Abstract:
The study aimed to provide a supplemental tool to Filipino seafarers in the understanding of Philippine maritime employment laws, particularly on the arbitration process relative to seafarers’ labor cases, as these relate to their welfare and security. The data were obtained through document review, observation of the PDOS, and conduct of interviews with representatives of government agencies and organizations which are directly involved in the maritime industry. There are five (5) identified Philippine employment laws related to the employment of Filipino seafarers, i.e., The Amended Migrant Workers Act of 2010, The Seafarers’ Protection Act of 2015, MARINA Memorandum Circular No. MD-2019- 01, the 2016 POEA Rules and Regulations Governing the Recruitment and Employment of Seafarers, and DOLE Department Order No. 130, s.2013. Further, two (2) methods of labor dispute settlement were identified, namely, voluntary arbitration with the NCMB, and compulsory arbitration with the NLRC. Research results reveal that a total of 622 cases (84%) in the NCMB Central Office from 2015 to 2017 involved the grant of monetary award amounting to more than P1,500,000.00. The grant of disability benefits depends on the degree of disability, and whether the same is total or partial. Also, 622 cases (62%) had judgment made in favor of labor. This reflects a consistent trend with the provisions of the Labor Code, which highlights resolution of cases decided in favor of labor. Ultimately, with the current issues in the maritime industry, such as ambulance chasing, among others, the findings of this study will provide a convenient guide for seafarers, giving them leverage as to the seafaring profession. In this respect, it is recommended for POEA and OWWA to regularly include in the PDOS the discussions of the salient features of the employment laws, and for MARINA to strengthen its process of verification and updating of the SRB.

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