerfMaster/Company:
1. To faithfully comply with the stipulated terms and co nditions of this contract,
particularly the prompt payment of wages , remittance of allotment and the
expeditious settlement of valid claims of the seafarer.
2. To extend coverage to the seafarers under the Philippine Social Security
System (555), Philippine Health Insurance Corporation (PhiIHealth),
Employees ' Compensation Commission (ECC) and Home Developm ent
Mutual Fund (Pag-IBIG Fund), unless otherwise provided in multilateral or
bilateral agreements entered into by the Philippine government with other
countries.
3. To make operalional on board the ship the grievance machinery provided in this
contract and ensure its free access at all times by the seafarer.
4. To provide a seaworthy ship for the seafarer and take all reasonable precautions to
prevent accident and injury to the crew including provision of safety equipment,
fire prevention, safe and proper navigation of the ship and such other precautions
necessary to avoid accident, injury or sickness to the seafarer.
2
5. To observe the Code of Ethics for Seafarers and conduct himself in the traditional
decorum of a master.
6. To provide a workplace conducive for the promotion and protection of th e
health of the seafarers in accordance with the standards and guidelines in
Title 4 of the ILO Maritime Labor Convention, 2006.
B. Duties of the Seafarer:
1. To faithfully comply with and observe the terms and conditions of this contract ,
violation of which shall be subject to disciplinary action pursuant to Section 33 of
this contract.
2. To abide by the Code of Discipline as provided in the POEA rules and regulations
governing overseas contract workers and the Code of Ethics for Seafarers.
3. To be obedient to the lawful commands of the Master or any person who shall
lawfully succeed him and to comply with the company policy including safety
policy and procedures and any instructions given in connection therewith.
4. To be diligent in his duties relating to the ship, its stores and cargo , whether on
board , in boats or ashore.
5. To conduct himself at all times in an orderly and respectful manner towards
shipm ates, passengers, shippers, stevedores, port authorities and other persons
on official business with the ship.
6. To take personal responsibility for his health while onboard by practi cing a
healthy lifestyle which includes taking medications and lifestyle changes as
prescribed by the company~designated doctor.
SECTION 2, COMMENCEMENT/DURATION OF CONTRACT
A. The employment contract between the employer and the seafarer shaH commence
upon actual departure of the seafarer from the Philippine airport or seaport in the
point of hire and with a POEA approved contract. It shall be effective until the
seafarer'S date of arrival at the point of hire upon termination of his employment
pursuant to Section 18 of this Contract.
B.
The period of e m p loyment shall be for a p erIod mutu a lly a g reed upon by the seafarer and the employer
but not to exceed 12 month s. Any exte nsIon of the contra ct sha ll b e subject to m utual consent of both
parties.
B, The seafarer shall submit to the order of the master or to the laws of any country
within the territorial jurisdiction of which the ship may enter to have such vaccination
or inoculation or to undertake measures to safeg uard his health and the entire crew
complement.
c.
The company/employer shall ensure that the seafarer shall be informed on the
cause, prevention and consequences of HIV/AIDS.
SECTION 6. WAGES
A. All seafarers shall be paid for their work regularly and in full in accordance with
this contract. They shall be paid monthly wages not later than 15 days of the
succeeding month from the date of commencement of the contract until the date of
arrival at point of hire upon termination of their employment pursuant to Section 18 of
this contract
B. Seafarers shall be given a monthly account of the payments due and the
amounts paid to them, including wages, additional payments and the rate of
exchange used.
SECTION 7. PAYMENT ON BOARD
Payment of shipboard pay in foreign ports shall be subject to the currency control
regulations at the port abroad and to the official rate of exchange prevailing at the time of
payment. Advances shall be at the master's/employer's discretion and in accordance
with the foregoing conditions .
A. The seafarer is required to make an allotment which shall be payable once a month to
his deSignated allottee in the Philippines through any authorized Philippine bank. The
principallemployer/master/company shall provide the seafarer with facilities to do
so at no expense to the seafarer. The allotment shall be at least eighty percent (80%)
of the seafarer's monthly basic salary.
4
The seafarer, upon his discharge, shall be given a written account of his final wages
reflecting all deductions therefrom. Where a seafarer is landed in an emergency, the
written account of his wages shall be given to him not later than one month from
disembarkation . Upon the seafarer's request, he shall also be provided by his
principal/employer/master/company his certificate of employment or service record
without any charge.
A. The seafarer shall perform not more than forty-eight (48) hours of regular work a
week. The hours of works shall be determined and prescribed by the master,
provided that it co nforms with the customary international practices and standards and
as prescribed in paragraph B below.
B. Regular working hours for the seafarer shall be eight (8) hours in every 24 hours,
midnight to midnight, Monday to Sunday. The normal practice is as follows :
1. The day worker shall observe the eight (8) regular working hours during the period
from 0600 hours to 1800 hours.
2. The steward personnel shall observe the eight (8) regular working hours during the
period from 0500 hours to 2000 hours.
3. The Radio Operator shall observe the eight (8) regular working hours in every
twenty-four (24) hours, midnight to midnight, from Monday to Sunday as
established by International Telecommunication Conventions and as prescribed
by the master.
4. For those who are on sea watch , their working hours shall be eight (8) hours per
day. Staggering of working hours will be at the master's discretion .
C. The record of th e seafarer's daily hours of work or of his daily hours of rest
shall be maintained to allow monitoring of compliance to the above provisions.
The seafarer shall be provided a copy of the records pertaining to him which
shall be endorsed by the master or a person authorized by the master, and by
the seafarer.
The seafarer shall be allowed reasonable rest period in accordance with international
standards.
A. The seafarer shall be compensated for all work performed in excess of the regular
eight (8) hours as prescribed above. Overtime pay may be classified as open, fixed or
guaranteed.
In computing overtime, a fraction of the first hour worked shall be considered as one
full hour. After the first hour overtime, any work performed which is less than thirty
(3D) minutes shall be considered as half an hour and more than thirty (30) minutes
shall be considered one full hour.
8. Overtime work may be compensated at the following rates :
1. Open overtime - not less than 125 percent (125%) of the basic hourly rate computed
based on two hundred eight (208) regular working hours per month .
2. Guaranteed or fixed overtime - not less than thirty percent (30%) of the basic
monthly salary of the seafarer. This fixed rate overtime shall include overtime work
performed on Sundays and holidays but shall not exceed one hundred five (105)
hours a month.
3. Overtime work for officers shall be computed based on the fixed overtime rate .
4. For ratings, overtime work sha ll be based on guaranteed or open overtime rate , as
mutually agreed upon by the contracting parties. For ratings paid on guaranteed
overtime, overtime work in excess of 105 hours a month for ratings shall be further
compensated by their hourly overtime rate.
C. Any hours of work or duty including hours of watchkeeping performed by the seafarer
on deSignated rest days and holidays shall be paid rest day or holiday pay. The
following shall be considered as holidays at sea and in port.
New Year's Day
Maundy Thursday
Good Friday
Araw ng Kagitingan (Bataan& Corregidor Day)
Labor Day
Independence Day
National Heroes Day
August
All Sainls Day
Bonifacio Day
Christmas Day
Rizal Day
January 1
movable date
movable date
April 9
May 1
June 12
Last
Sunday
of
November 1
November 30
December 25
December 30
D. Emergency Duty
Nothing in this Contract shall be deemed to impair the right of the master of a
ship to require a seafarer to perform any hours of work nece ssary for th e
immediate safety of the ship, persons on board or cargo, for the purpose of
6
1. The seafarer shall first approach the head of the Department in which he is
assigned to explain his grievance.
a.
In the Deck, Radio and Catering Department, the head is the Chief Mate.
b.
c.
In the Catering and/or Hotel Department in a passenger ship, the head is the
Chief Steward andlor Purser.
2 . The seafarer shall make his grievance in writing and in an orderly manner and shall
choose a time when his complaint or grievance can be properly heard.
3. The seafarer may also seek the assistance of the highestwranking Filipino
seafarer on board.
4. The Department head shall deal with the complaint or grievance and where
solution is not possible at his level, refer the complaint or grievance to the
Master who shall handle the case personally.
5. If no satisfactory result is achieved, the seafarer concerned may appeal to the
management of the company or with a Philippine Overseas Labor Office or
consular officer overseas. The master shall afford such facilities necessary
to enable the seafarer to transmit his appeal.
B. When availed of by the seafarer, the grievance procedure and all actions or decisions
agreed upon shall be properly documented for the protection and interest of both
parties.
c.
A. The Master shall furnish the seafarer with a written notice containing the following :
1. Grounds for the charges as listed in Section 33 of this Contract or analogous
act constituting the same.
8
2. Date, time and place for a formal investigation of the charges against the
seafarer concerned .
B. The Master or his authorized rep resentative shall conduct the investigation or hearing ,
giving the seafarer the opportun ity to explain or defend himself against the charges .
These procedures must be duly documented and entered into the ship's logbook.
C. If after the investigation or hearing, the Master is convinced that imposition or a
penalty is justified, the Master shall issue a written notice of penalty and the reasons
for it to the seafarer, with copies furnished to the Philippine agent.
D. Dismissal for just cause may be effected by the Master without furnishing the seafarer
with a notice of dismissal if there is a clear and existing danger to the safety of the
crew or the ship. The Master shall send a complete report to the manning agency
substantiated by witnesses , testimonies and any other documents in support thereof.
A. The employment of the seafarer shall cease when the seafarer completes his period
of contractual service aboard the ship,
of hire.
signs~off
B. The employment of the seafarer is also terminated effective upon arrival at the point
of hire for any of the following reasons :
1. When the seafarer signs 0ff and is disembarked for medical reasons pursuant to
Section 20 (A)[5) of this Contract.
4
2. When the seafarer signs~off due to shipwreck, ship's sale, lay~up of ship,
discontinuance of voyage or change of ship principal in accordance with Sections
22, 23 and 26 of this Contract.
3. When the seafarer, in writing, voluntarily resigns and signs off prior to expiration of
contract pursuant to Section 19 (G) of this Contract.
4. When the seafarer is discharged for just cause as provided for in Section 33 of th is
Contract.
A.
If the ship is outside the Philippines upon the expiration of the contract, the seafarer
shall continue his service on board until the ship's arrival at a convenient port and/or
after arrival of the replacement crew provided that, in any case , the continuance of
such service shall not exceed three months. The seafarer shall be entitled to earned
wages and benefits as provided in his contract.
B. If the ship arrives at a convenient port before the expiration of the contract, the
principal/employer/master/company may repatriate the seafarer from such port,
provided the unserved portion of his contract is not more than one (1) month. The
seafarer shall be entitled only to his earned wages and earned leave pay and to his
basic wages corresponding to the unserved portion of the contract, unless within 60
days from disembarkation, the seafarer is rehired at the same rate and position, in
which case the seafarer shall be entitled only to his earned wages and earned leave
pay.
C. If the ship arrives at a convenient port within a period of three (3) months before the
expiration of his contract, the prin cipallemployer/master/company may repatriate
the seafarer from such port provided that the seafarer shall be paid all his earned
wages . In addition, ttie seafarer shall also be paid his leave pay for the entire contract
period plus a termination pay equivalent to one (1) month of his basic pay, provided ,
however, that this mode of termination may only be exercised by the
principal/employer/master/company if the original contract period of the seafarer is
at least nine (9) months; provided, further, that the conditions for this mode of
repatriation shall not apply to dismissal for cause.
D. The seafarer, if discharged at a port abroad for any reason shall be repatriated to
the Philippines via sea or air or as may otherwise be directed by th e
principal/employer/company. He shall be provided with accommodation and
food , allowances and medical treatment, if necessary, until he arrives at the
point of hire.
E.
When the seafarer is discharged for any just cause , the employer shall have the right
to recover the costs of his replacement and repatriation from the seafarer's wages and
other earnings.
10
The liabilities of the employer when the seafarer suffers work-related injury or illness
during the term of his contract are as follows:
1. The employer shall continue to pay the seafarer his wages during the time he is on
board the ship;
2. If the injury or illness requires medical and/or dental treatment in a foreign port, the
employer shall be liable for the full cost of such medical, serious dental, surgical
and hospital treatment as well as board and lodging until the seafarer is declared
fit to work or to be repatriated. However, jf after repatriation, the seafarer still
requires medical attention arising from said injury or illness, he shall be so
provided at cost to the employer until such time he is declared fit or the degree of
his disability has been established by the company-designated physician .
5, In case a seafarer is disembarked from the ship for medical reasons , the
employer shall bear the full cost of repatriation in the event the seafarer is
declared (1) fit for repatriation ; or (2) fit to work but the employer is unable to find
employment for the seafarer on board his former ship or another ship of the
employer.
6. In case of permanent tota l or partial disability of the seafarer caused by either injury
or illness the seafarer shall be compensated in accordance with the schedule of
benefits enumerated in Section 32 of his Contract. Computation of his benefits
arising from an illness or disease shall be governed by the rates and the rules of
compensation applicable at the time the illness or disease was contracted.
The disability shall be based solely on the disability gradings provided
under Section 32 of this Contract, and shall not be measured or determined
by the number of days a seafarer is under treatment or the number of days
in which sickness allowance is paid.
7. It is understood and agreed that the benefits mentioned above shall be
separate and distinct from, and will be in addition to whatever benefits
which the seafarer is entitled to under Philippine laws such as from th e
Social Security System, Overseas Workers Welfare Administration ,
Employees ' Compensation Commission, Philippine Health Insurance
Corporation and Home Development Mutual Fund (Pag-IBIG Fund).
The employer shall pay the deceased's beneficiary all outstanding obligations
due the seafarer under this Contract.
12
b.
The employer shall transport the remains and personal effects of the seafarer
to the Philippines at employer's expense except if the death occurred in a port
where local government laws or regulations do not permit the transport of such
remains . In case death occurs at sea, the disposition of tile remains shall be
handled or dealt with in accordance with the master's best judgment. In all
cases , the employer/master shall commun icate with the manning agency to
advise for disposition of seafarer's remains.
c.
The employer shall pay the beneficiaries of the seafarer the Philippine currency
equivalent to the amount of One Thousand US dollars (US$1 ,000) for burial
expenses at the exchange rate prevailing during the time of payment.
F.
When requested , the sea farer shall be furni shed a copy of all pertinent medical
reports or any records at no cost to the seafarer.
G. The amounts paid to the seafarer due to accidental or natu ral death, or
permanent total disablement by virtue of the provisions of RA 8042 as amended
by RA 10022 and its implementing rules and regulations shall form part of and
shall be deducted from the total amount that the seafarer is determined to be
finally entitled to under this Contract.
M..- Subsistence allowance benefit as provided in RA 8042, as amended
The principal/employer/company shall grant to the seafarer
10022.
involved in a case or litigation for the protection of his rights in a
country, a subsistence allowance of at least One Hundred United States
(U S$100) per month for a maximum of six (6) months.
I.
by RA
who is
foreign
Dollars
13
responsibility of the family member or requested individual to meet all visa and
travel document requirements;
J . The seafarer or his successor in interest acknowledges that payment for injury, illness,
incapacity, disability or death and other benefits of the seafarer under this contract
and under RA 8042, as amended by RA 10022, shall cover all claims in relation with
or in the course of the seafarer's employment, including but not limited to damages
arising from the con tract, tort, fault or negligence under the laws of the Philippines or
any other country.
A. The POEA shall be the sole authority to determine whether the ship is within a
war risk trading area. It shall also determine the amount of premium pay to
which the seafarer shall be entitled to when sailing in that warwrisk trading area.
B. The seafarer when sailing within a warwrisk trading area shall be entitled to such
premium pay as the POEA may determine through appropriate periodic
issuances.
C.
If at the time of the signing of the contract, an area is decl ared a war or warwrisk
trading area and the seafarer binds himself in writing to sail into that area, the
agreement shall be properly appended to the Contract for verification and
approval by the Philippine Overseas Employment Administration (POEA). The
seafarer shall comply with the agreement or shall bear his cost of repatriation
when he opts not to sail into a war or war-risk trading area.
D. If a war or warlike operations should arise during the term of this Contract in
any country within the ship's trading area, the seafarer may s ail with the ship
within and out of the trading area if required by the Master.
SECTION 23.
TERMINATION
DISCONTINUANCE OF VOYAGE
DUE
TO
SALE
OF
SHIP,
LAY-UP
OR
Where the ship is sold , laid up, or the voyage is discontinued necessitating the
termination of employment before the date indicated in the Contract, the seafarer shall be
14
entitled to earned wages, repatriation at employer's cost and one (1) month basic wage as
termination pay, unless arrangements have been made for the seafarer to join another
ship belonging to the same principal to complete his contract in which case the seafarer
shall be entitled to basic wages until the date of joining the other ship.
A.
If the ship is declared unseaworthy by a classification society, port state or flag state,
the seafarer shall not be forced to sail with the ship.
B. In case arrangements have been made for the seafarer to directly join another
ship of the same Principal to complete his contract, he shall only be entitled to
basic wage from the date of his disembarkation from his former ship until the
date of his joining the new ship.
SECTION 27. LOSS OF OR DAMAGE TO CREW'S EFFECTS BY MARINE PERIL
A
The seafarer shall be reimbursed by the employer the full amount of loss or damage
to his personal effects but in no case shall the amount exceed the Philippine currency
equivalent to the amount of Two Thousand US doliars (US$2,OOO) if his personal
effects are lost or damaged as a result of the wreck or loss or stranding or
abandonment of the ship or as a result of fire , flooding , collision or piracy.
B. In case of partial loss, the amount shall be determined by mutual agreement of both
parties but in no case to exceed the Philippine currency equivalent to the amount of
Two Thousand US dollars (US$2.000).
15
C. Reimbursement for loss or damage to the seafarer's personal effects shall not apply if
such loss or damage is due to (a) the seafarer's own fault; (b) larceny or theft or (c)
robbery.
D. Payment of any reimbursement shall be computed at the rate of exchange prevailing
at the time of payment.
SECTION 2B. GENERAL SAFETY
A.
The seafarer sha ll observe and follow any regulation or restriction that the master may
impose concerning safety, drug and alcohol and environmental protection.
B. The seafarer shall make use of all appropriate safety equipment provided him and
must ensure that he is suitably dressed from the safety point of view for the job at
hand .
SECTION 29. DISPUTE SETTLEMENT PROCEDURES
In cases of claims and disputes arising from this employment, the parties covered by a
collective bargaining agreement shall submit the claim or dispute to the original and
exclusive jurisdiction of the voluntary arbitrator or panel of voluntary arbitrators. If the
parties are not covered by a collective bargaining agreement, the parties may at their
option submit the cla im or dispute to either the original and exclusive jurisdiction of the
National Labor Relations Commission (NLRC), pursuant to Republ ic Act (RA) 8042
otherwise known as the Migrant Workers and Overseas Filipinos Act of 199 5, as
am ended , or to the original and exclusive jurisdiction of the VOluntary arbitrator or panel of
arbitrators. If there is no provision as to the voluntary arbitrators to be appOinted by the
parties, the same shall be appointed from the accredited voluntary arbitrators of the
National Conciliation and Mediation Board of the Department of Labor and Employment
The Philippine Overseas Employment Admi nistration (POEA) shall exercise original and
exclusive jurisdiction to hear and decide disciplinary action on cases , whi ch are
administrative in character, involving or arising out of violations of recruitment laws, rules
and regulations involving employers, principals, contracting partners and Filipino
seafarers.
SECTION 32.
SCHEDULE OF DISABILITY OR IMPEDIMENT FOR INJURIES
SUFFERED AND DISEASES INCLUDING OCCUPATIONAL DISEASES OR ILLNESS
CONTRACTED.
HEAD
Traumatic head injuries that result to:
1. Apperture unfilled with bone not over three (3) inches without brain injury .-_.-2. Unfilled with bone over three (3) inches without brain injury -----------------------3. Severe paralysis of both upper or lower extremities or one upper and one
lower e xtre m ity ----------------------------------------------------.-.---------------------------
Gr. 9
Gr. 3
Gr. 1
4.
Gr. 10
5.
Slight paralysis affecting one extremity producing slight difficulty with self-care
activities ------------------------------------------------------------------------------------------Severe mental disorder or Severe Complex Cerebral function disturbance or
post-traumatic psychoneurosis which require regular aid and attendance as to
render worker permanently unable to perform any work ----------------------------Moderate mental disorder or moderate brain functional disturbance which
limits worker to the activities of daily living with some directed care or
attendance --------------------------------------------------------------------------------------Slight mental disorder or disturbance that requires little attendance or aid and
which interferes to a slight degree with the working capacity of the claimant ---
Gr. 10
Gr. 1
6.
7.
8.
9.
Gr. 1
Gr.6
Gr. 10
FACE
1.
EYES
Blindness or total and permanent loss of vision of both eyes ----------------------2. Total blindness of one (1) eye and fifty percent (50%) loss of vision of the
other eye -----------------------------------------------------------------------------------------3. Loss of one eye or total blindness of one eye ------------------------------------------4. Fifty percent (50%) loss of vision of one eye -------------------------------------------5. Lag 0 ptha Imos, 0 n e eye ----------------------------------------------------------------------6. Ectro pi on, 0 ne eye ------------------------- ----------------------------- --------------------7. E phi phora, 0 ne eye -------------------------------------- ---------------------------------8. Ptos is, one eye -.------------------------------------------------------------------- ----------.-Note: (Smeller's Chart - used to grade for near and distant vision).
1.
17
Gr. 2
Gr.5
Gr. 9
Gr. 1
Gr.6
Gr. 12
Gr. 1
Gr. 5
Gr.7
Gr. 10
Gr. 12
Gr. 12
Gr.12
Gr. 12
Gr. 14
EARS
For the complete loss of the se nse of hearing on both ea rs ------------------------Loss of two (2) externa l ears ---------------------------------------------------------------Complete loss of the sense of hearing in one ear -------------------------------------Loss of one external ear ---------------------------------------------------------------------Loss of one half (1/2) of an external ear --------------------------------------------------
Gr. 3
Gr. 8
Gr. 11
Gr. t2
Gr. 14
NECK
1. Such injury to the throat as necessitates the wearing of a tracheal tube --------2. Loss of speech due to injury to the voca l cord -----------------------------------------3. Total stiffness of neck due to fracture or dislocation of the cervical pines ------4. Moderate stiffness or two thi rds (2/3) loss of motion of the neck ------------------5. Slight stiffness of the neck or one thi rd (1/3) loss of motion -------------------------
Gr. 6
Gr. 9
Gr. 8
Gr. 10
Gr. 12
1.
1.
2.
3.
4.
5.
1.
2.
3.
4.
5.
6.
7.
8.
9.
1.
2.
3.
4.
5.
6.
CHEST-TRUNK-SPINE
Fracture of four (4) or more ribs res ulti ng to severe limitation of chest ----------Fracture offour (4) or more ribs with intercostal neuralgia resulting in
moderate limitation of chest expansion --------------------------------------------------Slight limitation of chest expansion due to simple rib functional without
myosi tis or in te rcosta I ne uraIg ia -----------------------------------------------------------Fracture of the dorsal or lumber spines resu lting severe or total rigidity of the
trunk or total loss of lifting power of heavy objects ------------------------------------Moderate rigidity or two thirds (2/3) loss of motion or lifting power of the trunk
Slight rigidity or one third (1/3) loss of motion or lifting power of the trunk ------Injury to the spina l cord as to make walk ing impossible without the aid of a
pa ir of c rutc hes ---------------------------------------------------------------------------------Injury to the spinal cord as to make walking impossible even with the aid of a
pa i r of crutch es ---------------------------------------------------------------------------------Injury to the spina l cord resul ting to incontinence of uri ne and feces ------------ABDOMEN
Loss of the spleen ----------------------------------.------------------------------------------Loss of one kidney ----------------------------------------------------------------------------Severe residuals of impairment of intra-abdominal organs which requires
regular aid and attendance that wi ll unable worker to seek any gainful
employment -------------------------------------------------------------------------------------Moderate residuals of disorder of the intra-abdominal organs secondary to
trauma resulting to impairment of nutrition , moderate tenderness , nausea,
vomiting , constipa tion or diarrhea ---------------------------------------------------------Slight residuals or disorder of the intra-abdominal organs resulting in
impairment of nutrition, slight tenderness and/or constipation or diarrhea------Inguinal hernia seconda ry to traum a or strain ------------------------------------------18
Gr. 11
Gr. 11
Gr. to
Gr. 6
Gr.9
Gr. 12
Gr. 6
Gr. 8
Gr. 11
Gr.4
Gr. 1
Gr.1
Gr. 8
Gr.7
Gr. 1
Gr. 7
Gr. 12
Gr. 12
PELVIS
1.
2.
1.
2.
3.
4.
5.
6.
7.
8.
Fracture of the pelvic ri ngs as to totally incapacitate worker to work -------------Fracture of the pelvic ring resulting to deformity and lameness -------------------URINARY AND GENERATIVE ORGANS
Total 1055 of penis -----------------------------------------------------------------------------Total loss of both testicles ...................................
Total loss of one testicle ---------------------------------------------------------------------Scars on the penis or destruction of the parts of the cavernous body or
urethra interfering with erection or markedly affecting coitus ----------------------Loss of one breast ----------------------------------------------------------------------------Prolapse of the uterus ------------------------------------------------------------------------Great difficulty in urinating -------------------------------------------------------------------Inco nti nence of urine ------------------------------------------------------------------------
1.
2.
3.
4.
5.
6.
7.
8.
9.
1O.
11 .
HANDS
Total loss of use of both hands or amputation of both hands at wrist jOints or
above -------------------------------------------------------------------------------------------2. Amputation of a hand at carpo-metacarpa l joints -------------------------------------3. Amputation between wrist and elbow joint ----------------------------------------------1.
19
Gr, 1
Gr, 6
Gr. 7
Gr. 7
Gr. 11
Gr. 9
Gr.11
Gr. 13
Gr. 13
Gr. 10
Gr. 9
Gr. 10
Gr. 10
Gr. 11
Gr. 11
Gr. 12
Gr. 12
Gr. 13
Gr. 13
Gr. 14
Gr. 6
Gr. 6
Gr. 7
Gr. 8
Gr. 9
Gr. 9
Gr. 10
Gr.3
Gr. 1
Gr. 5
Gr. 5
4.
Loss of grasping power for sma ll objects between the fold of the finger of one
hand -------------------------------------------- ---------------------------------------------------5. Loss of grasping power for large objects between fingers and palm of one
hand -----------------------------------------------------------------------------------------------6. Loss of opposition between th e th umb and ti ps of the fi ngers of one hand ----7. Ankyclosed wrist in normal pos ition -------------------------------------------------------8. Ankyclosed wrist in position one th ird (1/3) flexed or half extended and/or
severe limited acti on of a w ri st --------------------------------------------------------------
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
LOWER EXTREMITIES
1. Loss of a big toe -------------------------------------------------------------------------------_
2. Loss of a toe other than the big one ------------------------------------------------------3. Loss of ten (10) digits of both feet ---------------------------------------------------------4. Loss of a great toe of one foot + one toe ------------------------------------------------5. Loss of two toes not including great toe or next to it ---------------------------------6. Loss of three (3) toes excludi ng great toe of a foot -----------------------------------7. Loss of four (4) excluding grea t toe of a foot -------------------------------------------8. Loss of great toe and two (2) other toes of the same foot --------------------------9. Loss of five digits of a foot -------------------------------------------------------------------10. Loss of both feet at an kle joint or above -------------------------------------------------11 . Loss of one foot at ank le joint or above ---------------.-----------------------------_____ _
12. Depression of the arch of a foot res ulti ng in weak foot ------------------------------13. Loss of one half (1/2) metatarsus of one (1) foot ------------------------------------__ _
14. Loss of whole metatarsus or fo repart of foot -------------------------------------------15. Tearing of achilles tendon resu ltin g in th e impairment of active flexion and
extens ion of a foot ----- -----------------------------------------------------------------------------16. Malleolar fracture with displacement of the foot inward or outward ---------------17. Complete immobility of an ankl e joint in abno rmal position -----------------------.-18. Complete immobility of an an kle join t in normal position ----------------------------19. Tota l loss of a leg or amputation at or above the knee --------------------------------
20
Gr. 10
Gr. 10
Gr 9
Gr 10
Gr 11
Gr 11
Gr 10
Gr 11
Gr 7
Gr. 8
Gr9
Gr 6
Gr 9
Gr. B
Gr. B
Gr. 11
Gr. 11
Gr 10
Gr. 1
Gr 3
Gr. 4
Gr14
Gr 12
Gr. 14
Gr5
Gr 10
Gr 12
Gr. 10
Gr 9
Gr9
GrB
Gr 1
Gr6
Gr 12
Gr. 8
Gr7
Gr. 12
Gr
Gr
Gr.
Gr
10
10
11
3
20. Stretching leg of the ligaments of a knee resulting in instability of the joint -----21 . Ankylosis of a knee in genuvalgum of varum -------------------------------------------22 . Pseudoarthrosis of a knee cap -------------------------------------------------------------23. Complete immobility of a knee joint in full extension ----------------------------------24. Complete immobility of a knee joint in strong flexion ---------------------------------25. Complete immobility of a hip joint in flexion of the thigh -----------------------------26. Comp lete immobility of a hip joint in full extension of the thigh --------------------27. Slight atrophy of ca lf of leg muscles without apparent shortening or joint
lesion or disturbance of weight-bearing line --------------------------------------------------28. Shortening of a lower extremity from one to three centimeters with either joint
lesion or disturbance of weight-bearing joint -------------------------------------------------29. Shortening of 3 to 6 em with slight atrophy of calf or thigh muscles --------------30. Shorteni ng of 3 to 6 cm with either jOint lesion or disturbance of weightbe ari n g joi nt ------------------------------------------------------------------------------------------31 . Irregular union of fracture with joint stiffness and with shortening of 6 to 9 cm
prod uci ng pe rma ne n t Iame ness -----------------------------------------------------------------32. Irregular union of fracture in a thigh or leg with shortening of 6 to 9 cms --------33. Failure of fracture of both hips to unite ---------------------------------------------------34. Failure of fracture of a hip to unite --------------------------------------------------------35. Paralysis of both lower extremities --------------------------------------------------------36. Paralysis of one lower extremity -----------------------------------------------------------37 . Scar the size of a palm or larger left on an extremity ----------------------------------
Gr. 10
Gr 10
Gr. 10
Gr. 10
Gr. 7
Gr. 5
Gr 9
Gr. 13
Gr13
Gr 12
Gr 11
Gr9
Gr 10
Gr. 1
Gr. 3
Gr 1
Gr. 3
Gr. 14
NOTE: Any item in the schedule classified under Grade 1 shall be considered or shall
constitute total and permanent disability.
IMPEDIMENT
x
x
x
x
x
x
x
x
x
x
x
x
x
x
US$ 50 ,000
"
7
8
9
10
11
12
13
14
"
"
"
"
120.00%
88.81 %
78.36%
68.66%
58.96%
50.00%
41 .80%
33.59%
26.12%
20.15%
14.93%
10.45%
6.72%
3.74%
To be paid in Phil ippine Currency equivalent at the exchange rate prevailing during the time of payme
21
NATURE OF EMPLOYMENT
Work involving exposure to
alphanapthyylamine, betanaphathylamin, or benzidine of any part
of the salts; and auramine or magenta
he use or handling of, exposure to
tar, pitch, bitumen, mineral oil
(including paraffin) soot or any
compound product or residue of any
of these substances
2. Cancer, epitheliomatous or
ulceration of the skin or of the corneal
surface of the eye due to tar, pitch,
bitumen, mineral oil or paraffin, or
compound product or residue of these
substances
3. Deafness - severe profound hearing
loss in an occupation where employee
is exposed to prolonged, significant
noise and vibration in his line of w ork
4. Decompression sickness
a. Caissons disease
Any
industrial
operation
excessive noise particularly
higher frequencies
having
in the
b. Aeroembolism
Dermatitis due to irritants and
sensitizers
6. Infections
Pneumonia
Bronchitis
Sinusitis
Pulmonary TB
Anthrax
Cellulitis
Conjunctivitis (Bacterial and Viral)
Norwalk Virus
Salmonella
5.
22
Leptospirosis
Malaria
Otitis Media
Tetanus
Viral Encephalitis
Including other in f ections resu lting in
complications
necessit ating
repatria tion .
7.
Ionizing
radiation
disease,
inflammation, ulceration or malignant
c.
ravs.
8.
f.
Carbon dioxide
g. Carbon bisulfide
h. Carbon monoxide
i.
Chlorine
j.
I.
Halogen
derivatives
of
hydrocarbon of the aliphatic
series
n. Man ganese
compounds
or
its
p. Nitrous fumes
q. Phosgene
r. Phosphorous
compounds
or
its
toxic
s. Sulfur dioxide
24
c.
in a patient not known to have
hypertension or diabetes as indicated
on his last PEME
25
c.
in a patient not known to have
hypertension or diabetes as indicated
on his last PEME
b.
In a patient not known to have
hypertension has the following on
his last PEME: normal BP, normal
CXR and ECGltreadmill
26
Secondary
exposure
to
prolonged
benzene
Secondary
exposure
to
prolonged
benzene
breeze
18.
Vitreal hemorrhage and retinal
Caused by th e strain upon lifting of
detachment
heavy loads
19. Hernia . All of the following conditions must be met:
a. The hernia should be of recent origin;
b. Its appearance was accompanied by pain, discoloration and evidence of a
tearing of the tissues;
c. The disease was immediately preceded by undue or severe strain arising out of
and in the course of employment; a protrusion of mass should appear in the
area immediately following the alleged strain.
20. Bronchial Asthma - all of the following conditions must be met:
a. there is no evidence or history of asthma before employment
b. the allergen is present in the working conditions
c. sensitivity test to allergens in the working environment should yield pos itive
results
27
In addition to working conditions already listed under Philippine Decree No. 626, as
amended, any occupation involving exposure to a source of infection through
ingestion of water, milk or other foods contaminated with hepatitis virus; provided
that the physician determining the causal relationship between the employment and
the illness should be able to indicate whether the disease of the afflicted worker
manifested itself while he was so employed, knowing the incubation period thereof.
24. Asbestosis. All of the following conditions must be met:
a. The seafarer must have been exposed to Asbestos dust in the work place, as
duly certified to by the employer, or by a medical institution, or competent
medical practitioner acceptable to or accredited by the System;
b. The chest X-ray report of the employee must show findings of asbestos or
asbestos-related disease, e.g. pleural plaques , pleural thickening, effusion,
neoplasm and interstitial fibrosis; and
c. In case of ailment is discovered after the seafarer's retiremenUseparation from
the company, the
claim must be filed with the System within three (3) years from discovery.
NOTE: Death or disability w hich is d irectly ca used by sexually t ransmitted disease
or arose from complicatiof"!s thereof s hall not be compensable nor shall be entitied
to the benefits provided in this Contract.
SECTION 33.
PENALTIES
28
A. Purs uant to Section 17 and 18 of the Contract, the disciplinary groun ds listed in
the Tabl e of Offenses and Adm inistrative Penalties hereunder or analogous acts
th ereto sh all be penalized ac cord ing to its gravity and frequency of
commission, imposed by the Master of the ship, Such offenses shall be
penalized as ind icated.
B. Comm issio n of a seafarer of any of the offenses enum erated in the Tab le of
Offenses and Administrat ive Penalties hereunder o r of similar offenses s hall be
ground fo r d isciplinary admin is trati ve action at th e POEA where the fo llowi ng
co rrespo ndin g penalty sh all be imposed .
c.
OFFENSES
AGREED
ADMINISTRATIVE
PENALTIES
(IMPOSED BY THE
MASTER)
AGREED
ADMINISTRATIVE
PENALTIES
(IMPOSED BY POEA AFTER
DUE INVESTIGATION)
1. Smuggling or violation of
any custom rules and
regulations of the
Philippines and of foreig n
ports
1st Offense One (1) year to
two (2) years suspension
2'" Offense Two (2) years
and one (1) day suspension
to delisting
b. possession or use of
prohibi ted drugs, narcotics
and other contraband
c. gun.running or
possession of explosives
and the like
e. misdeclara tion of or
fa iling to declare articles
leading to their seizure and
fine to ship
29
to delisting
f. misdeclaration of or
failing to declare articles
leading to their seizure but
ship not implicated
g. possession of
pornographic materials
leading to its seizure and
fine to ship
h. possession of child
pornography
materials leading to its
seizure and fine to ship
a. deserting or
attempting to desert
1s l 0ffense. Oelisting
b. advising , assisting or
persuading another to
desert
2. Desertion
30
c. Entrusting to others
assigned duties
without authority of
department head
4. Sleeping on post wh il e on
duty
5. Insubordination
a. any act of
disobedience to lawful
orders of a superior
officer
b. attempting to assault
a superior officer
31
d. assaulting a superior
officer/other persons
on business with the
ship with the use of
deadly weapon
e. behaving with
disrespect towards a
superior officer
f. insulting a superior
b. creating trouble on
c , assaulting a superior
officer/other persons on
business with the ship
without the use of deadly
weapon
g. inciting another to
commit insubordination
6. Drunkenness
32
and warning
2nd Offense: Dismissal
c. failure to perform
assigned jobs due to
intoxication
yea rs suspension
1s Offense: Reprimand
and warning
2nd Offense:
Dismissal
and
to pay cost of
repatriation and cost of his
replacement
to delistino
1 S Offense: Six (6) months to
one (1) year suspension
3'" Offense:
to delistino
8. Gambling
a . whi ch results in
fighting or any incident
as to upset the
harmonious relationship
on board the sh ip
st
Dismissal and to pay cost 1 Offense: One (1) year to
of repatriation and cost of two (2) years suspension
2"" Offense: Two (2) years
his replacement
and one (1) day suspension
to delisting
3'" Offense:
to delistinq
9. Violation of company
policies and regulations for:
a. pilferage or theft of
ship's sto re or cargo
b. pilleraqe or theft of
Dism issal and to pay cost 1" Offense: One (1) year to
of repatriation and cost of two (2) years suspension
his re placement
2"" Offense: Two (2) years
and one (1) day suspension
to delisting
sh ips property , of crews of repatriation and cost of l' Offense: One (1) year to
two (2) years suspension
or p assengers or oth er his replacement
pers ons with busines s at
2"" Offense: Two (2) years
the ship.
and one ( 1) day suspension
delisting
to
c.
embezzlement
company funds
of
d . unauthorized
disposal of company
ship 's properties for
personal gain
h. failure to observe
regulation s on expi ration of
shore liberty
34
employment program
2"" Offense: One (1) year
and one (1) day to two (2)
years suspension
3" Offense. Two(2) years
j. disorderly conduct
and/or disrespect towards
passengers o r other
persons
k. for immorality so as to
cast aspersion on the good
name of the ship and
company
11 . Inciting mutiny,
malicious destruction of
ship's prooertv at any
b. grave abuse of
authority (without the use of
deadly weapon) resu lting in
harm or injury to
subordinate
1$ offense: Reprimand
and warning
2nd offense: Dismissal and
to pay cost of repatriation
and cost of his
rep lacement
Master's discretion (grave
or less grave, depending
on circumstances)
a. grave abuse of
authority (with the use of
deadly weapon) resulting in
harm or inj ury to
subord inate
36
ship
20 . Violation to observe
safety and environmental
rules/ regulations
to delisting
1" Offense: One (1) year to
to dell sting
21 . Failure to observe the
drug and alcohol policy of
the company
s
1 Offense One (1) year to
two (2) years sus pension
2"" Offense
to delisti ng
This contract is pursuant to Governing Board Resolution No. 09 and POEA M emorandum
C ircular No. ~ , both series of 2010 .
37