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INTRODUCTION: The Maritime Training Council (MTC) was established on May 1, 1984 pursuant to Letter of Instruction 1404 dated 1 May 1984, to give effect to the International Maritime Organization’s Standard of Training, Certification and Watchkeeping (STCW) for Seafarers 1978 Convention. The Maritime Training Council is attached to the Department of Labor and Employment. ORGANIZATION Chairperson: Secretary of Labor & Employment Members: Commission on Higher Education (CHED) Philippine Overseas Employment Administration (POEA) Overseas Workers Welfare Administration (OWWA) Maritime Industry Authority (MARINA) Professional Regulation Commission (PRC) Philippine Coast Guard (PCG) Department of Foreign Affairs (DFA) Office of the President National Telecommunication Commission (NATELCOM) Technical Education & Skills Development Authority (TESDA) Department of Health (DOH) FUNCTION Develop, formulate and prescribe standards of training for seafarers as prescribed by the convention; Assist the ministry of education, culture and sports in regulating and supervising the establishment and operation of seamen training centers throughout the country; Liaise and coordinate with international organizations particularly with the international maritime organization as regards the training, upgrading and qualifying seafarers;
Formulate rules and regulations to implement the STCW of 1978; Prescribe and collect fees from the seamen training centers subject to clearance by the national tax research center and to be remitted to and will constitute as part of the seafarers welfare fund; Undertake special programs/projects in furtherance of the objectives of training and upgrading of seafarers; and Study, evaluate and recommend to the ministry of education, culture and sports the number and maximum enrolment of nautical schools to ensure that the graduates will have reasonable opportunity to be employed aboard ship after their graduation. OTHER RESPONSIBILITIES: Ensure that all legal administrative measures taken and provide by the concerned government agencies and instrumentalities are appropriate and compliant to the convention, as amended; Ensure that the evaluation of the quality standards of the government instrumentalities involved in the administration of the certification system, training courses and programs, examination and assessment carried out by or under the authority of that government instrumentality concerned, including the qualification of instructors and assessors are conducted; Be responsible to other state parties with respect to the Philippine compliance to the convention, as amended; Communicate to the international maritime organization (IMO) information required under regulation of the convention, as amended. STEPS IN APPLYING FOR ACCREDITATION Step 1. Step 2. Step 3. Training Center shall submit a Letter of Intent, which shall state the course/s to be accredited and other information that may be considered relevant. Upon acknowledgement of the letter of intent by MTC, the training center shall file its letter of application, which shall be accomplished in prescribed. After requirements are fully complied, the training center shall be notified of the date of inspection to verify and confirm conformance
PRE-REQUISITES FOR ACCREDITATION Before the application for accreditation of a course program shall be considered for evaluation, the following shall be established in accordance with the existing government regulations: Legal authority to conduct training Safe occupancy of all buildings and structures used or occupied for training and related services.
Compliance with safety regulations required by the government as prescribed under MTC Memorandum Circular No. 04, Series of 1996. Measures to ensure the personal safety of trainees enrolled in hazardous training, including provision of a “group insurance scheme”. Accessibility to medical services at the training sites and classrooms as prescribed under MTC Memorandum Circular No. 04, Series of 1996. Library facilities Plan of training site Certification of ownership of building or lease contract Payment of required filing fee Administrative requirements as prescribed under MTC Memorandum Circular No. 18, Series of 1996 STCW 95 The 1995 amendments to the international maritime organization convention on standards of training, certification and watchkeeping for seafarers (STCW 95) entered into force in 1997 Convention aims to provide answers to the problems of bringing all seafarers up to the same high standard of confidence Requires government to submit detailed reports to the international maritime organization (IMO) by providing documentary evidence of compliance with the new training and certification standards Require flag states to undertake their own checks on training and competence, including the provision of competent lecturers and assessors and general improvement to the training infrastructure
NATIONAL MARITIME POLYTECHNIC
LOCATION Barangay Cabalawan, Tacloban, Leyte (highly accessible by land, sea and air transportation from and to Manila, Cebu and other major cities.) ESTABLISHED May 1, 1978, by virtue of Presidential Decree No. 1369 to meet the need for a maritime training centers in the country. In 1987, through Executive Order No. 126, the NMP was attached to the Department of Labor and Employment (DOLE) converting NMP from a state college to a DOLE agency. MISSION The NMP shall ensure the employment acceptability of Filipino seafarers and make them competitive in the international labor market by enhancing their knowledge, skills, and attitudes. VISION The NMP envisions to be a world-class maritime center of excellence. CERTIFICATION ISO-9001 certified last April 25, 2000 by AJA Registrars of Bristol, England PURPOSES To train and upgrade the country’s maritime manpower resources through upgrading and specialization programs, integrating values vital to social transformation for both merchant marine officers and ratings; To provide administrative support services to ensure the delivery of quality training and effective maritime studies. Conduct researchers and studies on the latest maritime technologies and other related matters for the maritime industry. MAJOR THRUST Improved training quality, access and relevance; Continuing faculty and personnel competencies development; Optimum utilization of center-resources including personnel for improved organizational performance;
Aggressive generation and mobilization of resources through alternative schemes other than the regular budget allotment; Responsive and efficient financial and administrative operations; Improved institutional visibility; Enhanced working partnership between planning and research. SERVICES BEING OFFERED Upgrading and specialized maritime-related for deck and engine officers Basic safety courses for both officers and ratings Faculty development program (cross-training shipboard rotation, foreign and local scholarship and training grants Proficiency in survival craft and rescue boat other than fast rescue boat (PSCRB) Prevention of alcohol and drug abuse in the maritime sector (PADAMS) Personal safety and social responsibility (PSSR) STD/HIV/AIDS prevention in the maritime sector (SHAPIMS) Training course for instructors Simulator course for senior cadets Safety at sea course for fishermen, motor boat, operators and handlers OTHER SPECIALIZED COURSES Shore-based firefighting General tanker familiarization General operators’ course Computer course for seafarers Marpol 73/78 Annex 1 -Tank washing, cargo and ballast operations on board oil tankers
Marpol 73/78 Annex 2 - Criteria used for categorizing toxions liquid substances according to the hazards they present to environment, the ship type they may be carried and the condition in which they may be discharged RESEARCH SERVICES Profile of women executives in the maritime sector Analysis of marine casualties and incidents in the Philippines Maritime security: A burden to shipping companies and seafarers? Can the Philippines produce a greater number of Filipino officers to comply with global demands?
RULES AND REGULATIONS GOVERNING THE RECRUITMENT AND EMPLOYMENT OF SEAFARER
DEFINITIONS Seafarer – refers to any person who is employed or engaged in any capacity on board a seagoing ship navigating the foreign seas other than a government ship used for military or noncommercial purposes. The definition includes fishermen, cruise ship personnel and those serving on foreign maritime mobile offshore and drilling units. Shipowner – refers to the owner of the ship or any other organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for operation of the ship from the shipowner and who on assuming such responsibilities has agreed to take over all the attendant duties and responsibilities. Principal – refers to a foreign person, partnership or corporation engaging and employing Filipino seafarers through a licensed manning agency. Cruise Ship Personnel – refers to person/s engaged as part of the hotel crew on board seagoing ships or passenger ships navigating the foreign seas. MARITIME EMPLOYMENT • • • Issuance of license to manning agency Inspection of manning agency Fees and contributions
Fees chargeable to Principals. Agencies shall charge from their principals manning fee to cover services rendered in the recruitment and deployment of seafarers. However, manning agencies shall not charge any fee from the seafarers for their recruitment and deployment services. ADVERTISEMENT FOR MARITIME EMPLOYMENT MEDICAL EXAMINATION DEPARTURE AND ARRIVAL OF SEAFARERS Departure. All departing seafarers shall be monitored through the POEA Assistance Centers established by the Administration at international airports and other exit points in the country to ensure that they are properly documented before proceeding to their overseas job sites. Seafarers without proper documents shall not be cleared by the center.
Overseas Employment Certificate (OEC) Issuance at the Center. Departing seafarers may secure overseas employment certificate at the labor assistance centers under such circumstances as may be determined by the Administration. Arrival. The center shall support OWWA and other government agencies in providing assistance to arriving seafarers particularly those who are in distress. POEA Clearance for Special Cases. The POEA shall issue special clearances for travel abroad in accordance with guidelines which may be issued by the administration. DOCUMENTARY PROCESSING OF SEAFARERS The following requirements shall be submitted for the documentation of seafarers: a. Request for processing indicating the names, positions, and salaries of workers using the prescribed form of the Administration. b. Three (3) copies of the full text of applicable standard employment contract aside from a copy provided to the applicant by the manning agency; c. Information sheet; d. Valid Seafarer’s Identification And Record Book e. Seafarer’s Registration Certificate f. Other documents which the administration may find necessary Payment of Processing Fees. The payment of processing fees shall be paid to the Administration upon submission of the request for processing. Period to Deploy. An agency shall deploy its hired seafarers within sixty days from the date of issuance of the overseas employment certificate (OEC). LEGAL ASSISTANCE AND ENFORCEMENT MEASURES Acts Constituting Illegal Recruitment Illegal Recruitment means any act of canvassing, enlisting, and contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority. It includes the following acts: a. Charging or accepting directly or indirectly any amount of money, goods or services, or any fee or bond for any purpose from an applicant seafarer;
b. Furnishing or publishing any false notice or information or document in relation to recruitment or employment; c. Giving any false notice, testimony, information or document in relation to recruitment or employment; d. Inducing or attempting to induce a seafarer already employed to quit his employment in order to offer him another unless the transfer is designed to liberate the seafarer from oppressive terms and conditions of employment e. Influencing or attempting to influence any person or entity not to employ any seafarer who has not applied for employment through his agency. f. Engaging in recruitment or deployment of seafarers in jobs harmful to public health or morality or to the dignity of Republic of the Philippines, as may be prohibited by law or duly constituted authority. g. Obstructing or attempting to obstruct inspection by the Secretary or by his duly authorized representative; h. Failure to submit reports on the status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, departures and such other information as may be required by the Secretary under penalty of law; i. Substituting or altering to the prejudice of the seafarer, employment contracts approved and verified by the Department from the time of actual signing thereof by the parties up to and including the expiration of the same without approval of the Department; j. For an officer or agent of a manning agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of a travel agency; k. Withholding or denying travel documents from applicant seafarer before departure for monetary of financial considerations other than those authorized under the Labor Code and its implementing rules and regulations; l. Failure to actually deploy without valid reasons as determined by the Department; and m. Failure to reimburse the expensed incurred by the seafarer in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the seafarer’s fault. Independent Administrative Action. The institution of criminal action is without prejudice to any administrative action against the licensee or holder of authority cognizable by the Administration, which could proceed independently of the criminal action. Anti-Illegal Recruitment Programs such as:
a. Providing assistance to victims of illegal recruitment and related cases; b. Assistance in the processing of suspected illegal recruiters; c. Special operations such as surveillance of persons and entities suspected to be engaged in illegal recruitment; and d. Information and education campaign. Legal Assistance. The Administration shall provide free legal assistance to victims of illegal recruitment and related cases including but not limited to legal advice,. Assistance in the preparation of complaints and supporting documents, institution of criminal actions and whenever necessary, provide counseling assistance during preliminary investigation and hearings. Receiving complaints for illegal recruitment. Victims of illegal recruitment and related cases may file with the Administration a report or complaint in writing and under oath for assistance purposes. In regions outside the NCR, the same may be filed with the appropriate regional office of the Administration Action on the Complaint/Report. Where the complaint alleges that the illegal recruitment activities are on-going, surveillance shall be conducted. If illegal recruitment activities are confirmed, issuance of closure order may be recommended to the Administrator through the Director of Licensing and Regulation Office If sufficient criminal action is found, the case shall be immediately forwarded to the appropriate office for such action. Institution of Criminal Action. The Secretary, Administrator or the Regional Director concerned, or their duly authorized representative or any aggrieved person, may initiate the corresponding criminal action with the appropriate office. Where a complaint is filed with the Administration and the same is proper for preliminary investigation, it shall file the corresponding complaint with the appropriate officer, with the supporting documents. RECRUITMENT VIOLATIONS AND RELATED CASES Jurisdiction. The Administration shall exercise original and exclusive jurisdiction to hear and decide all cases which are administrative in character, involving or arising out of violation of recruitment laws, rules and regulations or violation of the conditions for issuance of license to recruit seafarers, including refund of fees collected from seafarers. Grounds for imposition of Administrative Sanctions: a. Charging, imposing or accepting directly or indirectly, any amount of goods or services, or any fee or bond for any purpose from an applicant seafarer;
b. Engaging in act/s of misrepresentation, such as furnishing or publishing any false or deceptive notices or information in connection with the recruitment and employment of seafarers; c. Inducing or attempting to induce a seafarer already employed to quit his employment in order to offer him another unless the transfer is designed to liberate the seafarer from oppressive terms and conditions of employment d. Influencing or attempting to influence any person or entity not to employ any seafarer who has not applied for employment through his agency. e. Falsifying or altering travel documents of applicant seafarer; f. Deploying seafarers whose employment and travel documents were not processed by the Administration or those agencies authorized by it; g. Deploy seafarers to principals not accredited by the Administration or to vessels not enrolled with the deploying agency; h. Failure to deploy a seafarer within the prescribed period without valid reason; i. Coercing a seafarer to accept a prejudicial arrangements in exchange for certain benefits that rightfully belong to the seafarer; j. Withholding of seafarers’ salary or remittances without justifiable reasons or shortchanging of remittances; FILING OF COMPLAINTS Who May File A Complaint. Any aggrieved person, one who is prejudiced by the commission of violation, may file a complaint in writing and under oath for violation of the provisions of the Labor Code, POEA rules and regulations and other issuances relating to recruitment. The Administration, on its own initiative, may conduct proceedings based on reports of violation of the Labor Code, these rules and other issuances, subject to preliminary evaluation. Venue. Any complaint arising out of recruitment violation or violation of the conditions of license may be filed with the Adjudication Office or in the nearest POEA Regional Centers or DOLE Regional Office exercising territorial jurisdiction over the place where the complainant was recruited at the option of the complainant. The office to which complaint was first filed shall take cognizance of the case. Contents Of The Complaint a. The name and address of the complainant b. The name and address of the respondent c. The nature of the complaint
d. The substance, cause/grounds of the complaint e. When and where the action complained of happened f. The amount of claim, if any g. The relief/s sought The complaint shall be under oath and shall, whenever possible, be accompanied by supporting documents, together with a certificate of non-forum shopping. ACTION UPON COMPLAINT 1. Answer. Upon receipt of the complaint, the Administration shall issue an order, attaching thereto a copy of the complaint and supporting documents, if any, directing the respondent/s to file a verified Answer and not a Motion to Dismiss within ten (10) calendar days from receipt, attaching proof that a copy was sent to the complainant. 2. Failure to File Answer. In case of failure to file answer, the investigation/hearing shall proceed ex parte. 3. Motion for Extension. Only one motion for extension (10 days) shall be allowed except when the allegations in the complaint refer to circumstances which occurred abroad. 4. Nature of Proceedings. It shall comply with the requirements of due process without strictly adhering to the technicalities of procedure and evidence applicable to judicial proceedings. 5. Preliminary Hearing. The Overseas Employment Adjudicator shall set the date, time and place of the preliminary hearing with due notice to the parties with the end view of arriving at an amicable settlement and for purposed of simplifying the issues, marking of evidence and stipulation of facts. He may also initiate clarificatory questions to the parties or their witnesses to further elicit relevant facts or information. 6. Service of Order to Appear/To Produce Documents. The administration shall issue an order to appear/produce documents to agency/ officers/ concerned persons. 7. Failure or Refusal to Obey Order to Appear/To Produce Documents – will produce the effect of suspension of license if failure to do so is without justifiable reason without prejudice to the outcome of the investigation where proper penalty may be imposed. 8. Summary Judgment. Should the Overseas Employment Adjudicator find, upon consideration of the complaint, answer and evidence submitted, that resolution/decision may be rendered, the case shall be deemed submitted and a summary judgment shall be issued. 9. Effects of Withdrawal of Complaint/Desistance. The withdrawal/desistance of the complaining witness shall not bar the Administration from proceeding with the investigation of the recruitment violation/s. The Administration shall resolve the case on the merits and impose the appropriate penalties.
10. Resolution of the Case. Except in cases of preventive suspension, the Overseas Employment Adjudicator shall, within ninety (90) calendar days from the filing of the case, submit his findings and recommendations in the form of a draft order. 11. Who May Issue Orders/Resolutions. The Administrator may issue orders of reprimand, suspension of documentary processing, suspension, cancellation or revocation of license, or dismissal on the merits of the case. PENALTIES: Reprimand Suspension of License 1 month to 3 months 2 months to six months 3 months & 1 day to 6 months 6 months & 1 day to 1 year
Cancellation of License PENALTY FOR CASES INVOLVING FIVE OR MORE COMPLAINANTS. A respondent guilty of committing an offense, regardless of the number or nature of charges, against five (5) or more complainants shall be imposed the penalty of cancellation of license. DISCIPLINARY ACTION AGAINST SEAFARERS Jurisdiction. The Administration shall exercise original and exclusive jurisdiction to hear and decide disciplinary action cases against seafarers, foreign employers, and principals which are administrative in character. Venue. Any complaint involving disciplinary action cases shall be filed with the Adjudication Office of the Administration. Grounds A. Pre-employment Offenses 1. Submission/furnishing or using false information or documents or any form of misrepresentation for purpose of job application or employment 2. Unjust refusal to join ship after all employment and travel documents have been duly approved by the appropriate government agencies B. Offenses During Employment 1. Smuggling or violation of any custom rules and regulations of the Philippines and of foreign ports a) Smuggling any taxable item
b) Possession or use of prohibited drugs, narcotics and other contraband c) Gunrunning and possession of explosives and the like d) Abetting or conniving with others to commit smuggling e) Possession of pornographic materials leading to its seizure and fine to vessels 2. Desertion – desertion or attempt to desert employment 3. Absence without leave 4. Sleeping on post while on duty 5. Insubordination – any act of disobedience to lawful orders of superior officers 6. Drunkenness 7. Creating trouble outside the vessel’s premises 8. Gambling 9. Violation of company policies and regulations a) Pilferage or theft of ship’s store or cargo b) Embezzlement of company funds or properties of a fellow worker entrusted for delivery to kin or relatives in the Philippines 10. Grave abuse of authority 11. Incompetency and inefficiency 12. Conniving with or cuddling stowaway Exempting Circumstances. The following considerations shall be legitimate reasons for the refusal of a seafarer to depart from the worksite or to withdraw from employment: a. Exposure to hazardous or demeaning working and living conditions; b. Refusal of the employer or principal to grant. Release or remit wages and other benefits due the seafarer; c. War, plague, or other calamities at the worksite; and d. Violation of labor laws of the Philippines, the host country, international labor and maritime laws.
Who May File. Any person may file with the Administration a complaint in writing and under oath for disciplinary action against a seafarer. APPEAL/ PETITION FOR REVIEW Jurisdiction. The Secretary shall have exclusive jurisdiction to act on appeals/petitions for review of recruitment violation cases and other related cases decided by the Administration. Period to appeal. The party aggrieved by the decision of the Administration may appeal the same to the Secretary of Labor and Employment within fifteen (15) calendar days from receipt of a copy of the decision. Failure of the aggrieved party to perfect his appeal within the reglementary period shall render the decision of the Administration final and executory. Requirements for appeal. The appealing party shall file a Notice of Appeal and an Appeal Memorandum with the Adjudication Office or the Regional Office of the Administration, as the case may be. In case a fine and/or a monetary award is imposed against the appealing party, he shall also file a supersede as bond in the amount of such fine and/or monetary award, in cash or in surety bond posted by a surety company acceptable to the Administration. Transmittal of the records of the case on appeal. Within twenty four (24) hours form the receipt of appeal seasonably filed with the corresponding requirements, the Adjudication Office, shall transmit the entire records of the case to the Office of the Secretary of Labor and Employment. Stay of execution. The decision of the Administration shall be stayed during the pendency of the appeal. Period to resolve the appeal. Appeals form the decision of the Administrator shall be resolved b y the Office of the Secretary for Labor and Employment within sixty (60) calendar days from receipt of the transmittal of the entire records of the case. Execution of decisions. After the Order has become final and executory, the Administration upon motion or on its own initiative, shall issue a writ of execution requiring the Enforcement Officer to enforce a monetary award or fine imposed in the decision. Execution shall proceed against the assets of the losing party in the following order: a. Escrow deposit b. Surety bond c. Personal Property d. Real Property Execution pending petition for certiorari. Once a petition for certiorari has been filed with and given due course by the appellate court the execution of the order insofar as the monetary award to private claimant shall be stayed.
REFERENCE: RULES AND REGULATIONS GOVERNING THE RECRUITMENT AND EMPLOYMENT OF SEAFARER March 23, 2003