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Amendments to the POEA Contract Standard Terms and Conditions | Philippine Shipping Update | Manning Industry



UPDATE as of 19 January 2021






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The 2018 Amendments to the Code of the Maritime Labor Convention (MLC) 2006 mandates the inclusion of certain provisions in the Standard Terms and Conditions Governing the Overseas Employment of Filipino Seafarers On-Board Ocean-Going Ships concerning the seafarer’s employment agreement which shall continue to have effect while a seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships, among others.

 

In compliance with the above-cited 2018 MLC Amendments, the POEA issued Memorandum Circular No. 34, Series of 2020 which amends the POEA Standard Terms and Conditions as follows:


Under “Definition of Terms”, piracy and armed robbery against ships are now incorporated and defined.


Under Section 2 of the POEA Contract (Commencement/Duration of Contract), another provision was added to state that the seafarer’s employment agreement shall continue to have effect while a seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships, regardless of whether the date fixed for its expiry has passed or either party has given notice to suspend or terminate it.


Under Section 6 of the POEA Contract (Wages), another provision was included which states that where a seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships, wages and other entitlements under the seafarers’ employment agreement, relevant CBA or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, whether the seafarer dies while in captivity, until the date of death as determined in accordance with applicable national laws or regulations.


Under Section 19 of the POEA Contract (Repatriation) letter H was amended and now states that the entitlement to repatriation may lapse if the seafarer concerned does not claim it within a reasonable period of time to be defined by national laws or regulations or collective agreements, if applicable; except where the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships.


 

In addition to the above, the one-page employment covering contract was likewise amended to make reference to the POEA Memorandum Circular No. 34.

 

The amendments have taken effect last 26 December 2020.


The Philippine Overseas Employment Administration is an agency of the Government of the Philippines responsible for opening the benefits of the overseas employment program of the Philippines.


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Note:

This article aims to provide commentary on issues affecting the manning industry, analysis of recent cases and updates on legislation.  It is meant to be brief and is not intended to be legal advice.  To subscribe or for further information, please email ruben.delrosario@delrosario-pandiphil.com

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Source: 

By:  Ruben Del Rosario, President, Del Rosario Pandiphil Inc., 5 January 2021 (Issue 2021/01)

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