BusinessMirror Editorial: A law that benefits all Pinoy seafarers

A law that benefits all Pinoy seafarers
BusinessMirror Editorial May 2, 2023 https://businessmirror.com.ph/2023/05/02/a-law-that-benefits-all-pinoy-s...

The Philippine Overseas Employment Administration says a “seafarer refers to any person who is employed or engaged in any capacity on board a seagoing ship navigating the foreign seas other than a government ship used for military or non-commercial purposes. The definition shall include fishermen, cruise ship personnel and those serving on foreign maritime mobile offshore and drilling units.”

The House of Representatives recently passed House Bill (HB) 7325, dubbed “Magna Carta of Filipino Seafarers”, which seeks “to provide our seafarers with comprehensive protection before, during and after employment, especially in the event of maritime accidents, epidemics or pandemics, or other natural or man-made crises.”

“Our seafarers are our unsung heroes. Almost 400,000 of them are on board merchant shipping vessels around the world at any given time. They are not only a source of income for the country through their remittances but also a source of pride,” Speaker Ferdinand Martin G. Romualdez said.

The proposed law mandates that the standard employment contract of seafarers will be reviewed and approved by the Department of Migrant Workers to ensure that the terms adhere to the rights of seafarers as laid down in the law. It also gives the DMW secretary, or her duly authorized representative, access to foreign-registered ships and Philippine-registered vessels operating internationally to conduct inspection to ensure compliance with working and living standards of seafarers as provided under their contract.

At the core of this proposed landmark legislation, according to Kabayan Partylist Rep. Ron P. Salo, is the protection of the rights and the promotion of the welfare of Filipino seafarers. Salo chairs the House Committee on Overseas Workers Affairs. “By codifying relevant seafarers’ rights and duties, the proposed law shall seek to ensure better working conditions, meaningful qualifications, and other measures that will improve their situation at work,” he added.

A labor group, however, urged lawmakers on Thursday to scrap an escrow provision under HB 7325 for being unconstitutional and unnecessary. In a joint news conference with the Association of Marine Officers and Ratings, the Federation of Free Workers (FFW) said the escrow provision violates the equal protection clause of the Constitution. (Read, “Escrow provision under proposed magna carta bill for seafarers hit,” in the BusinessMirror, April 28, 2023).

Section 51 of HB 7325 said that the monetary award for seafarers from the National Labor Relations Commission will be deposited to an escrow account until the “issuance of judgment by the appropriate reviewing court or when the employer or manning agency fails to perfect the appeal or petition for review.” FFW President Sonny Matula said the provision is discriminatory since no such provision applies for the claims of local workers or land-based overseas Filipino workers. Matula said the controversial provision will condemn seafarers to years of legal battle with their manning agencies or employers before they could benefit from their claims.

Migrante International rejects the watered-down version of “Magna Carta of Filipino Seafarers” recently passed by the House of Representatives as House Bill 7325. “We say no to HB 7325, an anti-seafarer bill! This bill is a travesty on the rights of seafarers. It excludes fishers, does not provide for security of tenure, excludes domestic seafarers in many important provisions and, worse, includes an anti-seafarer provision on Escrow (Section 51),” Migrante said. “HB 7325 is a far cry from the original bill supported by Migrante International, which is HB 4438 proposed by Hon. Arlene Brosas of Gabriela Women’s Party and Makabayan Bloc. Under said bill, fishers are included, all domestic seafarers are covered, and there is a guarantee on the security of tenure of all seafarers who have worked for at least one year in one company. No wonder, even one of the proponents of the Magna Carta, Hon. Brosas, voted “no” in the final reading of the watered-down bill, HB 7325.” The intention of the proposed law is clear: HB 7325 seeks to ensure better working conditions for Filipino seafarers. Unfortunately, the measure excludes fishers and domestic seafarers, who also have existing rights under Philippine laws.

The Philippine Overseas Employment Administration says a “seafarer refers to any person who is employed or engaged in any capacity on board a seagoing ship navigating the foreign seas other than a government ship used for military or non-commercial purposes. The definition shall include fishermen, cruise ship personnel and those serving on foreign maritime mobile offshore and drilling units.”

The House of Representatives recently passed House Bill (HB) 7325, dubbed “Magna Carta of Filipino Seafarers”, which seeks “to provide our seafarers with comprehensive protection before, during and after employment, especially in the event of maritime accidents, epidemics or pandemics, or other natural or man-made crises.”

“Our seafarers are our unsung heroes. Almost 400,000 of them are on board merchant shipping vessels around the world at any given time. They are not only a source of income for the country through their remittances but also a source of pride,” Speaker Ferdinand Martin G. Romualdez said.

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The proposed law mandates that the standard employment contract of seafarers will be reviewed and approved by the Department of Migrant Workers to ensure that the terms adhere to the rights of seafarers as laid down in the law. It also gives the DMW secretary, or her duly authorized representative, access to foreign-registered ships and Philippine-registered vessels operating internationally to conduct inspection to ensure compliance with working and living standards of seafarers as provided under their contract.

At the core of this proposed landmark legislation, according to Kabayan Partylist Rep. Ron P. Salo, is the protection of the rights and the promotion of the welfare of Filipino seafarers. Salo chairs the House Committee on Overseas Workers Affairs. “By codifying relevant seafarers’ rights and duties, the proposed law shall seek to ensure better working conditions, meaningful qualifications, and other measures that will improve their situation at work,” he added.

A labor group, however, urged lawmakers on Thursday to scrap an escrow provision under HB 7325 for being unconstitutional and unnecessary. In a joint news conference with the Association of Marine Officers and Ratings, the Federation of Free Workers (FFW) said the escrow provision violates the equal protection clause of the Constitution. (Read, “Escrow provision under proposed magna carta bill for seafarers hit,” in the BusinessMirror, April 28, 2023).

Section 51 of HB 7325 said that the monetary award for seafarers from the National Labor Relations Commission will be deposited to an escrow account until the “issuance of judgment by the appropriate reviewing court or when the employer or manning agency fails to perfect the appeal or petition for review.” FFW President Sonny Matula said the provision is discriminatory since no such provision applies for the claims of local workers or land-based overseas Filipino workers. Matula said the controversial provision will condemn seafarers to years of legal battle with their manning agencies or employers before they could benefit from their claims.

Migrante International rejects the watered-down version of “Magna Carta of Filipino Seafarers” recently passed by the House of Representatives as House Bill 7325. “We say no to HB 7325, an anti-seafarer bill! This bill is a travesty on the rights of seafarers. It excludes fishers, does not provide for security of tenure, excludes domestic seafarers in many important provisions and, worse, includes an anti-seafarer provision on Escrow (Section 51),” Migrante said. “HB 7325 is a far cry from the original bill supported by Migrante International, which is HB 4438 proposed by Hon. Arlene Brosas of Gabriela Women’s Party and Makabayan Bloc. Under said bill, fishers are included, all domestic seafarers are covered, and there is a guarantee on the security of tenure of all seafarers who have worked for at least one year in one company. No wonder, even one of the proponents of the Magna Carta, Hon. Brosas, voted “no” in the final reading of the watered-down bill, HB 7325.” The intention of the proposed law is clear: HB 7325 seeks to ensure better working conditions for Filipino seafarers. Unfortunately, the measure excludes fishers and domestic seafarers, who also have existing rights under Philippine laws.

The Senate has yet to pass its own version of the “Magna Carta of Filipino Seafarers.” It would do well for our senators to rectify an oversight on the part of the House of Representatives in the proposed law, and include our fishers and domestic seafarers who are already accorded the rights to be treated as seafarers under the POEA Rules and Regulations.