If you’re a Filipino seafarer, this new law directly affects you.
The Magna Carta of Filipino Seafarers, also known as Republic Act No. 12021, was signed into law on September 23, 2024. It establishes your rights, protections, and employment conditions while working at sea.
Whether you’re currently employed on a vessel, training as a cadet, or considering a career in maritime work, this law aims to provide a safer, fairer, and more transparent working environment.
Who Is Covered Under the Magna Carta?
This law applies to all Filipino seafarers who are:
- Employed on international ships, whether Philippine-registered or foreign-registered
- Cadets undergoing training on international vessels
However, some seafarers are not covered by the law, including those on:
- Warships and naval auxiliaries
- Government ships not used for commercial purposes
- Traditional ships
- Fishing vessels
If you work on a domestic vessel, you may still have protections under the Labor Code of the Philippines, but this Magna Carta focuses mainly on overseas Filipino seafarers.
One major issue raised by seafarer advocacy groups is the exclusion of overseas fishermen from this law’s full protection, which remains a point of contention.
Your Rights as a Seafarer Under the Magna Carta
The law guarantees several key rights to protect you while working at sea, including:
- Just Working Conditions
- Fair wages, working hours, and benefits
- Clean accommodations and recreational facilities
- Access to proper food, water, and medical care
- Freedom from Discrimination and Harassment
- Equal opportunities for all seafarers, regardless of gender
- Protection against workplace bullying and abuse
- Right to Organize
- Ability to join unions and negotiate working conditions
- Access to Legal Representation
- Free legal help in disputes with employers or agencies
- Fair grievance procedures
- Fair Medical Assessment
- Immediate access to medical attention when needed
- Transparent disability grading process (more on this below)
- Special Protection for Women Seafarers
- Policies to prevent gender-based discrimination
- Equal training and career opportunities
- Protection from harassment and unfair treatment
If you face any issues in these areas, you now have legal backing to fight for your rights.
Employment Terms and Conditions
Only licensed manning agencies can now recruit and deploy seafarers under this law. Employers must provide a standard employment contract that includes:
- Clear terms for wages, benefits, and working hours
- Coverage for injuries, disabilities, and medical care
- Paid repatriation costs if you need to return home unexpectedly
This contract is intended to reduce exploitation and ensure fair treatment for all Filipino seafarers.
How Medical Disputes and Disability Claims Work
A major issue seafarers face is disputes over disability claims after a work-related injury or illness. The Magna Carta sets up a three-step process to resolve these disputes:
- Company-Designated Doctor
- After an injury or illness, you will first be assessed by your employer’s doctor.
- They will determine whether you are fit to work or have a disability rating.
- Seafarer’s Own Doctor
- If you disagree with the company doctor’s findings, you can seek a second opinion from your chosen specialist.
- Third-Party Decision
- If the two doctors disagree, the Department of Migrant Workers (DMW) will assign a third doctor from a pool of specialists.
- This final decision is binding for both parties.
This process aims to make medical evaluations fairer and more transparent, preventing unfair dismissals of disability claims.
The Execution Bond Controversy
One of the most controversial provisions in the Magna Carta is the execution bond requirement under Section 59.
Here’s how it works:
- If a seafarer wins a legal case against a shipowner or manning agency, only part of their monetary award is immediately released.
- The rest of the amount will be held back if the employer files an appeal.
- To access the remaining money, the seafarer must post a bond (which can be very expensive).
- If the appeal is resolved in the seafarer’s favor, the losing party must refund the bond amount.
Many seafarer groups argue this is unfair, as it puts an extra financial burden on workers who already won their case.
Advocates are still pushing for this provision to be removed, as it benefits employers more than seafarers.
What to Do Next
If you’re a Filipino seafarer, here are some steps you can take:
- Review your employment contract to ensure it follows the new law.
- Understand your rights under the Magna Carta and speak up if they’re violated.
- Join a seafarer’s union to stay informed and protect yourself legally.
- Consult a lawyer if you face disputes regarding wages, working conditions, or disability claims.
The Magna Carta of Filipino Seafarers is a step forward in protecting maritime workers, but it still has flaws that need fixing.
Stay informed and know your rights to ensure you get fair treatment at sea.
Frequently Asked Questions
- Does this law apply to Filipino seafarers on domestic ships?
Not fully. While some provisions apply, domestic seafarers are still mainly covered by the Labor Code of the Philippines. - Can women seafarers expect equal treatment under this law?
Yes. The Magna Carta specifically protects Filipina seafarers from discrimination and promotes equal career opportunities. - How does the new medical assessment process help seafarers?
It prevents biased disability grading by ensuring a third-party doctor makes the final decision when disputes arise. - What should I do if my employer violates my rights under this law?
You can report violations to the Department of Migrant Workers (DMW) or seek legal assistance from a seafarer’s rights organization.
Recent Updates
New Rules on Monetary Awards for Filipino Seafarers
The Magna Carta of Filipino Seafarers, signed into law in 2024, establishes new guidelines for monetary awards.
These rules, effective since January 8, 2025, cover various claims, including salaries, benefits, and damages.
The National Conciliation and Mediation Board (NCMB) and the Department of Labor and Employment (DOLE) issued clarifications.
A key change involves a seafarer’s bond for disputed amounts pending appeal, warranting fair restitution.
This measure aims to protect both seafarers and employers while upholding justice. (Business Mirror)
The Case of the Missing Cadet and the Magna Carta of Filipino Seafarers
A missing cadet’s case highlights gaps in Republic Act No. 12021 (Magna Carta of Filipino Seafarers).
The law primarily protects seafarers, not cadets undergoing onboard training (OBT) without school enrollment.
While the law’s intent is laudable, its application to cadets is limited, raising concerns about their protection.
The initial bill included broader cadet protections, but these were removed due to industry concerns about added costs.
This situation underscores the need for clearer guidelines to ensure the well-being and protection of all Filipino maritime students. (The Manila Times)
New DOLE Guidelines on Seafarers’ Financial Claims
The Department of Labor and Employment (DOLE) recently released new guidelines addressing financial disputes involving Filipino seafarers.
These rules, stemming from Republic Act 12021 (Magna Carta of Filipino Seafarers), clarify the handling of money claims.
Department Order No. 247, series of 2025, details procedures for enforcing decisions by the NLRC and NCMB.
A key aspect addresses disputed amounts, requiring a seafarer’s bond pending court appeals to ensure fair restitution.
The guidelines aim for prompt resolution while safeguarding the rights of both seafarers and employers. (Sun Star)
Video: PBBM inks into law Magna Carta of Filipino Seafarers
The video discusses the signing of the Magna Carta for Filipino Seafarers by President Ferdinand Marcos Jr., a landmark legislation aimed at protecting the rights and welfare of both domestic and overseas Filipino seafarers. This law ensures fair pay, proper living and working conditions, access to medical care, and opportunities for skills development and career advancement. It also mandates the provision of incentives and support for seafarers’ families back home. The Magna Carta highlights the significant contributions of Filipino seafarers to the global maritime industry and the sacrifices they make in connecting the Philippines to the world. It emphasizes the importance of upholding their rights and providing the necessary protections to enhance their well-being and professional growth.
Conclusion
The maritime industry remains one of the most important sectors for overseas Filipino workers. While this law provides many protections, there are still challenges ahead.
Stay aware of your rights, get involved in advocacy efforts, and continue fighting for fair treatment at sea.