Section 34Sec./Art. 34

Standard Employment Contract. - An SEC between the shipowner and the seafarer shall be in writing and shall include, but not limited to, the following information and terms:

(a) Seafarer's full name, date of birth, age, birthplace, permanent or residential address;

(b) Seafarer's Record Book Number, Seafarer's Identity Document Number, Seafarer's Registration Number, and other necessary documentation as may be required by appropriate government agencies;

(c) Shipowner's name and address;

(d) Place and date of execution of the seafarer's employment contract;

(e) Duration of the contract;

(f) Point of hire;

(g) Capacity in which the seafarer is to be employed;

(h) Amount of the seafarer's salary, and the formula used for calculating the same;

(i) Maximum hours of work and minimum hours of rest;

(j) Wages and wage-related benefits, which include, but are not limited to, overtime pay, holiday pay, vacation leave pay, premium pay, paid leaves, and 13th month pay, if applicable;

(k) Compensation and benefits for occupations injury, illness, or death;

(l) The mandatory process for the determination of the final and binding disability grading by a DOH-accredited third doctor who is an expert in the disability of the seafarer, in case of conflict between the findings of the company and the seafarer's doctor;

(m) Social security and welfare benefits, including compulsory insurance coverage as provided under Section 37-A of Republic Act No. 8042, otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995", as amended by Republic Act No. 10022, and Section 6(n) of Republic Act No. 11641;

(n) Stipulation on repatriation or similar undertakings;

(o) Separation pay and retirement pay, if applicable;

(p) Reference to the CBA, if applicable;

(q) Other benefits provided by law, company policy, or CBA; and

(r) Termination of the contract and the conditions thereof, including:

(1) If the contract is for an indefinite duration, the conditions entitling either party to terminate it and the period to give notice which shall not be less for the shipowner than for the seafarer;

(2) If the contract is for a definite duration, the date fixed for its expiry; and

(3) If the contract is for a voyage, the port of destination and the time which has to expire after arrival before the seafarer's discharge.

The Section shall be in English or translated in the language known to the seafarer, and executed in four (4) original copies before the commencement of the employment.

The shipowner and the seafarer shall each have a signed original of the agreement. In addition, a signed original shall be made available on board the ship.

The DMW shall issue an SEC containing at least the minimum standards for seafarer's employment for ocean-going Philippine or foreign-registered ships, which shall be subject to review and regularly updated to ensure its conformity with the MLC 2006, as amended, and other existing treaties and conventions governing seafarers which the Philippines has ratified.