Seafarer Employment Agreement for Philippines

Seafarer Employment Agreement Template for Philippines

A standardized employment agreement governed by Philippine law and international maritime conventions, specifically designed for Filipino seafarers working on international vessels. The agreement incorporates requirements from the POEA, Maritime Labour Convention 2006, and Philippine labor laws, establishing terms and conditions of maritime employment including wages, benefits, working hours, leave entitlements, and repatriation rights. It serves as a legally binding document that protects both the seafarer's rights and the employer's interests while ensuring compliance with national and international maritime standards.

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What is a Seafarer Employment Agreement?

The Seafarer Employment Agreement is a mandatory document required under Philippine law for all Filipino seafarers working on international vessels. It must comply with the Philippine Overseas Employment Administration (POEA) standards, the Maritime Labour Convention 2006, and other relevant international maritime conventions. The agreement covers essential aspects of maritime employment including rank, wages, working hours, benefits, and repatriation terms. This document is crucial for the Philippines' maritime sector, as the country is one of the world's largest suppliers of seafarers. The agreement must be verified and approved by the POEA before deployment, ensuring protection of seafarer rights while facilitating legitimate maritime employment opportunities.

What sections should be included in a Seafarer Employment Agreement?

1. Parties: Identification of the shipowner/employer and the seafarer, including full legal names and addresses

2. Background: Brief context about the employment relationship and the vessel

3. Definitions: Key terms used in the agreement, including specific maritime terminology

4. Duration of Employment: Contract period, including start date and duration or end date

5. Position and Duties: Seafarer's rank, role and main responsibilities

6. Place of Work: Vessel name, flag, and trading route information

7. Wages and Benefits: Basic wage, overtime rates, allowances, and payment methods

8. Hours of Work and Rest: Working hours, rest periods, and overtime arrangements

9. Leave Entitlement: Annual leave, shore leave, and other leave provisions

10. Repatriation: Circumstances and conditions for repatriation

11. Medical Care and Social Security: Healthcare coverage, disability benefits, and social security provisions

12. Accommodation and Catering: Living conditions and food provisions onboard

13. Health and Safety: Safety protocols, PPE requirements, and emergency procedures

14. Grievance Procedures: Process for handling complaints and disputes

15. Termination: Conditions for contract termination by either party

16. Governing Law: Application of Philippine law and relevant international conventions

17. Execution: Signature blocks and execution requirements

What sections are optional to include in a Seafarer Employment Agreement?

1. Training and Career Development: Include when the employment includes specific training programs or career advancement opportunities

2. Special Operations: Required for vessels operating in high-risk areas or special zones

3. Additional Insurance Coverage: Include when additional insurance beyond standard coverage is provided

4. Performance Bonus: Include when performance-based incentives are part of compensation

5. Union Agreements: Required when the seafarer is covered by collective bargaining agreements

6. Environmental Responsibilities: Include for roles with specific environmental compliance duties

7. Confidentiality: Include for senior positions or when handling sensitive information

What schedules should be included in a Seafarer Employment Agreement?

1. Schedule 1 - Wages and Benefits Breakdown: Detailed breakdown of all monetary compensations and benefits

2. Schedule 2 - Vessel Details: Complete technical specifications and details of the vessel

3. Schedule 3 - Medical Requirements: Specific medical examination requirements and health standards

4. Schedule 4 - Training Certificates: List of required STCW and other certificates for the position

5. Schedule 5 - Company Policies: Key company policies and procedures applicable to seafarers

6. Appendix A - Emergency Contact Information: Contact details for both parties' emergency contacts

7. Appendix B - Grievance Reporting Forms: Standard forms for filing complaints or grievances

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Genie AI

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Maritime Transport

Shipping

Offshore Oil and Gas

Cruise and Passenger Services

Commercial Fishing

Maritime Services

Port Operations

Marine Construction

Maritime Education and Training

Relevant Teams

Human Resources

Crewing

Legal

Compliance

Marine Operations

Training and Development

Payroll

Health and Safety

Quality Assurance

Insurance and Claims

Industrial Relations

Relevant Roles

Ship Captain

Chief Engineer

First Officer

Second Engineer

Deck Officer

Engineering Officer

Able Seaman

Ordinary Seaman

Chief Cook

Bosun

Electrician

Oiler

Deck Cadet

Engine Cadet

Radio Officer

Purser

Ship's Doctor

Maritime Security Officer

Industries
POEA Memorandum Circular No. 10, Series of 2010: Contains the Standard Terms and Conditions Governing the Overseas Employment of Filipino Seafarers, which provides the minimum requirements for seafarer employment contracts
Republic Act No. 8042 (Migrant Workers and Overseas Filipinos Act of 1995): Establishes policies for overseas employment and establishes higher standards of protection and promotion of the welfare of migrant workers including seafarers
Maritime Labour Convention (MLC) 2006: International convention ratified by Philippines that sets out seafarers' rights to decent conditions of work, including minimum requirements for seafarer employment agreements
STCW Convention (Standards of Training, Certification and Watchkeeping for Seafarers): International convention that sets qualification standards for masters, officers and watch personnel on seagoing merchant ships
Republic Act No. 10706 (Seafarers Protection Act): Protects Filipino seafarers against ambulance chasers and excessive legal fees in pursuing their claims and cases
Philippine Labor Code: Provides basic labor standards and workers' rights applicable to all employment relationships in the Philippines
DOLE Department Order No. 153-16: Implements the Maritime Labour Convention 2006 in Philippine jurisdiction, providing detailed guidelines for seafarer employment
Republic Act No. 9709 (Universal Health Care Act): Ensures that seafarers have access to comprehensive health care services and insurance coverage
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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