DMW-DC-08-2026 — 2026 DMW Standard Employment Contract Governing Overseas Fishers, which shall likewise take effect on 3 July 2026

Mepartment of Aliarant Morkers Blas F. Ople Building, Ortigas Avenue cor. EDSA, Mandaluyong City 1550 Republic of the Philippines

Website:w LFmai 722 1152, 8722 1155, 8822 N59, 8724 3665 BACONC PILIPINAS

DEPARTMENT CIRCULAR NO. 0 8

STANDARD EMPLOYMENT CONTRACT GOVERNING OVERSEAS FISHERS PROMULGATING THE 2026 DEPARTMENT OF MIGRANT WORKERS

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 fishers onboard commercial fishing Philippine government tasked to protect the rights and promote the welfare of vessels on international waters;

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; the rights and promote the welfare of OFWs and their families by, among others,

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

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

and pertinent international agreements to which the Philippines is a party; board foreign registered commercial fishing vessels or vessels fishing in distant WHEREAS,Section 97 of R.A.No. 12021 directs the DMW to ensure that OFWs on waters, are given adequate protection under the relevant provisions of R.A. No. 12021

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 be required to implement and realize the objectives of the said law; consultation with the stakeholders, to carry out policies, plans, programs, or projects pursuant to the provisions of R.A. No. 11641, and exercise such other powers as may

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

DEPARTMENT OF MIGRANT WORKERS General Services Divisior Administrative Service

Date:June 08, 2026 RECEIVED By:_RICHIE M.GUEVARRA Time: 11:15 A.M. By: DMW General Services Division on _ June 08, 2026 CONTROLLED AND DISSEMINATED

NOW THEREFORE, in consideration of the foregoing, and with the consensus of all

promulgates the attached Standard Employment Contract for Overseas Fishers. stakeholders after a series of tripartite consultations, the DMW hereby issues and

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

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

HANS LEO J.CACDAC Secretay

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

Standard Employment Contract Governing Overseas Fishers

SEC-F)

Article I -- General Provisions

Section 1. Scope and Coverage.

observed in their employment on board commercial fishing vessels plying international routes and conducting fishing activities outside the territorial jurisdiction of the Philippines. This Standard Employment Contract for Overseas Fishers provides the minimum standards to be

favorable to the Fisher than those provided herein. Where higher standards are stipulated provided such terms are not contrary to law, morals, good customs, public order, or public policy. whether by the flag State's laws, vessel owner's policies, Collective Bargaining Agreements Nothing in this document shall prevent the parties from agreeing to terms and conditions more (CBAs), or customary practices -- the most beneficial provisions to the Fisher shall prevail

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 fishing vessel owner/operator:

a. Fails to cover the cost of the Fisher's repatriation; or

b. Has left the Fisher 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 Fisher, including failure to pay contractual wages for a period of at least two (2) months.

2. Allotment -- refers to the amount of remittance to be received by the Fisher's allottee/s.

3. Allottee -- refers to any person named or designated by the Overseas Fisher as the recipient of the remittance to the Philippines.

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

5 Basic Wage - refers to the salary/wage exclusive of overtime, leave pay, holiday pay as well as other allowances and bonuses

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

7. Bullying -- refers to a form of harassment that includes hostile or vindictive behavior, which the negative or hostile behavior of another group of people or individual. can cause the recipient to feel threatened or intimidated. It results in a work environment in which a group of people or an individual may become threatened or intimidated because of

8. Collective Bargaining Agreement (CBA) - refers to the negotiated contract between a legitimate labor organization or a Fisher's authorized representative and the fishing vessel owner/operator concerning wages, hours of work, and all other terms and conditions of employment on board the vessel or ship. It sets out standards, terms, and conditions of

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public policy. employment, provided that it is not contrary to law, morals, good customs, public order, or

9. Commercial Fishing -- refers to all fishing operations with the exception of subsistence fishing and recreational fishing.

10. Compensatory Rest Period -- refers to rest periods granted to Fishers to compensate for work was missed or interrupted to ensure that Fishers have sufficient time to recover and prevent performed during previously scheduled rest periods that were interrupted or not taken due to unforeseen circumstances. The compensatory rest period must be equivalent to the time that excessive fatigue. necessary tasks related to catching fish, processing the catch, or due to emergencies or

11. Compassionate Ground - refers to incidence of death or serious injury or illness of an and/or relatives of the Fisher within the fourth degree of consanguinity or affinity. immediate member of the Fisher's family which includes their parents, spouse, or children,

12. Contract -- refers to the Standard Employment Contract for Overseas Fishers approved by the Department of Migrant Workers as formulated through tripartite consultation.

13. Convenient Port -- refers to any port or anchorage where it is practicable, economical, safe and convenient to repatriate the Overseas Fisher.

14. Dental Treatment -- covers tooth extraction, dental surgery, and/or provisions of dentures, excluding root canal treatment and dental implants, if necessary, due to accident or work- related injuries.

15. Department -- refers to the Department of Migrant Workers.

16. Departure - refers to the actual departure from the point of hire through air, sea or land transport to join the vessel at a Philippine or foreign port.

17. Overseas Fisher or Fisher -- refers to a Filipino, at least 18 years of age, who is employed or persons temporarily carrying out work for fishing vessels, fisheries observers, and persons international waters outside the territorial jurisdiction of the Philippines. This excludes pilots, naval personnel, other persons in the permanent service of a government, shore-based serving on board in a port, in rivers, lakes or canals, or persons fishing for sports or recreation. engaged in any capacity or carrying out an occupation on board any fishing vessel plying

18. Fishing Vessel or Vessel -- refers to any ship or boat, of any nature whatsoever, irrespective limited to, fishing boats, purse seiners, longline fishing vessels, pacific saury or squid saury and trawlers. of the form of ownership. used or intended for commercial fishina. and this includes. but is not

19. Fishing Vessel OwneriOperator - refers to the owner of the fishing vessel, or any other responsibilities on behalf of the fishing vessel owner. the responsibility for the management and the day-to-day operations of the vessel from the owner. By assuming such responsibility, they have agreed to take over the duties and responsibilities imposed on the fishing vessel owner in this Contract and/or international conventions, regardless of whether any other organization or person fulfills certain duties or organization or person, such as the manager, agent, bareboat charterer, who has taken over

20. Forced or compulsory labor -- refers to all work or service which is exacted from any person voluntarily. under the threat of a penalty and for which the person has not offered himself or herself

21. Foreign Port -- refers to any port other than a Philippine airport or seaport.

22. Harassment - refers to 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.

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23. Master or Skipper - refers to the Fisher having command of a fishing vessel and is the representative of the fishing vessel owner/operator.

24. Mistreatment - refers to the failure of the fishing vessel owner/operator to provide its Fishers a safe working environment where their welfare, occupational safety, and health are board the fishing vessel. effectively protected. This includes failing to provide decent working and living conditions on

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

26. Point of Hire -- refers to the place indicated in this Contract, which shall be the basis for determining the commencement and termination of employment.

27. Principal - refers to any person, partnership, or corporation employing or engaging Fishers through a Licensed Manning Agency (LMA) to work on board a commercial fishing vessel directly or indirectly, as the representative of the fishing vessel owner.

28. Recruitment -- refers to all activities related to advertising, information dissemination, sourcing. selection, hiring, transport, and placement of Fishers for work on fishing vessels, including return to the country of origin where applicable.

29. Recruitment Fees and Related Costs -- refers to any fees or costs incurred by Fishers during the recruitment, placement, or hiring process, regardless of the manner, timing, or location of their imposition or collection.

30. Regular Working Hours -- refers to eight (8) working hours within the period of twenty-four (24) hours.

31. Repatriation - refers to the process of returning an Overseas Fisher to the point of hire in cases provided in Section 29 of this Contract. In case of permanent or temporary incapacity or death, the Fisher or his/her remains shall be repatriated to the point of hire or the Fisher's place of domicile, at the option of the Fisher or the Fisher's next of kin.

32. Rest Periods -- refers to the minimum periods of rest required under national laws, regulations, or other measures, ensuring Fishers are not subjected to excessively long working hours.

33. Shipwreck - refers to the damage or destruction of a vessel at sea caused by collision, storm grounding, or any other marine peril at sea or in port rendering the vessel absolutely unnavigable or unable to pursue its voyage.

34. Work-Related illness -- refers to any sickness resulting in disability or death as a result of an therein satisfied. occupational disease/iliness listed under Section 37-B of this Contract with the conditions set

35. Work-Related Injury - refers to injury(ies) resulting in disability or death arising out of and in the course of employment.

Section 3. Rights of Overseas Fishers.

All Overseas Fishers shall have the following rights under this Contract:

1. Right to timely receive their just compensation and to decent working and living conditions on board the commercial fishing vessel operating on international routes outside the territorial jurisdiction of the Philippines.

2. Right to be informed of the tasks to be performed on board the fishing vessel and to refuse work that is not within their competency or outside the scope of this Contract. In case of document the situation for reporting to the agency and the Department. inability to refuse the task or work due to conditions at the vessel, the Overseas Fisher should

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3. Right to refuse unsafe work if an imminent danger situation exists that could lead to death or serious physical harm, until the situation is rectified

4 Right to form, join, or assist in the formation of a labor organization of their choosing for

Iaw, and to participate in the formulation of policies that affect them. purposes of collective bargaining, to engage in concerted activities in accordance with the

5. Right to be protected against all forms of harassment and bullying while on board the fishing vessel or onshore. The Employer shall ensure that harassment and bullying do not take place and put policies that protect all Fishers and fishing crew members, alike.

6. Right to be protected from discrimination on the basis of race, sex, age, gender, religion, or political opinion on board and onshore. The Employer shall have a policy on anti- discrimination on board and onshore.

7. Right to free legal assistance and protection by the Employer on work-related cases or arising from observance or implementation of the Master/Skipper's instruction/s or in defense of their coordinate the matter with the nearest Migrant Workers Office (MWO) or with the Department or the Overseas Workers Welfare Administration (OWWA). right/s in a foreign territory. The Employer, through the manning agency, shall immediately

The Employer shall also pay the benefits and/or other forms of assistance during detention of Overseas Fishers subject to the applicable CBA or the Department's issuances.

8. Right to immediate daily sustenance, rescue, and repatriation back to the point of hire, and legal representation in case of abandonment of the fishing vessel at sea or other cases of the Fishers' detention.

9. Right to compassionate visit by one (1) family member as provided under Section 37-A(g) of Republic Act No. 8042, otherwise known as the Migrant Workers and Overseas Filipinos Act the transportation and accommodation costs. Other costs such as visa and travel requirements shall be for the visitor's cost. of 1995, as amended by Republic Act No. 10022, when the Overseas Fisher is hospitalized and has been confined for at least seven (7) consecutive days. The Employer shall pay for

The right to compassionate visit shall also be extended to Fishers who are detained in connection with commission of alleged crimes.

10. Right to appropriate medical care on board and right to be taken ashore promptly for medical Act No. 8042, otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995, treatment in case of serious injuries and illnesses and when an adequate medical facility is not available, by a mode of transport necessary as provided under Section 37-A(h) of Republic as amended by Republic Act No.10022.

Section 4.Right to Information of a Fisher's Family or Next of Kin.

In critical incidents, such as, but not limited to, accidents or deaths on board or offshore, piracy. next of kin, including any investigation conducted, and shall furnish them with copies of any reports, action/s taken, and plans by the fishing vessel ownerloperator and the manning agency abandonment of vessel, and other attacks against the vessel and/or its crew, the fishing vessel owner/operator or principal and the LMA shall immediately inform the Overseas Fisher's family or concerned with regard to remedies, mitigation, or repatriation.

Department within five (5) calendar days from being informed of the critical incident. The fishing Overseas Fishers as required by applicable laws, rules and regulations. The fishing vessel owner/operator and the concerned LMA shall report the critical incident to the vessel owner/operator and the LMA shall immediately provide the appropriate assistance to the

Moreover, the fishing vessel ownerloperator and the LMA shall provide periodic bi-monthly reports of the action taken to the Fisher's family or the next of kin and the Department, as applicable, until

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the matter is resolved. Failure to comply with the foregoing reportorial requirements shall be a ground for the imposition of the appropriate penalties, as prescribed by the Department.

Section 5. Duties of the Employer -- Fishing Vessel Owner/Operator, Licensed Manning Agency, and Master/Skipper -- and of Overseas Fishers.

1.The Employer (Fishing Vessel Owner/Operator, LMA, or Master/Skipper) shall:

a. Promptly pay the wages of the Overseas Fisher every month and remit the allotment which

designated allottee/s in the Philippines through any authorized Philippine bank, at no consent of the Overseas Fisher and approval of the Department; expense to the Overseas Fisher. Any arrangements or agreements between the Fisher could be at least eighty percent (80%) of the Fisher's monthly salary, which shall consist earned in excess of allotment, at intervals consented to by the Overseas Fisher, to the and the principal as to the payment of wages and remittance shall be with the prior written of basic wage plus fixed or guaranteed overtime, including backwages or the amount

b. Provide the Overseas Fisher under its employ a copy of the written employment contract

appropriate insurance coverage, including exchange rates used, when applicable; CBA, if applicable, and detailed payslip or payroll slip clearly indicating the amount paid, deductions made, and the legal and/or contractual basis for the deductions, as well as

C. d. Provide a seaworthy fishing vessel and take all reasonable measures to ensure the health Expeditiously settle all valid claims of the Overseas Fisher;

vessel or slippery surfaces), injury (such as those caused by heavy, dangerous or and safety of the crew, including provision of safety equipment, protective and safety devices such as Personal Protective Equipment (PPE), fire prevention, equipment guarding, safe and proper navigation of the vessel, and such other precautions necessary to avoid accident (such as being washed overboard,tripping or falling due to motion of the unguarded winches or equipment), or sickness of the fishing crew;

e. Provide all engaged Overseas Fishers, particularly new hires, with comprehensive job safety and health, including familiarization with the workplace and peculiarities of the work to deployment on the proper use of fishing gear, fishing techniques, and occupational environment at sea safety instructions and orientation on the type of fishing vessel, and conduct training prior

I. Inform the Overseas Fishers of the hazards associated with their work, health risks involved or to which they are exposed, preventive and protective measures to eliminate or minimize the risks, and steps to be taken in cases of emergency, providing where necessary, measures to deal with emergencies and accidents including first-aid

arrangements

g. Provide decent working and living conditions on board fishing vessels, including access to potable water, clean and adequate food, medical care, rest periods, sleeping quarters. and conditions that facilitate minimum standards of health and hygiene;

h.Ensure no forced or compulsory labor and other mistreatment on board the fishing vessel;

Make operational on board the vessel the grievance machinery provided in this Contract and ensure free access to it at all times by the Overseas Fisher;

J Provide regular opportunity to disembark, unrestricted access to their identity documents. ability to terminate this Contract and seek repatriation, and reasonable access to communication facilities while on board the fishing vessel;

k. Observe the Code of Discipline under the Department's Rules and Regulations Governing the Recruitment and Employment of Seabased Overseas Filipino Workers and/or the standards of professional conduct that fosters a respectful and safe working environment; Code Ethics for Seafarers, as applicable, and the Master/Skipper shall uphold the highest

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Ensure the reasonable, timely, and safe repatriation from a convenient port to the point of hire, taking into account the needs, reasonable requirements for comfort, and the dignity of the Overseas Fisher, all costs related to repatriation shall be borne by the fishing vessel owner/operator or the LMA concerned and shall expedite the repatriation without prior determination of the cause of repatriation or the cause of the termination of the Fisher's employment; and

m. Extend coverage to the Overseas Fishers under the Philippine Social Security System portability and accessibility of benefits shall be ensured. (SSS), Philippine Health Insurance Corporation (PhilHealth), Employees' Compensation Commission (ECC), and Home Development Mutual Fund (Pag-IBIG Fund). In multilateral or bilateral agreements entered into by the Philippine government with other countries, the

2. The Overseas Fisher shall:

a. Diligently perform all duties as Fisher or in other capacity engaged by the Employer fishing equipment"or gears; setting, deploying, and retrieving nets or hauling lines; handling and processing of catch; and performing general maintenance tasks on the onboard the fishing vessel, including, but not limited to: operating and maintaining the fishing vessel;

b. Abide by the Code of Discipline under the Department's Rules and Regulations Governing the Recruitment and Employment of Seabased Overseas Filipino Workers and/or the Code of Ethics for Seafarers, as applicable;

C. Comply with the lawful commands of the Master/Skipper or any person lawfully designated

d. Faithfully comply with the terms and conditions of this Contract, observe company e. Observe occupational health and safety standards in the vessel, make proper use of all policy(ies), and follow regulations or restrictions concerning safety, drug and alcohol use, safeguards and safety devices furnished for the protection of everyone on board, including being suitably dressed for safety point of view for the job, follow instructions to prevent injuries, accidents and imminent danger situations, observe the prescribed steps in case of emergency, and report any hazard that may be discovered in the vessel: or authorized to succeed him/her; and environmental protection

f.Be responsibie for one's health while on board by maintaining a healthy lifestyle and taking necessary medication as prescribed by the PEME doctor, if there be any:

g. Keep their quarters and other living spaces - such as mess rooms, toilets, bathrooms the regular working hours and for which the Employer shall pay no overtime pay; alleyways, and recreation rooms - clean and tidy; the work is to be performed outside of

h. Submit to the order of the Master/Skipper or to the laws of any country within the territorial jurisdiction of which the vessel may enter to have such vaccination or inoculation or to undertake measures safeguarding their health and of the whole crew;

1. Conduct one's self in an orderly and respectful manner towards co-workers, crew,

stevedores, port authorities, and other persons involved in official business with the vessel;

j. Report forced labor or cases of mistreatment to the Master/Skipper or Employer, if possible, otherwise, report the same after disembarkation to the port state; and

k. Comply with all security protocols established on board including, but not limited to:

i. Participation in all mandatory drills and training sessions; and

ii. Proper and correct use of safety and rescue equipment.

Section 6. Commencement and Duration.

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The employment contract between the Employer and the Overseas Fisher shall commence and the Overseas Fisher shall be deemed "engaged" at the point of hire upon approval of immigratior

Fisher's date of arrival at the point of hire upon termination of his/her employment pursuant to Section 27 and/or Section 28 of this Contract. authorities for departure and with a Department-approved contract. It shall be effective until the

to mutual consent of both parties, with the approval of the Department. The period of employment shall be for a period mutually agreed upon by the Fisher and the Employer but not to exceed twelve (12) months. Any extension of this Contract shall be subject

Notwithstanding the foregoing, the Fisher's employment agreement shall continue to have effect either party has given notice to suspend or terminate it. while a Fisher is held captive on or off ship as a result of acts of piracy, armed robbery against ships, or other armed attacks regardless of whether the date fixed for its expiry has passed or

Section 7. Pre-Employment Medical Examination (PEME) and PEME/Medical Certificate.

whatever the results of such examination. The Overseas Fisher shall truthfully answer the the flag State or Employer, whichever will provide the highest protection to the health and safety of the Overseas Fisher. It is the duty of the Overseas Fisher to undergo a Pre-Employment Medical Examination (PEME) only in Department of Health (DOH) -accredited Medical Facilities for Overseas Workers and Seafarers (MFOWS) or designated MFOWS of the Employer, at the Employer's expense questions as required according to the standards set by the DOH or by the medical protocol of

A PEME/Medical Certificate shall be issued to attest to the Fisher's fitness to perform their duties fit for duties; and (b) the Fisher is not suffering from any medical conditions likely to be aggravated and that the Fisher met the minimum health requirements and is physically and mentally fit to work. The Certificate shall specify at the minimum that: (a) the hearing and sight of the Fisher is by working on board a fishing vessel or render the Fisher unfit for service or endanger the safety shall not exceed a maximum period of two (2) years. or health of others on board. The PEME/Medical Certificate shall state its period of validity, which

Section 8. Free Passage from the Point of Hire to the Port of Embarkation; Baggage Allowance.

excess baggage shall be for the account of the Overseas Fisher. by the Employer. The Overseas Fisher shall travel by air or as otherwise directed at the expense The Overseas Fisher shall join the vessel or be available for duty at the date and time specified of the Employer. The baggage allowance provided by the airlines shall be complied with and any

Article ll -- Hours of Rest, Wages, and Compensation for Work-Related Events

Section 9. Minimum Hours of Rest.

The Overseas Fisher shall be granted a minimum hours of rest, 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

hours. Short breaks and mealtimes are not included in the calculation of rest periods. The ten (10)-hour rest period can be divided into two periods, one of which shall be at least six (6) hours, and the interval between consecutive periods of rest shall not exceed fourteen (14)

Section 10. Compensatory Rest Period.

In case of emergencies, nothing in this Section shall be deemed to impair the right of the Master/Skipper of a vessel to require a Fisher to perform any hours of work necessary for the

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immediate safety of the vessel, the persons on board, or the catch, for the purpose of giving assistance to other boats, ships, or persons in distress at sea, or other emergencies.

Accordingly, the Master/Skipper may suspend the schedule of hours of rest and require a Fisher interrupted rest to reduce or prevent the effects of fatigue. practicable and after the necessary work is completed, the Master/Skipper must ensure that any to perform any hours of work necessary until the normal situation has been restored. As soon as Fishers who worked during their scheduled rest are given a period of rest equivalent to missed or

Section 11. Records of Hours of Work or Daily Hours of Rest.

Master/Skipper. monitoring of compliance to the above sections. The Fisher shall be provided a copy of these records which shall be certified by the Master/Skipper or a person authorized by the The record of the Fisher's hours of work or daily hours of rest shall be maintained to allow

Section 12. Wages.

A. All Fishers shall be paid for their work regularly and in full in accordance with this Contract.

B. Without prejudice to higher rates provided under a CBA or by the Employer as company Fisher on board commercial fishing vessels plying international routes and conducting this Contract, which shall in no case be lower than the standard set by the Department in accordance with prevailing industry rates, and regularly paid in full at ieast once a month. practice or policy, or as required by the flag of registry, the minimum wage applicable to a fishing activities outside the territorial jurisdiction of the Philippines shall be as provided ir

C. Fishers 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.

D. Where a Fisher is held captive on or off ship as a result of acts of piracy, armed robbery against ships, or other armed attacks, wages and other entitlements under this Contract relevant CBAs, or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the Fisher is released

determined in accordance with applicable national laws or regulations. and duly repatriated or, where the Fisher dies while in captivity, until the date of death, as

Section 13. Payment on Board.

shall be at the Master's/Employer's discretion. Payment of shipboard pay in foreign ports shall be subject to the currency control regulations at the port abroad and to the official rate of exchange prevailing at the time of payment. Advances

Emergency Duty. Section 14. Open, Fixed or Guaranteed Overtime, Rest Day Pay, Holiday Pay and

The Fisher shall be compensated for all work performed in excess of the regular working hours as defined herein. 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 wage. This fixed rate overtime shall include overtime work performed on rest days and holidays but shall not exceed one hundred five (105) hours a month.

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3. Work on Rest Days - any hours of work or duty performed on designated rest days shall be paid rest day pay.

4. Work on Holidays - any hours of work or duty performed on designated holidays shall be paid 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 Movable Date

4. Araw ng Kagitingan (Bataan & Corregidor Day)- April 9

5. Labor Day May 1

6. Independence Day June 12

National Heroes Day Last Monday of August

8. All 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

holidays enumerated herein at some other day, provided that there is no diminution of benefits as a result of such arrangement and that the same is beneficial to the Fisher. Notwithstanding the foregoing, the Fisher may agree in writing to swap holidays or to avail the

5 Emergency Duty. No overtime work shall be considered for any work performed in case of emergency affecting the safety of the vessel, crew, or cargo, of which the Master/Skipper shall

be the sole judge, or for fire, boat, or emergency drill, or work required to give assistance to after the normal situation has been restored, the Master/Skipper shall ensure that any Fishers who have performed work in cases of emergency other vessels or persons in immediate peril, or other e compensatory rest period as provided under Section 10 of this Contract. emergencies. As soon as practicable and are provided with an adequate

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.

Section 15. Leave Pay

Fisher at the point of hire. as agreed upon. Days leave shall not be less than four and a half days (4 1/2) for each month of The Overseas Fisher's leave pay shall be in accordance with the number of days leave per month service and pro-rated. Leave pay shall be settled within two (2) weeks after arrival of the Overseas

Section 16. Shore Leave

the port State or due to safety or operational reasons. The Overseas Fisher shall be entitled to reasonable periods of shore leaves when off duty, upon arrival in port, except when leaving the vessel is prohibited or restricted by relevant authorities of

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Section 17. Compensation for Work-Related Iliness or Injury.

employment between those dates, the Employer's liabilities are as follows: When the Overseas Fisher suffers 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

1. Immediate medical attention when required at Employer's expense;

2. To continue to pay the Overseas Fisher's wages at pro-rata payment of their basic wage while on board the vessel until they have been repatriated;

3. If the injury or illness requires medical and/or dental treatment in a foreign port, the Employer as well as board and lodging until the Overseas Fisher is declared fit to work or to be shall be liable for the full cost of such medical, serious dental, surgical, and hospital treatment repatriated.

4. In case of medical repatriation, all costs related to repatriation, including transport through medical evacuation, with medical or non-medical escorts, until transport to repatriation the fishing vessel owner/operator or LMA concerned. destination at the option of the Overseas Fisher's family or next of kin, shall be shouldered by

5. If after repatriation, medical attention arising from said injury or illness is still required, the Overseas Fisher shall be so provided until such time that they are declared fit or the degree of their disability has been established by the company-designated physician, at Employer's

Cost.

a. For this purpose, the Overseas Fisher, within three (3) working days upon return, shall if physically incapacitated to do so, a written notice to the LMA within the same period physician for treatment until they are declared fit to work or given a disability grading. is deemed compliance. submit to a Post-Employment Medical Examination by a company-designated

b. From signing-off from the vessel for medical treatment, a sickness allowance equivalent to the basic wage shall be provided on a regular monthly basis until the Overseas Fisher is declared fit to work or the dearee of permanent disability has beer

disability. one hundred twenty (120) days, which is the period for treatment of temporary total assessed by the company-designated physician. In no case shall this period exceed

However, if the Overseas Fisher is undergoing further medical attention, the period

already exists or the Fisher is alreadv fit to work as iustified by their medical condition the Employer to declare within this period that a permanent partial or total disability may be extended to a maximum of two hundred forty (240) days subiect to the right o:

during this period, the Employer shall reimburse the cost. If the treatment is on an out- patient basis, as determined by the company-designated physician, the Employer shall If the Overseas Fisher is prescribed medicines by the company-designated physician approve the appropriate mode of transportation and accommodation. Payment or reimbursement of the reasonable cost of actual travel expenses and accommodatior

proof of expenses. and the cost of medicines shall be subject to the submission of official receipts and

In the course of the treatment, the Fisher shall also report regularly to the company- of the right to claim the above benefits. designated physician on the dates prescribed and agreed to by the Fisher. Failure of the Fisher to comply with the mandatory reporting requirement shall result in forfeiture

c.If the Overseas Fisher disagrees with the final assessment of the company-designated physician, the Overseas Fisher must file, within thirty (30) calendar days from receipt physician, he/she may seek a re-evaluation by a physician of choice who specializes on his/her illness or injury. If the physician of the Fisher's choice issues a disability grading that is different or contrary to the medical findings of the company-designated

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of his/her physician's findings, a written request with the Department to refer the conflicting medical gradings to a Third Doctor.

the Overseas Fisher. The Third Doctor should be duly trained in the determination of The Third Doctor shall be mutually selected by the Employer and Overseas Fisher from a pool of DOH-accredited medical specialists relevant to the injury or illness of maritime disability grading. In the absence of an agreement, the Third Doctor shall be drawn by the Department from the list of DOH-accredited doctors, and the appointment of the Third Doctor shall not be subject to appeal.

With all the medical documents considered and issued by the company-designated physician and the Fisher's physician of choice, the Third Doctor shall determine the final disability grading, which shall be binding on both parties.

When the issue involves the Overseas Fisher's disability grading, fitness to work, or illness or injury, completion of this process is required prior to the filing of any dispute settlement, arbitration proceeding, or legal action. The Third Doctor's assessment shall strictly adhere to the Schedule of Disabilities as provided in Section 37 of this Contract or the applicable CBA

6. A finding of injury or illness not listed in Section 37-A and Section 37-B of this Contract is disputably presumed as work-related.

I Upon sign-off of the Fisher from the vessel for medical treatment, the Employer shall bear the

full cost of repatriation in the event the Fisher is declared: (1) fit for repatriation; or (2) fit to work but the Employer is unable to find employment for the Fisher on board his/her former vessel or another vessel of the Employer despite earnest efforts

8. In case of permanent total or partial disability caused by either injury or illness, the Fisher shall 37-A of this Contract. Computation of the compensation arising from an illness or disease be compensated in accordance with the schedule of compensation enumerated in Section shall be governed by the rates and the rules of compensation applicable at the time the illness or disease was contracted.

in Section 37-A and Section 37-B and shall not be measured or determined by the number The amount of disability compensation shall be based solely on the disability grading provided

of days a Fisher is under treatment or the number of days in which sickness allowance is paid.

9. The compensation mentioned above shall be separate and distinct from,and will be in addition to whatever the Overseas Fisher is entitled under Philippine laws such as from the SSS OWWA, ECC, PhilHealth and the Pag-IBIG Fund.

10. When requested, the Employer shall furnish the Overseas Fisher a copy of all pertinent medical reports or any records at no cost to the latter.

Section 18. Compensation for Work-Related Death.

In case of work-related death during the term of this Contract, the Employer shall pay the time of payment, an amount equivalent to Fifty Thousand US dollars (US$50,000) and an twenty-one (21) years but not exceeding four (4) children. Overseas Fisher's beneficiaries in Philippine Currency, at the exchange rate prevailing during the additional amount of Seven Thousand US dollars (US$7,000) to each child under the age of

2 1. Where death is caused by warlike activity while fishing within a declared war zone, warlike, or For the purpose of this Section, an Overseas Fisher shall be regarded as an employee of the high-risk area, the compensation shall be double the amount above stated. The Employer shall undertake appropriate war zone, warlike, or high-risk area insurance coverage for this puose

Employer for so long as the death is directly attributable to sickness or injury that caused the Overseas Fisher's employment to be terminated.

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3. If the Overseas Fisher goes missing at sea, whilst at the employment of the Employer, including missing by accident or as a result of marine or other similar peril, but excluding missing due to an act of suicide, the Overseas Fisher shall likewise be entitled to the same compensation under this Section.

4. The compensation for work-related death shall be separate and distinct from, and will be in the SSS, OWWA, ECC, PhilHealth, and Pag-IBIG Fund, if applicable. addition to, whatever benefits the Overseas Fisher is entitled to under Philippine laws from

5. Other liabilities of the Employer when the Overseas Fisher dies as a result of work-related

njury or illness during the term of employment are as follows:

a The Employer shall pay the deceased's beneficiary all outstanding obligations due the Overseas Fisher under this Contract.

b. The Employer shall transport the remains and personal effects of the Overseas Fisher to the Philippines at Employer's expense except if the death occurred in a port where local government laws or regulations do not permit the transport of such remains. In case death occurs at sea, the remains shall be cared for in accordance with the Master/Skipper's best judgment and in coordination with the LMA

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

Section 19. Full and Complete Settlement of All Claims in Relation to Work-Related Injury, Illness or Death.

Iaws of the Philippines or any other country. The Overseas Fisher and the Employer or their respective successors-in-interest acknowledge that payment for injury, illness, incapacity, disability or death of the Fisher under this Contract shall cover all claims arising from, or in relation with, or in the course of the Fisher's employment. including but not limited to damages arising from the Contract, tort, fault or negligence under the

Section 20. Concealment or Non-disclosure of Prior Medical Condition.

A Fisher who knowingly conceals and does not disclose past medical condition, disability, and history in the PEME shall be liable for fraudulent misrepresentation and shall be disqualified from any compensation and benefits. This may also be a valid ground for termination of employment and imposition of the appropriate administrative and legal sanctions.

Section 21. Effect of Criminal Act or Intentional Breach of Duties on Compensation.

compensation as provided for under this Contract. However, the Employer must prove that any such illness, injury, incapacity, disability, or death is directly attributable to such willful or criminal Any illness, injury, incapacity, disability, or death of the Overseas Fisher resulting from their willful act or breach of duties. br criminal act or intentional breach of duties shall disqualify him/her from availing of any

Section 22. Fishing at War Zones, Warlike or High-Risk Fishing Grounds/Areas/Zones.

1 If the fishing vessel will traverse or operate in a war zone, warlike or high-risk zone during the

term of this Contract, the following shall be observed:

a. The Employer/Master/Skipper/fishing vessel owner/operator shall fully inform and properly advise the Department and the Overseas Fishers, in writing, that they are bound for that area and the details of the risks involved.

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b. The Overseas Fisher shall have the right to refuse sailing. If the Overseas Fisher exercises the right to refuse sailing, he/she shall be immediately disembarked at a

repatriated. the Employer's cost with benefits accrued to the Overseas Fisher until he/she is fully safe and convenient port and returned to the point of hire. The repatriation shall be at

C. In the event the Overseas Fisher does not exercise the right to refuse to sail, he/she

shall be entitled to premium pay as the Department may prescribe through appropriate issuances.

2. If at the time of the signing of the contract, the Overseas Fisher has prior knowledge that the vessel will be fishing in an area that is declared a war zone, warlike or high-risk operations area, the Overseas Fisher shall have the right to proceed with or decline the contract

If the Overseas Fisher chooses to proceed with the Contract, he/she shall bind himself/herself in writing to fish in the area.

If the Overseas Fisher chooses to decline the Contract, the Employer may provide alternate vessel deployment.

Contract. Such agreement shall be verified and approved by the Department and appended to this

3. In the event that the vessel arrives at the designated fishing area without any declaration that the area is a war zone, warlike or high-risk fishing ground/area and an event suddenly occurs which made the area a war zone, warlike or high-risk area without the knowledge of the Employer/Master/Skipper/fishing vessel ownerloperator, the emergency protocols shall be

executed.

4. In order to protect the Overseas Fisher from the hazards of war or deteriorating political and security situations, the Department shall, pursuant to prior declaration by the Department of Foreign Affairs (DFA) or other internationally recognized bodies, such as, but not limited to the International Transport Workers' Federation (ITF) and the International Bargaining Forum (IBF), or in line with relevant Travel Advisories, declare specific areas as war zones, warlike and/or high-risk areas

5. Overseas Fishers sailing through or operating in areas declared by the Department as war risk insurance coverage to be paid by the employer, the form of which shall be determined by the Department. zone, warlike and high-risk zones shall be entitled to premium pay or its equivalent and war

Section 23. Transfer of Overseas Fisher to Other Vessels.

The transfer of the Overseas Fisher to any vessel owned or operated, manned or managed by the same Employer, shall only be allowed if the following conditions are present:

a)the Overseas Fisher is informed and has agreed to the transfer; b C a e the vessel is accredited to the same LMA; the position is equal or higher than in the original vessel; the compensation package and the conditions are equal or higher than stipulated in this Contract; the terms of service are in no way inferior; and the total period of employment shall not exceed the duration agreed upon as contained in the original contract.

the Department. Any transfer of an Overseas Fisher to another vessel shall be reported to and duly-approved by

Article III -- Onboard and Onshore Grievance and Dispute Settlement Mechanisms

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Section 24. Onboard Grievance Machinery and Procedure.

In the absence of a grievance machinery or procedure on board the fishing vessel, the following shall be observed:

A. Work-Related Grievances

. The Overseas Fishers shall, as far as practicable during breaks, first approach and explain grievance/s onboard the fishing vessel. their grievance/s to the bosun/master/skipper for immediate redress or resolution of

The Fisher may be assisted by another crew member/Fisher of their choice on board the vessel.

2. If the grievance remains unresolved or not acted upon, or if the Fisher is unsatisfied with the outcome of the proceedings, or if the grievance is against the bosun/master/skipper in any convenient way to the LMA, the Department, or the OWWA of their grievance for appropriate filing/action. the Fisher shall accomplish the grievance form attached to this Contract or communicate

B. Grievances related to non-payment/remittance of wages or allotments

directly communicate with the LMA to seek clarification on the issue. If the Fisher has difficulty communicating with the LMA, he/she may seek assistance from the bosun/master/skipper who shall facilitate direct communication with the LMA or Employer to seek immediate If the issue involves non-payment or non-remittance of wages or allotments, the Fisher shall clarification and resolution.

D. The grievance procedure and all actions or decisions shall be documented for the protection C. Should the grievance under Items A or B of this Section remain unresolved, the matter shall be transmitted to the Onshore Grievance Machinery of the LMA, which shall endeavor to resolve the complaint. and interest of both parties. It shall be without prejudice to other modes of voluntary settlement

of disputes and to the respective jurisdiction of the Department, the National L.abor Relations

it by the Overseas Fisher. CBA, over any unresolved complaints arising out of employment that shall be brought before Commission (NLRC), or the National Conciliation and Mediation Board (NCMB) if there is a

Section 25. Disciplinary Procedures.

In the absence of an onboard disciplinary procedure, the Master/Skipper shall comply with the following disciplinary procedures against an erring Fisher:

The Master/Skipper shall issue a written notice to the Overseas Fisher containing the following:

a. Grounds for the charges as listed in Section 36 of this Contract or analogous acts constituting the same; and

b. Date, time, and place for a formal investigation of the charges against the Fisher concerned.

2. The Master/Skipper or the authorized representative shall conduct the investigation or hearing, giving the Fisher the opportunity to explain or defend himself/herself against the vessel's logbook. charges. These procedures must be duly and officially documented and entered into the

3. If after the investigation or hearing, the Master/Skipper is convinced that imposition of a penalty is justified, the Master/Skipper shall issue a written notice of penalty and the reasons for it to the Overseas Fisher, with copies furnished to the LMA.

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4. If there is a clear and existing danger to the safety of the crew or the vessel, dismissal for just cause may be effected by the Master/Skipper. The Master/Skipper shall send a complete report to the LMA substantiated by witnesses, testimonies, and any other documents in support thereof.

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

Section 26. Dispute Settlement Procedures.

1. In cases of claims and disputes arising from this Contract, the parties covered by a CBA shall submit the claim or dispute to the original and exclusive jurisdiction of the voluntary arbitrator or panel of voluntary arbitrators.

2. Absent a CBA, the parties may, at their option, submit the claim or dispute to either the original and exclusive jurisdiction of the NLRC, pursuant to Republic Act No. 8042, as amended, or to the original and exclusive jurisdiction of the voluntary arbitrator or panel of arbitrators. if there is no provision as to the voluntary arbitrators to be appointed by the parties, the appointment shall be made pursuant to the procedure of the NCMB of the Department of Labor and Employment (DOLE).

3. The Department shall exercise original and exclusive jurisdiction to hear and decide cases, which are administrative in character, involving or arising out of violations of recruitment laws, Fishers. rules and regulations involving employers, principals, contracting partners and Overseas

Article IV -- Termination of Employment and Repatriation

Section 27. Termination of Employment; Grounds.

The following shall be grounds for termination of employment of Overseas Fishers:

1. The employment of the Fisher shall cease when the Fisher completes his/her period of contractual service aboard the fishing vessel, signs-off from the vessel and arrives at the point Of hire.

2. Pre-Termination of this Contract by mutual agreement of the parties.

3 Termination by the Employer for just and valid cause in accordance with Section 36 or the Table of Offenses and Corresponding Administrative Penalties, with observance of procedurat providing him/her the opportunity to be heard. due process particularly by serving the appropriate notices to the concerned Fisher and

4 Termination by the Overseas Fisher for just and valid cause and with notice to the Employer.

designated representative; non-payment of wages and non-remittance of allotment for a long provisions; unaddressed threats to his/her life and safety; and other causes analogous to the Employer; commission of a crime against his/her person by the Employer or his/her period; unseaworthiness of the vessel; unsafe fishing practices; insufficient or lack of foregoing. Just and valid cause as provided in Article 300 [285] of the Philippine Labor Code, as amended and renumbered, may include inhumane or unbearable treatment on board by the

5. When the Overseas Fisher signs-off for cause/s specified in Section 28 of this Contract.

6. When the Fisher signs-off and is disembarked for medical reasons pursuant to Section 17 of this Contract.

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7. When the Fisher, in writing, voluntarily resigns and signs off prior to expiration of contract pursuant to Section 29, par. 7 of this Contract.

8. If the transfer of vessel is not in accordance with the requirements of Section 23 of this Contract.

Section 28. Other Cause/s of Employment Termination.

1. Shipwreck. Where the vessel is wrecked necessitating the termination of employment before the expiration of this Contract, the Overseas Fisher shall be entitled to earned wages determine his/her fitness to work, repatriation at employer's cost and one (1)-month basic computed until arrival at the point of hire, medical examination at Employer's expense to wage as termination pay.

2. Vessel Sale, Lay-Up or Discontinuance of Voyage.Where the vessel is sold, laid up, or the voyage is discontinued due to an emergency or force majeure necessitating the termination of employment before the expiration of the Contract, the Overseas Fisher shall be cost and one (1) month basic wage as termination pay entitled to earned wages computed until arrival at the point of hire, repatriation at Employer's

the same employer/principal/LMA to complete the Contract, the Overseas Fisher shall be If arrangements have been made for the Overseas Fisher to join another vessel belonging to entitled to basic wages until the date of joining the other vessel.

3. Unseaworthiness. If the vessel is declared unseaworthy by a classification society, port state or flag state, the Overseas Fisher shall have the right to refuse to board the fishing vessel.

If the vessel's unseaworthiness necessitates the termination of employment before the expiration date of this Contract, the Overseas Fisher shall be entitled to earned wages computed until arrival at the point of hire, repatriation at Employer's cost and termination pay equivalent to one (1)-month basic wage.

4. Change of Principal. In case of change of principal of the vessel, the following shall be

observed:

a. If the change results in the termination of employment before the date indicated for the expiration of this Contract, the Overseas Fisher shall be entitled to earned wages computed until arrival at the point of hire, repatriation at Employer's cost and one (1)- month basic pay as termination pay.

b. If by mutual agreement the Overseas Fisher continues to work on board the same fishing

shall be entitled to earned wages computed until arrival at the point of hire only. vessel, such service or work shall be treated as a new Contract. The Overseas Fishe

C. In case arrangements have been made to join another vessel to complete this Contract. the Overseas Fisher shall be entitled to basic wage until the date of joining the other vessel.

Section 29. Repatriation

1. Upon the expiration of this Contract, the Overseas Fisher shall continue his/her service on whichever occurs earlier, provided that, in any case, the continuance of such service shall not the approval of the Department. The Fisher shall be entitled to earned wages and benefits as board until the vessel's arrival at a convenient port or after arrival of the replacement crew. exceed three (3) months, subject to the consent of the Overseas Fisher and the Employer and provided in this Contract.

2. If the vessel arrives at a convenient port before the expiration of this Contract, the Master/Skipper/Employer may, for operational convenience, repatriate the Overseas Fisher with his/her consent from such port. The Overseas Fisher shall be entitled to his/her earned

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wages and earned leave pay and to his/her basic wages corresponding to the unserved portion of the contract.

3. The Overseas Fisher, if discharged at a port abroad for any reason other than for discipline as may otherwise be directed by the Master/Skipper/Employer. The Fisher shall be provided with accommodation, food, allowances, and medical treatment, if necessary, until he/she and is not intended to rejoin a vessel, shall be repatriated to the Philippines via sea or air or arrives at the point of hire.

4. When the Overseas Fisher is discharged for any just cause or for disciplinary reasons, the Master/Skipper/Employer shall have the right to recover the costs of his/her replacement and repatriation. Provided that, the Overseas Fisher shall still be entitled to his/her earned wages and benefits. Provided further, that the Overseas Fisher shall not be entitled to basic wage from the date of signing off until arrival at the point of hire.

5. The Overseas Fisher, when discharged and repatriated as directed by the Master/Skipper/Employer shall be entitled to basic wages from date of signing off until arrival at the point of hire. The Fisher's basic wage shall be calculated based on the date of arrival by the most direct route.

6. If the Overseas Fisher delays or desires a detour and/or another destination other than the the delay or the detour to another destination. most direct route to the point of hire, all additional expenses shall be for his/her account. The Fisher's basic wage for the most direct route shall not include the additional days spent for

7 An Overseas Fisher who requests for early termination of this Contract shall be liable for his/her repatriation cost as well as the transportation cost of his/her replacement. The and the transportation cost of the Fisher's replacement. Employer may, in case of compassionate grounds, assume the repatriation cost of the Fisher

Article V -- Forced or Compulsory Labor and Other Mistreatment

Section 30. Forced or Compulsory Labor and Other Mistreatment.

The following may be considered as acts of forced labor, compulsory labor, or other forms of mistreatment:

1. Abuse of Vulnerability - means exploiting a Fisher by taking advantage of the perceived subservient or subordinate status or position of such Fisher, which includes, but is not limited to, his/her race, gender, age, or legal/socioeconomic status;

2. Misrepresentation or Deception -- means making misleading or false promises to a Fisher regarding wages, working conditions, job roles/positions, legal status, or other conditions of work

3. Restriction of Movement -- means unreasonably or unlawfully controlling a Fisher's movement intimidation, or denial of transportation; on, or access to, the fishing vessel, the port and onshore facilities, or other ships/vessels. This includes subtle forms of restrictions including, but not limited to, surveillance, threats

4. Isolation -- means unreasonably or unlawfully cutting off a Fisher's communication with or disallowing a Fisher from contacting his/her family, the authorities, or support services/networks;

5. Physical and Sexual Violence -- means using force, coercion, threats, or intimidation to control or punish a Fisher;

6. Intimidation and Threats -- means instilling fear in a Fisher or preventing him/her from asserting any of his/her rights or from lawfully requesting the termination of his/her employment;

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I Retention of Identity Documents -- means unreasonably or unlawfully withholding a Fisher's

personal identification documents, such as, but not limited to, passport or identification cards;

8.Withholding of Wages -- means deliberately delaying or denying the full payment of a Fisher's wages, including, but not limited to, unlawfully deducting wages or the manipulation of a Fisher's payslip, payroll slip, or related accounting documents;

9. Debt bondage -- means exacting personal services or labor from a Fisher as security or payment for a debt, when the length and nature of services or labor is not clearly defined or when the value of the services or labor, as reasonably assessed by the Department, is not applied toward the liquidation of the debt;

10. Abusive working and living conditions -- means forcing a Fisher to live and/or work in substandard, unsafe, or unsanitary environments or facilities. working under conditions that violate or degrade basic human dignity; or . This includes living and/ol

11. Excessive overtime -- means imposing long hours of work without rest/compensatory hours of rest and/or compensation.

Section 31. Reporting Forced or Compulsory Labor and Other Mistreatment.

directly report to the Employer, the LMA, union, civil societies, non-governmental organizations If an Overseas Fisher has reasonable grounds to believe that he/she or a co-worker is an affected while on board a fishing vessel or after disembarkation. person subjected to forced or compulsory labor, or other forms of mistreatment, he/she may (NGOs), the Department, the nearest Philippine consular office, the port state or the flag state.

Section 32. Obligation of the Employer.

shall immediately: The Employer, upon receipt of the report on forced or compulsory labor and other mistreatment

1. Take action to ensure the safety of the fishing crew and resolve the situation on board;

2. Submit a report to the flag state, port state, Philippine consular office, or the Department whichever is more convenient, detailing the situation, remedies provided, and the status and location of the fishing crew as soon as possible;

3. Facilitate the safe disembarkation and repatriation of the affected fishing crew in a manner and place, as agreed upon by the fishing crew, including access to any needed medical treatment or psychosocial intervention at the expense of the owner or employer; and

4. Cooperate fully in all official investigations into the incident, including, but not limited to.

providing independent and individual access to all fishing crew remaining on the fishing vessel.

Article VI -- Miscellaneous Provisions

Section 33. Account of Wages and Certificate of Employment.

employment or service record without any charge. Upon discharge or termination of the employment, the Overseas Fisher shall be given a written account of his/her wages reflecting all deductions therefrom. Where the Overseas Fisher is medically repatriated, the written account of his/her wages shall be given as soon as practicable Upon request by the Overseas Fisher, the Employer/LMA shall promptly issue a certificate of

Section 34. Victualling, Vessel Stores, and Provisions

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good maritime standards and practices while on board the vessel. The Overseas Fisher shall be provided, by the Master/Employer, with subsistence consistent with

All stores and provisions issued to the Fisher are only for use and consumption on board the vessel and any unused or unconsumed stores or provisions shall remain the property of the Employer. The Overseas Fisher shall not take ashore, sell, destroy, or give away such stores and provisions.

Section 35. Loss or Damage due to the Effects caused by Marine Peril.

1. The Overseas Fisher shall be reimbursed by the employer the full amount of the actual loss or damage to his/her personal effects but in no case shall the amount exceed the Philippine currency equivalent of Two Thousand US dollars (US$2,000), if his/her personal effects are lost or damaged as a result of the wreck, loss, stranding, abandonment of the vessel, or as a result of fire, flooding, collision, piracy, or vessel attacks.

2. Reimbursement for loss or damage to the Fisher's personal effects shall not apply if such loss or damage is due to: (a) the Fisher's own fault; (b) larceny or theft; or (c) robbery

3. Payment of any reimbursement shall be computed at the rate of exchange prevailing at the time of payment.

Article VIl -- Tables of Offenses and Disability

Section 36. Table of Offenses and Corresponding Administrative Penalties.

Pursuant to Section 25 and Section 27, par. 3 of this Contract, the disciplinary grounds listed in the Table of Offenses and Administrative Penalties hereunder or analogous acts thereto shall be penalized according to its gravity and frequency of commission. The Master/Skipper shall commence an investigation and such offense shall be penalized with the corresponding Fisher from availing of the proper remedies before the Department or the appropriate penalty as provided in the Table of Offenses. However, this does not preclude the Overseas government agency.

2. Commission by the Overseas Fisher of any of the offenses enumerated in the Table of disciplinary administrative action by the Department. Offenses and Administrative Penalties hereunder or of similar offenses, upon receipt by the Department of the complete report by the LMA, shall be a ground for the institution of

3. The penalties for administrative actions by the Master/Skipper and/or the Department provided herein shall be separate and distinct from whatever appropriate legal action that may be filed against the Overseas Fisher.

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

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

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

3 Gross violation of LMA policies and regulations Dismissal and to pay cost of his/her repatriation One (1) Year and One (1) Day to Two 2 Years suspension from

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participation employment program in the overseas

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

5 Commission of acts amounting to a felony or crime involving moral turpitude punishable by the laws of the Philippines, the flag state, or the port state committed during employment, including but not limited to:

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

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

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

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

6 Smuggling or violation of any customs rules and regulations of the Philippines or of foreign ports, such as:

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

Misdeclaration of or failing to Dismissal and to pay cost Of his/her Six (6) Months to One (1) Year C

their seizure and fine to the declare articles leading to ship repatriation replacement and cos of his/her overseas employment program suspension from participation in the

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

1 reprimand or warning; or

2 dismissal and cost of repatriation and cost of replacement

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

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

7. Desertion

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

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

8 Absence without leave

a without Abandoning relieved post or being properly duty Dismissal and to repatriation replacement and pay cost cost of of his/her hisher Six (6) Months to One (1) Year suspension from participation in the overseas employment program

b. permission from responsible Leaving officers working hours the ship during or outside without Dismissal and to pay repatriation replacement and cost cost of of his/her his/her Six (6) Months to One (1) Year suspension from participation in the overseas employment program

C Entrusting to others assigned duties without superior officer authority of Master's reasonable and sound discretion (depending on circumstances) Penalties ranging from: Six (6) Months to One (1) Year suspension from participation in the overseas employment program

1 reprimand or warning; or

9. Sleeping on post while on duty Warning 2 dismissal and cost of repatriation and cost of replacement suspension from participation in the overseas employment program Six 6 Months to One 1 Year

10. Insubordination

a Physically with business onboard the ship superior passenger or other persons officer, assaulting crew a Dismissal replacement repatriation and to and cost pay cost of of his/her his/her One (1) Year and One (1) Day to Two (2 employment program participation Years in suspension the overseas from

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

0 Attempting other persons with business at the ship superior officer, to assault crew, o O Master's reasonable and sound discretion (depending on circumstances) Penalties ranging from: overseas employment program suspension from participation in the Six 6 Months to One 1 Year

1) reprimand or warning; or

2 dismissal and cost of repatriation and cost of replacement

0 Behaving towards a superior officer with disrespect Warning suspension from participation in the overseas employment program Six (6) Months to One (1) Year

e Insulting a superior officer by words or deeds Warning Six (6 Months to One 1 Year overseas employment program suspension from participation in the

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

1 reprimand or warning; or

2 dismissal and cost of repatriation and cost of replacement

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11.Drunkenness

0 duty based on an agreed Drunk or intoxicated while on Dismissal and to pay repatriation and cost cost of of his/her his/her One (1 Year and One 1 Day to Two 2 Years suspension from

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

1 reprimand or warning; or

2) dismissal and cost of repatriation and cost of replacement

C. Failure to perform assigned jobs intoxication due to alcohol Master's reasonable and sound discretion (depending on circumstances) Penalties ranging from: One (1) Year and One (1) Day to Two participation employment program (2) Years S suspension the overseas from

1 reprimand or warning; or

2) dismissal and cost of repatriation and cost of replacement

12. Creating trouble ship'spremises implicates the ship that outside the unjustly Master's reasonable and sound discretion (depending on circumstances) Penalties ranging from: overseas employment program suspension from participation in the Six (6) Months to One (1) Year

1 reprimand or warning; or

2 dismissal and cost of repatriation and cost of replacement 13. Gambling

a Any including form online of gambling. gambling, Dismissal and to repatriation and pay cost cost of his/her his/her Six (6 Months to One (1) Year suspension from participation in the

OX which results in fighting or any incident as to upset the harmonious relationship on board the ship replacement overseas employment program

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

1 reprimand or warning; or

2) dismissal and cost of repatriation and cost of replacement

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

15. Violation of company policies and regulations for:

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

b Pilferage or theft of ship's Dismissal and to pay cost of his/her Six (6 Months to One (1 Year

property,of crew or other persons with business at the hip repatriation replacement and cost of his/her suspension from participation in the overseas employment program

C Embezzlement O0 ship's Dismissal and to pay cost of his/her Six (6) Months to One 1 Year

funds replacement repatriation and cot of his/her suspension from participation in the overseas employment program

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

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

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

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

1) reprimand or warning; or

2 and cost of replacement dismissal and cost of repatriation

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

1 reprimand or warning; or

2 dismissal and cost of repatriation and cost of replacement

Being left behind by ship in any port without justifiable Dismissal and to pay repatriation and cost cost of his/her hisher suspension from participation in the Six (6) Months to One (1) Year

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

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

1) reprimand or warning; or

2 dismissal and cost of repatriation and cost of replacement

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

1 reprimand or warning; or

17. Concerted approved contracts action to breach Dismissal and to pay repatriation replacement 2 dismissal and cost of repatriation and cost of replacement and cost cost of of his/her his/her overseas employment program] Six (6) Months to One (1) Year suspension from participation in the

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

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

19. Other forms of misrepresentation relative employment of the Fisher to the overseas Master's reasonable and sound discretion (depending on circumstances) Penalties ranging from: Six (6) Months to One (1) Year suspension from participation in the overseas employment program

1reprimand or warning; or

2 dismissal and cost of repatriation and cost of replacement

20. Violation of the Code of Discipline for applicable Seafarers, as may be Master's reasonable and sound discretion (depending on circumstances) Penalties ranging from: Six (6) Months to One (1 Year suspension from participation in the overseas employment program

1 reprimand or warning; or

2 dismissal and cost of repatriation and cost of replacement

21.Grave abuse of authority

a. Grave abuse iliness, or death to any Causing serious harm, injury. person on board the vessel ofauthority Dismissal repatriation repiacement and and to pay cost cost of of his/her his/her One (1) Year and One (1) Day to Two participation (2) employment program Years in suspension the overseas from

c. Any other case of abuse of b Grave which harmonious relationship of authority ship's crew abuse of authority disturbs the replacement Dismissal repatriation Master's reasonable and sound discretion (depending on circumstances) Penalties ranging from: and to pay and cost cost of his/her of his/her Six (6 Months to One (1) Year Six (6 Months to One 1 Year suspension from participation in the overseas employment program suspension from participation in the overseas empioyment program

1 reprimand or warning; or

2 dismissal and cost of repatriation and cost of replacement 22. For gross misbehavior prejudicial to good order and discipline Master's reasonable and sound discretion (depending on circumstances) Penalties ranging from: Six (6) Months to One 1) Year suspension from participation in the overseas employment program

1 reprimand or warning; or

2) dismissal and cost of repatriation and cost of replacement

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

1 reprimand or warning; or

2 dismissal and cost of repatriation and cost of replacement 24. Connivance with or coddling of stowaway Dismissal and to pay replacement repatriation and cost cost of his/her of his/her One (1) Year and One (1) Day to Two () Years suspension from

Page 24 of 50

25. Willfully making false statement. for personal gain or with intent to mislead or defraud the company reports, certification or document or authorities Dismissal and to pay cost of his/her repatriation replacement and cost of his/her employment program One (1) Year and One (1) Day to Two employment program participation participation 2 Years in in suspension the the overseas overseas from

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

} reprimand or warning; or

2) dismissal and cost of repatriation and cost of replacement

27. Failure to observe safety and environmental rules/regulations Master's reasonable and sound discretion (depending on circumstances) Penalties ranging from: suspension from participation in the Six (6) Months to One overseas employment program (1) Year

P} reprimand or warning: or

2} dismissal and cost of repatriation and cost of replacement

28. Failure to company's policy comply with the drug and alcohol Dismissal and to pay "cost of his/her repatriation replacement and cost g his/her Six (6) Months to One (1) Year overseas employment program suspension from participation in the

Section 37. 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 Fisher is under treatment or the number of days in which sickness allowance is paid.

Section 37-A. Occupational Injuries

HEAD Traumatic head injuries that result to:

1. Severe paralysis of both upper or lower extremities or one upper and one lower extremity Gr. 1 2. Severe mental disorder or Severe Complex Cerebral function disturbance or post-traumatic psychoneurosis which require regular aid and attendance as to render the Fisher permanently unable to perform any work Gr. 1

3. Incurable imbecility Gr. 1 4 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 Fisher 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 7 Aperture unfilled with bone not over three (3) inches without brain injury Gr. 9 8. "Slight paralysis affecting one extremity producing stight 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 Fisher Gr. 10

Page 25 of 50

FACE ..- Complete loss of the power of mastication and speech function Gr. 1

I Severe disfigurerment of the face or head as to make the Fisher so repulsive as to greatly handicap him/her in Gr. 2

securing or retaining employment, there being no permanent functional disorder

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

power or the expression of speech Moderate facial disfigurement involving partial ablation of the nose with conspicuous scars on face or head Gr. 5

5 "Partial ablation of the nose or partial avuision of the scalp Gr. 9 6. Slight disorder of mastication and speech function due to traumatic injuries to jaw or cheek bone Gr. 12

EYES

1 Blindness or total and permanent loss of vision of both eyes Gs. 1

2 Total blindness of one (1) eye and fifty percent (50%) loss of vision of the other eye Gr. 5

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

A Fifty percent (50%) loss of visual field cut of one eye Gr. 10 "5. Lagopthalmos, one eye Gr. 12 .Ectropion, one eye Gf. 12 7. Ephiphora, one eye Gr. 12 8.Ptosis, one eye Gr. 12

NOSE AND MOUtH 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 (/) of one externat ear Gr. 14

NECK

A Throat injury which necessitates the wearing of a tracheai tube Gr. 6

2. Total stiffness of neck due to fracture or disiocation of the cervical spine Gr. 8

5. Loss of speech due to injury to the vocal cord Gr. 9

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

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

CHEST-TRUNK-SPINE

L Injury to the spinat cord as to make walking impossible even with the aid of a pair of crutches Gr. 1 2. Injury to the spinal cord resulting to incontinence of urine and feces G. 1 3 Injury to the spinal cord as to make walking impossible without the aid of a pair of crutches G. 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 fumbar spines resulting in severe or totaf rigidity of the trunk or total Toss of ifting power of heavy objects Gr. 6

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

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

8 Slight rigidity or one third (1/3) toss of motion or lifting power of the trunk Gr. 11

Slight limitation of chest expansion due to simple rib functional without myositis or intercostal neuralgia Gr. 12

ABDOMEN

1. make the Fisher unabie to seek any gainful empioyment Severe residuals of impainment of intra-abdominal organs which requires regular aid and attendance that will Gr. 1

2. Loss of one kidney Gr.

3 Moderate residuals of disorder of the intra-abdominal organs secondary to trauma resuiting to impairment of nutrition, moderate tenderness, nausea, vomiting, constipation or diarrhea Gr. 7

b 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

1 Fracture of the pelvic rings as to totally incapacitate the Fisher to work Gr. 1 2.Fracture of the peivic ring resuiting to defomity and lameness Gr. 6

URINARY AND GENERATIVE ORGANS

1 Total loss of penis Gr.

2 Total loss of both testicles Gr.

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

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

5. Totat loss of one testicle Gr. 11 6.Loss of one breast Gr. 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 or more fingers. Compensation for the loss of use of two (2) or more fingers or one (1) or more phalanges of two or more digits of a hand must be proportioned to the loss of the hand occasioned thereby but shall not exceed the compensation for the loss of a hand: Go. 6

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

b. "Loss of thumb, index fingers and any of 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. 7 d. Loss of thumb and index finger Gr. 8

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

f Loss of the index finger and any one of the other fingers of the same hand exciuding 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 thumb including metacarpal bone Gr.9

4 Totat loss of one thumb Gr. 10 5. Total Ioss of one index finger inciuding metacarpal bone Gr. 10

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6 Total loss of one index finger Gr. 11

Total foss of one middte finger including metacarpal bone Gr. 11 8.Total loss of one middte finger Gr. 12 9. Total loss of one ring finger including metacarpal bone Gr. 12 10.Total loss of one ring finger Gr. 13 11. " Total ioss of one small finger including metacarpal bone Gr. 13 12.Total toss of one small finger Gr. 14 The Disability Grading for the loss of a fraction of the phalanx shall be computed proportionately based on the corresponding disabilty 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 2. 3. 4 Amputation of one hand at carpo-metacarpal joints Amputation of one hand between wrist [joint] and elbow joint Loss of opposition between the thumb and tips of the fingers of one hand Gr. 4 G. 9 Gr. 4

"5.Loss of grasping power for small objects between the fold of the finger of one hand Gr. 10

6. Loss of grasping power for small obiects between fingers and paim of one hand Gr. 10 7. 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. 1

SHoulder and arm

1. Totai paratysis of both upper extremities Gr. 1 2. Total paralysis of one upper extrermity 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 fiexion or extension (one side) Gr. 7 6. "Stiff elbow at right angle flexion Gr. 8 7."Ankylosis of one shoulder, the shoulder blade remaining rigid Gr. 8 8.Unreduced dislocation of one (1) shoulder Gr. 8 9.Flail elbow joint of one 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 rreducible fracture or faulty union collar bone Gr. 10

13. Inability to turm forearm (forearm in nomal position-supination) Gr. 11 "14. Disturbance of the normal carrying angle or weakness of an arm or a forearm due to defomity of moderate atrophy of muscies Gr. 11

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

LOWER EXTREMITIES T.Loss of both feet at ankle joint or above Gr. 1 2. "Failure of fracture of both hips to unite Gr. 1 3.Paralysis of both lower extremities Gr. 1

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Total loss of a leg or amputation at or above the knee Gr. 3 Failure of fracture of a hip to unite Gr. 3

6. "Paralysis of one lower extremity Gr. 3

Loss of ten (10) digits of both feet Gr. 5

O. Complete immobility of a hip joint in flexion of the thigh Gr. 5 "9.""Loss of one 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 digits of a foot G. 8 13. Loss of one half (1/2) metatarsus of one (1) foot G. 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 foo) G. 9 16. Complete immobility of a hip joint in full extension of the thigh Gr. 9 17. Irregular union of fracture with joint stiffness and with shortening of 6 to 9 cm 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 tigaments of a knee resulting in instability of the join Gr. 10 23. "Ankylosis of a knee in genuvalgum of varurr G. 1 24.Pseudoarthrosis of a knee cap Gr. 1 25. Complete immobility of a knee joint in full extensior G. 10 26.Trregular union of fracture in a thigh or leg with shortening of 6 to 9 cms G. 10 27. Complete immobility of an ankle joint in nomal position Gr. 11 28. Shortening of 3 to 6 cm with either joint lesion or disturbance of weight- bearing joint G. 1 29.Loss of a big 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 foo 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 cm with slight atrophy of caif or thigh muscles G. 12 "34. "Slight atrophy of calf of ieg muscles without apparent shortening or joint lesion or disturbance of weight-bearing line Gr. 13

35.Shortening of lower extremity from one to three centimeters with either joint lesion or disturbance of weight. bearing joint Gr. 13

36. Loss of a toe other than the big toe Gr. 14 37.Scar the size of a palm or larger left on an extremity Gr. 14

a total and permanent disability. Any item in the schedule classified under Grade 1 shall be considered or shall be constituted as

In cases where the Fisher has been assessed with two or more disabilities, the total aggregate compensation for Grade 1 disability. disability benefits corresponding to the assessed disabilities shall in no case exceed the maximum

SCHEDULE OF DISABILITY ALLOWANCES

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Impediment Grade 122 10 11 3 4 5 1 16 9 R Base Amount US$55,000 US$55,000 US$55,000 US$55,000 US$ 55,000 US$ 55,000 US$ 55,000 US$ 55,000 US$ 55,000 US$ 55,000 US$ 55,000 US$ 55,000 US$ 55,000 US$ 55,000 Percentage 58.96% 50.00% 33.5% 68.66% 26.12% 88.81% 78.36% 41.80% 20.15% 14.93% 10.45% 6.72% 3.74% 120% Disability Allowance US$ 66,000.00 (base amount x US$ 48.845.50 US$ 43,098.00 US$ 37,763.00 US$ 32,428.00 US$ 27,500.00 US$ 22,990.00 US$ 14,366.00 US$ 18,474.50 US$ 11,082.50 US$ 3,696.00 US$ 2,057.00 US$ 5,747.50 US$ 8,211.50 percentage}

equivalent to the exchange rate prevailing at the time of payment, at the option of the Overseas The foregoing disability benefits are to be paid in US Dollars or in equivalent Philippine currency. Fisher.

The Schedule of Disability Allowances shall be without prejudice to periodic review by the Department.

Section 37-B. Occupational Diseases/llnesses

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 Overseas Fisher's work must involve the risks described herein;

2. The disease was contracted as a result of the Overseas Fisher'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 Overseas Fisher.

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 following list shall not preclude the determination the disability grading equivalent to that prescribed for occupational diseases. The following of the actual severity of the illness, which may warrant either an increase or a decrease in diseases are considered as occupational when contracted under working conditions involving the risks described herein:

OCCUPATIONAL DISEASE NATURE OF EMPLOYMENT DISABILITY GRADING

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

e b C d g. m. D h p. C S. U K S 2 Bis-chloromethyl ether (BCME) products Beryllium and its compounds Asbestos Benzidine and its salts Chromium VI compounds Coal tars, coal tar pitches or soots Beta-naphthylamine Vinyl chioride Benzene Toxic nitro- and amino-derivatives of tonizing radiations Coke oven emissions Nickel compounds Arsenic and its compounds Cadmium and its compounds Erionite Ethylene oxide Hepatitis B virus (HBV) and hepatitis C work not mentioned in the preceding methods appropriate to, national conditions and practice, between the work activities and" the " cancer(s) benzene or its homologues Tar, anthracene, or the substances Wood dust virus (HCV) Cancers caused by other agents at items where a direct link is established scientifically, exposure to these agents arising from contracted by the Fisher pitch, or bitumen, o residues of these determined minerat oil, compounds, by borderine'resectable) Significant limitation, Stage I (locally advanced, no distant spread) frequent hospitalizations, may be employable only in light work Stage tll (iocally advanced, muitiple nodes, treatment, but may return to work Reduced work tolerance during/after Gr. 10 Gr. 5

2. Occupational profound hearing ioss in an occupation Hearing Loss severe excessive noise particularly in the Any industrial operation having I Complete loss of the sense of hearing on both Gr. 3

significant noise and line of work where Fisher is exposed to prolonged, vibration in his/her higher frequencies ears -- no hearing with or without loss of bone conduction Gr. 10

Complete unilateral deafness (no usefu! 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 nomal or near-normal)

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

Gr. 14

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

3.Decompression sickness Gr. 1

a. Caissons disease Any process carried on in1 When it causes or results in severe paralysis of both upper or lower extremities or one

compressed or rarefied air. upper and one lower extremity

Gr. 6

When it causes or results in bone issues

Gr. 10

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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 iower extremities or one upper and one lower extremity

Gr. 6 When it causes or results in bone issues

Gr. 10

affecting one extremity, producingslight difficulty with self-care activities When it causes or results in slight paralysis

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

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

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

Gr. 14

Scar the size of the palm in one extremity

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

a. Pneumonia Lipoid Pneumonia causing putmonary fibrosis Gr. 1

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

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

Gr. 4

exacerbations despite medications Dyspnea at rest/minimal exertion; frequent

Gr. 6 Severe, pulmonary symptoms timitation of daily physical activities persistent exacerbations causingfrequent of

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

Gr. 8

dyspnea with moderate exertion (walking Moderate Impairment [Exertional dyspnea; 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 Of

Page 32 of 50

Gr. 12

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

Symptoms affecting activity and sleep at least Mild, persistent exacerbations of puimonary once a month

b. Bronchitis

Bronchiolitis Obliterans Gr. 1

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

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

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

Gr. 8

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

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

Gr. 12

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

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

Chronic Toxic Bronchilitis Gr. 1

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

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

Gt. 4 Dyspnea_at restminimal exertion; frequent exacerbations despite medications

Gr. 6

limitation of daily physical activities Severe, pulmonary persistent symptoms exacerbations causingfrequent of

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Moderate(moderately involving one lobe, one side: or tess than one (obe but both sides) advanced lesion

Gr. 8 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 Moderate. sleep at least once a week persistent exacerbations of

Gr. 12

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

Gr. 1 High hypercapnia, home O2 dependent): Respiratory severe Failure:Resting impaiment .hypoxemia, (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 Severe. pulmonary symptoms causing limitation of daily physical activities persistent exacerbations frequent of

c. Pulmonary TB (obe but both sides) Moderate involving one lobe, one side; or tess than one (moderately advanced lesion

Gr. 8 Moderate Impairment [Exertional dyspnea; 200~400 meters, climbing 12 flights of stairs)] dyspnea with moderate exertion (walking)

Gr. 9

sleep.at least once a week pulmonary symptoms affecting activity and Moderate, persistent Gr. 11 exacerbations of

Slight (minimal lesion involving a small portion of one lobe as found either by fiuoroscopy or -ray, one side only) Mild, persistent exacerbations of pulmonary symptoms affecting activity and sleep at feast once a month d. Anthrax Gr.1

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

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

Gr. 4

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Dyspnea at rest/minimal exertion; frequent exacerbations despite medications

Gr. 6

timitation of daily physical activities Severe, pulmonary symptoms persistent causingfrequent exacerbations of

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

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

Gr. 9

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

Gr. 12

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

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

e. Cellulitis Gr. ?

High invoivement with inability to work in exposed environment) severe impainment (Whote body

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

Gr. 11

lesions causing some timitation "of function Moderate Impaiment (Recurrent, persistent [need to avoid irritant exposure])

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

Norwalk Virus Hepatitis A*, Norwalk, Salmonella Gr.1

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

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

Gr.7 Moderate Impairment [Chronic abdominal pain, partial obstruction episodes, weight loss. malabsorption or recurrent ascites, post- surgical adhesions with intermittent disability]; Moderate residuals or impairment of intra- abdominal organs resulting in impairment of nutrition, vomiting, constipation or diarrhea moderatetendemess, nausea,

Gr. 12

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

g." Salmoneiia Gr. 1

Severe residuals or impaiment of intra- attendance that will make the fisher unabte to abdominal organs requiring regular aid and seek any gainful employment

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

Gr.7

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

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

Gr. 12

adhesions not limiting activity, mild nutritional Mild Impairment [Occasional abdominal pain, impairment]

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

Gr. 1

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

h. Leptospirosis Moderate impairment [Chronic kidney disease peripheral neuropathy)] persistent sequelae stage 2-3 after leptospiral nephritis with (mitd Jiver dysfunction, . cognitive neurological impairment,

fisher unable to seek any gainful employment regular aid and attendance that will make the Severe impairment of kidney function reguiring

Gr. 12 Mid dysfunction, transient proteinuria or subtle cognitive issues] Impairment {Fatigue, mild hepatic

Mild to moderate loss of kidney function

Malatia Gr. 1

cognitive decline, severe chronic anemia, splenic rupture/resection._with immunologic Severe: risk, renal impaiment (CKD stage 4-5) Hemiparesis, seizure disorder,

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Gr. 6 Moderate splenomegaly, fatigability, mild cognitive or motor impairment. hemiparesis, moderate anemia, easy persistent

Gr. 10

Otitis Media Otitis Media resulting to Meningitis Mild weakness, chronic fatigue, occasional seizures, minor cognitive issues, mild anemia.. Gr. 1

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

Gr. 6

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

Gr. 9

with speech impairment and/or moderate cognitive impaiment; ..controlledseizures: Moderate Impairment [Moderate hemiparesis Paralysis of one extremity = 25%}

Gr. 10

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

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

Gr. 10 Moderate impairment [Complete unilateral deafness (no useful hearing in in one ear, normal or near-normal hearing in the other ear]

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

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

Gr.14 Forty (40%) toss of the sense of hearing in one ear-- hearing of conversational voice at 10 feet Tetanus Tetanus complicated by Meningitis Gr.1

Severe Impairment [Paraplegiaorsevere uncontrolled seizures]: cog nitive and speech hemiplegia with impairment:

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

Gr. 9

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

Gr. 10

impainment] Mild occasional ImpairmentIMild seizures and minor weaknesswith cognitive

Gr. 13 Very mild impaiment [Persistent peripheral paresthesias/neuropathy, without any motor involvement] Virat Encephalitis GT. 1

Severe Impairment fParaplegia or severe impairment; uncontrolled seizures]; hemiplegia with "cognitiveandspeech

Gr. 6

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

Gr. 9

withspeech" impairment " and . moderate Moderate Impairment [Moderate hemiparesis cognitive impairment;..controlled Paralysis of one extremity= 25%] seizures:

Gr. 10

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

Gr. 13 Very mild impairment [Persistent peripheral involvement] paresthesias/neuropathy, without any motor

m. "Covid 19/ SARS / Influenza / Avian Influenza: Gr. 1

Respiratory " Failure;. Resting.hypoxemia, High hypercapnia, home 02 dependent: sevete 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 Severe, pulmonary.symptoms imitation of daily physical activities; or persistent exacerbations causing frequent of

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

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

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

Gr. 12

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

n. Cholera / Typhoid Gr. 1

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

Gr.'5

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

Gr. 7

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

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

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

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

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

Gr. 10 Mid occasionat seizures and/or minor cognitive impairment: Impairment [Mild weakness with

Page 39 of 50

Gr. 13 Very mild impairment (Persistent peripheral invoivement] paresthesias/neuropathy, without any motor

Zika with eye complications Gr. 1

Severe Impairment [Total Blindness of both eyes]:

Gr. 5

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

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

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

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

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

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

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

Gr. 12 Epiphora, one eye 7. Occupational diseases caused by chemical agents as listed in the Item 1.1 of the ILO List of Occupational Diseases (Revised 2010) The Disability Grading shall depend on the extent of the injury or resulting illness caused to the Fisher Section 37-B Occupational applicable. under Section 37-A and/or (Occupational Injuries and Diseases/llinesses). SS

s. Diseases caused by exposure to extreme temperatures and humidity ...b....Chilblain/frostbite/freezing a. Heat stroke/cramps/exhaustion Any occupation involving exposure Any occupation involving exposure to excessive heat Section 37-B (Occupational Injuriesand to the Fisher' under Section 37-A and/or The Disability Grading shall depend on the extent of the injury or resulting illness caused

Page 40 of 50

"9. "Vascular disturbance in the upper extremities tools or power drills, riveting machines or [ Any occupation causing repeated ] hammers C. due to continuous vibration from pneumatic immersion foot/general hypothermia to excessive cold Any occupation involving exposure to excessive cold motions, vibrations and pressure of upper extremities Occupational applicable. The Disability Grading shall depend on the extent of the injury or resutting iliness caused to the Fisher under Section 37-A and/or applicable. Section 37-B Occupational (Occupational Injuries and Diseases/tllinesses). Diseases/llinesses). as as

Ho." Vascular disturbance in the fower extremities -- varicocele causing pain, varicose veins resuiting in discoloration and ulceration Any work activities that entail heavy ioads or proionged standing straining upon the lifting of heavy (Ulceration; involves ulceration and non- healing wounds; varicocele or hydrocele and testicular torsion} Gr. 7

(Varicocele) Gr. 12

(Varicose veins) Gr. 13

11. 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: 2 If the heart disease was known to have been a if a person who was apparently physical activity increases discomfort. Patients with organic heart disease unable to carry on any physicat activity. Symptoms of heart failure are present even at rest, and any Gr.1

b. the strain of work that brings about an acute present during employment, there must be attack must be sufficient severity and must be followed within 24 hours by the clinical signs relationship proof that an acute exacerbation was clearly precipitated by an unusual strain by reasons of the nature of his/her work of a cardiac insuit to constitute causal asymptomaticbefore " working such hypertensive or diabetic, he should show compliance with recommended lifestyle changes. workplace conducive for such Master/Skipper). showed signs and symptoms of cardiac performance of his/her work and persisted, claim a causat retationship prescribed medications compliance in accordance with The employer shall provide a Section 5(1), paragraphs (f) and (g) (Duties of the Employer - Fishing Vessel Owner/Operator, Licensed Manning Agency, and a person is a known symptoms and signs iniury it is reasonable to and maintenance during doctor- the Patients with organic heart disease but able to Patients with organic heart disease whose ordinary physical activity is moderately limited. Comfortable at rest, but less than ordinary activities cause shortness of breath. Patients with organic heart disease whose breath. carry on ordinary physical activity. Ordinary ordinary physical activity is slightly Jimited. Comfortable at rest, but ordinary activities resuit in fatigue, palpitations, or shortness of palpitations, or shortness of breath. activities do not fatigue,paipitations,or Gr. 12 cause undue Gf. 6 Gr. 8 fatigue,

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

d. If a Fisher is a known hypertensive or with Section 5(1), paragraphs (f) and (g) diabetic, he shoutd show compliance with prescribed maintenance medications doctor-recommended lifestyle changes. The employer conducive for such compliance in accordance (Duties of the Employer - Fishing Vessel Ownier/Operator, Licensed Manning Agency. and Master/Skipper). shall provide 2 workplace and

2.Cerebrovascular Events - The following conditions must be met: Gr. 1

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

c. in any case, any of the following conditions b. If a history of substance use is present, it must be rufed-out as a cause of/or contributory to stroke. must be present: c.1. There must be proof that the acute stroke must have developed as a result of the Moderate Impairment [Moderate hemiparesis cognitive impairment; controlled seizures; with speech impairment and/or moderate Paralysis of 2 or more extremities= 50%]: GT. 6

Page 41 of 50

c.2. There is a strong evidence of significant exposure such as but not timited to the foliowing: extremes of temperature, iong making autonomy, excessive workload demands, high psychological demands, poor working conditions and heavy stressful nature of work and pressures inherent in an occupation; working hours, irregular work patterms, shift work, noise, reduced decision- with inadequate time to meet job physical work. Moderate Impairment [Moderate hemiparesis with "speech "impaiment " and/or moderate Paralysis of one extremity= 25%] cognitive impairment: controlled seizures; Mild Impairment occasional seizures "and/or minor cognitive impairment]: Gr. 10 Gr. 9 [MjId weakness 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 deficit to constitute causal relationship: involvement] Very mild impairment [Persistent periphera] paresthesias/neuropathy, without any motor Gr. 13

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

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

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

13. End Organ Damage Resulting from Uncontrolled Hypertension NEUROLOGIC

a. If a person is a known hypertensive or diabetic, Impairment of function of the organs such as kidneys, heart, eyes, and brain under any of the following conditions shall be considered compensable: he should show compiance with prescribed maintenance recommended lifestyle changes. The employer paragraphs (f) and (g) (Duties of the Employer shall provide a workpiace conducive for such compliance Fishing Manning Agency, and Master/Skipper). Vessel in accordance with Section 5(1), medications Owner/Operator, and Licensed doctor a. if a person who was apparently and such symptoms and signs asymptomatic before working of cardiac' injury during the persisted, it is reasonable to showed signs and symptoms perfomance of his/her work claim a causal relationship impairment; uncontrolled seizures] Severe Impairment [Paraplegia or severe hemiplegia Moderate Impaiment [Moderate hemiparesis with speech impairment and moderate cognitiveimpaiment:controlled Paratysis of 2 or more'extremities= 50%] withcognitiveand Gr. 6 Gr. 1 seizures: speech

b. If a patient not known to have hypertension has the following on normal CXR and ECG/treadmill his/her last PEME: normat BP, M should show compliance with recommended changes. The employer shall Section 5(1), paragraphs _(f) Owner/Operator, Manning Master/Skipper). hypertensive or diabetic, he prescribed medications provide conducive compliance in accordance with Employer Ifa and {g} person is a known - Fishing Vessel (Duties "Agency, and for maintenance workpiace Licensed Of lifestyle doctor- such the and withspeech impairment Paratysis of one extremity= 25%] Moderate Impairment [Moderate hemiparesis cognitive impairment: controlled seizures; Very mild impairment [Persistent peripheral Mild occasional seizures" and minor cognitive impaiment] paresthesias/neuropathy, without any motor involvement] Impairment[Mild Gr. 10 Gr. 13 Gr. 9 weakness with and moderate

RENAL

Gr. 2 High severe impairment [Chronic Kidney Disease, Stage 5]

Page 42 of 50

Gr. 5

Stage 4] Severe Impairment [Chronic Kidney Disease,

Gr. 10

Disease, Stage 3] Moderate Impairment (Chronic Kidney

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

CARDIO-VASCULAR

Gr. 1

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

Gr. 6

flight of stairs, or walking one block without Dyspnea sufficient to prevent climbing one ordinaryphysical ordinary activities cause fatigue, palpitations, stopping: Patients with organic heart disease whose or shortness of breath timited. Comfortable at rest, but less than activity is moderately

Gr. 8 Patients with organic heart disease whose result in fatigue, palpitations, or shortness of ordinary physical activity is slightly fimited. Comfortable at rest,.but ordinary activities breath

Gr. 9

ctimbing one flight of stairs or walking more than one block on a level surface] Moderate Impairment [Dyspnea only after Gr. 12 Patients with organic heart disease but able to carry on ordinary physical activity. Ordinary palpitations, or shortness of breath activities do not cause.. undue fatigue,

Gr. 14 Minimat Impairment [No recognized timitation of exertion tolerance] oPHTHALMOLOGIC

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

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

Gr.7

blindness of one eye]: Moderately severe Gr. 10 Impairment [Total of

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

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Gr. 12 Epiphora, one eye

14. Cataract excessive exposure to ultraviolet injury" to the eye causing "the development of traumatic cataract Caused light from the sun or trauma or by prolonged and Severe Impairment [Totat Blindness of both eyest: Gr. 1 Gr. 5

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

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

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

Gr. 12

Epiphora, one eye

15. Pterygium Caused excessive exposure to" ultraviolet light from the sun, hot and dry climates, wind, and sea breeze. by protonged and Severe Impaiment [Total Blindness of both eyes]: Gr. 1

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

Gr. 7 Moderatelysevere blindness of one eye]; Impairment [Total of

Gr. 10

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

Gr. 12 Epiphora, one eye 16. Vitreal hemorrhage and retinal detachment "Caused by trauma or strain upon lifting of heavy loads eyes]: Severe Impainment Total Blindness of both Gr. 1

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

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

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

Gr. 12 Epiphora, one eye

Page 44 of 50

h7.Hernia. All of the following conditions must be met: Gr. 12

b. C. Its appearance was accompanied by pain, discoloration and evidence of a tearing The hernia should be of recent origin; of the tissues: and in the course of employment; a protrusion of mass shouid appear in the area The disease was immediately preceded by undue or severe strain arising out of immediately following the alleged strain. 8." Bronchial Asthma -- all of the following conditions must be met: Gr. 1

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

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

Gr. 6

putmonary " symptoms limitation of daily physical activities; Severe. persistent exacerbations causingfrequent Of

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

Gr. 8 Moderate impairment [Exertionai dyspnea: dyspnea with moderate exertion (walking 200-400 meters, climbing 12 flights of stairs)]

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

Gr. 12

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

Mid, persistent exacerbations of pulmonary symptoms affecting activity and sieep at least once a month

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

Gr. 12

swelling or deformity, definite limitation of motion or strength, reduced capacity] Moderate impairment [Persistent pain.

Gr. 14 Mild impairment [Occasional pain and stiffness, no or slight limitation of motion, stitl able to perform normal work]

C Dorsopathies or disorder of the spine (invofving the cervical, thoracic, tumbosacral, pelvis, hip) acquired and secondary to injuries/accidents causing Spine Pain in Spondylitis; Spondylolisthesis; Muscle Strain and Sprain; Fracture/Disiocations [ and; Radiculopathy among but not limited to workers who are exposed to high crutches; Injury to the spinal cord resulting to conditions such as Herniated Nucleus Pulposus; Osteoarthritis; Spondylosis; injury to the spinal cord as to make walking impossible even with the aid of a pair of Gr. 1

Page 45 of 50

Ievels of whole body vibration, repetitive motions, ifting, performing work in flexed incontinence of urine and feces or hyperextended posture or performing other manual handling tasks (such as pushing, pulling). Gr. 4

impossible without the aid of crutches Injury to the spinai cord as to make walking

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

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

Gr. 10 Disc disease producing peripheral nerve compression; or Moderate stiffness or two-thirds (2/3) loss of motion of the neck

Gr. 11 Slight rigidity or one-third (1/3) loss of motion or lifting power of the trunk

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

D. Disorders of the shouider acquired or secondary to injuries/accidents causing Crushing, Avulsions: Amputations; Rotator Cuff Tendinitis: Rotator Cuff Tear: Dislocation among but not timited to workers who perfarm repeated above shoulder Strain and Sprain; Shoulder Impingerment Syndrome; Adhesive Capsulitis or Frozen Shoulder; Bicipital tendinitis; Ruptured Bicipital Tendon and Shoulder Joint activities, and or repeated shoulder flexion, external rotation and abduction. Fiail shoulder joint remaining rigid Ankylosis of one shoutder, the shoulder blade Gr. 7 Gr. 8

Gr. 9

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

Gr. 10

shoulder arm' to "be raised above' a level "with the Ankylosis of the shoulder joint not permitting

Gr. 11 Inability to raise arm more than halfway from horizontal to perpendicular

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

Stiff elbow at right angle ffexion

Gr. 9 Flail elbow joint; or

Ability to move elbow between 90" and 150o only

Gr. 10

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

Inability to turn forearm (forearm in normal

Page 46 of 50

position-supination)

Gr. 11

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

Loss of grasping power for large objects between fingers and palm of one hand; Severely limited motion of the wrist; or Ankylosed wrist in normal position

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

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

extension; Complete immobility of a knee joint in full

Pseudoarthrosis of a knee cap (patelia):

or Ankylosis of a knee in genu valgum or varum;

resulting in instability of the joint Stretching of the ligaments of the knee

Disorders of the ankle and foot acquired or secondary to injuries/accidents causing foot; Achilles tendon tear and tendinitis; Bursitis; Synovitis, and Dislocation, among foot. *lateral pinch between the thumb and index finger Crushing, Avulsions, Amputations, Strain and Sprain; Fracture of the ankle and but not limited to workers exposed to repetitive stress and trauma of the ankle and Complete immobility of an ankle joint in abnormal position Gr. 10 Gr. 14

normal position Complete immobility of an ankle joint in

Gr. 12 Tearing of the Achilles tendon resulting in the impairment of active flexion and extension of a foot; or

weak foot Depression of the arch of a foot resulting in

20. Peptic Ulcer Any occupation involving prolonged emotional or physical stress, as among professional people, transport workers and the like. Severe residuals or impairment of intra- abdominal organs requiring regular aid and attendance that will make the fisher unable to seek any gainful employment Gr. 1 Gr. 5

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

Gr. 7 Moderate Impairment [Chronic abdominal pain, partial obstruction episodes, weight Joss, malabsorption or recurrent ascites, post-

Page 47 of 50

disability]; surgical adhesions with intermittent

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

Gr. 12 Mild Impairment [Occasional abdominal pain, adhesions not limiting activity, mild nutritionai impairment]: Stight residuals or impairment of intra- and/or infrequent constipation or diarrhea; or abdominal organs impairment of nutrition, stight tendermess, resultingin slight

Hernia, either recurrent or causing discomfort after surgical repair

21. Viral hepatitis amended, any occupation involving exposure to a source of infection through ingestion should be abie to indicate whether the disease of the afficted worker manifested itself while he was so employed, knowing the incubation period thereof. In addition to working conditions already listed under Philippine Decree No. 626, as of water, milk or other foods contaminated with hepatitis virus: provided that the physician determining the causal relationship between the employment and the illness High severe impairment {Stage 4- Hepatic Encepha[opathy] Severe impairment (ultrasound and deranged liver function test). recurrent ascites with coagulopathy] Gr. 4 Gr. 1 {Advanced cirrhosis

Gr. 12 Moderate Impairment [Fatigue, mild cirrhosis (ultrasound and deranged liver function test). controlled ascites]

22. Asbestosis. Gr. 1

D. a. The chest X-ray report of the employee must show findings of asbestos or one side) certified to by the employer, or by a medical institution, or competent medical practitioner acceptable to or accredited by the System [SsS/GSIS]: The Fisher must have been exposed to Asbestos dust in the work place, as duly asbestos-related disease, e.g. pleural plagues, pleural thickening. effusion, neoplasm and interstitial fibrosis: and All of the following conditions must be met: less than one lobe, both sides, or entire lung. Respiratory hypercapnia, home 02 dependent]: High Severe (far-advanced tesion, involving not severe Failure: impairment Gr. 4 Resting hypoxemia, [End-Stage

In case of ailment is discovered after the Fisher's retirement/separation from the from discovery. company, the claim must be filed with the appropriate agency within three (3) years I Dyspnea at rest/minimal exertion; frequent exacerbations despite medications Gr. 6

Severe, pulmonarysymptomscausing limitation of daily physical activities: persistent exacerbations frequent of

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

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

Gr. 9

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

Gr. 12

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

symptoms affecting activity and sleep at least Mild, persistent exacerbations of puimonary

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once a month 23. Mental and Behavioural Disorders

Post-traumatic stress disorder (PTSD)

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

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

Such disturbance as to continually endanger seif or others;

Severe mental disorder or post-traumatic psychoneurosis which require regular aid and attendance to render the fisher permanently unable to perfom any work

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

Moderate mentai disorder or post-traumatic psychoneurosis which limit fisher to the activities of daily living with some directed care or attendance. 3. Slight mental disorder or post-traumatic psychoneurosis that requires litte attendance or aid and which interferes to a slight degree with the working capacity psychoneurosis that requires little attendance or aid and which interferes to a stight degree with the working capacity. Slight mental disorder or post-traumatic Gr. 10

4."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

Article VII -- Final Provisions

Section 38. Joint and Several Liability.

It is understood that the Principal/Employer and the LMA are jointly and severally liable for any employer-employee relationship as provided under Section 10 of Republic Act No. 8042 as claims arising out of the implementation of this Contract and for all claims arising from the amended.

Section 39. Applicable Law and Suppletory Application of the Department's Rules and Regulations Governing the Recruitment and Employment of Seafarers.

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

application is not contrary to law, morals, good customs, public order or public policy. In the absence of rules and regulations specifically governing the recruitment and employment of Recruitment and Employment of Seabased Overseas Filipino Workers shall be applied Overseas Fishers, the provisions of the Department's Rules and Regulations Governing the suppletorily in the interpretation and implementation of this Contract, provided that such

Section 40. Prescription of Action.

All claims arising from this Contract shall be made within three (3) years from the time the cause of action accrued, otherwise the same shall be forever barred

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Fisher Employer

Date: Department Approval:

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