DMW Department Circulars DMW-DC-07-2026DMW-DC-07-2026 2026-06-08

DMW-DC-07-2026 — 2026 DMW Standard Terms and Conditions Governing Overseas Filipino Seafarers, which shall take effect on 3 July 2026

Department of Aligrant Morkers Blas F. Ople Building, Ortigas Avenuc cor. EDSA, Mandaluyong City 1550 Republic of the Philippines

Nanc Er 0V. Hotlines: 872 1152, 8722 1155, 8822 1159, 8724 3665 ACONC PILIPINAS

DEPARTMENT CIRCULAR NO. 0 7

STANDARD TERMS AND CONDITIONS GOVERNING OVERSEAS FILIPINO PROMULGATING THE 2026 DEPARTMENT OF MIGRANT WORKERS

SEAFARERS

WHEREAS, Republic Act (R.A.) No. 11641, or the Department of Migrant Workers Act, was signed into law on 30 December 2021 and took effect on 03 February 2022

WHEREAS, the DMW is the primary agency under the Executive Branch of the Overseas Filipino Workers (OFWs), including Filipino seafarers who are engaged, employed, or who work in any capacity on board a ship or vessel plying international waters, whether Philippine-registered or foreign-registered; Philippine government tasked to protect the rights and promote the welfare of

the rights and promote the welfare of OFWs and their families by, among others, WHEREAS, Section 2 of R.A. No. 11641 declares it the duty of the State to protect obtaining the best possible conditions of work that uphold the dignity of OFWs;

to regulate the recruitment, employment, and deployment of OFWs; WHEREAS, Section 6(b) of R.A. No. 11641 states that the DMW shall have the power

WHEREAS, R.A. No. 12021, or the Magna Carta of Filipino Seafarers, was signed into law on September 23, 2024 and took effect on October 12, 2024;

WHEREAS, Section 2 of R.A. No. 12021 mandates the State to secure decent working employment; promote their skills and competencies; regulate operations of manning administrative, adjudicative, and social and welfare services for seafarers and their families; and living conditions for seafarers; standardize the terms and conditions of their agencies; incentivize maritime stakeholders; establish and enhance mechanisms for

WHEREAS, Section 8(c) of R.A. No. 11641 provides that the Secretary shall have the power to issue orders, directives, rules, regulations, and other issuances, upon due pursuant to the provisions of R.A. No. 11641, and exercise such other powers as may consultation with the stakeholders, to carry out policies, plans, programs, or projects be required to implement and realize the objectives of the said law;

12021, there is a need to create a unified contract embodying the minimum terms and WHEREAS, by virtue of Section 8(c) of the DMW Act and the enactment of R.A. No conditions of employment of overseas Filipino seafarers for the protection of their rights and promotion of their welfare;

DEPARTMENT OF MIGRANT WORKERS Date: June 08, 2026 RECEIVED By:RICHIE M.GUEVARRA eneral Services Division Administrative Servic Time: 11:15 A.M. CONTROLLED AND DISSEMINATED By: DMW General Services Division on June 08, 2026

NOW THEREFORE, in consideration of the foregoing, and with the consensus of all stakeholders after a series of tripartite consultations, the DMW hereby issues and promulgates the attached Standard Employment Contract Governing Overseas Filipino Seafarers.

general circulation. This Circular shall take effect fifteen (15) days after publication in a newspaper of

Issued on the 7th of June 2026, in Quezon City, Philippines.

HANS LEO J.CACDAC Secretary

By: DMW General Services Division on _ June 08, 2026 CONTROLLED AND DISSEMINATED

STANDARD EMPLOYMENT CONTRACT GOVERNING OVERSEAS FILIPINO SEAFARERS (SEC-S)

SECTION 1. COVERAGE

This Contract shall cover Filipino seafarers who are engaged, employed, or who work in any capacity on board a ship or vessel plying international waters, whether Philippine-registered or foreign-registered.

SECTION 2.DEFINITION OF TERMS

For purposes of this Contract, the following terms are defined as follows:

1 Abandonment - refers to a situation where, in violation of the terms of the employment

contract, the shipowner:

a. Fails to cover the cost of theseafarer's repatriation; r

b. Has left the seafarer without the necessary maintenance and support, which include board the ship and necessary medical care; or adequate food, accommodation, drinking water supplies, essential fuel for survival on

c. Has otherwise unilaterally severed its ties with the seafarer, including failure to pay contractual wages for a period of at least two(2) months;

2 Allottee - refers to any person/s named or designated by the seafarer as the recipient of remittance to the Philippines.

3 Allotment -- refers to the amount of remittance to be received by the seafarer's allottee/s

which shall be at least eighty percent (80%) of the seafarer's monthly salary. Monthly salary consists of the basic wage plus fixed or guaranteed overtime.

4. Armed robbery against ships -- shall refer to any illegal act of violence or detention or any internal waters, archipelagic waters and territorial sea, or any act inciting or intentionally act of depredation, or threat thereof, other than an act of piracy, committed for private ends and directed against a ship or against persons or property on board such ship, within a State's facilitating an act described above

D Basic Wage -- refers to the salary of the seafarer exclusive of overtime, leave pay, and other allowances and benefits.

6. the Civil Code of the Philippines, as amended. Beneficiary(ies) --refers to the person(s) to whom the death compensation and other benefits due under the employment contract are payable in accordance with rules of succession under

I Bullying -- is a form of harassment that includes hostile or vindictive behavior, which car

a group of people or an individual may become threatened or intimidated because of the negative or hostile behavior of another group of people or individual. cause the recipient to feel threatened or intimidated. it results in a work environment in which

8. Collective Bargaining Agreement (CBA) - refers to the negotiated contract between a to a document which sets out standards, terms, and conditions of employment applicable to representative and the shipowner. legitimate labor organization and the shipowner or principal concerning wages, hours of work and all other terms and conditions of employment onboard the vessel or ship. It can also refel overseas seafarers negotiated and agreed between the overseas seafarer's authorized

9. Compassionate Ground -- refers to incidence of death of an immediate member of the seafarer's family which includes his/her parents, spouse, or children.

10. Convenient Port -- any port where it is practicable, economical, safe, and convenient to repatriate the seafarer.

11. Dental Treatment -- covers tooth extraction, or dental surgery if necessary, due to accident.

12. Departure -- refers to the actual departure from the point of hire of the seafarer through air. sea, or land travel transport to join his/her ship at a Philippine or foreign port.

13. Employment Contract - refers to the agreement between a Filipino seafarer and principal/shipowner that establishes their employer-employee relationship including the terms thereof;

14.Grievance - refers to any issue or complaint raised by a seafarer concerning the interpretation or implementation of this Standard Employment Contract (SEC), the CBA, applicable personnel policies, or any other employment-related dispute or controversy.

15. Harassment -- is a form of discrimination which has the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.

16. Hours of Rest -- refers to the seafarer's normal resting hours which shall not be less than ten (10) hours in any twenty-four (24)-hour period and seventy-seven (77) hours in any seven (7) day period

in iength, and the interval between the two (2) periods of rest shail not exceed fourteen (14) The hours of rest are divisible in two (2) periods, one (1) of which shall be at least six (6) hours hours.

17. Hours of Work -- refers to the seafarer's normal work hours which shall not exceed fourteen (14) hours in any twenty-four (24)-hour period and seventy-two (72) hours in any seven (7) day period.

18. International Maritime Convention or International Convention - refers to any written treaty or agreement, or any protocol or amendment thereto, affecting the maritime industry. 2006), as amended. which has come into force and effect, including the Maritime Labour Convention 2006 (MLC

19. Legitimate Labor Organization of Seafarers -- is any union or association of Filipino seafarers that exists in whole or in part for the purpose of collective bargaining, mutual aid, interest, cooperation, protection, or other lawful purposes, registered or reported with the Department of Labor and Employment (DOLE) in accordance with the rules and regulations of DOLE

20. Licensed Manning Agency (LMA) -- refers to a natural or juridical person duly licensed by representative, to engage in the recruitment and placement of seafarers. the Secretary of the Department of Migrant Workers (DMW), or the latter's duly authorized

21. Maritime accident -- refers to any unforeseen occurrence or physical event connected to the or cargo on board such ships which may result in the detention of seafarers. navigation, operations, maneuvering, or handling of ships, machinery, equipment, material,

22. Master/Captain -- refers to the person having command of a ship and who also acts as the shipowner's representative in accordance with international maritime conventions or agreements.

23. Officer - refers to a member of the crew, other than the master/captain, who has been collective agreement or custom. designated as such by national law or regulation, or in the absence of such designation, by

24. Piracy -- shall refer to maritime piracy as defined under the United Nations Convention on the Law of the Sea (UNCLOS), 1982.

25. Philippine Port -- refers to any Philippine airport or seaport.

26. Place of domicile -- refers to the home address of the seafarer as declared in the standard employment contract or contract of employment.

27. Point of Hire -- refers to the place indicated in the standard employment contract or contract of the contract. of employment, which shall be the basis for determining the commencement and termination

The commencement of a contract is upon the seafarer's actual departure from the Philippine airport or seaport at the point of hire. Likewise, the termination of the contract is upon the seafarer's actual arrival in the Philippine airport or seaport at the point of hire

28. Pre-existing illness -- refers to any illness, disease, condition, or pathological abnormality that exists prior to the commencement of this Contract, whereby a duly licensed physician or medical specialist has diagnosed and prescribed the treatment for such illness, disease condition, or pathological abnormality suffered by the seafarer prior to the conduct of a Pre- Employment Medical Examination (PEME), and such illness, disease, condition, or pathological abnormality cannot be diagnosed during the PEME.

29. Relevant information - refers to the information, including the terms and conditions of employment, company policies affecting seafarers, and conditions and realities attending to their profession, that must be readily available, accessible and furnished to the seafarer upon Magna Carta of Filipino Seafarers. proper request, in accordance with Sections 10 and 20 of Republic Act (RA) No. 12021 or the

30. Repatriation -- refers to the process of returning a seafarer, seafarer's remains, or personal domicile, at the option of the seafarer or the seafarer's next of kin. seafarer, or their remains, shall be repatriated to the point of hire or the seafarer's place of effects to the point of hire. In case of permanent or temporary incapacity, or death, the

31. Seafarer -- refers to a Filipino who is engaged, employed, or working in any capacity on board a ship covered under RA No.12021

32. Shipowner/Principal/Employer/Company - refers to the owner of the ship employing Filipino seafarers or any other organization or person, such as the manager, agent, or on behalf of the shipowner of the ship from the shipowner and who, in assuming such responsibilities, has agreed to take over all the attendant duties and responsibilities of a shipowner under RA No. 12021, bareboat charterer, who has assumed the responsibility for the operation and managemen regardless of whether any other organization or person fulfills certain duties or responsibilities

33. Shipwreck - refers to the damage or destruction of a ship at sea caused by collision, allision rendering the ship absolutely unable to pursue her voyage. storm, grounding, weapons of war or any other armament, or any other peril at sea or in port

34. Work-related death -- refers to death of the seafarer from work-related injury or illness occurring between the date of commencing duty and the date upon which they are deemed duly repatriated, or arising from their employment between those dates.

35. Work-reiated iliness - any sickness resuiting to disability or death as a resuit of an occupational disease listed under Section 36-B (Occupational Diseases/Ilinesses) of this Contract or the CBA with the conditions set therein satisfied.

36. Work-related injury -- refers to injury/injuries resulting to disability or death of the seafarer duly repatriated, or arising from their employment between those dates. occurring between the date of commencing duty and the date upon which they are deemed

SECTION 3. DUTIES

A. Duties of the Shipowner/Principal/Employer/Master/Company:

1. To faithfully comply with the stipulated terms and conditions of this Contract, particularly the prompt payment of wages, remittance of allotment, provision of relevant information claims of the seafarer. including pertinent medical records of the seafarer, and the expeditious settlement of valid

2. To extend coverage to the seafarers under the Philippine Social Security System (SsS)

the minimum benefits of the seafarers from the SSS, PhilHealth, ECC, and Pag-IBIG Fund. Philippine Health Insurance Corporation (PhilHealth), Employees' Compensation Commission (ECC) and Home Development Mutual Fund (Pag-IBIG Fund), in prejudice to multilateral or bilateral agreements that are more beneficial to the Filipino provided by the flag state. Such benefits shall be supplementary and shall not diminish accordance with their respective charters, implementing rules and regulations, without seafarers entered into by the Philippine government with other countries including benefits

3 To ensure that the seafarer has undertaken the required PEME performed by a

Seafarers (MFOWS) at the employer's expense, whatever the results of such examination and has been issued with a certification stating that the seafarer has met the minimum health requirements for performing duties and is physically and mentally fit to work. Department of Health (DOH)-accredited Medical Facility for Overseas Workers and

4 To make operational on board the ship the grievance machinery provided in this Contract and ensure its free access at all times by the seafarer.

5. 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.

6. To provide a workplace conducive to the promotion and protection of the health and safety 48, and 49 of RA No. 12021. of the seafarers in accordance with the standards and guidelines in Title 4 of the International Labour Organization (ILO) MLC 2006, as amended, and Sections 45, 46, 47.

7. To provide an expeditious and effective financial security system to assist seafarers in the event of their abandonment and to assure compensation for contractual claims in the event of work-related sickness, injury, or death occurring while they are serving under a seafarer's employment contract, or arising from their employment under such agreement.

8. To immediately inform the seafarer's family or next of kin in case of critical incidents, such as accidents or deaths on board or offshore, piracy, abandonment of vessel, missing seafarers and other similar cases, and to furnish them with copies of any reports, action/s taken, and plans with regard to remedies, mitigation, or repatriation.

9. To adopt policies for the protection of seafarers against discrimination, both onboard and during their application for employment, which shall include policies for the conduct of continuous awareness programs on gender sensitivity and anti-discrimination for seafarers.

10. To adopt policies for the protection of all crew members against harassment, bullying, and other workplace violence, including but not limited to creating a culture of safe space while onboard the vessel, and to provide clear, safe and effective complaints procedures.

11. To immediately notify the seafarer's next of kin in case of any medical incident that requires a doctor's medical attention.

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 37 (Table of Offenses and Corresponding Administrative Penalties) of this Contract.

2. To abide by the Code of Discipline as provided in the DMW rules and regulations governing overseas contract workers, the Code of Ethics for Seafarers, and the lawful and reasonable company personnel policies and procedures.

3. To follow the lawful orders of the Master and observe the chain of command on board the ship or while ashore, without prejudice to one's religious freedom.

4. To be responsible and diligent in performing his/her duties relating to the ship, its stores, equipment, machineries, and cargo, whether on board, in transit, or ashore.

5. To conduct himself/herself at all times in an orderly and respectful manner towards shipmates, passengers, shippers, stevedores, port authorities and other persons on official business with the ship.

6. To be responsible for his/her health while on board by maintaining a healthy lifestyle complying with prescribed medical policies, and taking appropriate medications when PEME necessary, which includes the duty to disclose a pre-existing illness or condition in the

7. To continually improve his/her professional competency by keeping up-to-date with the observation of shipboard activities and continuous education and training latest technological and scientific developments applied in various maritime fields, keen

8. To conduct oneself in accordance with moral, ethical and social norms, and in strict

compliance with RA No. 10173, or the Data Privacy Act of 2012.

9. To perform one's duties in a responsible and sustainable manner, should one engage in

various economic activities related to oceans, seas, and coasts, in compliance with maritime safety and marine environment protection standards.

10. To refrain from publishing, posting, or transmitting through social media or any form of disclose the vessel's location, voyage plans, or operational details; (b) reveal confidential or sensitive matters concerning maritime safety, security, or commerce; (c) depict any mass media, any unofficial or unauthorized information, images, or recordings that: (a) maritime incident or accident prior to the release of an official public statement by the competent authority; or (d) may cause damage or harm to any person, property, or the reputation of the maritime industry. This does not preclude the DMW from obtaining necessary information from the seafarer whenever necessary

SECTION 4. COMMENCEMENT/DURATION OF CONTRACT

A. The employment contract between the employer and the seafarer shall commence upon at the point of hire upon termination of his employment pursuant to Section 22 (Termination of Employment) of this Contract. actual departure of the seafarer from the Philippine airport or seaport at the point of hire anc with a DMW-approved contract. It shall be effective until the seafarer's date of actual arriva

B. The period of employment shall be for a period mutually agreed upon by the seafarer and the employer but not to exceed twelve (12) months. Any extension of the contract shall be subjeci to mutual consent of both parties. The original contract duration including any extension of the term shall not exceed twelve (12) months.

If the term of the seafarer's employment is extended, the seafarer shall be:

1. Furnished with a copy of the new or supplemental contract covering the extension; and

2. Given adequate time to review and obtain expert advice on the terms and conditions of

the extension of his/her employment

The terms and conditions of the extension shall not be lower than the terms of the original employment.

Shipowners and manning agencies shall:

1 Ensure that the seafarer has carefully studied and voluntarily accepted the effects of the

extension to any accumulated entitlement, repatriation benefits and other entitlements; and

2. Submit periodic reports to the DMW on the welfare and well-being of the seafarers subject

of the contract extensions

SECTION 5. FREE PASSAGE FROM THE POINT OF HIRE TO THE PORT OF

EMBARKATION

A. The seafarer shall join the ship and be available for duty at the date and time specified by the employer. The seafarer shall travel by air or as otherwise directed at the expense of the employer.

B. Seafarers shall be accorded the rights to safe passage and safe travel

To this end, the shipowner shall:

1. Inform the seafarer about the possible hazards of the voyage and the ports of call;

2. Advise about the precautions to be taken; and

3. Issue the necessary documents

SECTION 6. BAGGAGE ALLOWANCE

The seafarer traveling by air to join a ship or on repatriation shall be entitled to the normal free account of the seafarer. baggage allowance offered by the airlines. The cost of the excess baggage shall be for the

SECTION 7. HYGIENE AND VACCINATION

A. The seafarer shall keep his/her quarters and other living spaces such as: mess rooms, toilets for which no overtime pay shall be claimed. bathrooms, alleyways, and recreation rooms in clean and tidy condition to the satisfaction of the master. Such work is to be performed outside the seafarer's regular working hours and

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 safeguard his/her health and the entire crew complement.

C. The employer shall provide sanitary facilities that meet the minimum standards for health and Separate sanitary facilities shall also be provided for male and female crew members of the hygiene, which shall be accessible to overseas seafarers on board ocean-going ships of Philippine registry, and sanitation standards set by Chapter XV - "Port, Airport, Vessel and Aircraft Sanitation" of Presidential Decree No. 856, otherwise known as the "Code on Sanitation of the Philippines", and its Implementing Rules and Regulations (IRR). The sanitary facilities shall be located in convenient places, allowing easy access to work stations ship

D. The companylemployer shall provide the necessary information to the seafarer through the Pre-Departure Orientation Seminar (PDOS) on the cause, prevention, consequences treatment, and management of Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIVIAIDS) and other sexually transmitted infections

Section 8. 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 fifteen (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 22 (Termination of Employment) 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

C. Where a seafarer is held captive on or off the ship as a result of acts of piracy, armed robbery. its crew, or any form of detention of the ship, the wages and other entitlements under the seafarer's employment agreement, SEC or relevant CBA, 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 at the point of hire, or where the seafarer dies while in captivity, until the date of death as determined under Philippine law. acts of aggression, war-related violence, terrorism, or other acts of violence against ships or

D. Unless stipulated in the employment contract, or otherwise provided by law, deductions shall not be allowed without the seafarer's prior written consent.

E. The seafarer who is abandoned by the shipownerlemployer, as defined in this Contract, shall be entitled to full payment of wages and other benefits provided under the employment contract or the CBA.

SECTION 9. PAYMENT ON BOARD

Payment of shipboard pay in foreign ports shall be subject to the currency control regulations at the concurrence of the seafarer. Advances shall be at the master's/employer's discretion and in the port abroad and to the official rate of exchange prevailing at the time of payment, subject to accordance with the foregoing conditions.

SECTION 10. ALLOTMENTS AND REMITTANCES

A. The seafarer is required to make an allotment which shall be payable once a month to the seafarer's designated allottee/s in the Philippines through any authorized Philippine bank

B. The principal/employer/master/company shall provide the seafarer with facilities to remit the shall be at least eighty percent (80%) of the seafarer's monthly salary, which shall consist of basic wage plus fixed or guaranteed overtime allotments to the seafarer's designated allottee/s at no expense to the seafarer. The allotmeni

C. The principal/employer/master/company may also provide facilities for the seafarer to remit any amount earned in excess of the seafarer's allotment, including backwages, if any, to his/her designated allottee/s in the Philippines through any authorized Philippine bank without any charge to him/her.

D. The allotments shall be paid to the designated allottee/s in Philippine currency at the rate of Philippine bank, which information shall be provided to the designated allottee/s. exchange at the time of remittance indicated in the credit advice of the local authorized

SECTION 11. FINAL WAGE ACCOUNT & CERTIFICATE OF EMPLOYMENT

the length of service and the position the seafarer occupied, an account of his/her final wages final wages, and other relevant information/document without any charge. Upon the expiration of the term of the employment contract of the seafarer, the seafarer shall be given a record of his/her employment on board the ship or a certificate of employment, specifying reflecting ali deductions therefrom, and such other relevant information that wouid facilitate the The seafarer shall be provided the certificate of employment/service record, written account of acquisition of further work or to satisfy the sea-service requirements for upgrading or promotion

term of the employment contract, the principal, shipowner and/or employer shall promptly provide the above-mentioned documents, including the records of medical services and medical from the time of the request by the seafarer. In case of termination of the employment contract for reasons other than the expiration of the procedures undertaken during employment on board the ship, if applicable, for purposes of filing claims under Presidential Decree No. 626, upon the request of the seafarer. The principal. shipowner and/or employer shall issue a certificate of employment within three (3) working days

SECTION 12. HOURS OF WORK

A. In accordance with the MLC 2006, as amended, the limits on hours of work or rest shall be as follows:

If the seafarer is required to work beyond eight (8) hours, the maximum hours of work shall not exceed fourteen (14) hours in any twenty-four (24)-hour period and seventy-two (72) hours A seafarer's normal work hours shall be eight (8) hours a day with one (1) rest day per week. in any seven (7)-day period; or

hour period and seventy-seven (77) hours in any seven (7) day period. The hours of rest are interval between the two (2) periods of rest shall not exceed fourteen (14) hours The hours of rest for every seafarer shall be at ieast ten (10) hours in any twenty-four (24)- divisible into two (2) periods, one (1) of which shall be at least six (6) hours in length, and the

B. Normal working hours for the seafarer shall be eight (8) hours with one (1) rest day per week The normal practice is as follows:

The day worker shall observe the eight (8) regular working hours during the period from 06:00 hours to 18:00 hours.

2. The steward personnel shall observe the eight (8) regular working hours during the period from 05:00 hours to 20:00 hours.

3. The Radio Operator shall observe the eight (8) regular working hours 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 the seafarer's daily hours of work or his/her daily hours of rest shall be be provided a copy of the records pertaining to him/her which shall be endorsed by the master or a person authorized by the master, and by the seafarer. maintained to allow monitoring of compliance with the above provisions. The seafarer shall

The seafarer shall be allowed a reasonable rest period in accordance with international standards.

D. In exceptional cases, seafarers in watchkeeping duties may work beyond fourteen (14) hours as may be required: Provided, That the rest period shall not be less than seventy (70) hours in any seven (7)-day period: Provided, further, That such watchkeeping duties shall not be allowed for more than two (2) consecutive weeks: Provided, finally, That the intervals between

the two (2) periods shall not be less than twice the duration of the watchkeeping duties in such exceptional cases

SECTION 13.OVERTIME &HOLIDAYS

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 (30) minutes shall be considered as half an hour and more than thirty (30) minutes shall be considered one full hour.

B. 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, which shall include overtime work performed on rest days 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 shall be based on guaranteed or open overtime rate, as overtime work in excess of 105 hours a month for ratings shall be further compensated by their hourly overtime rate. mutually agreed upon by the contracting parties. For ratings paid on guaranteed overtime

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:

1. New Year's Day January 1 2. Maundy Thursday movable date 3. Good Friday movabie date 4. Araw ng Kagitingan (Bataan & Corregidor Day) -April 9

5. Labor Day May 1 6. Independence Day - June 12 7. National Heroes Day Last Monday of August 8. Ali Saints Day November 1 9. Bonifacio Day November 30 10. Christmas Day December 25 11.Rizal Day December 30 12. All other holidays as provided by law

D. Emergency Duty

Nothing in this Contract shall be deemed to impair the right of the master of a ship to require been completed, the master shall ensure that any seafarer who has performed work in a a seafarer to perform any hours of work necessary for the immediate safety of the ship distress at sea, or to conduct fire, boat, or emergency drill. Accordingly, the master may suspend the schedule of hours of work or hours of rest and require a seafarer to perform any hours of work necessary until the normal situation has been restored or the drill has beer scheduled rest period is provided with an adequate period of rest. persons on board or cargo, for the purpose of giving assistance to other ships or persons in completed. As soon as practicable after the normal situation has been restored or the drill has

No overtime work and pay shall be considered for such an emergency service or for fire, boat, or emergency drill.

SECTION 14. LEAVE PAY

as may be prescribed by laws, rules, or regulations Unless higher annual leave is provided under the CBA, the SEC, or by the shipowner as company minimum of 4.5 calendar days per month of employment, without prejudice to any future increase practice or policy, seafarers shall be paid an annual leave to be calculated on the basis of a

Towards this end, the foilowing shouid not be counted as part of annual ieave with pay:

a. periods of incapacity for work resulting from illness or injury or from maternity, under

in each country; conditions as determined by the competent authority or through the appropriate machinery

b. temporary shore leave granted to a seafarer while under an employment agreement; and

C. compensatory leave of any kind, under conditions as determined by the competent

authority or through the appropriate machinery in each country.

the point of hire. Leave pay shall be settled onboard or settled within two(2)weeks after arrival of the seafarer at

SECTION 15. SHORE LEAVE

The seafarer shall be entitled to reasonable periods of shore leaves if the vessel is safely berthed and measures of the port state, in compliance with MLC 2006, as amended, taking into consideration the operations and safety of the ship. or anchored for their health and well-being while the vessel is docked subject to rules, regulations.

SECTION 16. SUBSISTENCE, SHIP STORES AND PROVISIONS

A. The seafarer on board a ship shall be provided with food free of charge during the period of engagement.

B. The seafarer shall be provided by the principal/employer/master/company with food and drinking water of appropriate quality, nutritional value, and quantity, taking into consideration the differing cultural and religious backgrounds of the seafarers on board the ship. The food. Presidential Decree No. 856, when applicable, and other pertinent laws, rules, regulations drinks, and the preparation thereof shall be in accordance with the MLc 2006, as amended and internationai standards.

C. All stores and provisions issued to the seafarer are only for use and consumption on board the ship and any unused or unconsumed stores or provisions shall remain the property of the provisions. employer.The seafarer shall not take ashore, sell, destroy or give away such stores ana

SECTION 17.ACCOMMODATION AND RECREATIONAL FACILITIES

A. The seafarer on board a ship shall be provided with safe, decent, and adequate the health and well-being of seafarers working or living on board the ship, or both. There shall be a basic shipboard facility for women, such as separate sleeping rooms and appropriate minimum standards set out in MLC 2006, as amended, taking into account the need to protect and sufficient menstrual hygiene products and means of disposal accommodations, including but not limited to recreational facilities, for seafarers that meet the

B. The seafarer shall be provided with reasonabie access to ship-to-shore telephone communications, email and internet facilities, where available, especially during his/her free time or when he/she is not on duty.

C. Access to communication during critical incidents, such as but not limited to maritime accidents, warlike incidents, piracy, injuries, detention, and complaints on board, shall be provided by the shipowner to the seafarer, as may be practicable.

SECTION 18. MEDICAL CARE ON BOARD SHIPS AND ASHORE AND HEALTH AND SAFETY PROTECTION AND ACCIDENT PREVENTION

A. The shipowner shall provide adequate medical facility, equipment, paraphernalia, medical supplies, and medicines on board, and shall ensure access to shore medical facilities including mental health services for seafarers, as well as corresponding medical or trained personnel who shall provide first aid and medical care

B. The medicine chest and its contents, including, but not limited to, the common emergency the directions for their use are checked, and all equipment are functioning properly. regularly to ensure that labelling, expiry dates, and conditions of storage of all medicines and the medical equipment, and the medical guide on board shall be maintained and inspected and maintenance medications prescribed by licensed physicians to seafarers during PEME

seafarer's health while onboard by practicing a healthy lifestyle which includes bringing onboard sufficient number of the seafarer's maintenance medications and lifestyle changes This provision shall not, in any way, diminish the personal responsibility of the seafarer for the as prescribed by the duly-licensed doctor.

C. The shipowner shall ensure that the seafarer shall have access to medical care, including has recovered or until the sickness or incapacity has been declared of a permanent character. assessment, counselling, psychotherapy and other forms of mental health intervention in relation to the treatment of any mental or behavioral disorder; necessary medicines therapeutic appliances; board and lodging away from home until the seafarer has recovered for any illness or injury, hospitalization, and dental treatment until the sick or injured seafarer The medical care shall be at no cost to the seafarer

D. The seafarer shall have the right to consult a qualified physician or dentist without delay in ports of call, where practicable.

E The health protection and medical care shall be provided at no cost to the seafarer, in accordance with rules and regulations issued for this purpose.

F. Shipowners shall institute measures on health emergency prevention in accordance with flag the spread of infection or contamination, which may include, but not limited to, the conduct of state health regulations and World Health Organizations (WHO) guidelines, including disease surveillance activity. necessary disinfection, decontamination, deratting, or other measures necessary to prevent

G. Where access to shore-based medical facilities is limited, shipowners/LMAs shall ensure reasonable access to duly licensed health facilities for telemedicine and tele-mental health services to Filipino seafarers.

SECTION 19. TRANSFER CLAUSE

The seafarer, upon mutual consent with the principal/employer, may be transferred at any port to any ship owned or operated, manned or managed by the same employer, provided it is accredited to the same manning agent and provided further that the position of the seafarer and the rate of his/her wages and terms of service are in no way inferior and the total period of empioyment shal not exceed that originally agreed upon.

Any form of transfer shall be documented and made available when necessary

SECTION 20. GRIEVANCE MACHINERY

A. The employer shall create fair, effective, and expeditious onboard and onshore grievance or complaint resolution mechanisms readily accessible and at no cost to the seafarer.

B In cases where a seafarer is a member of a legitimate labor organization of seafarers and covered by a CBA, the seafarer shall be assisted by a union-designated representative in the proceedings. Any agreement reached at the grievance machinery level must be in writing and duly signed by the parties and shall be final and binding between them.

C. The parties to a CBA shail establish a machinery onboard and onshore for the expeditious those arising from the interpretation, or enforcement of company personnel policies. The seafarer shall be assisted by a union-designated representative in the proceedings. resolution of grievances arising from the interpretation or implementation of the CBA and

D. In the absence of a specific provision in the CBA or existing onboard machinery or company practice prescribing the procedures in handling a grievance, the following shall apply:

1. The seafarer shall present his or her grievance as follows:

a. The seafarer shall first approach and explain his/her grievance to the head of the the cause of the grievance. Department in which he or she is assigned within three (3) to five (5) days following

b. The seafarer shall present the grievance in writing and in an orderly manner and shall choose a time when the grievance can be properly heard.

C. The seafarer shall have the right to be accompanied, assisted, or represented by any seafarer of his or her choice onboard the ship.

d. The Department head shall handle the grievance personally and shall:

Ensure that the grievance is settled or resolved within three (3) to five (5) days from the receipt of the grievance

I. Endeavor to settle the grievance promptly, mutually and amicably at his or her level.

T Ensure proper documentation of the process, by the head of the Department as the case may be and its settlement or resolution, which shall be signed by him/her and the grievant, copy furnished the grievant. Settlement or resolution of the grievance to the satisfaction of both parties shall be final and binding

. Refer the grievance to the Master if the matter is not settled or resolved 20(D)(1)(d)(i) (Grievance Machinery). satisfactorily within the three (3) to five (5)-day period stated in Section

2. In case the grievance is elevated to the Master, the latter shall handle the case personally and shaii:

a. Ensure that the grievance is settled or resolved within three (3) to five (5) days from the Master's receipt of the grievance.

b. Ensure proper documentation of the process by the Master as the case may be, and its settlement or resolution, which shall be signed by him/her and the grievant, copy furnished the grievant. Settlement or resolution of the grievance to the satisfaction of both parties shall be final and binding.

C Inform the grievant that he/she may appeal onshore to the management of the Company, if such appeal procedure exists, if the grievance is not settled or resolved is not satisfied with the resolution. The Master shall afford such facilities necessary to enable the grievant seafarer to transmit his or her appeal. within the period stated in Section 20(D)(2)(a) (Grievance Machinery), or if the grievant

3. In case the grievance is referred to the onshore machinery of the Company, the latter shal:

Ensure that the grievance is settied or resoived within three (3) to five (5) days from receipt of the onshore grievance.

b. Ensure the availability of online access or other means of communication to enable the seafarer, including any person accompanying, assisting or representing him or her, to participate in the proceedings.

C. Ensure proper documentation of the process, and its settlement or resolution, which satisfaction of both parties shall be final and binding. shall be signed by the seafarer, the authorized Company representative handling the case, copy furnished the grievant. Settlement or resolution of the grievance to the

Certify that the grievance process has been completed and terminated without a satisfactory settlement or resolution of the issue submitted to grievance, if the grievance is not settled or resolved within the period stated in Section 20(D)(3)(a) upon shall be properly documented for the protection and interest of both parties (Grievance Machinery), or if the grievant is not satisfied with the resolution. When availed of by the seafarer, the grievance procedure and all actions or decisions agreed

E. 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.

F. No wage deductions may be made, and no direct or indirect retaliatory action may be taken against a seafarer on account of having brought up a grievance or having participated in any grievance proceeding.

H. Any grievance or complaint shall first be referred to the appropriate grievance mechanism provided under this Section.

Any agreement reached at the grievance machinery level must be in writing and duly signed by the parties and shall be final and binding between them

brought before it by the seafarer or the principal/employer. of voluntary settlement of disputes may be availed subject to the jurisdiction of the appropriate If no agreement is reached by the parties at the grievance machinery level, the other modes agency over any unresolved complaints arising out of shipboard employment that shall be

SECTION 21. DISCIPLINARY PROCEDURES

The Master shall comply with the following disciplinary procedures against an erring seafarer:

A. The Master shall furnish the seafarer with a written notice containing the following

Ground/s for the charge/s as listed in Section 37 (Table of Offenses and Corresponding Administrative Penalties) of this Contract or analogous act constituting the same

2. Date, time and place for a formal investigation of the charges against the seafarer

concerned

B. The Master or his/her authorized representative shall conduct the investigation or hearing. giving the seafarer the opportunity to explain or defend himself/herself against the charges These procedures must be duly and officially documented and entered into the ship's logbook.

c. If after the investigation or hearing, the Master is convinced that imposition of 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 manning 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.

E. Where the disciplinary proceedings are to be initiated against the Master/Skipper of the foregoing procedures. vessel, the officer next-in-rank shall have the duty and responsibility to comply with the

SECTION 22. TERMINATION OF EMPLOYMENT

A. The employment of the seafarer shall cease when the seafarer completes his/her period of contractual service aboard the ship, signs-off from the ship, and arrives at the point of hire

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 off and is disembarked for medical reasons in the event that the

declared fit to work, but an employer is unable to find employment for the seafarer on board the ship originally boarded or on another ship of the shipowner; seafarer is declared: (i) fit for repatriation; or (ii) when after an illness, the seafarer is

2 When the seafarer signs off due to the sale of the ship, lay-up of the ship, discontinuance of voyage or change of ship principal, shipwreck, grounding, or unseaworthiness;

3. When the seafarer voluntarily resigns in writing and signs off prior to the expiration of the prior to the intended date of resignation, subject to exemptions provided by law; or contract. The seafarer shall serve a written notice to the employer at least one (1) month

4 When the seafarer is discharged for just cause/s in accordance with the provisions of this

Contract or the applicable CBA.

C. The employment shall also be considered terminated when the seafarer commits any of the acts which are grounds for dismissal under Section 37 (Table of Offenses and Corresponding Administrative Penalties) of this Contract or the applicable CBA.

SECTION 23. REPATRIATION

A. In all cases of repatriation, the seafarer shall be repatriated to the point of hire based on the travel itinerary arranged by the employer: Provided, That in case of permanent or temporary incapacity or death, the seafarer or his/her remains shall be repatriated to the point of hire or the seafarer's place of domicile, at the option of the seafarer or the seafarer's next of kin. All costs related to the repatriation and transport of the personal effects and remains of seafarers, including the provision of financial security in case of abandonment of seafarers, shall be

borne by the shipowner or manning agency concerned. The shipowner or manning agency shall expedite the repatriation without prior determination of the cause of repatriation or termination of the seafarer's employment.

B. For purposes of this section, the place of repatriation may be a location within the Philippines as mutually agreed upon by the seafarer and the LMA/principai, consistent with Section 22 (Termination of Employment) of this Contract as well as applicable laws, rules and regulations.

C. If the ship is outside the Philippines upon the expiration of the contract, the seafarer shali arrival of the replacement crew provided that, in any case, the continuance of such service shall not exceed three (3) months. The seafarer shall be entitled to earned wages and benefits as provided in his/her contract. continue his/her service on board until the ship's arrival at a convenient port and/or after the

D. 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 entitled only to his/her earned wages and earned leave pay and to his/her basic wages disembarkation, the seafarer is rehired at the same rate and position, in which case the seafarer shall be entitled only to his/her earned wages and earned leave pay. unserved portion of his/her contract is not more than one (1) month. The seafarer shall be corresponding to the unserved portion of the contract, unless within sixty (60) days from

E. If the ship arrives at a convenient port within a period of three (3) months before the expiration for this mode of repatriation shall not apply to dismissal for cause. such port provided that the seafarer shall be paid all his/her earned wages. In addition, the seafarer shall also be paid his/her leave pay for the entire contract period plus a terminatior 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 of his/her contract, the principal/employer/master/company may repatriate the seafarer from pay equivalent to one (1) month of his/her basic pay, provided, however, that this mode of

F. 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 the principal/employer/company He/she shall be provided with accommodation and food, allowances and medical treatment, if necessary, until he/she arrives at the point of hire

G. In cases where the termination of employment is for just cause, voluntary resignation or upon in case of compassionate grounds, assume the transportation cost of the seafarer's the request of the seafarer, the costs of his/her repatriation and replacement shall be for the account of the seafarer in accordance with the employment agreement. The employer may. replacement.

H. The principal/employer/master/company shall be entitled to basic wages from date of signing off until arrival at the point of hire except when the discharge is in accordance with the above or for disciplinary reasons. seafarer, when discharged and repatriated as directed by the

travel itinerary arranged by the employer to the point of hire, the employment of the seafarer All other liabilities of the company in this event shall cease at the time the seafarer is terminated. Any illness, injury or death sustained by the seafarer, due to the above shall be considered non-work related and shall not be compensated; If the seafarer delays or makes a detour or proceeds to a destination other than through the shall be considered terminated on the date the seafarer signs off the ship and all additional expenses shall be for the seafarer's account. The seafarer shall be entitled to earned wages and basic wage calculated based on the original scheduled date of arrival at the point of hire.

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.

J. The seafarer shall report to the manning agency within three (3) working days upon arrival at point of hire.

K. In case of an epidemic or pandemic declared by the WHO, the shipowner or manning agency shall be responsible for medical care expenses and board and lodging for periods spent by seafarers in self-isolation or quarantine, whether or not the seafarers have symptoms, have been exposed or are quarantined as a safety precaution for the community, until the seafarers have been duly repatriated to the point of hire.

L. The repatriation expenses that shall be borne by the shipowner or the manning agency concerned shall include:

Basic pay and allowances from the moment the seafarers leave the ship until they reach I

2. Accommodation and food from the moment the seafarers leave the ship until they reach the repatriation destination;

3. Transportation charges, wherein the default mode of transport should be by air: the repatriation destination:

A Deployment cost of the shipowner; and 5. Immigration fees, fines, and penalties.

However, in cases where the termination of employment is for just cause, voluntary of the seafarer in accordance with the employment agreement. resignation or upon the request of the seafarer, the cost of repatriation shall be for the accouni

of repatriation shall be for the account of the seafarer. In case the seafarer lost his/her passport, seaman's book, and other travel documents, and was detained by immigration authorities enroute to embarkation port due to negligence, cost

M. The responsibility to provide for the repatriation costs shall be without prejudice to the right to civil, criminal, or other claims in accordance with law or otherwise, particulariy in cases of maritime accident or death other than natural causes

N. When those primarily responsible for the repatriation fail to fulfill their obligations, the DMW appropriate administrative sanctions by the DMW against those primarily responsible. and Overseas Workers Welfare Administration (OWWA) will shoulder the repatriation cost through the Agarang Kalinga at Saklolo para sa mga OFW na Nangangailangan (AKSYON) Fund and/or Emergency Repatriation Fund respectively, subject to reimbursement from those primarily responsible for the repatriation. This is without prejudice to the imposition of

O. A waiver of entitlement to repatriation shall be valid only if it is written, and made freely and captive on or off the ship as a result of acts of piracy or armed robbery against the ship, or is incapable of traveling due to illness, injury or incapacity, or other causes that affect the voluntarily, with full knowledge of its consequences. When a seafarer is abandoned, helo seafarer's safety and security, no waiver shall be allowed or presumed.

SECTION 24. COMPENSATION AND BENEFITS

A. Compensation and Benefits for Injury or IlIness

their employment between those dates and still requires medical attention upon repatriation. When the seafarer suffers work-related injury or illness occurring between the date of the liabilities of the employer shall be as follows: commencing duty and the date upon which they are deemed duly repatriated, or arising from

1. The employer shall continue to pay the seafarer his/her wages during the time he/she 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 to be repatriated. However, if after repatriation, the seafarer still requires medical attention nospital treatment as wellas boardandlodging until the seafarer is declared fit to work or

is declared fit or the degree of his/her disability has been established by the company- with a company designated physician arising from said injury or illness, he/she shall be so provided at cost to the employer but at no cost to the seafarer until such time he/she designated physician.

3. In addition to the above obligation of the employer to provide medical attention, the seafarer shall also receive sickness allowance from his/her employer in an amount equivalent to his/her basic wages computed from the time he/she signed off until he/she is declared fit to work or the degree of disability has been assessed by the company- designated physician. The period within which the seafarer shali be entitied to his/her sickness allowance shall not exceed one hundred twenty (120) days. Payment of the sickness allowance shall be made on a regular basis, but not less than once a month.

The seafarer shall be entitled to reimbursement of the cost of medicines prescribed by the

basis as determined by the company-designated physician, the company shall approve the appropriate mode of transportation and accommodation. The reasonable cost of actual traveling expenses and/or accommodation shall be paid subject to liquidation and submission of official receipts and/or proof of expenses. company-designated physician. In case treatment of the seafarer is on an out-patient

4 For this purpose, the seafarer shall submit himself/herself to a post-employment medical

examination by a company-designated physician within three (3) working days upon his/her return except when he/she is physically incapacitated to do so, in which case, a course of the treatment, the seafarer shall also report regularly to the company-designated mandatory reporting requirement, or refusal to report for or abandonment of his/her medical treatment shall result in his/her forfeiture of the right to claim the above benefits. written notice to the agency within the same period is deemed as compliance. In the physician specifically on the dates as prescribed by the company-designated physician and agreed to by the seafarer. Failure of the seafarer to comply with the three-day

5 A seafarer who disagrees with the company-designated physician's final assessment may

to refer the conflicting medical grading to a third doctor. The third doctor shall be mutually seek its reevaluation by a physician of choice who specializes in the illness or injury. If the seafarer's doctor issues a disability grading that is different or contrary to the medical findings of the company-designated physician, the seafarer must file, within thirty (30) days from receipt of the findings of the seafarer's doctor, a written request with the DMW

selected by the employer and seafarer from a pool of DOH-accredited medical specialists

the parties on the appointment of a third doctor from the pool of DOH-accredited third the determination of maritime disability grading. In case there is no agreement between doctors, the DMW shall facilitate the appointment of the third doctor from the same pool. relevant to the injury or iiness of the seafarer. The third doctor should be auiy trained in

The DOH-accredited medical specialist shall refer to the medical practitioners who are Accredited Professional Organization in accordance with their existing rules and bona fide members of their respective specialty societies duly recognized by an regulations.

doctor who shall determine the final disability grading which shall be binding upon the settlement, arbitration proceeding, or case may be filed, when the issue is the disability Subject to the requirements of RA No. 10173, all of the medical documents considered seafarer and the employer. This process shall be mandatory before any dispute grading, fitness to work, or the illness or injury of the seafarer. and issued by the company doctor and the seafarer's doctor,shall be provided to the third

Illnesses Contracted) of this Contract or the applicable CBA, as warranted. third doctor shall strictly adhere to the Schedule of Disabilities as provided in Section 36 The medical assessment of the company designated physician, seafarer's doctor, and the (Schedule of Disability or Impediment for Occupational Injuries Suffered or Occupational

In the absence of any provisions in the CBA, no other parameters or conditions shall be reguired by either the seafarer or employer in securing the third opinion

submitted to NLRC, Voluntary Arbitrators/Panel of Voluntary Arbitrators. Failure to seek and submit as provided in this Contract without fault or negligence from either party shal cause the NLRC, Voluntary Arbitrators/Panel of Voluntary Arbitrators to resume In the absence of a disability grading from a third doctor, the National Labor Relations Commission (NLRC), Voluntary Arbitrators/Panel of Voluntary Arbitrators shall issue an Order suspending the proceedings and ordering the parties to seek the opinion of a third doctor within fifteen (15) days from receipt of the Order, which shall thereafter be proceedings and decide based on the evidence presented. The DMW and DOH shall be furnished with a copy of the Order.

6. When requested, the employer shall furnish the seafarer a copy of all pertinent medical

reports or any records at no cost to the seafarer.

7. Those injuries and diseases/illnesses not listed in Section 36-A (Occupational Injuries) and Section 36-B (Occupational Diseases/Ilnesses) of this Contract are disputably presumed as work-related.

8. 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; his/her former ship or another ship of the employer. or (2) fit to work but the employer is unable to find employment for the seafarer on board

9. In case of permanent total or partial disability of the seafarer caused by a work-related rules of compensation applicable at the time the illness or injury was contracted injury or illness, the seafarer shall be compensated in accordance with the schedule of benefits enumerated in Section 36 (Schedule of Disability or Impediment for Occupational Injuries Suffered or Occupational Illnesses Contracted) of his/her Contract. For purposes of this section, computation of his/her benefits shall be governed by the rates and the

for Occupational Injuries Suffered or Occupational Illnesses Contracted) of this Contract number of days in which sickness allowance is paid. The amount of disability compensation shali be computed and based solely on the schedule of disabilities provided under Section 36 (Schedule of Disability or Impediment or the applicable CBA, as mandated by Section 57 of RA No. 12021, and shall not be measured or determined by the number of days a seafarer is under treatment or the

10. It is understood and agreed that the benefits mentioned above shall be separate and distinct from, and wili be in addition to whatever benefits which the seafarer is entitled to Fund. The process of claiming and entitlement to benefits from the abovementioned government agencies shall be governed by their respective governing laws and under Philippine laws such as from the SSS, OWWA, ECC,PhilHealth,and Pag-IBIG procedures.

B. COMPENSATION AND BENEFITS FOR DEATH

1. In case of work-related death of the seafarer, during the term of his/her contract, the addition, the amount of Seven Thousand US dollars (US$7,000) or its equivalent amount employer shall pay his/her legal beneficiaries the amount of Fifty Thousand US dollars prevailing at the time of payment, at the option of the seafarer's legal beneficiaries. In in Philippine currency, at the exchange rate prevailing at the time of payment, at the option of the seafarer's legal beneficiaries, shall be paid to each child, but not exceeding four (4) children, under the age of twenty-one (21) years old or those over twenty-one (21) years old but are unable to fully take care of themselves because of a physical or mental disability or condition. (US$50,000), or its equivalent amount in Philippine currency, at the exchange rate

2. Where death is caused by warlike activity while sailing within a declared war zone, warlike. insurance shall be provided by the shipowner/principal or the manning agency at no cost or high-risk area, the compensation payable shall be doubled. The appropriate war-risk to the seafarer.

3. It is understood and agreed that the benefits mentioned above shall be separate and agencies shall be governed by their respective governing laws and procedures. distinct from, and will be in addition to whatever benefits which the seafarer is entitled to under Philippine laws from the SSS,OWWA, ECC, PhilHealth and Pag-IBIG Fund.The process of claiming and entitlement to benefits from the abovementioned government

4. The other liabilities of the employer when the seafarer dies as a result of work-related

injury or illness, during the term of employment are as follows:

a. The employer shall pay the deceased's legal beneficiary all outstanding obligations due the seafarer under this Contract at the time of death.

b. The employer shall transport the remains and personal effects of the seafarer to the Philippines at the 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 accordance with the master's best judgment upon approval of the seafarer's next of kin, subject to applicable laws. In case death occurs at sea, the handling of the remains shall be made or dealt with

advice for the appropriate handling of the seafarer's remains. In all cases, the employer/master shall communicate with the manning agency to seek

1. The employer shall pay the legal beneficiaries of the seafarer the Philippine currency at the exchange rate prevailing during the time of payment. equivalent to the amount of One Thousand US dollars (US$1,000) for burial expenses

C. It is understood that computation of the total permanent or partial disability of the seafarer caused by the injury sustained resulting from warlike activities within the warzone, warlike, or high-risk area shall be based on the compensation rate payable within the warzone, warlike, or high-risk area as prescribed in this Contract.

D. No compensation and benefits shall be payable in respect of any injury, incapacity, disability or death of the seafarer resulting from his/her willful or criminal act or intentional breach of his/her duties, provided however, that the employer can prove that such injury, incapacity disability or death is directly attributable to the seafarer.

E. A seafarer who knowingiy conceals a pre-existing iliness or condition in the PEME shall be liable for misrepresentation and shall be disqualified from any compensation and benefits This is likewise a just cause for termination of employment and imposition of appropriate administrative sanctions.

F. When requested, the seafarer shall be furnished 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 natural death, or permanent total disablement by virtue of the provisions of RA No. 8042, as amended by RA No. 10022, and its IRR 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.

H. The principal/employer/company shall grant to the seafarer who is involved in a case or months pursuant to RA No. 8042, as amended by RA No. 10022. least One Hundred United States Dollars (US$100) per month for a maximum of six (6) litigation for the protection of his rights in a foreign country, a subsistence allowance of at

When a seafarer is hospitalized and has been confined for at least seven (7) consecutive member or requested individual to the major airport closest to the place of hospitalization of the seafarer. it is, however, the responsibility of the family member or requested individual to meet all visa and travel document requirements. days, he/she shall be entitled to a compassionate visit by one (1) family member or a requested individual pursuant to the Compassionate Visit as provided in RA No. 8042, as amended by RA No. 10022. The employer shall pay for the transportation cost of the family

The seafarer or his/her successor-in-interest acknowledges that payment for injury, illness the contract, tort, fault or negligence under the laws of the Philippines or any other country incapacity, disability or death and other benefits of the seafarer under this Contract, the CBA and RA No. 8042, as amended by RA No. 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

SECTION 25. WAR AND WARLIKE OPERATIONS / HIGH-RISK AREA ALLOWANCE

A. The DMW shali, pursuant to prior declaration by the Department of Foreign Affairs or other internationally recognized bodies, such as, but not limited, to the International Transport zones, warlike and/or high-risk areas. Workers' Federation (ITF)/International Bargaining Forum (IBF), declare specific areas as war

B. Seafarers sailing through areas declared by the DMW as a war zone, warlike and/or high-risk form of which shall be determined by the DMW. area shall be entitled to premium pay or its equivalent and war risk insurance coverage, the

The war risk insurance shall be provided by the shipowner/principal at no cost to the seafarer.

C. The principal/employer and the manning agency shall ensure that matters relative to the war zones, warlike and/or high-risk areas have been explained to the seafarer prior to their deployment, including the conduct of the mandatory Anti-Piracy Awareness Training for Seafarers in accordance with the existing policy of the DMW.

to address piracy, hijacking, terrorism, unmanned attacks, and/or other forms of armed Further, the principal/employer shall conduct the necessary onboard safety drills to their crew violence.

D. If at the time of the signing of the contract, an area is declared as a war zone, warlike and /or DMW. The seafarer shall comply with the agreement or shall bear his/her cost of repatriation when he/she opts not to sail into a war zone, warlike and/or high-risk area. high-risk area and the seafarer binds himself/herself in writing to sail into that area, the agreement shall be properly appended to the contract for verification and approval by the

E. If a war, warlike, and/or high-risk situation arises during the term of this Contract in any country within the ship's trading area, the principal/employer and the manning agency shall afford the seafarer on board ample time, opportunity, and means to signify their intent to either continue with the voyage or refuse to sail with the ship in its scheduled passage in said areas/zones.

their voyage The principal/employer and the manning agency shall provide the seafarer on board with the means to make informed decisions by informing them of the scheduled passage of the ship to the identified areas/zones and their rights and entitlements should they consent to continue

Further, the principal/employer and the manning agency shall allow the seafarer to freely decide to refuse sailing in the war zone, warlike and /or high-risk areas without discrimination and prejudice to their present and future employment.

F. The principal/employer and the manning agency shall ensure the immediate and safe warlike and/or high-risk area. repatriation of the seafarer who will invoke his/her right to refuse sailing in the war zone

G. The employer shall provide the seafarer access to communication during critical incidents such as but not limited to maritime accidents, warlike incidents, piracy, injuries, detention complaints on board, armed attacks, or other forms of armed violence, as may be practicable

SECTION 26. TERMINATION DUE TO SHIPWRECK AND SHIP'S FOUNDERING

in the contract, the seafarer shall be entitled to earned wages, medical examination at employer's wage as termination pay. Where the ship is wrecked, necessitating the termination of employment before the date indicateo expense to determine his/her fitness to work, repatriation at employer's cost and one-month basic

In case of termination of empioyment of the seafarer before the expiration of the term of his/her his/her fitness to work, repatriation at employer's cost and one-month basic wage as termination contract due to shipwreck, actual or constructive total loss or foundering of the ship, the seafarer pay shall be entitled to earned wages, medical examination at employer's expense to determine

SECTION 27.TERMINATION DUE TO SALE OF SHIP, LAY-UP OR DISCONTINUANCE OF VOYAGE

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 entitled to earned wages, repatriation at employer's cost and one (1) month basic wage as termination pay, unless principal within thirty (30) days to complete his/her contract in which case the seafarer shall be entitled to basic wages until the date of joining the other ship. arrangements have been made for the seafarer to join another ship belonging to the same

SECTION 28. TERMINATION DUE TO UNSEAWORTHINESS

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. If the ship's unseaworthiness necessitates the termination of employment before the date indicated in the contract, the seafarer shall be entitled to earned wages, repatriation at cost to the employer and termination pay equivalent to one (1) month basic wage.

SECTION 29. TERMINATION DUE TO REGULATION 1/4 CONTROL PROCEDURES OF THE 1978 STCW CONVENTION,AS AMENDED

in compliance with Regulation I/4 of the 1978 STCW Convention, as amended, his/her termination If the seafarer is terminated and/or repatriated as a result of port state control procedures/actions shall be considered valid.

However, he/she shali be entitied to repatriation and earned wages. He/she shall also be entitied to termination pay equivalent to one (1) month basic wage if the termination is without his/her faut.

SECTION 30. CHANGE OF PRINCIPAL

1 Where there is a change of Principal of the ship necessitating the pre-termination of employment of the seafarer, the seafarer should be entitled to earned wages and repatriation pay. at employer's expense. He/she shall also be entitled to one (1) month basic pay as termination

2. In case arrangements have been made for the seafarer to directly join another ship of the

the date of his/her disembarkation from his/her former ship until the date of his/her joining the same Principal to complete his/her contract, he/she shall only be entitled to basic wage from new ship.

SECTION 31. 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/her the amount of Two Thousand US dollars (US$2,000) if his/her personal effects are lost ol personal effects but in no case shall the amount exceed the Philippine currency equivalent tq

resuit of fire, flooding, collision, piracy, or other marine peril. damaged as a result of the wreck or loss or stranding or abandonment of the ship,or as a

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)

C. Reimbursement for loss or damage to the seafarer's personal effects shall not apply if such Toss 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 32. GENERAL SAFETY

A. The seafarer shall 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 to him/her and must ensure that he/she is suitably dressed from the safety point of view for the job at hand

SECTION 33. MANDATORY CONCILIATION-MEDIATION

A. If there is a CBA, the parties shall first comply with the grievance procedures mandated under

the CBA. In such case, the parties shall strictly adhere to the provisions of the CBA on the manner of selection and appointment of the Voluntary Arbitrators or Panel of Voluntary Arbitrators who are listed in the CBA

B. if no agreement is reached by the parties at the grievance machinery level, the following rules shall apply:

1. If there is a CBA, either party may serve notice upon the other of its decision to submit the issue to voluntary arbitration.The notice shall state the issue or issues to be arbitrated copy furnished the Regional Branch of the National Conciliation and Mediation Boaro (NCMB) or the Voluntary Arbitrator or Panel of Voluntary Arbitrators named or designated in the CBA.

If the party upon whom the notice is served fails or refuses to respond favorably within seven (7) days from receipt thereof, the Voluntary Arbitrator or Panel of Voluntary Arbitrators designated in the CBA shall commence voluntary arbitration proceedings.

Where the CBA does not so designate, the Regional Branch of the NCMB shall call the submitted to a sole arbitrator. to a Panel of Voluntary Arbitrators. In case there is no agreement, the matter shall be oarties for them to agree on whether to submit the matter to a sole Voluntary Arbitrator oi

Arbitrators. Where there is no agreement, the Regional Branch of the NCMB shall The parties shall agree on their choice of a Voluntary Arbitrator or Panel of Voluntary designate the Voluntary Arbitrator or Panel of Voluntary Arbitrators.

Within ten (10) days from receipt of notice of their selection or designation, the Voluntary Arbitrator or Panel of Voluntary Arbitrators shall commence arbitration proceedings

2. If there is no CBA, the parties shall first avail of the conciliation-mediation services under

RA No. 10396. If the matter remains unresolved, the same may be filed as a complaint provided in Section 33 (B)(1) (Mandatory Conciliation-Mediation) of this Contract. with the Labor Arbiter of the NLRC or, upon agreement of the parties, referred to a Voluntary Arbitrator or Panel of Voluntary Arbitrators. In the latter case, the selection or appointment of the Voluntary Arbitrator or Panel of Voluntary Arbitrators shall proceed as

3. The arbitration proceedings shall be governed by the existing rules and procedures on compulsory and voluntary arbitration.

C. In the exercise of its regulatory and quasi-judicial powers, the DMW shall exercise its jurisdiction, as provided under RA No. 11641 and its IRR, to hear and decide all cases which are administrative in character involving or arising out of: 1) violation of recruitment rules and regulations including refund of fees collected from OFWs and any violation of the conditions for the issuance of the license to recruit OFWs; and 2) disciplinary action cases that are administrative in character, excluding money claims.

SECTION 34. PRESCRIPTION OF ACTION

All claims arising from this Contract shall be made within three (3) years from the date the cause of action arises, otherwise the same shall be barred.

SECTION 35.APPLICABLE LAW

international conventions, treaties and covenants to which the Philippines is a signatory including the annexes thereof, shall be governed by the laws of the Republic of the Philippines. Any unresolved dispute, claim or grievance arising out of or in connection with this Contract

Parties to the individual employment contract are allowed to stipulate and mutually agree to other mutually beneficial to both parties and are not contrary to law, public policy and morals. terms and conditions over and above the minimum standards; provided, that the stipulations are

SECTION 36. SCHEDULE OF DISABILITY OR IMPEDIMENT FOR OCCUPATIONAL INJURIES SUFFERED OR OCCUPATIONAL ILLNESSES CONTRACTED

A. Disability or fitness to work, whichever is applicable, shall be determined only after the

treatment has reached Maximum Medical Improvement (MMI).

B. Disability compensation, if warranted, 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.

SECTION 36-A.OCCUPATIONAL INJURIES

raumatic head injuries that result to

Severe paralysis of both upper or lower extremities or one upper and one lower extremity Gr. 1

e Severe mental disorder or Severe Complex Cerebral function disturbance or post-traumatic psychoneurosis Which e0 uire regular aid and attendance as to Gr. 1

render the seafarer permanently unable to perform any work

Incurable imbecility Gr. 1 Aperture unfilled with bone over three (3) inches without brain injury Gr. 3

5 Moderate mental disorder or moderate brain functional disturbance which limits the seafarer to the activities of daily living with some directed care or attendance Gr. 6

6 Moderate paralysis of two (2) extremities producing moderate difficulty in movements with self-care activities Gr. 6

Aperture unfilled with bone not over three (3) inches without brain injury Gr. 9

8 Slight paralysis affecting one extremity producing sfight difficulty with self-care activities Gr. 10

9 Slight mental disorder or disturbance that requires little attendance or aid and which interferes to a slight degree with the working capacity of the seafarer Gr. 10

FACE Complete loss of the power of mastication and speech function Gr. 1 2 Severe disfigurement of the face or head as to make the seafarer so repulsive as to greatly handicap him/her in securing or retaining empioyment, there being no permanent functional disorder Gr. 2

3 Moderate constriction of the jaw resulting in moderate degree of difficulty in chewing and moderate loss of the power or the expression of speech Gr. 4

4 5 Moderate facial disfigurement involving partial ablation of the nose with Partial ablation of the nose or partial avulsion of the scalp conspicuous scars on face or head Gr. 5 Gr. 9 6 Slight disorder of mastication and speech function due to traumatic injuries to jaw or cheek bone Gr. 12

EYES

T Blindness or total and permanent loss of vision of both eyes Gr. 1 2 Total blindness of one (1) eye and fifty percent (50%) ioss of vision of the other eye Gr. 5

3 Loss of one eye or total blindness of one eye Gr. 7

A Fifty percent (50%) loss of visual field cut of one eye Gr. 10 5 Lagopthalmos, one eye Gr. 12 6. Ectropion, one eye Gr. 12 7. Ephiphora, one eye Gr. 12

Ptosis, one eye Gr. 12

NOSE AND MOUTH

T Injuries to the tongue (partial amputation or adhesion) or palate-causing defective speech Gr. 10

2 Considerable stricture of the nose (both sides) hindering breathing Gr. 11

3 Loss of the three (3) teeth restored by prosthesis Gr. 14

EARS Complete loss of hearing in both ears Gr. 3 2 Loss of two (2) external ears Gr. 8 3 Complete loss of the sense of hearing in one ear Gr. 10 4 Loss of one external ear Gr. 12

5 Loss of one half (/2) of one external ear Gr. 14

NECK

Throat injury which necessitates the wearing of a tracheal tube Gr. 6 2 Total stiffness of neck due to fracture or dislocation of the cervical spine Gr. 8 3. Loss of speech due to injury to the vocal cord Gr. 9

4 Moderate stiffness or two thirds (2/3) ioss of motion of the neck Gr. 10

5. Slight stiffness or one third (1/3) loss of motion of the neck Gr. 12

CHEST-TRUNK-SPINE

A Injury to the spinal cord as to make walking impossible even with the aid of a pair of crutches Gr. 1

2 Injury to the spinal cord resuiting to incontinence of urine and feces Gr. 1 3 Injury to the spinal cord as to make walking impossible without the aid of a pair of crutches Gr. 4

4. Fracture of four (4) or more ribs resulting to severe limitation of chest expansion Gr. 6

5 Fracture or dislocation of the thoracic or lumbar spines resulting to severe or total rigidity of the trunk or total loss of lifting power of heavy objects Gr. 6

6. Moderate rigidity or two thirds (2/3) loss of motion or lifting power of the trunk Gr. 8

Fracture of four (4) or more ribs with intercostal neuralgia resulting in moderate limitation of chest expansion Gr. 9

8 Slight rigidity or one third (1/3) loss of motion or lifting power of the trunk Gr. 11 9 Slight limitation of chest expansion due to simple rib functional without myositis or intercostal neuralgia Gr. 12

ABDOMEN

Severe residuals or impairment of intra-abdominal organs which requires regular aid and attendance that will make the seafarer unable to seek any gainful employment Gr. 1

2 Loss of one kidney Gr.7 3 Moderate residuais or disorder of the intra-abdominal organs secondary to trauma resulting to impairment of nutrition, moderate tenderness, nausea, vomiting, constipation or diarrhea Gr. 7

4 Loss of the spleen Gr. 8

5 Slight residuals or disorder of the intra-abdominal organs resulting in impairment of nutrition, slight tenderness and/or constipation or diarrhea Gr. 12

6 Inguinal hernia secondary to trauma or strain Gr. 12

PELVIS Fracture of the pelvic rings as to totally incapacitate the seafarer to work Gr. 1

2 Fracture of the pelvic ring resulting to deformity and lameness Gr. 6

URINARY AND GENERATIVE ORGANS

T Total loss of penis Gr. 7

2 Total loss of both testicles Gr. 3 Scars on the penis or destruction of the parts of the cavernous body or urethra interfering with erection or markedly affecting coitus Gr. 9

4 Urinary incontinence secondary to injury to the bladder or urethra Gr. 10

5 Total loss of one testicle Gr. 6 Loss of one breast Gr.11 7 Prolapse of the uterus Gr. 13 8 Great difficulty in urinating Gr. 13

THUMBS AND FINGERS

1 Loss of ten (10) fingers of both hands Gr. 1 2 Loss of two (2) or more fingers. Compensation for the loss of use of two (2) or must be proportioned to the loss of the hand occasioned thereby but shall not more fingers or one (1) or more phalanges of two (2) or more digits of a hand exceed the compensation for the loss of a hand: Gr. 6

a Loss of five (5) fingers of one hand Gr. 6

b Loss of thumb, index fingers and any of two (2) or more fingers of the same hand Gr. 6

C Loss of the thumb, index finger and any one of the remaining fingers Gr. O Loss of thumb and index finger Gr. 8

e Loss of three (3) fingers of one hand not including thumb and index finger Gr. 9

Loss of the index finger and any one of the other fingers of the same hand excluding thumb Gr. 9

g. Loss of two (2) digits of one hand not including thumb and index finger Gr. 10 3 Total loss of one (1) thumb including metacarpal bone Gr. 9 4 Total loss of one (1) thumb Gr. 10 5 Total loss of one (1) index finger including metacarpal bone Gr. 10 6. Total loss of one (1) index finger Gr. 1 7 Total loss of one (1) middle finger including metacarpal bone Gr. 1 8 Total loss of one (1) middle finger Gr. 12 9 Total loss of one (1) ring finger including metacarpal bone Gr. 12 10.Total loss of one (1) ring finger Gr. 13 11.Total loss of one (1) small finger including metacarpal bone Gr. 13 12. Total loss of one (1) small finger Gr. 14

The Disability Grading for the loss of a fraction of the phalanx shall be computed Jproportionately based on the corresponding disability grading for thumbs and fingers as provided herein.

HANDS

1 Total loss of use of both hands or amputation of both hands at wrist joints or above Gr. 1

N Amputation of one hand at carpo-metacarpal joints Gr. 4

3 Amputation of one hand between wrist joint and elbow joint Gr. 4

4 Loss of opposition between the thumb and tips of the fingers of one hand Gr. 9 5. Loss of grasping power for small objects between the foid of the finger of one hand Gr. 10

6 Loss of grasping power for small objects between fingers and palm of one hand Gr. 10

Ankylosed wrist in normal position Gr. 10

8. Ankylosed wrist in position one third (1/3) flexed or half extended and/or severe limited action of a wrist Gr. 11

SHOULDER AND ARM C

1 Total paralysis of both upper extremities Gr. 1

2 Total paralysis of one (1) upper extremity Gr. 3 3 Amputation of one (1) upper extremity at or above the elbow Gr. 4 4 Pseudoarthrosis of the humerus with musculospiral or radial paralysis Gr. 6 5. Stiff elbow at full flexion or extension (one side) Gr. 6 Stiff elbow at right angle flexion Gr. 8 7 Ankylosis of one (1) shoulder, the shoulder blade remaining rigid Gr. 8 8 Unreduced dislocation of one (1) shoulder Gr. 8 9. Flail elbow joint of one (1) arm Gr. 9 10. Ankylosis of one (1) shoulder, the shoulder blade remaining mobile Gr. 9 11. Inability to turn forearm (forearm in abnormal position -- pronation) Gr. 10

12. Ankylosis of the shoulder joint not permitting arm to be raised above a level with a shoulder and/or irreducible fracture or faulty union collar bone Gr. 10

13. Inability to turn forearm (forearm in normal position-supination) Gr. 11 14. Disturbance of the normal carrying angle or weakness of an arm or a forearm due to deformity of moderate atrophy of muscles Gr. 11

15.Ruptured biceps or pseudoarthrosis of the humerus, close (one side) Gr. 11 16. Inability to raise arm more than halfway from horizontail to perpendicuiar Gr. 11 17. Scar the size of the palm in one (1) extremity Gr. 14

LOWER EXTREMITIES

1 Loss of both feet at ankle joint or above G. 1 2 Failure of fracture of both hips to unite Gr. 1 3 Paralysis of both lower extremities Gr. 1 4. Total loss of a leg or amputation at or above the knee Gr. 3 5. Failure of fracture of a hip to unite Gr. 3 6. Paralysis of one lower extremity Gr. 3 7. Loss of ten(10 digits of both feet Gr. 5 8. Complete immobility of a hip joint in flexion of the thigh Gr. 5 9. Loss of one (1) foot at ankle joint or above Gr. 6 10. Loss of whole metatarsus or forepart of foot Gr. 11. Complete immobility of a knee joint in strong flexion Gr. 12. Loss of five (5) digits of a foot Gr. 8 13. Loss of one half (1/2) metatarsus of one (1) foot Gr. 8 14. Loss of four (4) excluding great toe of a foot Gr. 9 15. Loss of great toe and two (2) other toes of the same foot Gr. 9 16. Complete immobility of a hip joint in full extension of the thigh Gr. 9

17. Irregular union of fracture with joint stffness and with shortening of 6 to 9 centimeter/s (cms) producing permanent lameness Gr. 9

18. Loss of a great toe of one foot + one toe Gr. 10 19. Loss of three (3) toes excluding great toe of a foot Gr. 10 20. Malleolar fracture with displacement of the foot inward or outward Gr. 10 21. Complete immobility of an ankle joint in abnormal position Gr. 10 22. Stretching leg of the ligaments of a knee resulting in instability of the joint Gr. 10 23. Ankylosis of a knee in genuvalgum of varum Gr. 10 24. Pseudoarthrosis of a knee cap Gr. 10 25. Complete immobility of a knee joint in full extension Gr. 10 26. irregular union of fracture in a thigh or leg with shortening of 6 to 9 cms Gr. 10 27. Complete immobility of an ankle joint in normal position Gr. 11 28. Shortening of 3 to 6 cms with either joint lesion or disturbance of weight- bearing joint Gr. 11

29. Loss of a great toe Gr. 12 30. Loss of two toes not including great toe or next to it Gr. 12 31. Depression of the arch of a foot resulting in weak foot Gr. 12 32. Tearing of achilles tendon resulting in the impairment of active flexion and extension of a foot Gr. 12

33. Shortening of 3 to 6 cms with slight atrophy of calf or thigh muscles Gr. 12 34.Slight atrophy of calf of leg muscles without apparent shortening or joint lesion or disturbance of weight-bearing line Gr. 13

35. Shortening of lower extremity from 1 to 3 cms with either joint lesion or disturbance of weight-bearing joint Gr. 13

36. Loss of a toe other than the great toe Gr. 14

37. Scar the size of a palm or larger left on an extremity] Gr. 14

Any item in the schedule classified under Grade 1 shall be considered or shall be constituted as a total and permanent disability. In cases where the seafarer has been assessed with two or more disabilities, the total aggregate disability benefits corresponding to the assessed disabilities shall in no case exceed the maximum compensation for Grade 1 disability.

SCHEDULE OF DISABILITY ALLOWANCES

Impediment Grade 2 C US$55,000.00 US$55,000.00 Base Amount Percentage 88.81% 120% (base amount x percentage) Disability Allowance US$66,000.00 48,845.50

C US$55,000.00 78.36% 43,098.00 4 C US$55,000.00 US$55,000.00 68.66% 58.96% 32,428.00 37,763.00

6 US$55,000.00 50.00% 27,500.00

US$55,000.00 US$55,000.00 41.80% 33.5% 22,990.00 18,474.50

9 US$55,000.00 26. 12% 14,366.00 10 US$55,000.00 20.15% 11,082.50 1 US$55,000.00 14.93% 8,211.50 12 US$55,000.00 10.45% 5,747.50 13 US$55,000.00 6.7% 3,696.00 14 US$55,000.00 3.74% 2,057.00

US dollars or in the equivalent Philippine currency, at the exchange rate prevailing at the time of The foregoing death and disability benefits are to be paid, at the option of the seafarer, either in payment, to be computed in accordance with Section 10 (D) of this Contract. The Schedule of Disability Allowances shall be without prejudice to periodic review by the DMW.

SECTION 36-B.OCCUPATIONAL DISEASES/ILLNESSES

A. For an occupational disease and the resulting disability or death to be compensable, all of the following conditions must be satisfied and proven by substantial evidence:

1. The seafarer's work must involve the risks described herein; 2. The disease was contracted as a result of the seafarer's exposure to the described risks; 3. The disease was contracted within a period of exposure and under such other factors necessary to contract it; and 4. There was no notorious negligence on the part of the seafarer. B. Death or disability which is directly caused by sexually transmitted disease or arose from complications thereof shall not be compensable nor shall be entitled to the benefits provided in this Contract. C. The disability gradings enumerated in the foregoing list shall not preclude the determination of the actual severity of the illness, which may warrant either an increase or a decrease in the disability grading equivalent to that prescribed for occupational diseases. The following diseases are considered as occupational when contracted under working conditions involving the risks described herein:

OCCUPATIONAL DISEASE EMPLOYMENT NATURE OF DISABILITY GRADING

1 Occupational chemical, physical, agents as listed in the Item 3 of the ILO List of Occupational Diseases (Revised 2010) Cancers and biologicai caused bv Stage IV (metastatic/ unresectable) - Unable to sustain gainful employment; systemic impairment (cachexia, pain, organ failure) Gr. 1

C O 0 O Benzidine and its salts Bis-chloromethyl ether (BCME) Chromium VI compounds Coal tars, coal tar pitches or soots Beta-naphthylamine Asbestos

Vinyl chloride

m. D O Coke oven emissions Wood dust lonizing radiations Tar,pitch,bitumen, Nickel compounds Beryllium and its compounds Benzene Toxic nitro- and amino-derivatives of benzene or its homologues anthracene, productsor substances Arsenic and its compounds or the residues mineraloil, compounds, of these Stage III (locally advanced, multiple nodes frequent borderline resectable-Significant limitation, employable only in light work hospitalizations, Gr. 5 may be

2 Occupational Hearing Loss - severe X S. profound hearing loss in an occupation prolonged, vibration in his/her line of work C whereseafarer and the cancer(s) contracted by the Cadmium and its compounds Erionite Ethylene oxide Hepatitis B virus (HBV) and hepatitis C virus (HCV) Cancers caused by other agents at itemswhere determined by methods appropriate between the work not mentioned in the preceding to national conditions and practice, agents arising from work activities established worker significantnoise exposure to these is a direct link is scientifically, exposed and to o having excessive noise Any industrial operation particularly in the higher frequencies Complete loss of the sense of hearing on both during/after treatment, but may return to ears -- no hearing with or without loss of bone conduction Stage II (locally advanced, no distant work spread) Reduced Gr. 10 Gr. 10 Gr. 3 work tolerance

Complete unilateral deafness (no useful hearing in in one ear, normal or near-normal hearing in the other ear

Gr. 11 Profound unilateral hearing loss (very limited residual hearing in one ear; other ear normai or near-normal)

Gr. 13 Seventy percent (70%) loss of the sense of hearing in one ear conversational voice at 5 feet hearing of

Gr. 14 Forty percent (40%) loss of the sense of hearing in one conversational voice at 10 feet ear hearing of

3. Decompression sickness Gr. 1

a.Caissons disease Any process carried on rarefied air. in compressed r When it causes or results in severe paralysis of both upper or lower extremities or one upper and one lower extremity

Gr. 6 When it causes or results in bone issues

Gr. 10 When it causes or results in slight paralysis affecting one extremity producing slight difficulty with self-care activities Gr. 1 b.Aeroembolism Any process carried on in rarefied air When it causes or results in severe paralysis of both upper or lower extremities or one upper and one lower extremity

Gr. 6 When it causes or results in bone issues

Gr. 10 When it causes or results in slight paralysis affecting one extremity producing slight difficulty with self-care activities

4. Dermatitis due to irritants and sensitizers [Skin Diseases under the ILO List of Occupationai Diseases, Item No. 2] The use or handling of chemical agents which are skin irritants and sensitizers High involvement with inability to work in exposed environment) severe impairment Gr.7 (Whole body

Gr. 9 Severe impairment (Widespread, chronic and resistant to treatment)

Gr. 11 Moderate Impairment (Recurrent, persistent lesions causing some limitation of function [need to avoid irritant exposure])

Gr. 14 Scar the size of the palm in one extremity

5. Infections Work in connection with animals infected with anthrax, handling of animal carcasses or parts of such carcasses, including hides, hoofs, and horns

C Pneumonia

Lipoid Pneumonia causing pulmonary fibrosis Respiratory Failure; Resting hypoxemia, High hypercapnia, home O2 dependent) severe impairment Gr. 1 (End-Stage

less than one lobe, both sides, or entire lung. Severe (Far-advanced lesion, involving not one side)

Gr. 4 Dyspnea at rest/minimal exertion; frequent exacerbations despite medications

Gr. 6

pulmonary symptoms.causing limitation of daily physical activities Severe, persistent exacerbations frequent of

lobe but both sides) Moderate invoiving one lobe, one side; or less than one moderately advanced lesion

Gr. 8 Moderate Impairment [Exertional dyspnea; Stairs)] dyspnea with moderate exertion (walking 200-400 meters, climbing 1-2 flights of

Gr. 9

pulmonary symptoms affecting activity and sleep at least once a week Moderate. persistent exacerbations of

Gr. 12 Slight (minimal lesion involving a small portion of one lobe as found either by fluoroscopy or x-ray, one side only) Mild, persistent exacerbations of pulmonary Symptoms affecting activity and sleep at least once a month

b. Bronchitis Bronchiolitis Obliterans Gr. 1

Respiratory Failure: Resting hypoxemia hypercapnia, home 02 dependent) High severe impairment (End-Stage

less than one lobe, both sides, or entire lung. Severe (Far-advanced lesion, involving not one side)

Gr. 4 Dyspnea at rest/minimal exertion; frequent exacerbations despite medications

Gr. 6

pulmonary symptoms causing frequent Severe, limitation of daily physical activities persistent exacerbations of

Moderate(moderatelyadvanced lesion involving one lobe, one side; or less than one lobe but both sides)

Gr. 3 Moderate impairment [Exertional dyspnea; dyspnea with moderate exertion (walking 200-400 meters, climbing 1-2 flights of stairs)]

Gr. 9

pulmonary symptoms affecting activity and sleep at least once a week Moderate, persistent exacerbations

Gr. 12

portion of one lobe as found either by fluoroscopy or x-ray, one side only) Slight (minimal I lesion involving a small

Mild, persistent exacerbations of pulmonary symptoms affecting activity and sleep at least once a month

Chronic Toxic Bronchilitis Gr. 1

hypercapnia, home 02 dependent) High Respiratory severe Failure;Restinghypoxemia, impairment (End-Stage

less than one lobe, both sides, or entire lung. Severe (Far-advanced lesion, involving not one side)

Gr. 4 Dyspnea at rest/minimal exertion; frequent exacerbations despite medications

Gr. 6

limitation of daily physical activities pulmonary. symptomscausingfrequent Severe, persistent exacerbations of

involving one lobe, one side; or less than one Moderate lobe but both sides) moderately advanced lesion

Gr. 8 Moderate Impairment [Exertional dyspnea; stairs)] 200400 dyspnea with moderate exertion (walking meters, climbing 1-2 f flights of

Gr. 9

Moderate, pulmonary symptoms affecting activity and sleep at least once a week persistent exacerbations of

Gr. 12 Slight (minimal lesion involving a small portion of one lobe as found either by fluoroscopy or x-ray, one side only) Mild, persistent exacerbations of pulmonary symptoms affecting activity and sleep at least once a month

c.Pulmonary TB Respiratory Failure; Restinghypoxemia hypercapnia, home 02 dependent) High. severe impairment Gr. 1 (End-Stage

less than one lobe, both sides, or entire lung. Severe (Far-advanced lesion, involving not one side)

Gr. 4 Dyspnea at rest/minimal exertion; frequent exacerbations despite medications

Gr. 6

pulmonary symptoms causing frequent limitation of daily physical activities Severe, persistent exacerbations of

Moderate (moderatelyadvanced lesion lobe but both sides) involving one lobe,one side;or less than one

Gr. 8 Moderate Impairment [Exertional dyspnea; dyspnea with moderate exertion (walking 200400 stairs)] meters,climbing 1-2 flights of

Gr. 9

puimonary symptoms affecting activity and sleep at least once a week Moderate, persistent exacerbations of

Gr.

portion of one lobe as found either by fluoroscopy or x-ray, one side only Slight (minimal lesion involving a small

Mild, persistent exacerbations of pulmonary symptoms affecting activity and sleep at least once a month

d. Anthrax High hypercapnia, home 02 dependent) Respiratory severe Failure; Resting hypoxemia, impairment Gr. 1 (End-Stage

iess than one iobe, both sides, or entire lung. Severe (Far-advanced lesion, involving not one side)

Gr. 4 Dyspnea at rest/minimal exertion; frequent exacerbations despite medications

Gr. 6

limitation of daily physical activities pulmonary symptoms causing frequent Severe. persistent exacerbations of

Moderate (moderately advanced. lesion involving one lobe, one side; or less than one lobe but both sides)

Gr. 8 Moderate dyspnea with moderate exertion (walking 200-400 stairs)] Impairment[Exertional dyspnea; meters, climbing 1-2 flights of

Gr. 9 Moderate, pulmonary symptoms affecting activity and sleep at least once a week persistent exacerbations of

Gr. 12

portion of one lobe as found either by fluoroscopy or x-ray, one side only) Slight (minimal lesion involving a small

Mild, persistent exacerbations of pulmonary symptoms affecting activity and sleep at least once a month

e. Cellulitis involvement with inability to work in exposed High environment) severe impairment (Whole body Gr. 7

Gr. 9

resistant to treatment) Severe impairment (Widespread, chronic and

Gr. 11

lesions causing some limitation of function [need to avoid irritant exposure]) Moderate Impairment (Recurrent, persistent

Gr. 14 Scar the size of the palm in one extremity

f. Norwalk Virus Hepatitis A* Salmonella Norwalk, Severe residuals or impairment of intra- abdominal organs requiring regular aid and to seek any gainful employment attendance that will make the seafarer unable Gr. 1

Gr. 5 Severe Impairment [Short bowel syndrome after hospitalization, severe malnutrition] obstruction multiple requiring resections, persistent repeated

Gr.7 Moderate Impairment [Chronic abdominal surgical adhesions with intermittent disability] pain, partial obstruction episodes, weight loss, malabsorption or recurrent ascites, post-

nutrition, moderate tenderness, Moderate residuals or impairment of intra- abdominai organs resuiting in impairment of vomiting, constipation or diarrhea nausea,

Gr. 12 Mild Impairment [Occasional abdominal pain, adhesions not limiting activity, mild nutritional impairment] Slight residuals or i abdominai and/or infrequent constipation or diarrhea. impairment of nutrition, slight tenderness, organs impairment of intra- resuiting in slight

9 Salmonella Gr. 1

to seek any gainful employment attendance that will make the seafarer unable Severe residuals or impairment of intra- abdominal organs requiring regular aid and

Gr. 5 Severe Impairment [Short bowel syndrome hospitalization, severe malnutrition]: obstruction after multiple requiring resections, persistent repeated

Gr. Moderate Impairment [Chronic abdominal surgical adhesions with intermittent disability] pain, partial obstruction episodes, weight loss, malabsorption or recurrent ascites, post-

abdominal organs resulting in impairment of nutrition moderate tenderness Moderate residuals or impairment of intra- vomiting, constipation or diarrhea nausea.

Gr. 12 Mild Impairment [Occasional abdominal pain, adhesions not limiting activity, mild nutritional impairment] Slight residuals or impairment of nutrition, slight tenderness, and/or infrequent constipation or diarrhea. abdominal organs impairment of intra- resulting in slight

W. Leptospirosis Gr. 1

encephalopathy)] Severe Impairment [Chronic kidney disease stage 4-5 requiring dialysis with severe hepatic cirrhosis, (stroke-like neurological impairment sequelae, Gr. 7 severe

disease stage 2-3 after leptospiral nephritis Moderate with persistent liver dysfunction, neurological peripheral neuropathy)] sequelae (mild impairment cognitive [Chronic impairment, kidney

will make the seafarer unable to seek any requiring regular aid and attendance that will Severe gainful employment impairment ofkidney function

Gr. 12 Mild Impairment [Fatigue, mild hepatic dysfunction, transient proteinuria or subtle cognitive issues] Mild to moderate loss of kidney function

Malaria Gr. 1

Severe cognitive decline, severe chronic anemia spienic rupture/resection with immunologic risk, renal impairment (CKD stage 4-5) Hemiparesis, seizure disorder,

Gr. 6

splenomegaly, Moderate fatigability, impairment. mild hemiparesis, moderate cognitive anemia,easy or persistent motor

Gr. 10 Mild weakness, chronic fatigue, occasional seizures, minor cognitive issues, mild anemia

Otitis Media Otitis Media resulting to Meningitis Gr. 1

Severe Impairment [Paraplegia or severe hemiplegia with cognitive and/or speech impairment; uncontrolled seizures]

Gr. 6

cognitive impairment; controlled seizures; Paralysis of 2 or more extremities = 50%] Moderate Impairment [Moderate hemiparesis with speech impairment and/or moderate

Gr. 9

cognitive impairment; .controlled Paralysis of one extremity = 25%] Moderate Impairment [Moderate hemiparesis with speech impairment and/or moderate seizures;

Gr. 10

occasional seizures and/or minor cognitive impairment] Mild Impairment Gr. 13 [Mild weakness with

Very mild impairment [Persistent periphera! paresthesias/ neuropathy, without any motor involvement] Otitis Media [resulting to hearing loss] based on audiogram computation conduction Complete loss of the sense of hearing on both ears - no hearing with or without loss of bone Gr. 3

Gr. 10

normal or near-normal hearing in the other Moderate i deafness (no useful hearing in in one ear, ear)] impairment [Complete unilateral

Gr.11 Mild Impairment [Profound unilateral hearing loss (very limited residual hearing in one ear; other ear normal or near-normal)]

Gr.13 Seventy percent (70%) (oss of the sense of voice at 5 feet hearing in one ear -- hearing of conversational

Gr.14

hearing in one ear -- hearing of conversational Forty percent (40%) loss of the sense of voice at 10 feet

Tetanus Tetanus complicated by Meningitis Gr. 1

impairment; uncontrolled seizures]: Severe Impairment [Paraplegia or severe hemiplegia with cognitive and speech

Gr. 6

cognitive impairment; controlled seizures; Paralysis of 2 or more extremities= 50%] Moderate Impairment [Moderate hemiparesis with speech impairment and moderate

Gr. 9 Moderate Impairment [Moderate hemiparesis Paralysis of one extremity= 25%] with speech impairment and moderate cognitive impairment; controlled seizures; 36

Gr. 10

occasional seizures and minor cognitive Mid impairment] Impairment [Mild weakness with

Gr. 13

paresthesias/ neuropathy, without any motor Very mild impairment [Persistent peripheral involvement] Viral Encephalitis Gr. 1

Severe Impairment [Paraplegia or severe hemiplegia with impairment; uncontrolled seizures] cognitive andspeech

Gr. 6 Moderate Impairment [Moderate hemiparesis Paralysis of 2 or more extremities= 50%] cognitive impairment; controlled seizures; with speech impairment and moderate

Gr. 9 Moderate Impairment [Moderate hemiparesis with speech impairment and moderate Paralysis of one extremity= 25%] cognitive impairment; controlled seizures;

Gr. 10

occasional seizures and minor cognitive Mild impairment] Impairment [Mild Weakness with

Gr. 13 Very mild impairment [Persistent peripheral paresthesias/ neuropathy, without any motor involvement] m. Covid 19 / SARS / Influenza 1 Avian Influenza: Respiratory Failure Resting hypercapnia, home 02 dependent]: High severe impairment Gr. 1 [End-Stage hypoxemia,

Severe (far-advanced lesion, involving not less than one lobe, both sides, or entire lung. one side)

Gr. 4 Dyspnea at rest/minimal exertion; frequent exacerbations despite medications

Gr. 6 Severe, jimitation of daily physical activities; or puimonarysymptoms persistent exacerbations causingfrequent of

lobe but both sides) Moderate involving one lobe, one side; or less than one (moderately advanced lesion

Gr. 8 Moderate Impairment [Exertional dyspnea: stairs)] dyspnea with moderate exertion (walking 200400 meters, climbing 1-2 flights of

Gr. 9 Moderate. pulmonary symptoms affecting activity and sleep at least once a week persistentexacerbations of

Gr. 12

portion of one lobe as found either by Slight (minimal lesion involving a small fluoroscopy or x-ray, one side only); or Mild, persistent exacerbations of pulmonary symptoms affecting activity and sleep at least once a month n. Cholera / Typhoid Gr. 1

to seek any gainful employment abdominal organs requiring regular aid and attendance that will make the seafarer unable Severe residuals or impairment of intra-

Gr. 5

hospitalization, severe malnutrition] Severe Impairment [Short bowel syndrome obstruction after multiple requiring resections, persistent repeated

Gr. 7 Moderate Impairment [Chronic abdominal pain, partial obstruction episodes, weight disability]: loss,malabsorption or recurrent ascites, post- surgical adhesions with intermittent

Gr. 12 Mild Impairment [Occasional abdominal pain, adhesions not limiting activity, mild nutritional impairment]: 0. Dengue/Chikungunya/ Zika Zika with neurological effects Gr. 1

Severe Impairment [Paraplegia or severe hemiplegia with cognitive and/or speech impairment; uncontrolled seizures]:

Gr. 6 Moderate Impairment [Moderate hemiparesis Paralysis of 2 or more extremities= 50%]: with speech impairment and/or moderate cognitive impairment;controlled seizures;

Gr. 9

Paralysis of one extremity= 25%] with speech impairment and/or moderate Moderate Impairment [Moderate hemiparesis cognitive impairment;controlled seizures;

Gr. 10

occasional seizures and/or minor cognitive Mild impairment]; Impairment [Mid weaknesswith

Gr. 13 Very mild impairment [Persistent peripheral paresthesias/neuropathy, without any motor involvement] Zika with eye complications Gr. 1

Severe Impairment [Total Blindness of both eyes]

Gr. 5

eye and 50% loss of vision of the other eye] Moderate impairment [Total blindness of one

Gr. Moderately blindness of one eye]: severe Impairment [Total

Gr. 10

vision visual acuity or visual field cut of one eye]: Mild Impairment [Fifty percent (50%) loss of

Gr. 12 Epiphora one eye

Including other infections resulting in complications necessitating repatriation

6. Tonizing radiation disease, inflammation, ulceration or malignant leukemia, or anemia of the aplastic type due to x-rays, ionizing disease of the skin or subcutaneous tissues of the bones or particle, radium or other radioactive substances c.Glass Blower's cataract a. b Acute radiation syndrome Chronic radiation syndrome of x-rays, gamma rays. alpha rays and beta rays blood and reproductive Short Chronic over-exposure to period affecting the skin, organ blacksmith. exposure to large doses x-rays with a long latent Among glass blowers, workers. infrared rays. workers duration furnace exposed These foundry baker, men, are to of Severe Impairment [Total Blindness of both eyes]: Gr. 12 - 14 Gr. 1 Gr. 5

Moderate impairment [Total blindness of one eye and 50% loss of vision of the other eye]

Gr. 7

blindness of one eye]; Moderately severe Impairment [Totat

Gr. 10 Mild Impairment [Fifty percent (50%) loss of vision, visual acuity or visual field cut of one eye]:

Gr. 12 Epiphora, one eye

1 Occupational diseases caused by chemical agents as listed in Item 1.1 of the ILO List of Occupational Diseases (Revised 2010) The Disability Grading shall depend on Diseases/llinesses), as applicable. the extent of the injury or resulting illness 36-A and/or Section 36-B (Occupational Injuries caused to the Seafarer under Section and Occupational

8. Diseases caused by exposure to extreme temperatures and humidity

9 Vascular b. C. from pneumatic tools or power drills, a extremities due to continuous vibration riveting machines or hammers Heat stroke/cramps/exhaustion Chilblain/frostbite/freezing Immersion foot/general hypothermia disturbance in the upper Any occupation involving Any occupation involving Any occupation involving heat Any occupation causing exposure to excessive exposure to excessive cold exposure to excessive vibrations and pressure of upper extremities repeated coid motions, caused to the Seafarer under Section the extent of the injury or resulting illness Diseases/lllnesses), as applicable. The Disability Grading shall depend on the extent of the injury or resulting illness caused to the Seafarer under Section 36-A and/or Section 36-B (Occupational Diseases/illinesses), as applicable. The Disability Grading shall depend on 36-A and/or Section 36-B (Occupational Injuries Injuries and and Occupational Occupational

o. Vascular disturbance in the extremities -- varicocele causing pain, lower Any work activities that entail heavy straining Gr. 7

varicose veins resulting in discoloration and ulceration upon the lifting of heavy loads standing or prolonged (Ulceration; involves ulceration and non- healing wounds; varicocele or hydrocele and testicular torsion)

Gr. 12 (Varicocele)

Gr. 13 (Varicose veins) 1. Cardio-vascular events - to include heart attack (myocardial infarction), chest pain (angina), heart failure, or sudden death. Any of the following conditions must be met: a. b. If the heart disease was known to have a. the strain of work that brings about an was clearly precipitated by an unusuai the clinical signs of a cardiac insult to been present during employment, there must be proof that an acute exacerbation strain by reasons of the nature of his work and must be followed within 24 hours by constitute causal relationship acute attack must be sufficient severity b. If a person is a known . if a person who was and apparently asymptomatic working showed signs his/her work and such symptoms and signs reasonable to claim diabetic, he should show compliance with employer shall provide for such compliance in cardiac injury during persisted, causal relationship hypertensive prescribed maintenance medications doctor-recommended lifestyle changes. The a workplace conducive A)(par.6(Duties of the the accordance Section Shipowner/Principal/ Employer/Masterl Company) performance symptoms I before of with and of O S 3 heart failure are present even at rest, and any ordinary physical activity is moderately result in fatigue, palpitations, or shortness of to carry on ordinary physical activity. Ordinary physical activity increases discomfort. Patients with organic heart disease whose ordinary activities cause fatigue, palpitations, Patients with organic heart disease whose ordinary physical activity is slightly limited. Comfortable at rest, but ordinary activities Patients with organic heart disease but able Patients with organic heart disease unable to carry on any physical activity. Symptoms of limited. Comfortable at rest, but less than or shortness of breath. breath. activities do not cause undue palpitations, or shortness of breath. Gr. 12 Gr. 8 Gr. 1 Gr. 6 fatigue,

C. If a seafarer who was apparently performance of his/her work and such asymptomatic before being subjected to strain at work showed signs and symptoms of cardiac injury during the symptoms and signs persisted, it is reasonable relationship to claim a causal c. A seafarer not known to have hypertension normal results in the or diabetes must show last PEME

If a seafarer is a known hypertensive or recommended lifestyle changes. The Shipowner/Principal/Employer/Master/ diabetic, compliance maintenance conducive 3(A)(par.6)(Duties Company) employer accordance shall provide a workplace for helshe medications and doctor- such with with should compliance in of prescribed Section show the

12. Cerebrovascuiar Events - The foilowing conditions must be met: Gr. 1

a his/her Hypertension remains poorly controlled despite compliance with the If a person is a known hypertensive, treatment. Severe Impairment [Paraplegia or severe hemiplegia with cognitive and/or speech impairment; uncontrolled seizures]:

c. In any case, any of the following b. If a history of substance use is present, it must be ruled-out as a cause of/or contributory to stroke. conditions must be present: Moderate Impairment [Moderate hemiparesis Paralysis of 2 or more extremities= 50%]: with speech impairment and/or moderate cognitive impairment; controlled seizures; Gr. 6

c.1. There must be proof that the acute c.2. There is a strong evidence of and pressures inherent in an demands, poor working conditions stroke must have developed as a occupation; not limited to the following decision-making significant exposure such as but extremes of temperature, long working demands, and heavy physical work result of the stressful nature of work patterns, shift work, noise, reduced excessive inadequate hours rregularwork time to meet job high workload psychological autonomy, with Moderate Impairment [Moderate hemiparesis Paralysis of one extremity= 25%] with speech impairment and/or moderate cognitive impairment;controlled occasional seizures and/or minor cognitive impairment]: Mild Impairment[Mild Gr. 10 Gr. 9 weakness seizures; with

c.3. The strain of work that brings about an acute stroke must be sufficient in severity and must be followed within 24 hours by the clinical signs of an acute onset of neurological relationship; deficitto constitute causal Very mild impairment [Persistent peripheral paresthesias/neuropathy, without any motor involvement] Gr. 13

c.4. if a person who was apparently onset of neurologic deficit during asymptomatic subjected to strain at work showed signs and symptoms of an acute the performance of his/her work, and such symptoms and signs persisted, it is reasonable to claim causal relationship; before being

c.5. There was a history of work or trauma to the neck, which must infarction or brain hemorrhage as connected extraordinary mental strain or event be proven to cause either a brain documented studies; or by unusual neuro-imaging and

c.6. In case of Transient Ischemic Attack documented attending physician, preferably a or studies, a validation by the neurologist, is reguired TIAwhich by neuro-imaging cannot be

3.End Organ Damage Resuiting from Uncontrolled Hypertension NEUROLOGIC

a. If a person is a known hypertensive or b. In a patient not known to have hypertension Impairment of function of the organs such as kidneys, heart, eyes, and brain under any of the following conditions shall be considered compensable: diabetic, he/she should show compliance workplace conducive for such compliance Shipowner/Principal/ Company) with prescribed maintenance medications and changes. The employer shall provide a (A)(par.6)(Duties has the following on normal BP, normal ECG/treadmill i accordance doctor-recommended with his/her last PEME Employer/Master/ of Section CXR and lifestyle the 3 a. if a person who was b. If a person is a known symptoms of cardiac such symptoms and prescribed medications apparently asymptomatic before showed signs and injury during performance his/her work hypertensive compliance maintenance doctor- diabetic, should recommended The employer shal signs S claim relationship lifesty le reasonable persisted, it changes. a causal working helshe show the and with and to Or of Severe Impairment [Paraplegia or severe impairment; uncontrolled seizures] Moderate Impairment [Moderate hemiparesis with speech Paralysis of 2 or more extremities= 50%] Moderate Impairment (Moderate hemiparesis with speech impairment and moderate paresthesias/neuropathy, without any motor hemiplegia cognitive impairment; controlled seizures; Paralysis of one extremity= 25%] Mild Impairment impairment] Very mild impairment [Persistent peripheral cognitiveimpairment:controlled occasional I seizures and minor cognitive with impairment and moderate cognitiveand Gr. 10 Gr. 13 Gr. 1 Gr. 6 Gr. 9 [Mild weaknesswith seizures; speech 41

Shipowner/Principal/ Employer/Master/ provide a workplace conducive for such compliance Section Company) accordance (A)(par.6)(Duties the with in 3 involvement] High severe impairment [Chronic Kidney Severe Impairment [Chronic Kidney Disease, RENAL Stage 4] Disease, Stage 5] Gr. 5 Gr. 2

Gr. 10 Moderate Impairment Disease, Stage 3] [Chronic Kidney

Gr. 14 Mild impairment [Chronic Kidney Disease, Stage 2]

CARDIO-VASCULAR

Gr. 1 High severe impairment [Dyspnea marked activity (any physical activity of daily living causes discomfort)] even at rest and completely preventing

Gr. 6

stopping: Dyspnea sufficient to prevent climbing one flight of stairs, or walking one block without

Patients with organic heart disease whose or shortness of breath ordinary physical activity is moderately limited. Comfortable at rest, but less than ordinary activities cause fatigue, palpitations,

Gr. 8

breath Patients with organic heart disease whose ordinary physical activity is slightly limited. result in fatigue, palpitations, or shortness of Comfortable at rest, but ordinary activities

Gr. 9

than one block on a level surface] Moderate Impairment [Dyspnea only after climbing one flight of stairs or walking more

Gr. 12

to carry on .ordinary physical activity. Ordinary activities do not cause undue fatigue, palpitations, or shortness of breath Patients with organic heart disease but able

Gr. 14 Minimal Impairment [No recognized limitation of exertion tolerance]

OPHTHALMOLOGIC

Gr. 1 Severe Impairment [Total blindness of both eyes]:

Gr. 5 Moderate impairment [Total blindness of one

eye and 50% loss of vision of the other eye]

Gr.

blindness of one eye]: Moderately severe Impairment [Total

Gr. 10 Mild Impairment (Fifty percent (50%) loss of vision, visual acuity or visual field cut of one eye:

Gr. 12 Epiphora, one eye

14. Cataract Caused by prolonged and excessive exposure sun or trauma or injury to the development of traumatic to ultraviolet light from the cataract eye causing the Severe Impairment [Total blindness of both Moderate impairment [Total blindness of one eye and 50% loss of vision of the other eye] eyes] Gr. 1 Gr. 5

Gr.

blindness of one eye] Moderately severe Impairment [Total

Gr. 10

vision, visual acuity or visual field cut of one Mild Impairment [Fifty percent (50%) loss of eye]

Gr. 12 Epiphora, one eye 5.Pterygium to ultraviolet light from the sun, hot and dry climates, Caused by prolonged Wind, and sea breeze. and excessive exposure Severe Impairment [Total blindness of both eyes] Gr. 1 Gr. 5

Moderate impairment [Total blindness of one eye and 50% loss of vision of the other eye]

Gr.

blindness of one eye] Moderately severe Impairment [Total

Gr. 10 Mild Impairment [Fifty percent (50%) loss of vision, visual acuity or visual field cut of one eye]

Gr. 12 Epiphora, one eye o. Vitreal detachment hemorrhage and retinal Caused strain upon by trauma Ilifting 1r Gr. 1

Of heavy loads Severe Impairment [Total Blindness of both eyes]

Gr. 5 Moderate impairment [Total blindness of one eye and 50% loss of vision of the other eye]

Gr. 7 Moderately blindness of one eye] severe Impairment [Total

Gr. 10

Mild Impairment [Fifty percent (50%) loss of vision, visual acuity or visual field cut of one eye]

Gr. 12 Epiphora, one eye H7.Hernia. All of the following conditions must be met: Gr. 12

a The hernia should be of recent origin;

C b evidence of a tearing of the tissues; and Its appearance was accompanied by pain, discoloration and 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. 8.Bronchial Asthma -- all of the following conditions must be met: Gr. 1

C a. b. there is no evidence or history of asthma before empioyment; the allergen is present in the working conditions [and working positive results; and a provocative test should show positive results. process]; sensitivity test to allergens in the working environment should yield less than one lobe, both sides, or entire lung. Respiratory Failure; Resting hypercapnia, home O2 dependent]: Severe (far-advanced lesion, involving not one side) High severe impairment hypoxemia, [End-Stage

Gr. 4 Dyspnea at rest/minimal exertion; frequent exacerbations despite medications

Gr. 6

pulmonarysymptoms Severe, limitation of daily physical activities; persistent exacerbations causing frequent of

Moderate(moderatelyadvanced involving one lobe, one side; or less than one Iobe but both sides) lesion

Gr. 8

dyspnea with moderate exertion (walking Moderate 200400 stairs)] meters,climbing1-2flights of impairment [Exertional dyspnea;

Gr. 9

pulmonary symptoms affecting activity and Moderate, sleep at least once a week persistentexacerbations of

Gr. 12 Slight (minimal lesion involving a small portion of one lobe as found either by fluoroscopy or x-ray, one side only); or Mild, persistent exacerbations of pulmonary symptoms affecting activity and sleep at least once a month

19. MUSCULOSKELETAL DISORDERS.- Refers to traumatic and non- muscle, tendons, ligaments, joints, peripheral nerves and blood vessels traumatic inflammatory, degenerative, and acquired conditions affecting arising in the performance of assigned tasks. Severe ankylosis, of a major joint or severe limitation, walking aid needed] Impairment Gr. 10 [Marked deformity.

Gr. 12 Moderate motion or strength, reduced capacity] swelling or deformity, definite limitation of impairment[Persistentpain

Gr. 14

stiffness, no or slight limitation of motion, still able to perform normal work] Mild Impairment [Occasional pain and

a Dorsopathies or disorder of the spine (involving the cervical. thoracic, lumbosacral, pelvis, hip)_acquired and secondary to injuries/accidents causing Spine Pain in conditions such as Herniated Spondylitis; Spondylolisthesis; Muscle Strain and Sprain; Fracture) Dislocations and; Radiculopathy among but not limited to workers who are exposed to high levels of whole body vibration,repetitive motions,lifting,performing work in flexed or hyperextended posture or performing other manual handling tasks (such as pushing. pulling). NucleusPulposus; Osteoarthritis; Spondylosis; Injury to the spinal cord as to make walking incontinence of urine and feces Injury to the spinal cord as to make walking impossible even with the aid of a pair of crutches; Injury to the spinal cord resulting to impossible without the aid of crutches Gr. 1 Gr. 4

Gr. 6 Severe or total rigidity of the trunk or total loss of lifting power of heavy objects

Gr. 8 Total stiffness or total loss of motion of the neck; or Moderate rigidity or two-thirds (2/3) loss of motion or lifting power of the trunk

Gr. 10 Disc disease producing peripheral nerve compression: or

motion of the neck Moderate stiffness or two-thirds (2/3) loss of

Gr. 11

or lifting power of the trunk Slight rigidity or one-third (1/3) loss of motion

Slight stiffness or one-third (1/3) loss of motion of the neck Gr. 12

injuries/accidentscausing Crushing, Avulsions; Amputations; Shoulder; Bicipital tendinitis; Ruptured Bicipital Tendon and Shoulder Joint Dislocation among but not limited to workers who perform repeated above shoulder activities, and or repeated Shoulder Impingement Syndrome; Adhesive Capsulitis or Frozen Disordersoftheshoulder Rotator Cuff Tendinitis; Rotator Cuff Tear; Strain and Sprain; shoulder flexion,external rotation and abduction acquired orsecondary to Flail shoulder joint Ankylosis of one shoulder, the shoulder blade remaining rigid Gr. 7 Gr. 8

Gr. 9

blade remaining mobile Ankylosis of one (1) shoulder, the shoulder

Gr. 10 Ankylosis of the shoulder joint not permitting arm to be raised above a level with the shoulder

Gr. 11

Inability to raise arm more than halfway from horizontal to perpendicular

C. Disorders of the elbow acquired or secondary to injuries/accidents causing Crushing, Avulsions, Amputations: Lateral and Medical peritendonitis among but not limited to workers exposed to trauma Epicondylitis; Bursitis; Nerve Impingement Tenosynovitis and forceful and repetitive work/stress involving wrist dorsiflexion, forearm supination and/or pronation. Stiff elbow at full flexion or extension (one side) Gr. Gr. 8

Stiff elbow at right angle flexion

Gr. 9 Flail elbow joint; or Ability to move elbow between 90 and 1500 oniy

Gr. 10

position -- pronation); or Inability to turn forearm (forearm in abnormal

position-supination) Inability to turn forearm (forearm in normal

Gr. 11 Disturbance of the normal carrying angle or weakness of an arm or a forearm Disorders of wrist and injuries/accidentscausing Crushing, Avulsions, Amputations; Dislocation; de Quervain Tenosynovitis; Dupuytren' Contracture overuse of the thumb as in repetitive grasping/pinching*, repetitive and forceful gripping and sustained awkward postures of the wrist. Trigger Finger Mallet Finger Strain and Sprain; Fracture and; Carpal Tunnel Syndrome among but not limited to workers using hand/vibratory tools for activities involving frequently flexed or extended wrist, combination of repetition, force and posture, hand acquiredorsecondaryto Loss of opposition between the thumb and tips of the fingers of one hand Loss of grasping power for small objects between the fold of the finger of one hand; Gr. 10 Gr. 9

between fingers and palm of one hand; Loss of grasping power for large objects

Severely limited motion of the wrist; or

Ankylosed wrist in normal position

Gr. 1 Ankylosed wrist in position one third (1/3) flexed or half extended and/or severe limited action of a wrist

Disorders of the knee acquired or secondary to injuries/accidents Bursitis; Meniscal Tear; Patellar Tendinitis; Strain and Sprain; Dislocation among but not limited to workers whose work entails exposure to prolonged external friction, pressure or repetitive motion causing Crushing, Avulsions, Amputations, Knee Osteoarthritis; Fracture of the patella, tibia, femur and fibula; Synovitis and; about the knee Complete immobility of a knee joint in strong flexion Complete immobility of a knee joint in full extension; Gr. 10 Gr. 7

Pseudoarthrosis of a knee cap (patella); Ankylosis of a knee in genu valgum or varum; 1 Stretching of the ligaments of the knee resulting in instability of the joint

I Disorders of the ankle and foot acquired or secondary to tendinitis; Bursitis; Synovitis, and Dislocation, among but not limited to workers exposed to repetitive stress and trauma of the ankle and foot. *lateral pinch between the thumb and index finger injuries/accidents causing CrushingAvulsions,Amputations,Strain and Sprain; Fracture of the ankle and foot; Achilles tendon tear and Complete immobility of an ankle joint in abnormal position Gr. 10 Gr. 11

Complete immobility of an ankle joint in normat position

Gr. 12

Tearing of the Achilles tendon resulting in the impairment of active flexion and extension of a foot; or Depression of the arch of a foot resulting in weak foot

20.Peptic Ulcer Any occupation invoiving prolonged emotional or physical stress, as among professional people, transport workers and the like. Severe residuals abdominal organs requiring regular aid and attendance will make the seafarer unable to seek any gainful employment or impairment of intra Gr. 1

Gr. 5 Severe impairment [Short bowei syndrome obstruction hospitalization, severe malnutrition] after multiple requiring resections, persistent repeated

Gr. 7

post-surgical adhesions with intermittent Moderate Impairment [Chronic abdominal pain partial obstruction episodes, weight disability]: loss,malabsorption or recurrent ascites

abdominal organs resulting in impairment of nutrition,moderatetenderness, vomiting, constipation or diarrhea; Moderate residuals or impairment of intra- nausea,

Gr. 12

pain adhesions not limiting activity, mild Mild nutritional impairment]; Impairment[Occasionalabdominal

Slight residuals or impairment of intra- impairment of nutrition, slight tenderness, abdominal and/or infrequent constipation or diarrhea; or organs resulting in slight

discomfort after surgical repair Hernia, either recurrentor causing

21. Viral hepatitis with hepatitis virus; provided that the physician determining the causal 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 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. High severe impairment [Stage 4-Hepatic Encephalopathy] Severe impairment [Advanced cirrhosis (ultrasound and deranged liver function test), recurrent ascites with coagulopathy] Gr. 1 Gr. 4

Gr. 12

(ultrasound and deranged liver function test), controlled ascites] Moderate Impairment [Fatigue, mild cirrhosis

22. Asbestosis. Gr. 1

All of the following conditions must be met: a b. C. place, as duly certified to by the employer, orby a medical institution In case of ailment is discovered after the seafarer's retirement/separation from the company, the claim must be filed with The chest X-ray report of the seafarer must show findings of the appropriate agency within three (3) years from discovery. The seafarer must have been exposed to Asbestos dust in the work or competent medical practitioner acceptable to or accredited by the thickening, effusion, neoplasm and interstitial fibrosis; and System[SSS/GSIS]] asbestos or asbestos-related disease, e.g. pleural plaques, pleural Respiratory FailureRestinghypoxemia hypercapnia, home 02 dependent]; less than one lobe, both sides, or entire lung Severe (far-advanced lesion, involving not High one side) Dyspnea at rest/minimal exertion; frequent exacerbations despite medications severe impairment Gr. 6 Gr. 4 [End-Stage

Severe, persistent exacerbations of

pulmonarysymptomscausingfrequent limitation of daily physical activities; Moderate(moderatelyadvanced lesion involving one lobe, one side; or less than one lobe but both sides)

Gr. 8 Moderate Impairment [Exertional dyspnea: dyspnea with moderate exertion walking stairs)] 200400 meters, climbing 1-2 flights of

Gr. 9 Moderate, puimonary symptoms affecting activity and sleep at least once a week persistent exacerbations of

Gr. 12 Slight (minimal portion of one lobe as found either by fluoroscopy or x-ray, one side only) lesion involving a small

Mild, persistent exacerbations of pulmonary symptoms affecting activity and sleep at least once a month

23.Mental and Behavioural Disorders

Post-traumatic stress disorder (PTSD)

physical injury. A condition of the mind whereby unfavorable mental influences disturb the function of the body through nervous mechanisms. It may follow any

Severe (Such disturbance as to continually endanger self or others) Such disturbance as to continually endanger self or others; Gr. 1

permanentiy unable to perform any work Severe mental disorder or post-traumatic psychoneurosis which require regular aid and attendance to render the seafarer

2. Moderate (emotional disturbance under minimal stress with insomnia, persistent headache, and/or dizziness which greatly interfere with working capacity; or (60% NSD) Moderate dizziness with greatly interfere with working disturbances insomnia, capacity] persistentheadache. under minimal stresswith impairment Gr. 5 [Emotional and/or

psychoneurosis which limit the seafarer to the Moderate mental disorder or post-traumatic activities of daily living with some directed care or attendance

3 Slight mental disorder or post-traumatic psychoneurosis that requires little attendance or aid and which interferes to a slight degree with the working capacity or aid and which interferes to a slight degree with the working capacity. Slight mental disorder or post-traumatic psychoneurosis that requires little attendance Gr. 10

Slight (such symptoms as mild emotional disturbance which interferes with working capacity to a slight degree; (12% Non Scheduled Disabilities or NSD) Mild emotional disturbances which interferes with working capacity to a slight degree Gr. 11

SECTION 37. TABLE OF OFFENSES AND CORRESPONDING ADMINISTRATIVE PENALTIES

A. Pursuant to Section 21 (Disciplinary Procedures) and Section 22 (Termination of

Employment) of this Contract, the disciplinary grounds listed in the Tabie of Offenses and 48

Administrative Penalties hereunder or analogous acts thereto shall be penalized according to their gravity and frequency of commission, imposed by the Master of the ship. Such offenses shall be penalized as indicated.

B. Commission of a seafarer of any of the offenses enumerated in the Table of Offenses and administrative action at the DMW where the following corresponding penalty shall be Administrative Penalties hereunder or of similar offenses shall be grounds for disciplinary imposed.

C. The penalties for administrative actions by the Master, Designated Person Ashore (DPA) or any authorized and qualified person appointed by the shipowner, and/or the DMW provided filed against the seafarer. herein shall be separate and distinct from whatever appropriate criminal action that may be

TABLE OF OFFENSES AND CORRESPONDING ADMINISTRATIVE PENALTIES

OFFENSES (IMPOSED BY THE ADMINISTRATIVE PENALTIES MASTER) (IMPOSED BY THE DMW AFTER ADMINISTRATIVE PENALTIES INVESTIGATION)

T Smuggling or violation of any customs rules and regulations of the Philippines and of foreign ports, such as: a. Smuggling any taxable item Dismissal and to pay cost of Six (6) Months to One (1) Year his/her repatriation and cost of his/her replacement suspension from participation in the overseas employment program

b. Possession, narcotics or other similar or distribution, delivery, supply, or related contraband use of prohibited sale, transport, drugs Dismissal and to pay cost of his/her repatriation and of his/her replacement cost Permanent disqualification from participation employment program in the overseas

C. Gun-running firearms, ammunition, explosives, and/or related items thereto unauthorized possession 1r illegall of Dismissal and to pay cost of his/her repatriation and of his/her replacement cost One (1) Year and One (1) Day to Two (2) Years suspension from employment program participation in the overseas

d. Abetting or conniving with others to commit smuggling Dismissal and to pay cost of his/her repatriation and cost of his/her replacement Six (6) Months to One (1) Year suspension from participation in the overseas employment program

e. Misdeclaration declare articles leading to their seizure and fine to ship of or failing to Dismissal and to pay cost of Six (6) Months to One (1) Year his/her repatriation and cost of his/her replacement suspension from participation in the overseas employment program

1 Misdeclaration declare articles leading to their seizure implicated but the of or failing ship is to not Master's reasonable and sound (depending circumstances) discretion on Six (6) Months to One (1) Year suspension from participation in the overseas employment program

Penalties ranging from:

2 dismissal and cost of 1) reprimand or warning: repatriation and cost: of replacement or

g Possession of pornography against the ship materials seizure and other imposition leading pornographic than of child their fine Dismissal and to pay cost of his/her repatriation and of his/her replacement cost Six (6) Months to One (1) Year overseas employment program suspension from participation in the

h. Possession of child pornographic materials Dismissal and to pay cost of his/her repatriation and of his/her replacement cost One (1) Year and One (1) Day to Two (2) Years suspension from participation in the overseas

employment program

Any other violation of custom rules and regulations which will implicate the ship Dismissal and to pay cost of of his/her replacement his/her repatriation and cost Six (6) Months to One (1) Year overseas employment program suspension from participation in the

2.Desertion a. Deserting or attempting to desert his/her repatriation and cost Dismissal and to pay cost of of his/her replacement One (1) Year and One (1) Day to Two (2 Years suspension from participation employment program in the overseas

b. Advising, assisting or persuading another to desert Dismissal and to pay cost of his/her repatriation Six (6) Months to One (1) Year suspension from participation in the overseas employment program

3 Absence without leave a Abandoning or ieaving one's post or. duty without being properly relieved his/her repatriation and cost Dismissal and to pay cost of of his/her replacement Six 6 Months to One 1 Year overseas employment program suspension from participation in the

b. C. Leaving officers during or outside working Entrusting to others assigned permission hours officer duties without authority of superior the from ship responsible without Master's reasonable and Dismissal and to pay cost of his/her repatriation and cost of his/her replacement circumstances) sound (depending discretion on suspension from participation in the Six 6) Months to One 1 Year overseas employment program Six (6) Months to One (1) Year overseas employment program suspension from participation in the

Penalties ranging from:

2 reprimand or warning: of replacement dismissal and cost of repatriation and cost O

4. Sleeping on post while on duty Dismissal and to pay cost of his/her repatriation and cost of his/her replacement suspension from participation in the overseas employment program Six 6 Months to One 1 Year

5. Insubordination a.Any act of disobedience to lawfui orders of a superior officer his/her repatriation and cost Dismissal and to pay cost of of his/her replacement Six 6) Months to One 1) Year suspension from participation in the overseas employment program

b. Attempting to assault a superior persons with business at the ship officer, crew, passenger or other Master's reasonable and sound (depending circumstances) discretion on Six (6) Months to One (1) Year suspension from participation in the overseas employment program

Penalties ranging from:

2 reprimand or warning; dismissal and cost of repatriation and cost or of replacement

d.Behaving with disrespect towards C. Physically assaulting a superior officer, crew, passenger or other persons with business onboard the ship a superior officer Dismissal and to pay cost of his/her repatriation and cost Master's of his/her replacement (depending circumstances) sound reasonableand discretion on One (1) Year and One (1) Day to Six (6) Months to One (1) Year Two (2) Years suspension from employment program suspension from participation in the overseas employment program participation in the overseas

Penalties ranging from:

2 reprimand or warning; dismissal and cost of or repatriation and cost of replacement

e. Insultinga superior officer words or deeds by Master's sound (depending circumstances) reasonableand discretion on Six (6) Months to One (1) Year suspension from participation in the overseas employment program

Penalties ranging from:

2 reprimand or warning; dismissal and cost of repatriation and cost or of replacement

Inciting insubordination another to commit Master's reasonable and (depending sound circumstances) discretion on overseas employment program Six (6) Months to One (1 Year suspension from participation in the

Penalties ranging from:

2 dismissal and cost of reprimand or warning: repatriation and cost of replacement or

6. Drunkenness a. Drunk or intoxicated while on duty Dismissal and to pay cost of his/her repatriation and cost of his/her replacement One (1) Year and One (1) Day to Two 2) Years suspension from participation employment program in the overseas

b. Creating trouble on board due to alcohol intoxication Master's sound (depending circumstances) reasonableand discretion on One (1) Year and One (1) Day to employment program Two 2 Years suspension from participation in the overseas

Penalties ranging from:

c. Failure to perform assigned jobs due to alcohol intoxication Master's reasonable and sound (depending circumstances) 2 reprimand or warning: dismissal and cost of repatriation and cost of replacement or discretion on One (1) Year and One (1) Day to participation Two (2) Years suspension from employment program in the overseas

Penalties ranging from:

2 reprimand or warning: dismissal and cost of or

repatriation and cost of replacement

7 premises that unjustly implicates the ship Creating trouble outside the ship's Master's sound (depending circumstances) reasonableand discretion on suspension from participation in the Six 6 Months to One 1 Year overseas employment program

Penalties ranging from:

reprimand or warning: 1r

2 dismissal and cost of

repatriation and cost of replacement

8. Gambling a Any form of gambling, including online gambling, which results in fighting or any incident as to upset the harmonious relationship board the ship on Dismissal and to pay and cost replacement of his/her of repatriation his/her cost Six (6) Months to One (1) Year overseas employment program suspension from participation in the

b. Any other form of not purely recreational including online gambling, which is gambling, circumstances) Master's sound (depending reasonable and discretion on Six (6) Months to One (1) Year suspension from participation in the overseas employment program

Penalties ranging from:

2 reprimand or warning; or dismissal and cost of

repatriation and cost of replacement

9. Violation of company policies and regulations for:

a. Pilferage or theft of ship's store or Dismissal and to pay cargo replacement and cost of his/her of repatriation his/her cost Six 6 Months to One 1 Year suspension from participation in the overseas employment program

b. Pilferage or theft of ship's property of crew or passengers, or of other persons with business at the ship Dismissal and to pay Of and cost replacement his/her of repatriation his/her cost Six (6) Months to One (1) Year suspension from participation in the overseas employment program

c.Embezzlement of ship's funds Dismissal and to pay replacement of and cost his/her of repatriation his/her cos Six (6) Months to One (1) Year suspension from participation in the overseas employment program

D Unauthorized disposal of ship's properties for personal gain; Dismissal and to pay replacement of and cost his/her Of repatriation his/her cost Six (6) Months to One (1) Year overseas employment program suspension from participation in the

e. Any act of dishonesty with intention to defraud the company Dismissal and to pay of and cost replacement his/her of repatriation his/her cost overseas employment program Six (6 Months to One (1) Year suspension from participation in the

Gross negligence and failure to observe proper stowage and cargo handling procedures resulting in delay of ships and/or damage to cargoes Dismissal and to pay of and cost replacement his/her of repatriation his/her cost suspension from participation in the Six (6) Months to One (1) Year overseas employment program

g. Failure to observe and comply with baggage, parcels, and cargo regulation on non-manifested Master's sound (depending circumstances) reasonable discretion and on Six (6) Months to One (1) Year suspension from participation in the overseas employment program

Penalties ranging from:

2 1 reprimand or warning: dismissal and cost of repatriation and cost or of replacement

h. Failure to observe regulations on Master's reasonable and expiration of shore liberty circumstances) sound (depending discretion on Six (6) Months to One (1) Year overseas employment program suspension from participation in the

Penalties ranging from:

1 reprimand or warning; or 2 dismissal and cost of repatriation and cost of replacement

Being ieft behind by ship in any port without justifiable reason Dismissal and to pay of and cost replacement his/her of repatriation his/her cost Six (6) Months to One (1) Year overseas employment program suspension from participation in the

other persons Disorderly disrespect towards passengers or conduct and/or Dismissal and to pay of and cost replacement his/her of repatriation his/her cost Six (6) Months to One (1) Year suspension from participation in the overseas employment program

k Immorality so as to cast aspersion on the good name of the ship and the company his/her repatriation and cost Dismissal and to pay cost of of his/her replacement Six (6) Months to One (1) Year suspension from participation in the overseas employment program

Inflicting harm or injury to others (depending Master's reasonable and circumstances) sound discretion on Six (6) Months to One (1) Year suspension from participation in the overseas employment program

Penalties ranging from:

2 reprimand or warning: dismissal and cost of or

of replacement repatriation and cost

10. Incompetence and inefficiency of a seafarer Master's sound discretion (depending on circumstances) reasonable and Six (6) Months to One (1) Year suspension from participation in the overseas employment program

Penalties ranging from:

2 reprimand or warning: dismissal and cost of or

repatriation and cost of replacement

11.Inciting endanger the safety of the ship and destruction of ship's property, or any its crew similar mutiny, activity which malicious will Dismissal and to paycost of and cost replacement his/her of repatriation his/her One (1) Year and One (1) Day to Two 2 Years suspension from participation employment program in the overseas

12.Concerted approved contracts action to breach Dismissal and to pay and cost replacement of his/her of repatriation his/her cost Six (6) Months to One (1) Year overseas employment program suspension from participation in the

13. Any activity which tends to destroy and/or the company the between and among the ship's crew harmonious relationship Master's sound depending circumstances) reasonable discretion and on Six (6) Months to One (1 Year suspension from participation in the overseas employment program

Penalties ranging from

2 1 reprimand or warning: dismissal and cost of 1r repatriation and cost of replacement

14.Grave abuse of authority a. Grave abuse of authority causing death to any person on board the serious harm, injury, vessel illness o Dismissal and to pay and cost of replacement his/her of repatriation his/her cost Two (2 Years suspension from participation One (1) Year and One (1) Day to employment program in the overseas

Q Grave abuse of authority which disturbs relationship of ship's crew the harmonious Dismissal and to pay replacement of and cost his/her of repatriation his/her cost Six (6) Months to One (1) Year suspension from participation in the overseas employment program

C Grave abuse of authority resulting in loss of trust and confidence Dismissal and to pay of and cost replacement his/her of repatriation his/her cost overseas employment program Six 6 Months to One 1 Year suspension from participation in the

d. Any other authority case ofabuse of Master's sound (depending circumstances) reasonableand discretion on Six (6) Months to One (1) Year suspension from participation in the overseas employment program

Penalties ranging from:

1 reprimand or warning;

2 dismissal and cost of repatriation and cost of replacement o

15. Gross misbehavior prejudicial to good order and discipline Master's reasonable and sound circumstances) (depending discretion on overseas employment program suspension from participation in the Six (6 Months to One (1) Year

Penalties ranging from:

2 reprimand or warning: repatriation and cost dismissal and cost of of replacement or

16.Gross damage, deterioration of the ship's stocks and property negligence Ioss spoilage resulting or in Master'sreasonableand (depending sound circumstances) discretion on Six (6) Months to One (1) Year suspension from participation in the overseas employment program

Penalties ranging from:

2 reprimand or warning: dismissal and cost of repatriation and cost of replacement or

17. Connivance with or coddling of stowaway Dismissal and to pay of and cost replacement his/her Of repatriation his/her cost Two 2 Years suspension from One 1 Year and One 1 Day to participation employment program in the overseas

18. Wilifully making false statements, reports, certifications or documents for personal gain or with intent to mislead or defraud the company or authorities Dismissai and to pay . cost replacement and cost of his/her of repatriation his/her One 1 Year and One 1 Day to employment program Two (2 Years suspension from participation in the overseas

19. Any other case as to cast aspersion on the good name of the company and ship Master's reasonable and sound circumstances (depending discretion on suspension from participation in the Six (6 Months to One (1) Year overseas employment program

Penalties ranging from:

2 reprimand or warning: dismissal and cost of O repatriation and cost of replacement

20. Violation to environmental rules/regulations observe safety and Master's (depending sound circumstances) reasonableand discretion on Six (6) Months to One (1) Year suspension from participation in the overseas employment program

Penalties ranging from:

2 1 reprimand or warning: of replacement dismissal and cost of repatriation and cost or

21. Failure to comply with the drug and alcohol policy of the company Dismissal and to pay his/her repatriation and cost of] his/her replacement cost ofSix (6) Months to One (1) Year suspension from participation in the overseas employment program

22. Submitting, furnishing, or using misrepresentation for the purpose of faise documents or any form of gross job application or employment material information or Dismissal and to pay cost ofOne (1) Year and One (1) Day to his/her repatriation Two 2 Years suspension from employment program participation in the overseas

23. Other forms of misrepresentation relative to the overseas employment of the seafarer Master's sound discretion depending on circumstances reasonabie andSix (6) Months to One (1) Year suspension from participation in the overseas employment program

Penalties ranging from:

reprimand or warning: dismissal and cost of repatriation and cost of or replacement

24. Sexual assault, rape, murder, acts of terrorism, and other heinous crimes Dismissal and to pay and cost replacement of his/her of repatriation his/her cost delisting from participation in the overseas employment program of Permanent the DMW disqualification or

25. Unjustified breach of employment contract by the seafarer Dismissal and to pay cost of his/her repatriation Two (2 Years suspension from employment program One 1) Year and One 1 Day to participation in the overseas

26. Gross violation of LMA policies and regulations his/her repatriation Dismissal and to pay cost of Two 2 Years suspension from One (1) Year and One (1 Day to participation inthe employment program overseas

27. Conviction for violation of the Anti- Violence gender-based violence Children Act (RA No. 9262) or any other relevant Against laws Women involving and Dismissal and to pay cost of his/her repatriation One (1) Year and One (1) Day to employment program Two (2 Years suspension from participation in the overseas

28. Violation of the Code of Discipline for Seafarers Master's (depending sound circumstances) reasonable and discretion On Six 6 Months to One 1 Year suspension from participation in the overseas employment program

Penalties ranging from:

2) dismissal and cost of 1) reprimand or warning; Or repatriation and cost of replacement

Seafarer Employer

Date: DMW Approval:

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