New POEA Contract

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STANDARD TERMS AND CONDITIONS GOVERNING THE OVERSEAS EMPLOYMENT

OF FILIPINO SEAFARERS ON-BOARD OCEAN-GOING SHIPS

Definition of Terms:

For purposes of this contract, the following terms are defined as follows:

1. Allotee refers to any person named or designated by the seafarer as the recipient of his remittance to the
Philippines.

2. Basic Wage - refers to the salary of the seafarer exclusive of overtime, leave pay and other allowances and benefits.

3. Beneficiary(ies) - refers to the person(s) to whom the death compensation and other benefits due under the
employment contract are payable in accordance with rules of succession under the Civil Code of the Philippines, as
amended.

4. Compassionate Ground - refers to incidence of death of an immediate member of the seafarers family which includes his
parents, spouse and children if the seafarer is married or his parents if the seafarer is single.

5. Convenient Port - any port where it is practicable, economical, safe and convenient to repatriate the seafarer.

6. Dental Treatment - covers tooth extraction, or dental surgery if necessary, due to accident.

7. Departure - refers to the actual departure from the point of hire of the seafarer through air, sea or land travel transport to join
his ship at a Philippine or foreign port.
8. Manning Agency - refers to any person, partnership or corporation duly licensed by the Secretary of Labor and
Employment to engage in the recruitment and placement of seafarers for ships plying international waters and for
related maritime activities.

9. Philippine Port - refers to any Philippine airport or seaport.

10. Point of Hire - refers to the place indicated in the contract of employment, which shall be the basis for determining
commencement and termination of contract.

11. Pre-existing illness an illness shall be considered as pre-existing if prior to the processing of the POEA contract,
any of the following conditions are present:

a. The advice of a medical doctor on treatment was given for such continuing illness or condition; or

b. The seafarer had been diagnosed and has knowledge of such an illness or condition but failed to disclose the
same during pre-employment medical examination (PEME), and such cannot be diagnosed during the PEME.

12. Principal/Employer/Company - any person, partnership or corporation hiring Filipino seafarers to work onboard
ocean-going ships.

13. Regular Working Hours - refers to the seafarers eight (8) hour working hours within a period of 24 hours.

14. Seafarer - refers to any person who is employed or engaged in overseas employment in any capacity on board a
ship other than a government ship used for military or non-commercial purposes.

15. Shipwreck - refers to the damage or destruction of a ship at sea caused by collision, storm, grounding or any other marine
peril at sea or in port rendering the ship absolutely unable to pursue her voyage.
16. Work-Related Illness - any sickness as a result of an occupational disease listed under Section 32-A of this Contract with
the conditions set therein satisfied.

17. Work-Related Injury - injury arising out of and in the course of employment.

SECTION 1. DUTIES

A. Duties of the Principal/Employer/Master/Company:

1. To faithfully comply with the stipulated terms and conditions of this contract, particularly the prompt payment of wages ,
remittance of allotment and the expeditious settlement of valid claims of the seafarer.

2. To extend coverage to the seafarers under the Philippine Social Security System (SSS), Philippine Health Insurance
Corporation (PhilHealth), Employees Compensation Commission (ECC) and Home Development Mutual Fund
(Pag-IBIG Fund), unless otherwise provided in multilateral or bilateral agreements entered into by the Philippine
government with other countries.

3. To make operational on board the ship the grievance machinery provided in this contract and ensure its free access
at all times by the seafarer.

4. To provide a seaworthy ship for the seafarer and take all reasonable precautions to prevent accident and injury to the crew
including provision of safety equipment, fire prevention, safe and proper navigation of the ship and such other precautions
necessary to avoid accident, injury or sickness to the seafarer.

5. To observe the Code of Ethics for Seafarers and conduct himself in the traditional decorum of a master.

6. To provide a workplace conducive for the promotion and protection of the health of the seafarers in accordance
with the standards and guidelines in Title 4 of the ILO Maritime Labor Convention, 2006
B. Duties of the Seafarer:

1. To faithfully comply with and observe the terms and conditions of this contract, violation of which shall be subject to
disciplinary action pursuant to Section 33 of this contract.

2. To abide by the Code of Discipline as provided in the POEA rules and regulations governing overseas contract workers and
the Code of Ethics for Seafarers.

3. To be obedient to the lawful commands of the Master or any person who shall lawfully succeed him and to comply with the
company policy including safety policy and procedures and any instructions given in connection therewith.

4. To be diligent in his duties relating to the ship, its stores and cargo, whether on board, in boats or ashore.

5. To conduct himself at all times in an orderly and respectful manner towards shipmates, passengers, shippers, stevedores,
port authorities and other persons on official business with the ship.

6. To take personal responsibility for his health while onboard by practicing a healthy lifestyle which includes taking
medications and lifestyle changes as prescribed by the company-designated doctor.

SECTION 2. COMMENCEMENT/DURATION OF CONTRACT

A. The employment contract between the employer and the seafarer shall commence upon actual departure of the seafarer from
the Philippine airport or seaport in the point of hire and with a POEA approved contract. It shall be effective until the seafarers
date of arrival at the point of hire upon termination of his employment pursuant to Section 18 of this Contract.

B. The period of employment shall be for a period mutually agreed upon by the seafarer and the employer but not to exceed 12
months. Any extension of the contract shall be subject to mutual consent of both parties.

SECTION 3. FREE PASSAGE FROM THE POINT OF HIRE TO THE PORT OF EMBARKATION

The seafarer shall join the ship and be available for duty at the date and time specified by the employer. The seafarer shall travel
by air or as otherwise directed at the expense of the employer.
SECTION 4. BAGGAGE ALLOWANCE
The seafarer traveling by air to join a ship or on repatriation shall be entitled to the normal free baggage allowance offered by the
airlines. The cost of the excess baggage shall be for the account of the seafarer.

SECTION 5. HYGIENE AND VACCINATION

A. The seafarer shall keep his quarters and other living spaces such as: mess rooms, toilets, bathrooms, alleyways and recreation
rooms in clean and tidy condition to the satisfaction of the master. Such work is to be performed outside the seafarers regular
working hours and for which no overtime pay shall be claimed.

B. The seafarer shall submit to the order of the master or to the laws of any country within the territorial jurisdiction of which the
ship may enter to have such vaccination or inoculation or to undertake measures to safeguard his health and the entire crew
complement.

C. The company/employer shall ensure that the seafarer shall be informed on the cause, prevention and consequences
of HIV/AIDS.

SECTION 6. WAGES

A. All seafarers shall be paid for their work regularly and in full in accordance with this contract. They shall be paid
monthly wages not later than 15 days of the succeeding month from the date of commencement of the contract until
the date of arrival at point of hire upon termination of their employment pursuant to Section 18 of this contract.

B. Seafarers shall be given a monthly account of the payments due and the amounts paid to them, including wages,
additional payments and the rate of exchange used.

SECTION 7. PAYMENT ON BOARD

Payment of shipboard pay in foreign ports shall be subject to the currency control regulations at the port abroad and to the official
rate of exchange prevailing at the time of payment. Advances shall be at the masters/employers discretion and in accordance
with the foregoing conditions.
SECTION 8. ALLOTMENTS AND REMITTANCES

A. The seafarer is required to make an allotment which shall be payable once a month to his designated allottee in the
Philippines through any authorized Philippine bank. The principal/employer/master/company shall provide the
seafarer with facilities to do so at no expense to the seafarer. The allotment shall be at least eighty percent (80%) of
the seafarers monthly basic salary.

B. Theprincipal/employer/master/company may also provide facilities for the seafarer to remit any amount earned in
excess of his allotment, including backwages, if any, to his designated allottee in the Philippines through any
authorized Philippine bank without any charge to him.

C. The allotments shall be paid to the designated allottee in Philippine currency at the rate of exchange indicated in the credit
advice of the local authorized Philippine bank.

SECTION 9. FINAL WAGE ACCOUNT & CERTIFICATE OF EMPLOYMENT

The seafarer, upon his discharge, shall be given a written account of his final wages reflecting all deductions therefrom. Where a
seafarer is landed in an emergency, the written account of his wages shall be given to him not later than one month from
disembarkation. Upon the seafarers request, he shall also be provided by his principal/employer/master/company his
certificate of employment or service record without any charge.

SECTION 10. HOURS OF WORK

A. The seafarer shall perform not more than forty-eight (48) hours of regular work a week. The hours of works shall be
determined and prescribed by the master, provided that it conforms with the customary international practices and standards
and as prescribed in paragraph B below.

B. Regular working hours for the seafarer shall be eight (8) hours in every 24 hours, midnight to midnight, Monday to Sunday. The
normal practice is as follows:
1. The day worker shall observe the eight (8) regular working hours during the period from 0600 hours to 1800 hours.

2. The steward personnel shall observe the eight (8) regular working hours during the period from 0500 hours to 2000 hours.

3. The Radio Operator shall observe the eight (8) regular working hours in every twenty-four (24) hours, midnight to midnight,
from Monday to Sunday as established by International Telecommunication Conventions and as prescribed by the master.

4. For those who are on sea watch, their working hours shall be eight (8) hours per day. Staggering of working hours will be at
the masters discretion.

C. The record of the seafarers daily hours of work or of his daily hours of rest shall be maintained to allow monitoring of
compliance to the above provisions. The seafarer shall be provided a copy of the records pertaining to him which
shall be endorsed by the master or a person authorized by the master, and by the seafarer.

The seafarer shall be allowed reasonable rest period in accordance with international standards.

SECTION 11. OVERTIME & HOLIDAYS

A. The seafarer shall be compensated for all work performed in excess of the regular eight (8) hours as prescribed above.
Overtime pay may be classified as open, fixed or guaranteed.

In computing overtime, a fraction of the first hour worked shall be considered as one full hour. After the first hour overtime, any
work performed which is less than thirty (30) minutes shall be considered as half an hour and more than thirty (30) minutes
shall be considered one full hour.

B. Overtime work may be compensated at the following rates:

1. Open overtime - not less than 125 percent (125%) of the basic hourly rate computed based on two hundred eight (208)
regular working hours per month.

2. Guaranteed or fixed overtime - not less than thirty percent (30%) of the basic monthly salary of the seafarer. This fixed rate
overtime shall include overtime work performed on Sundays and holidays but shall not exceed one hundred five (105) hours
a month.
3. Overtime work for officers shall be computed based on the fixed overtime rate.

4. For ratings, overtime work shall be based on guaranteed or open overtime rate, as mutually agreed upon by the contracting
parties. For ratings paid on guaranteed overtime, overtime work in excess of 105 hours a month for ratings shall be
further compensated by their hourly overtime rate.

C. Any hours of work or duty including hours of watchkeeping performed by the seafarer on designated rest days and holidays
shall be paid rest day or holiday pay. The following shall be considered as holidays at sea and in port.

New Years Day - January 1


Maundy Thursday - movable date
Good Friday - movable date
Araw ng Kagitingan (Bataan& Corregidor Day) - April 9
Labor Day - May 1
Independence Day - June 12
National Heroes Day - Last Sunday of August
All Saints Day - November 1
Bonifacio Day - November 30
Christmas Day - December 25
Rizal Day - December 30

D. Emergency Duty

Nothing in this Contract shall be deemed to impair the right of the master of a ship to require a seafarer to perform any
hours of work necessary for the immediate safety of the ship, persons on board or cargo, for the purpose of giving
assistance to other ships or persons in distress at sea, or to conduct fire, boat, or emergency drill. Accordingly, the
master may suspend the schedule of hours of work or hours of rest and require a seafarer to perform any hours of
work necessary until the normal situation has been restored or the drill has been completed. As soon as practicable
after the normal situation has been restored or the drill has been completed, the master shall ensure that any seafarer
who have performed work in a scheduled rest period are provided with an adequate period of rest.

No overtime work and pay shall be considered for such an emergency service or for fire, boat, or emergency drill.
SECTION 12. LEAVE PAY

The seafarers leave pay shall be in accordance with the number of days leave per month as agreed upon. Days leave shall not be
less than four and a half days ( 4 1/2) for each month of service and pro-rated. Leave pay shall be settled onboard or settled
within two weeks after arrival of the seafarer at the point of hire.

SECTION 13. SHORE LEAVE

The seafarer shall be allowed shore leave when practicable, upon the consent of the master or his deputy, taking into consideration
the operations and safety of the ship.

SECTION 14. SUBSISTENCE, SHIP STORES AND PROVISIONS

A. The seafarer shall be provided by the principal/employer/master/company with subsistence consistent with good maritime
standards and practices while on board the ship.

B. All stores and provisions issued to the seafarer are only for use and consumption on board the ship and any unused or
unconsumed stores or provisions shall remain the property of the employer. The seafarer shall not take ashore, sell, destroy
or give away such stores and provisions.

SECTION 15. TRANSFER CLAUSE

The seafarer agrees to be transferred at any port to any ship owned or operated, manned or managed by the same employer,
provided it is accredited to the same manning agent and provided further that the position of the seafarer and the rate of his wages
and terms of service are in no way inferior and the total period of employment shall not exceed that originally agreed upon.

Any form of transfer shall be documented and made available when necessary.
SECTION 16. GRIEVANCE MACHINERY

A. If the seafarer considers himself aggrieved, he shall make his complaint in accordance with the following procedures:

1. The seafarer shall first approach the head of the Department in which he is assigned to explain his grievance.

a. In the Deck, Radio and Catering Department, the head is the Chief Mate.

b. In the Engine Department, the head is the Chief Engineer.

c. In the Catering and/or Hotel Department in a passenger ship, the head is the Chief Steward and/or Purser.

2. The seafarer shall make his grievance in writing and in an orderly manner and shall choose a time when his complaint or
grievance can be properly heard.

3. The seafarer may also seek the assistance of the highest-ranking Filipino seafarer on board.

4. The Department head shall deal with the complaint or grievance and where solution is not possible at his level,
refer the complaint or grievance to the Master who shall handle the case personally.

5. If no satisfactory result is achieved, the seafarer concerned may appeal to the management of the company or with
a Philippine Overseas Labor Office or consular officer overseas. The master shall afford such facilities necessary
to enable the seafarer to transmit his appeal.

B. When availed of by the seafarer, the grievance procedure and all actions or decisions agreed upon shall be properly
documented for the protection and interest of both parties.

C. The aggrieved seafarer whose employment is covered by an existing CBA shall elevate any unsatisfactory resolution
of his grievance to voluntary arbitration as agreed upon under the CBA. The aggrieved party whose employment is not
covered by an existing CBA may elevate his complaint to the Maritime Industry Labor Arbitration Council (MILA) prior
to any other forum.
D. The foregoing procedures shall be without prejudice to other modes of voluntary settlement of disputes and to the jurisdiction of
the Philippine Overseas Employment Administration (POEA) or the National Labor Relations Commission (NLRC) over any
unresolved complaints arising out of shipboard employment that shall be brought before it by the seafarer.

SECTION 17. DISCIPLINARY PROCEDURES

The Master shall comply with the following disciplinary procedures against an erring seafarer:

A. The Master shall furnish the seafarer with a written notice containing the following:

1. Grounds for the charges as listed in Section 33 of this Contract or analogous act constituting the same.

2. Date, time and place for a formal investigation of the charges against the seafarer concerned.

B. The Master or his authorized representative shall conduct the investigation or hearing, giving the seafarer the opportunity to
explain or defend himself against the charges. These procedures must be duly documented and entered into the ships
logbook.

C. If after the investigation or hearing, the Master is convinced that imposition or a penalty is justified, the Master shall issue a
written notice of penalty and the reasons for it to the seafarer, with copies furnished to the Philippine agent.

D. Dismissal for just cause may be effected by the Master without furnishing the seafarer with a notice of dismissal if there is a
clear and existing danger to the safety of the crew or the ship. The Master shall send a complete report to the manning agency
substantiated by witnesses, testimonies and any other documents in support thereof.
SECTION 18. TERMINATION OF EMPLOYMENT

A. The employment of the seafarer shall cease when the seafarer completes his period of contractual service aboard the ship,
signs-off from the ship and arrives at the point of hire.

B. The employment of the seafarer is also terminated effective upon arrival at the point of hire for any of the following reasons:

1. When the seafarer signs-off and is disembarked for medical reasons pursuant to Section 20 (A)[5] of this Contract.

2. When the seafarer signs-off due to shipwreck, ships sale, lay-up of ship, discontinuance of voyage or change of ship
principal in accordance with Sections 22, 23 and 26 of this Contract.

3. When the seafarer, in writing, voluntarily resigns and signs off prior to expiration of contract pursuant to Section 19 (G) of this
Contract.

4. When the seafarer is discharged for just cause as provided for in Section 33 of this Contract.

SECTION 19. REPATRIATION

A. If the ship is outside the Philippines upon the expiration of the contract, the seafarer shall continue his service on board until
the ships arrival at a convenient port and/or after arrival of the replacement crew provided that, in any case, the continuance of
such service shall not exceed three months. The seafarer shall be entitled to earned wages and benefits as provided in his
contract.

B. If the ship arrives at a convenient port before the expiration of the contract, the principal/employer/master/company may
repatriate the seafarer from such port, provided the unserved portion of his contract is not more than one (1) month. The
seafarer shall be entitled only to his earned wages and earned leave pay and to his basic wages corresponding to the unserved
portion of the contract, unless within 60 days from disembarkation, the seafarer is rehired at the same rate and position, in
which case the seafarer shall be entitled only to his earned wages and earned leave pay.

C. If the ship arrives at a convenient port within a period of three (3) months before the expiration of his contract, the
principal/employer/master/company may repatriate the seafarer from such port provided that the seafarer shall be paid all
his earned wages. In addition, the seafarer shall also be paid his leave pay for the entire contract period plus a termination pay
equivalent to one (1) month of his basic pay, provided, however, that this mode of termination may only be exercised by the
principal/employer/master/company if the original contract period of the seafarer is at least nine (9) months; provided,
further, that the conditions for this mode of repatriation shall not apply to dismissal for cause.

D. The seafarer, if discharged at a port abroad for any reason shall be repatriated to the Philippines via sea or air or as may
otherwise be directed by the principal/employer/company. He shall be provided with accommodation and food,
allowances and medical treatment, if necessary, until he arrives at the point of hire.

E. When the seafarer is discharged for any just cause, the employer shall have the right to recover the costs of his replacement
and repatriation from the seafarers wages and other earnings.

F. The seafarer, when discharged and repatriated as directed by the principal/employer/master/company shall be entitled to
basic wages from date of signing off until arrival at the point of hire except when the discharge is in accordance with the above
or for disciplinary reasons.

If the seafarer delays or makes a detour or proceeds to a destination other than through the travel itinerary arranged
by the employer to the point of hire, the employment of the seafarer will be considered terminated at the time the
seafarer signs off the ship and all additional expenses shall be to the seafarers account. The seafarer shall be entitled
to earned wages and basic wage calculated based on the original scheduled date of arrival at the point of hire. All
other liabilities of the company in this event shall cease at the time the seafarer is terminated. Any illness, injury or
death sustained by the seafarer, due to the above shall be considered non-work related and shall not be compensated.

G. A seafarer who requests for early termination of his contract shall be liable for his repatriation cost as well as the transportation
cost of his replacement. The employer may, in case of compassionate grounds, assume the transportation cost of the
seafarers replacement.

H. The seafarer shall report to the manning agency within 72 hours upon arrival at point of hire.

SECTION 20. COMPENSATION AND BENEFITS


A. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS

The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows:

1. The employer shall continue to pay the seafarer his wages during the time he is on board the ship;

2. If the injury or illness requires medical and/or dental treatment in a foreign port, the employer shall be liable for the
full cost of such medical, serious dental, surgical and hospital treatment as well as board and lodging until the
seafarer is declared fit to work or to be repatriated. However, if after repatriation, the seafarer still requires medical
attention arising from said injury or illness, he shall be so provided at cost to the employer until such time he is
declared fit or the degree of his disability has been established by the company-designated physician.

3. In addition to the above obligation of the employer to provide medical attention, the seafarer shall also receive
sickness allowance from his employer in an amount equivalent to his basic wage computed from the time he
signed off until he is declared fit to work or the degree of disability has been assessed by the company-designated
physician. The period within which the seafarer shall be entitled to his sickness allowance shall not exceed 120
days. Payment of the sickness allowance shall be made on a regular basis, but not less than once a month.

The seafarer shall be entitled to reimbursement of the cost of medicines prescribed by the company-designated
physician. In case treatment of the seafarer is on an out-patient basis as determined by the company-designated
physician, the company shall approve the appropriate mode of transportation and accommodation. The
reasonable cost of actual traveling expenses and/or accommodation shall be paid subject to liquidation and
submission of official receipts and/or proof of expenses.

For this purpose, the seafarer shall submit himself to a post-employment medical examination by a company-designated
physician within three working days upon his return except when he is physically incapacitated to do so, in which case, a
written notice to the agency within the same period is deemed as compliance. In the course of the treatment, the
seafarer shall also report regularly to the company-designated physician specifically on the dates as prescribed
by the company-designated physician and agreed to by the seafarer. Failure of the seafarer to comply with the
mandatory reporting requirement shall result in his forfeiture of the right to claim the above benefits.
If a doctor appointed by the seafarer disagrees with the assessment, a third doctor may be agreed jointly between the
Employer and the seafarer. The third doctors decision shall be final and binding on both parties.

4. Those illnesses not listed in Section 32 of this Contract are disputably presumed as work-related.

5. In case a seafarer is disembarked from the ship for medical reasons, the employer shall bear the full cost of repatriation
in the event the seafarer is declared (1) fit for repatriation; or (2) fit to work but the employer is unable to find employment
for the seafarer on board his former ship or another ship of the employer.

6. In case of permanent total or partial disability of the seafarer caused by either injury or illness the seafarer shall be
compensated in accordance with the schedule of benefits enumerated in Section 32 of his Contract. Computation of his
benefits arising from an illness or disease shall be governed by the rates and the rules of compensation applicable at the
time the illness or disease was contracted.

The disability shall be based solely on the disability gradings provided under Section 32 of this Contract, and shall
not be measured or determined by the number of days a seafarer is under treatment or the number of days in
which sickness allowance is paid.

7. It is understood and agreed that the benefits mentioned above shall be separate and distinct from, and will be in
addition to whatever benefits which the seafarer is entitled to under Philippine laws such as from the Social
Security System, Overseas Workers Welfare Administration, Employees Compensation Commission, Philippine
Health Insurance Corporation and Home Development Mutual Fund (Pag-IBIG Fund).

B. COMPENSATION AND BENEFITS FOR DEATH

1. In case of work-related death of the seafarer, during the term of his contract, the employer shall pay his beneficiaries the
Philippine currency equivalent to the amount of Fifty Thousand US dollars (US$50,000) and an additional amount of Seven
Thousand US dollars (US$7,000) to each child under the age of twenty-one (21) but not exceeding four (4) children, at the
exchange rate prevailing during the time of payment.

2. Where death is caused by warlike activity while sailing within a declared war zone or war risk area, the compensation
payable shall be doubled. The employer shall undertake appropriate war zone insurance coverage for this purpose.
3. It is understood and agreed that the benefits mentioned above shall be separate and distinct from, and will be in addition to
whatever benefits which the seafarer is entitled to under Philippine laws from the Social Security System, Overseas
Workers Welfare Administration, Employees Compensation Commission, Philippine Health Insurance Corporation and
Home Development Mutual Fund (Pag-IBIG Fund).

4. The other liabilities of the employer when the seafarer dies as a result of work-related injury or illness during the term of
employment are as follows:

a. The employer shall pay the deceaseds beneficiary all outstanding obligations due the seafarer under this Contract.

b. The employer shall transport the remains and personal effects of the seafarer to the Philippines at employers expense
except if the death occurred in a port where local government laws or regulations do not permit the transport of such
remains. In case death occurs at sea, the disposition of the remains shall be handled or dealt with in accordance with
the masters best judgment. In all cases, the employer/master shall communicate with the manning agency to advise for
disposition of seafarers remains.

c. The employer shall pay the beneficiaries of the seafarer the Philippine currency equivalent to the amount of One
Thousand US dollars (US$1,000) for burial expenses at the exchange rate prevailing during the time of payment.

C. It is understood that computation of the total permanent or partial disability of the seafarer caused by the injury sustained
resulting from warlike activities within the warzone area shall be based on the compensation rate payable within the warzone
area as prescribed in this Contract.

D. No compensation and benefits shall be payable in respect of any injury, incapacity, disability or death of the seafarer resulting
from his willful or criminal act or intentional breach of his duties, provided however, that the employer can prove that such injury,
incapacity, disability or death is directly attributable to the seafarer.

E. A seafarer who knowingly conceals a pre-existing illness or condition in the Pre-Employment Medical Examination
(PEME) shall be liable for misrepresentation and shall be disqualified from any compensation and benefits. This is
likewise a just cause for termination of employment and imposition of appropriate administrative sanctions.
F. When requested, the seafarer shall be furnished a copy of all pertinent medical reports or any records at no cost to the
seafarer.

G. The amounts paid to the seafarer due to accidental or natural death, or permanent total disablement by virtue of the
provisions of RA 8042 as amended by RA 10022 and its implementing rules and regulations shall form part of and
shall be deducted from the total amount that the seafarer is determined to be finally entitled to under this Contract.

H. Subsistence allowance benefit as provided in RA 8042, as amended by RA 10022. The principal/employer/company


shall grant to the seafarer who is involved in a case or litigation for the protection of his rights in a foreign country, a
subsistence allowance of at least One Hundred United States Dollars (US$100) per month for a maximum of six (6)
months.

I. Compassionate Visit as provided in RA 8042, as amended by RA 10022. When a seafarer is hospitalized and has
been confined for at least seven (7) consecutive days, he shall be entitled to a compassionate visit by one (1) family
member or a requested individual. The employer shall pay for the transportation cost of the family member or
requested individual to the major airport closest to the place of hospitalization of the seafarer. It is, however, the
responsibility of the family member or requested individual to meet all visa and travel document requirements;

J. The seafarer or his successor in interest acknowledges that payment for injury, illness, incapacity, disability or death and other
benefits of the seafarer under this contract and under RA 8042, as amended by RA 10022, shall cover all claims in relation with
or in the course of the seafarers employment, including but not limited to damages arising from the contract, tort, fault or
negligence under the laws of the Philippines or any other country.

SECTION 21. WAR AND WARLIKE OPERATIONS ALLOWANCE

A. The POEA shall be the sole authority to determine whether the ship is within a war risk trading area. It shall also
determine the amount of premium pay to which the seafarer shall be entitled to when sailing in that war-risk trading
area.

B. The seafarer when sailing within a war-risk trading area shall be entitled to such premium pay as the POEA may
determine through appropriate periodic issuances.
C. If at the time of the signing of the contract, an area is declared a war or war-risk trading area and the seafarer binds
himself in writing to sail into that area, the agreement shall be properly appended to the Contract for verification and
approval by the Philippine Overseas Employment Administration (POEA). The seafarer shall comply with the
agreement or shall bear his cost of repatriation when he opts not to sail into a war or war-risk trading area.

D. If a war or warlike operations should arise during the term of this Contract in any country within the ships trading
area, the seafarer may sail with the ship within and out of the trading area if required by the Master.

SECTION 22. TERMINATION DUE TO SHIPWRECK AND SHIPS FOUNDERING

Where the ship is wrecked necessitating the termination of employment before the date indicated in the contract, the seafarer shall
be entitled to earned wages, medical examination at employers expense to determine his fitness to work, repatriation at employers
cost and one month basic wage as termination pay.

In case of termination of employment of the seafarer before the expiration of the term of his contract due to shipwreck,
actual or constructive total loss or foundering of the ship, the seafarer shall be entitled to earned wages, medical
examination at employers expense to determine his fitness to work, repatriation at employers cost and one month basic
wage as termination pay.

SECTION 23. TERMINATION DUE TO SALE OF SHIP, LAY-UP OR DISCONTINUANCE OF VOYAGE

Where the ship is sold, laid up, or the voyage is discontinued necessitating the termination of employment before the date
indicated in the Contract, the seafarer shall be entitled to earned wages, repatriation at employers cost and one (1) month basic
wage as termination pay, unless arrangements have been made for the seafarer to join another ship belonging to the same
principal to complete his contract in which case the seafarer shall be entitled to basic wages until the date of joining the other ship.
SECTION 24. TERMINATION DUE TO UNSEAWORTHINESS

A. If the ship is declared unseaworthy by a classification society, port state or flag state, the seafarer shall not be forced to sail
with the ship.

B. If the ships unseaworthiness necessitates the termination of employment before the date indicated in the Contract, the
seafarer shall be entitled to earned wages, repatriation at cost to the employer and termination pay equivalent to one (1) month
basic wage.

SECTION 25. TERMINATION DUE TO REGULATION , CONTROL PROCEDURES OF THE 1978 STCW CONVENTION, AS
AMENDED

If the seafarer is terminated and/or repatriated as a result of port state control procedures/actions in compliance with Regulation
of the 1978 STCW Convention, as amended, his termination shall be considered valid. However, he shall be entitled to repatriation
and earned wages and benefits only.

SECTION 26. CHANGE OF PRINCIPAL

A. Where there is a change of Principal of the ship necessitating the pre-termination of employment of the seafarer; the seafarer
should be entitled to earned wages and repatriation at employers expense. He shall also be entitled to one (1) month basic pay
as termination pay.

B. In case arrangements have been made for the seafarer to directly join another ship of the same Principal to complete
his contract, he shall only be entitled to basic wage from the date of his disembarkation from his former ship until the
date of his joining the new ship.

SECTION 27. LOSS OF OR DAMAGE TO CREWS EFFECTS BY MARINE PERIL

A. The seafarer shall be reimbursed by the employer the full amount of loss or damage to his personal effects but in no case shall
the amount exceed the Philippine currency equivalent to the amount of Two Thousand US dollars (US$2,000) if his personal
effects are lost or damaged as a result of the wreck or loss or stranding or abandonment of the ship or as a result of fire,
flooding, collision or piracy.
B. In case of partial loss, the amount shall be determined by mutual agreement of both parties but in no case to exceed the
Philippine currency equivalent to the amount of Two Thousand US dollars (US$2,000).

C. Reimbursement for loss or damage to the seafarers personal effects shall not apply if such loss or damage is due to (a) the
seafarers own fault; (b) larceny or theft or (c) robbery.

D. Payment of any reimbursement shall be computed at the rate of exchange prevailing at the time of payment.

SECTION 28. GENERAL SAFETY

A. The seafarer shall observe and follow any regulation or restriction that the master may impose concerning safety, drug and
alcohol and environmental protection.

B. The seafarer shall make use of all appropriate safety equipment provided him and must ensure that he is suitably dressed from
the safety point of view for the job at hand.

SECTION 29. DISPUTE SETTLEMENT PROCEDURES

In cases of claims and disputes arising from this employment, the parties covered by a collective bargaining agreement shall submit
the claim or dispute to the original and exclusive jurisdiction of the voluntary arbitrator or panel of voluntary arbitrators. If the
parties are not covered by a collective bargaining agreement, the parties may at their option submit the claim or dispute to either
the original and exclusive jurisdiction of the National Labor Relations Commission (NLRC), pursuant to Republic Act (RA) 8042
otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995, as amended, or to the original and exclusive
jurisdiction of the voluntary arbitrator or panel of arbitrators. If there is no provision as to the voluntary arbitrators to be appointed
by the parties, the same shall be appointed from the accredited voluntary arbitrators of the National Conciliation and Mediation
Board of the Department of Labor and Employment.

The Philippine Overseas Employment Administration (POEA) shall exercise original and exclusive jurisdiction to hear and decide
disciplinary action on cases, which are administrative in character, involving or arising out of violations of recruitment laws, rules
and regulations involving employers, principals, contracting partners and Filipino seafarers.
SECTION 30. PRESCRIPTION OF ACTION

All claims arising from this contract shall be made within three (3) years from the date the cause of action arises, otherwise the
same shall be barred.

SECTION 31. APPLICABLE LAW

Any unresolved dispute, claim or grievance arising out of or in connection with this contract including the annexes thereof, shall be
governed by the laws of the Republic of the Philippines, international conventions, treaties and covenants to which the Philippines
is a signatory.

SECTION 32. SCHEDULE OF DISABILITY OR IMPEDIMENT FOR INJURIES SUFFERED AND DISEASES INCLUDING
OCCUPATIONAL DISEASES OR ILLNESS CONTRACTED.

HEAD
Traumatic head injuries that result to:
1. Apperture unfilled with bone not over three (3) inches without brain injury ---------------------------------------------------- Gr. 9
2. Unfilled with bone over three (3) inches without brain injury ---------------------------------------------------------------------- Gr. 3
3. Severe paralysis of both upper or lower extremities or one upper and one lower extremity ------------------------------ Gr. 1
4. Moderate paralysis of two (2) extremities producing moderate difficulty in movements with self-care activities ----- Gr. 10
5. Slight paralysis affecting one extremity producing slight difficulty with self-care activities --------------------------------- Gr. 10
6. Severe mental disorder or Severe Complex Cerebral function disturbance or post-traumatic psychoneurosis
which require regular aid and attendance as to render worker permanently unable to perform any work -------------- Gr. 1
7. Moderate mental disorder or moderate brain functional disturbance which limits worker to the activities of daily
living with some directed care or attendance ------------------------------------------------------------------------------------------- Gr. 6
8. Slight mental disorder or disturbance that requires little attendance or aid and which interferes to a slight degree
with the working capacity of the claimant ----------------------------------------------------------------------------------------------- Gr. 10
9. Incurable imbecility --------------------------------------------------------------------------------------------------------------------------- Gr. 1

FACE

1. Severe disfigurement of the face or head as to make the worker so repulsive as to greatly handicap him in
securing or retaining -------------------------------------------------------------------------------------------------------------------------- Gr. 2
2. Moderate facial disfigurement involving partial ablation of the nose with big scars on face or head --------------------- Gr. 5
3. Partial ablation of the nose or partial avulsion of the scalp ------------------------------------------------------------------------- Gr. 9
4. Complete loss of the power of mastication and speech function ----------------------------------------------------------------- Gr. 1
5. Moderate constriction of the jaw resulting in moderate degree of difficulty in chewing and moderate loss of the
power or the expression of speech ------------------------------------------------------------------------------------------------------ Gr. 6
6. Slight disorder of mastication and speech function due to traumatic injuries to jaw or cheek bone -------------------- Gr. 12

EYES
1. Blindness or total and permanent loss of vision of both eyes ---------------------------------------------------------------------- Gr. 1
2. Total blindness of one (1) eye and fifty percent (50%) loss of vision of the other eye --------------------------------------- Gr. 5
3. Loss of one eye or total blindness of one eye ------------------------------------------------------------------------------------------ Gr. 7
4. Fifty percent (50%) loss of vision of one eye ------------------------------------------------------------------------------------------- Gr. 10
5. Lagopthalmos, one eye --------------------------------------------------------------------------------------------------------------------- Gr. 12
6. Ectropion, one eye --------------------------------------------------------------------------------------------------------------------------- Gr. 12
7. Ephiphora, one eye -------------------------------------------------------------------------------------------------------------------------- Gr. 12
8. Ptosis, one eye ------------------------------------------------------------------------------------------------------------------------------- Gr. 12
Note: (Smellers Chart used to grade for near and distant vision).

NOSE AND MOUTH


1. Considerable stricture of the nose (both sides) hindering breathing ------------------------------------------------------------ Gr. 11
2. Loss of the sense of hearing in one ear ------------------------------------------------------------------------------------------------ Gr. 11
3. Injuries to the tongue (partial amputation or adhesion) or palate-causing defective speech ------------------------------ Gr. 10
4. Loss of the three (3) teeth restored by prosthesis ----------------------------------------------------------------------------------- Gr. 14

EARS
1. For the complete loss of the sense of hearing on both ears ----------------------------------------------------------------------- Gr. 3
2. Loss of two (2) external ears --------------------------------------------------------------------------------------------------------------- Gr. 8
3. Complete loss of the sense of hearing in one ear ------------------------------------------------------------------------------------ Gr. 11
4. Loss of one external ear -------------------------------------------------------------------------------------------------------------------- Gr. 12
5. Loss of one half (1/2) of an external ear ------------------------------------------------------------------------------------------------ Gr. 14

NECK
1. Such injury to the throat as necessitates the wearing of a tracheal tube -------------------------------------------------- Gr. 6
2. Loss of speech due to injury to the vocal cord ----------------------------------------------------------------------------------- Gr. 9
3. Total stiffness of neck due to fracture or dislocation of the cervical pines ------------------------------------------------ Gr. 8
4. Moderate stiffness or two thirds (2/3) loss of motion of the neck ----------------------------------------------------------- Gr. 10
5. Slight stiffness of the neck or one third (1/3) loss of motion ------------------------------------------------------------------ Gr. 12

CHEST-TRUNK-SPINE
1. Fracture of four (4) or more ribs resulting to severe limitation of chest ---------------------------------------------------------- Gr. 6
2. Fracture of four (4) or more ribs with intercostal neuralgia resulting in moderate limitation of chest expansion ------ Gr. 9
3. Slight limitation of chest expansion due to simple rib functional without myositis or intercostal neuralgia ------------ Gr. 12
4. Fracture of the dorsal or lumber spines resulting severe or total rigidity of the trunk or total loss of lifting power of
heavy objects --------------------------------------------------------------------------------------------------------------------------------- Gr. 6
5. Moderate rigidity or two thirds (2/3) loss of motion or lifting power of the trunk ---------------------------------------------- Gr. 8
6. Slight rigidity or one third (1/3) loss of motion or lifting power of the trunk ---- ----------------------------------------------- Gr. 11
7. Injury to the spinal cord as to make walking impossible without the aid of a pair of crutches ------------------------------ Gr. 4
8. Injury to the spinal cord as to make walking impossible even with the aid of a pair of crutches --------------------------- Gr. 1
9. Injury to the spinal cord resulting to incontinence of urine and feces ------------------------------------------------------------ Gr. 1

ABDOMEN
1. Loss of the spleen ----------------------------------------------------------------------------------------------------------------------- Gr. 8
2. Loss of one kidney ---------------------------------------------------------------------------------------------------------------------- Gr. 7
3. Severe residuals of impairment of intra-abdominal organs which requires regular aid and attendance that will
unable worker to seek any gainful employment ----------------------------------------------------------------------------------- Gr. 1
4. Moderate residuals of disorder of the intra-abdominal organs secondary to trauma resulting to impairment of Gr. 7
nutrition, moderate tenderness, nausea, vomiting, constipation or diarrhea -----------------------------------------------
5. Slight residuals or disorder of the intra-abdominal organs resulting in impairment of nutrition, slight tenderness
and/or constipation or diarrhea-------------------------------------------------------------------------------------------------------- Gr. 12
6. Inguinal hernia secondary to trauma or strain ------------------------------------------------------------------------------------ Gr. 12

PELVIS
1. Fracture of the pelvic rings as to totally incapacitate worker to work ------------------------------------------------------- Gr. 1
2. Fracture of the pelvic ring resulting to deformity and lameness -------------------------------------------------------------- Gr. 6

URINARY AND GENERATIVE ORGANS


1. Total loss of penis ----------------------------------------------------------------------------------------------------------------------- Gr. 7
2. Total loss of both testicles ------------------------------------------------------------------------------------------------------------- Gr. 7
3. Total loss of one testicle --------------------------------------------------------------------------------------------------------------- Gr. 11
4. Scars on the penis or destruction of the parts of the cavernous body or urethra interfering with erection or
markedly affecting coitus -------------------------------------------------------------------------------------------------------------- Gr. 9
5. Loss of one breast --------------------------------------------------------------------------------------------------------------------- Gr.11
6. Prolapse of the uterus ----------------------------------------------------------------------------------------------------------------- Gr. 13
7. Great difficulty in urinating ------------------------------------------------------------------------------------------------------------ Gr. 13
8. Incontinence of urine ------------------------------------------------------------------------------------------------------------------- Gr. 10

THUMBS AND FINGERS


1. Total loss of one thumb including metacarpal bone ------------------------------------------------------------------------------- Gr. 9
2. Total loss of one thumb ------------------------------------------------------------------------------------------------------------------- Gr. 10
3. Total loss of one index finger including metacarpal bone ------------------------------------------------------------------------ Gr. 10
4. Total loss of one index finger ------------------------------------------------------------------------------------------------------------ Gr. 11
5. Total loss of one middle finger including metacarpal bone ---------------------------------------------------------------------- Gr. 11
6. Total loss of one middle finger ---------------------------------------------------------------------------------------------------------- Gr. 12
7. Total loss of one ring finger including metacarpal bone -------------------------------------------------------------------------- Gr. 12
8. Total loss of one ring finger -------------------------------------------------------------------------------------------------------------- Gr. 13
9. Total loss of one small finger including metacarpal bone ------------------------------------------------------------------------ Gr. 13
10. Total loss of one small finger ------------------------------------------------------------------------------------------------------------ Gr. 14
11. Loss of two or more fingers. Compensation for the loss of use of two (2) or more fingers or one (1) or more
phalanges of two or more digits of a hand must be proportioned to the loss of the hand occasioned thereby but
shall not exceed the compensation for the loss of a hand:
a. Loss of five (5) fingers of one hand ----------------------------------------------------------------------------------------- Gr. 6
b. Loss of thumb, index fingers and any of 2 or more fingers of the same hand ------------------------------------- Gr. 6
c. Loss of the thumb, index finger and any one of the remaining fingers of the same hand ---------------------- Gr. 7
d. Loss of thumb and index finger ----------------------------------------------------------------------------------------------- Gr. 8
e. Loss of three (3) fingers of one hand not including thumb and index finger --------------------------------------- Gr. 9
f. Loss of the index finger and any one of the other fingers of the same hand excluding thumb ---------------- Gr. 9
g. Loss of two (2) digits of one hand not including thumb and index finger -------------------------------------------- Gr. 10
12. Loss of ten (10) fingers of both hands --------------------------------------------------------------------------------------------------- Gr. 3

HANDS
1. Total loss of use of both hands or amputation of both hands at wrist joints or above -------------------------------------- Gr. 1
2. Amputation of a hand at carpo-metacarpal joints ----------------------------------- Gr. 5
3. Amputation between wrist and elbow joint -------------------------------------------- Gr. 5
4. Loss of grasping power for small objects between the fold of the finger of one hand ------------------------------------- Gr. 10
5. Loss of grasping power for large objects between fingers and palm of one hand ------------------------------------------ Gr. 10
6. Loss of opposition between the thumb and tips of the fingers of one hand -------------------------------------------------- Gr. 9
7. Ankyclosed wrist in normal position ---------------------------------------------------------------------------------------------------- Gr. 10
8. Ankyclosed wrist in position one third (1/3) flexed or half extended and/or severe limited action of a wrist ------------ Gr. 11

SHOULDER AND ARM


1. Inability to turn forearm (forearm in normal position-supination) ----------------------------------------------------------------- Gr. 11
2. Inability to turn forearm ( forearm in abnormal position pronation) ----------------------------------------------------------- Gr. 10
3. Disturbance of the normal carrying angle or weakness of an arm or a forearm due to deformity of moderate
atrophy of muscles --------------------------------------------------------------------------------------------------------------------------- Gr. 11
4. Stiff elbow at full flexion or extension (one side) ------------------------------------------------------------------------------------ Gr. 7
5. Stiff elbow at right angle flexion ---------------------------------------------------------------------------------------------------------- Gr. 8
6. Flail elbow joint ------------------------------------------------------------------------------------------------------------------------------- Gr. 9
7. Pseudoarthrosis of the humerus with musculospiral or radial paralysis ------------------------------------------------------- Gr. 6
8. Ankylosis of one (1) shoulder, the shoulder blade remaining mobile ----------------------------------------------------------- Gr. 9
9. Ankylosis of one shoulder, the shoulder blade remaining rigid ------------------------------------------------------------------- Gr. 8
10. Unreduced dislocation of one (1) shoulder -------------------------------------------------------------------------------------------- Gr. 8
11. Ruptured biceps or pseudoarthrosis of the humerus, close (one side) --------------------------------------------------------- Gr. 11
12. Inability to raise arm more than halfway from horizontal to perpendicular ---------------------------------------------------- Gr. 11
13. Ankylosis of the shoulder joint not permitting arm to be raised above a level with a shoulder and/or irreducible
fracture or faulty union collar bone ------------------------------------------------------------------------------------------------------ Gr. 10
14. Total paralysis of both upper extremities ---------------------------------------------------------------------------------------------- Gr. 1
15. Total paralysis of one upper extremity ------------------------------------------------------------------------------------------------- Gr. 3
16. Amputation of one (1) upper extremity at or above the elbow ------------------------------------------------------------------- Gr. 4
17. Scar the size of the palm in one extremity -------------------------------------------------------------------------------------------- Gr. 14

LOWER EXTREMITIES
1. Loss of a big toe ----------------------------------------------------------------------------------------------------------------------------- Gr. 12
2. Loss of a toe other than the big one ---------------------------------------------------------------------------------------------------- Gr. 14
3. Loss of ten (10) digits of both feet ------------------------------------------------------------------------------------------------------ Gr. 5
4. Loss of a great toe of one foot + one toe --------------------------------------------------------------------------------------------- Gr. 10
5. Loss of two toes not including great toe or next to it ------------------------------------------------------------------------------- Gr. 12
6. Loss of three (3) toes excluding great toe of a foot -------------------------------------------------------------------------------- Gr. 10
7. Loss of four (4) excluding great toe of a foot ---------------------------------------------------------------------------------------- Gr. 9
8. Loss of great toe and two (2) other toes of the same foot ----------------------------------------------------------------------- Gr. 9
9. Loss of five digits of a foot ---------------------------------------------------------------------------------------------------------------- Gr. 8
10. Loss of both feet at ankle joint or above ---------------------------------------------------------------------------------------------- Gr. 1
11. Loss of one foot at ankle joint or above ----------------------------------------------------------------------------------------------- Gr. 6
12. Depression of the arch of a foot resulting in weak foot ---------------------------------------------------------------------------- Gr. 12
13. Loss of one half (1/2) metatarsus of one (1) foot ----------------------------------------------------------------------------------- Gr. 8
14. Loss of whole metatarsus or forepart of foot ---------------------------------------------------------------------------------------- Gr. 7
15. Tearing of achilles tendon resulting in the impairment of active flexion and extension of a foot -------------------------- Gr. 12
16. Malleolar fracture with displacement of the foot inward or outward --------------------------------------------------------------- Gr. 10
17. Complete immobility of an ankle joint in abnormal position ------------------------------------------------------------------------ Gr. 10
18. Complete immobility of an ankle joint in normal position --------------------------------------------------------------------------- Gr. 11
19. Total loss of a leg or amputation at or above the knee ----------------------------------------------------------------------------- Gr. 3
20. Stretching leg of the ligaments of a knee resulting in instability of the joint ---------------------------------------------------- Gr. 10
21. Ankylosis of a knee in genuvalgum of varum ----------------------------------------------------------------------------------------- Gr. 10
22. Pseudoarthrosis of a knee cap ----------------------------------------------------------------------------------------------------------- Gr. 10
23. Complete immobility of a knee joint in full extension ------------------------------------------------------------------------------- Gr. 10
24. Complete immobility of a knee joint in strong flexion ------------------------------------------------------------------------------- Gr. 7
25. Complete immobility of a hip joint in flexion of the thigh --------------------------------------------------------------------------- Gr. 5
26. Complete immobility of a hip joint in full extension of the thigh ----------------------------------------------------------------- Gr. 9
27. Slight atrophy of calf of leg muscles without apparent shortening or joint lesion or disturbance of
weight-bearing line ----------------------------------------------------------------------------------------------------------------------- Gr. 13
28. Shortening of a lower extremity from one to three centimeters with either joint lesion or disturbance
of weight-bearing joint ------------------------------------------------------------------------------------------------------------------- Gr. 13
29. Shortening of 3 to 6 cm with slight atrophy of calf or thigh muscles ------------------------------------------------------------ Gr. 12
30. Shortening of 3 to 6 cm with either joint lesion or disturbance of weight- bearing joint ------------------------------------- Gr. 11
31. Irregular union of fracture with joint stiffness and with shortening of 6 to 9 cm producing permanent lameness ------ Gr. 9
32. Irregular union of fracture in a thigh or leg with shortening of 6 to 9 cms -------------------------------------------------------- Gr. 10
33. Failure of fracture of both hips to unite --------------------------------------------------------------------------------------------------- Gr. 1
34. Failure of fracture of a hip to unite -------------------------------------------------------------------------------------------------------- Gr. 3
35. Paralysis of both lower extremities ------------------------------------------------------------------------------------------------------- Gr. 1
36. Paralysis of one lower extremity ---------------------------------------------------------------------------------------------------------- Gr. 3
37. Scar the size of a palm or larger left on an extremity ------------------------------------------------------------------------------- Gr. 14
NOTE: Any item in the schedule classified under Grade 1 shall be considered or shall constitute total and permanent disability.

SCHEDULE OF DISBILITY ALLOWANCES

IMPEDIMENT GRADE IMPEDIMENT


1 US$ 50,000 X 120.00%
2 X 88.81%
3 X 78.36%
4 X 68.66%
5 X 58.96%
6 X 50.00%
7 X 41.80%
8 X 33.59%
9 X 26.12%
10 X 20.15%
11 X 14.93%
12 X 10.45%
13 X 6.72%
14 X 3.74%

To be paid in Philippine Currency equivalent at the exchange rate prevailing during the time of payment.

SECTION 32 A. OCCUPATIONAL DISEASES

For an occupational disease and the resulting disability or death to be compensable, all of the following conditions must be
satisfied:

1. The seafarers work must involve the risks described herein;


2. The disease was contracted as a result of the seafarers exposure to the described risks;
3. The disease was contracted within a period of exposure and under such other factors necessary to contract it; and
4. There was no notorious negligence on the part of the seafarer.
The following diseases are considered as occupational when contracted under working conditions involving the risks described
herein:

OCCUPATIONAL DISEASE NATURE OF EMPLOYMENT


1. Cancer of the epithelial of the Work involving exposure to alphanapthyylamine, beta-
bladder (Papilloma of the naphathylamin, or benzidine of any part of the salts; and auramine or
bladder magenta
2. Cancer, epithellomatous or ulceration of the The use or handling of, exposure to tar, pitch, bitumen, mineral oil
skin or of the corneal surface of the eye due to (including paraffin) soot or any compound product or residue of
tar, pitch, bitumen, mineral oil or paraffin, or any of these substances
compound product or residue of these
substances
3. Deafness severe profound hearing loss in an Any industrial operation having excessive noise particularly in the
occupation where employee is exposed to higher frequencies
prolonged, significant noise and vibration in
his line of work
4. Decompression sickness
a. Caissons disease Any process carried on in compressed or rarefied air.

b. Aeroembolism Any process carried on in rarefied air


5. Dermatitis due to irritants and sensitizers The use or handling of chemical agents which are
skin irritants and sensitizers
6. Infections Work in connection with animals infected with anthrax, handling of
Pneumonia animal carcasses or parts of such carcasses, including hides, hoofs,
Bronchitis and horns
Sinusitis
Pulmonary TB
Anthrax
Cellulitis
Conjunctivitis (Bacterial and Viral)
Norwalk Virus Hepatitis A*, Norwalk, Salmonella
Salmonella
Leptospirosis
Malaria
Otitis Media
Tetanus
Viral Encephalitis

Including other infections resulting in


complications necessitating repatriation.
7. Ionizing radiation disease, inflammation, Exposure to x-rays, ionizing particles of radium or other radioactive
ulceration or malignant disease of the skin or substances or other forms of radiant energy
subcutaneous tissues of the bones or leukemia,
or anemia of the aplastic type due to x-rays,
ionizing particle, radium or other radioactive
substances

a. Acute radiation syndrome Short duration of exposure to large doses of x-rays, gamma rays,
alpha rays and beta rays

b. Chronic radiation syndrome Chronic over-exposure to x-rays with a long latent period affecting
the skin, blood and reproductive organ

c. Glass Blowers cataract Among furnace men, glass blowers, baker, blacksmith, foundry
workers. These are workers exposed to infrared rays.
8. Poisoning and its sequelae
caused by:
a. Ammonia All work involving exposure to the risk concerned
b. Arsenic or its toxic compound All work involving exposure to the risk concerned
c. Benzene or its toxic homologues; nitro All work involving exposure to the risk concerned
and aminotoxic derivatives
d. Beryllium or its toxic compounds All work involving exposure to the risk concerned
e. Brass, zinc or nickel All work involving exposure to the risk concerned
f. Carbon dioxide All work involving exposure to the risk concerned
g. Carbon bisulfide All work involving exposure to the risk concerned
h. Carbon monoxide All work involving exposure to the risk concerned
i. Chlorine All work involving exposure to the risk concerned
j. Chrome or its toxic compounds All work involving exposure to the risk concerned
k. Dinitrophenol or its homologue All work involving exposure to the risk concerned
l. Halogen derivatives of hydrocarbon of the All work involving exposure to the risk concerned
aliphatic series
m. Lead or its toxic compounds All work involving exposure to the risk concerned
n. Manganese or its toxic compounds All work involving exposure to the risk concerned
o. Mercury or its toxic compounds All work involving exposure to the risk concerned
p. Nitrous fumes All work involving exposure to the risk concerned
q. Phosgene All work involving exposure to the risk concerned
r. Phosphorous or its toxic compounds All work involving exposure to the risk concerned
s. Sulfur dioxide All work involving exposure to the risk concerned

9. Vascular disturbance in the upper extremities Any occupation causing repeated motions, vibrations and pressure
due to continuous vibration from pneumatic of upper extremities
tools or power drills, riveting machines or
hammers
10. Vascular disturbance in the lower extremities This is due to heavy straining upon the lifting of heavy loads and
varicocoele causing pain, varicose veins prolonged standing
resulting in discoloration and ulceration. Any occupation requiring prolonged standing and lifting of heavy
loads
11. Cardio-vascular events to include heart
attack, chest pain (angina), heart failure or
sudden death. Any of the following conditions
must be met:

a. If the heart disease was known to have been a. if a person who was apparently asymptomatic before working
present during employment, there must be proof showed signs and symptoms of cardiac injury during the
that an acute exacerbation was clearly performance of his/her work and such symptoms and signs
precipitated by an unusual strain by reasons of persisted, it is reasonable to claim a causal relationship
the nature of his work

b. the strain of work that brings about an acute b. if a person is a known hypertensive or diabetic, he should show
attack must be compliance with prescribed maintenance medications and doctor-
sufficient severity and must be followed within recommended lifestyle changes. The employer shall provide a
24 hours by the workplace conducive for such compliance in accordance with
clinical signs of a cardiac insult to constitute Section 1(A) paragraph 6.
causal relationship

c. If a person who was apparently asymptomatic c. in a patient not known to have hypertension or diabetes as
before being subjected to strain at work showed indicated on his last PEME
signs and symptoms of cardiac injury during the
performance of his work and such symptoms
and signs persisted, it is reasonable to claim a
causal relationship

d. if a person is a known hypertensive or


diabetic, he should show compliance with
prescribed maintenance medications and doctor-
recommended lifestyle changes. The employer
shall provide a workplace conducive for such
compliance in accordance with Section 1(A)
paragraph 5.

e. in a patient not known to have hypertension


or diabetes, as indicated on his last PEME
12. Cerebro-vascular events
All of the following conditions must be met:

a. If the heart disease was known to have been a. if a person who was apparently asymptomatic before working
present during employment, there must be proof showed signs and symptoms of cardiac injury during the
that an acute exacerbation was clearly performance of his/her work and such symptoms and signs
precipitated by an unusual strain by reasons of persisted, it is reasonable to claim a causal relationship
the nature
of his work

b. the strain of work that brings about an acute b. if a person is a known hypertensive or diabetic, he should show
attack must be sufficient severity and must be compliance with prescribed maintenance medications and doctor-
followed within 24 hours by the clinical signs of a recommended lifestyle changes. The employer shall provide a
cardiac insult to constitute causal relationship workplace conducive for such compliance in accordance with
Section 1(A) paragraph 5.

c. If a person who was apparently asymptomatic c. in a patient not known to have hypertension or diabetes as
before being subjected to strain at work showed indicated on his last PEME
signs and symptoms of cardiac injury during the
performance of his work and such symptoms
and signs persisted, it is reasonable to claim a
causal relationship

d. if a person is a known hypertensive or


diabetic, he should show compliance with
prescribed maintenance medications and doctor-
recommended lifestyle changes. The employer
shall provide a workplace conducive for such
compliance in accordance with Section 1(A)
paragraph 5.

e. in a patient not known to have hypertension


or diabetes, as indicated on his last PEME
13. END ORGAN DAMAGE RESULTING FROM
UNCONTROLLED HYPERTENSION

Impairment of function of the organs such as


kidneys, heart, eyes and brain under the
following conditions considered compensable:

a. if a person is a known hypertensive or a. if a person who was apparently asymptomatic before working
diabetic, he should show compliance with showed signs and symptoms of cardiac injury during the
prescribed maintenance medications and doctor- performance of his/her work and such symptoms and signs
recommended lifestyle changes. The employer persisted, it is reasonable to claim a causal relationship
shall provide a workplace conducive for such
compliance in accordance with Section 1(A)
paragraph

b. In a patient not known to have hypertension b. if a person is a known hypertensive or diabetic, he should show
has the following on his last PEME: normal BP, compliance with prescribed maintenance medications and doctor-
normal CXR and ECG/treadmill recommended lifestyle changes. The employer shall provide a
workplace conducive for such compliance in accordance with
Section 1(A) paragraph 6.
14. Cataract and pterygium Caused by prolonged exposure to UV light or welding, wind abrasion
and sea breeze
15. Poisoning by cadmium Among workers in battery factories, who are exposed to cadmium
fumes
16. Acute myeloid leukemia Secondary to prolonged benzene exposure

17. Chronic lymphocytic leukemia Secondary to prolonged benzene exposure

18. Vitreal hemorrhage and retinal detachment Caused by the strain upon lifting of heavy loads
19. Hernia. All of the following conditions must be met:
a. The hernia should be of recent origin;

b. Its appearance was accompanied by pain, discoloration and evidence of a tearing of the tissues;

c. The disease was immediately preceded by undue or severe strain arising out of and in the course of employment;

A protrusion of mass should appear in the area immediately following the alleged strain.
20. Bronchial Asthma all of the following conditions must be met:

a. there is no evidence or history of asthma before employment

b. the allergen is present in the working conditions

c. sensitivity test to allergens in the working environment should yield positive results

d. a provocative test should show positive results


21. Osteoarthritis. Any occupation involving:

a. Joint strain from carrying heavy loads, or unduly heavy physical labor, as among laborers and mechanics;

b. Minor or major injuries to the joint;

c. Excessive use or constant strenuous usage of a particular joint, as among sportsmen, particularly those who have engaged in the more
active sports activities;

d. Extreme temperature changes (humidity, heat and cold exposures) and;

e. Faulty work posture or use of vibratory tools


22. Peptic Ulcer
Any occupation involving prolonged emotional or physical stress, as among professional people, transport workers and the like.
23. Viral hepatitis
In addition to working conditions already listed under Philippine Decree No. 626, as amended, any occupation involving exposure to a
source of infection through ingestion of water, milk or other foods contaminated with hepatitis virus; provided that the physician
determining the causal relationship between the employment and the illness should be able to indicate whether the disease of the afflicted
worker manifested itself while he was so employed, knowing the incubation period thereof.
24. Asbestosis. All of the following conditions must be met:
a. The seafarer must have been exposed to Asbestos dust in the work place, as duly certified to by the employer, or by a medical
institution, or competent medical practitioner acceptable to or accredited by the System;

b. The chest X-ray report of the employee must show findings of asbestos or asbestos-related disease, e.g. pleural plaques, pleural
thickening, effusion, neoplasm and interstitial fibrosis; and

c. In case of ailment is discovered after the seafarers retirement/separation from the company, the
claim must be filed with the System within three (3) years from discovery.

NOTE: Death or disability which is directly caused by sexually transmitted disease or arose from complications thereof shall not be
compensable nor shall be entitled to the benefits provided in this Contract.

SECTION 33. TABLE OF OFFENSES AND CORRESPONDING ADMINISTRATIVE PENALTIES

A. Pursuant to Section 17 and 18 of the Contract, the disciplinary grounds listed in the Table ofOffenses and Administrative Penalties
hereunder or analogous acts thereto shall be penalizedaccording to its gravity and frequency of commission, imposed by the Master of
the ship. Such offenses shall be penalized as indicated.

B. Commission of a seafarer of any of the offenses enumerated in the Table of Offenses and Administrative Penalties hereunder or of
similar offenses shall be ground for disciplinaryadministrative action at the POEA where the following corresponding penalty shall be
imposed.

C. The penalties for administrative actions by the Master and/or the POEA provided herein shall be separate and distinct from whatever
appropriate criminal action that may be filed against the seafarer.

OFFENSES AGREED AGREED


ADMINISTRATIVE PENALTIES ADMINISTRATIVE PENALTIES
(IMPOSED BY THE MASTER) (IMPOSED BY POEA AFTER DUE
INVESTIGATION)
1. Smuggling or violation of any custom rules
and regulations of the Philippines and of foreign
ports

a. smuggling any taxable item Dismissal and to pay cost of repatriation 1st Offense One (1) year to two (2)
and cost of his replacement years suspension
2nd Offense Two (2) years and one (1) day
suspension to delisting
Dismissal and to pay cost of repatriation
b. possession or use of prohibited and cost of his replacement 1st Offense: Delisting
drugs, narcotics and other
contraband Dismissal and to pay cost of repatriation
and cost of his replacement
c. gun-running or possession of 1st Offense: Delisting
explosives and the like Dismissal and to pay cost of repatriation
and cost of his replacement

d. abetting or conniving with 1st Offense: Two (2) years to three


others to commit smuggling (3) years suspension
Dismissal and to pay cost of repatriation 2nd Offense: Three (3) years and
and cost of his replacement one (1) day suspension to
delisting

e. misdeclaration of or failing to 1st Offense: Reprimand and 1st Offense: One (1) year to two (2)
declare articles leading to their warning years suspension
seizure and fine to ship 2nd Offense: Dismissal and to 2nd Offense: Two (2) years and one
pay cost of repatriation and (1) day suspension to delisting
cost of his replacement
f. misdeclaration of or failing to 1st Offense: One (1) year to two (2)
declare articles leading to their years suspension
seizure but ship not implicated 2nd Offense: Two (2) years and one
Dismissal and to pay cost of repatriation (1) day to three (3) years
and cost of his replacement suspension
3rd Offense: Three (3) years and one
(1) day suspension to delisting
Dismissal and to pay cost of repatriation
g. possession of and cost of his replacement 1st Offense: One (1) year to two (2
pornographic materials years suspension
leading to its seizure and 2nd Offense: Two (2) years and one
fine to ship 1st Offense: Reprimand and (1) day suspension to delisting
warning
h. possession of child 2nd Offense: Dismissal and to 1st Offense: One (1) year to two (2
pornography materials pay cost of repatriation and years suspension
leading to its seizure and cost of his replacement 2nd Offense: Two (2) years and one
fine to ship (1) day suspension to delisting
Dismissal and to pay cost of repatriation
i. Any other violation which will and cost of his replacement 1st Offense: One (1) year to two (2)
not implicate ship years suspension
2nd Offense: Two (2) years and one
(1) day suspension to delisting

j. Any other violation which will 1st Offense: Three years


implicate the ship suspension to delisting

2. Desertion

a. deserting or attempting to Dismissal and to pay cost of repatriation 1st Offense: Delisting
desert and cost of his replacement

Dismissal and to pay cost of repatriation


b. advising, assisting or and cost of his replacement 1st Offense: Five (5) years
persuading another to desert suspension to delisting

3. Absence without leave

a. abandoning post or duty


without being properly relieved Dismissal and to pay cost of repatriation 1st Offense: One (1) year to two (2)
and cost of his replacement years suspension
2nd Offense: Two years (2) and one
(1) day suspension to delisting
Dismissal and to pay cost of repatriation
b. leaving the ship without and cost of his replacement 1st Offense: One (1) year to two (2)
permission from responsible years suspension
officers during working hours 2nd Offense: Two years (2) and one
Masters discretion (grave or less grave, (1) day suspension to delisting
depending on circumstances)
c. Entrusting to others assigned 1st Offense: Six (6) months to one
duties without authority of (1) year suspension from
department head participation in the overseas
employment program
2nd Offense: One (1)year and one (1)
day to two (2) years suspension
3rd Offense: Two (2) years and one
Masters discretion (grave or less grave, (1) day suspension to delisting
depending on circumstances)
d. Leaving the ship without 1st Offense: Six (6) months to one
permission (1) year suspension from
participation in the overseas
employment program
nd
2 Offense: One (1)year and one (1)
day to two (2) years suspension
3rd Offense: Two (2) years and one
(1) day suspension to delisting

4. Sleeping on post while on duty Dismissal and to pay cost of repatriation 1st Offense: One (1) year to two (2)
and cost of his replacement years suspension
2nd Offense: Two (2) years and one
day suspension to delisting
5. Insubordination

a. any act of disobedience to Dismissal and to pay cost of repatriation 1st Offense: One (1) year to two (2)
lawful orders of a superior and cost of his replacement years suspension
officer 2nd Offense: Two (2) years and one
day suspension to delisting
Dismissal and to pay cost of repatriation
b. attempting to assault a and cost of his replacement 1st Offense: Six (6) months to one
superior officer (1) year suspension from
participation in the overseas
employment program
2nd Offense: One (1) year and one
(1) day to two (2) years
suspension
3rd Offense: Two (2) years and one
(1) day suspension to delisting
from the POEA Registry
Dismissal and to pay cost of repatriation
and cost of his replacement
c. assaulting a superior . 1st Offense: One (1) year to two (2)
officer/other persons on years suspension
business with the ship without Dismissal and to pay cost of repatriation 2nd Offense: Two (2) years and one
the use of deadly weapon and cost of his replacement day suspension to delisting
d. assaulting a superior 1st Offense: Delisting
officer/other persons on Dismissal and to pay cost of repatriation
business with the ship with and cost of his replacement
the use of deadly weapon

e. behaving with disrespect 1st Offense: Six (6) months to one


towards a superior officer (1) year suspension
2nd Offense: One (1) year and one
(1) day to three (3) years
Dismissal and to pay cost of repatriation suspension
and cost of his replacement 3rd Offense: Three (3) years and one
(1) day suspension to delisting

f. insulting a superior officer by 1st Offense: Six (6) months to one


words or deed (1) year suspension
Dismissal and to pay cost of repatriation 2nd Offense: One (1) year and one
and cost of his replacement (1) day to three (3) years
suspension
3rd Offense: Three (3) years and one
(1) day suspension to delisting

g. inciting another to commit 1st Offense: Six (6) months to one


insubordination (1) year suspension
2nd Offense: One (1) year and one
(1) day to three (3) years
suspension
3rd Offense: Three (3) years and one
(1) day suspension to delisting
6. Drunkenness

a. drunk while on duty Dismissal and to pay cost of repatriation 1st Offense: Two (2) years to three
and cost of his replacement (3) years suspension
2nd Offense: Two (2) years and one
(1) day suspension to delisting
1st Offense: Reprimand and
b. creating trouble on board due warning 1st Offense: Six (6) months to one
to intoxication 2nd Offense: Dismissal and to (1) year suspension
pay cost of repatriation and 2nd Offense: One (1) year and one
cost of his replacement (1) day to three years suspension
3rd Offense: Three (3) years and one
(1) day suspension to delisting
1st Offense: Reprimand and
c. failure to perform assigned warning 1st Offense: Six (6) months to one
jobs due to intoxication 2nd Offense: Dismissal and to (1) year suspension
pay cost of repatriation and 2nd Offense: One (1) year and one
cost of his replacement (1) day to three years suspension
3rd Offense: Three (3) years and one
(1) day suspension to delisting
7. Creating trouble outside the 1st Offense: Reprimand and 1st Offense: Six (6) months to one
ships premises warning (1) year suspension
2nd Offense: Dismissal and to 2nd Offense: One (1) year and one
pay cost of repatriation and (1) day to three years suspension
cost of his replacement 3rd Offense: Three (3) years and one
(1) day suspension to delisting
8. Gambling

a. which results in fighting or any Dismissal and to pay cost of repatriation 1st Offense: One (1) year to two (2)
incident as to upset the and cost of his replacement years suspension
harmonious relationship on 2nd Offense: Two (2) years and one
board the ship (1) day suspension to delisting

Masters discretion (grave or less grave,


b. any other form of gambling depending on circumstances) 1st Offense: Six (6) months to one
which is not purely (1) year suspension
recreational 2nd Offense: One (1) year and one
(1) day to three years suspension
3rd Offense: Three (3) years and one
(1) day suspension to delisting
9. Violation of company policies and
Regulations for:

a. pilferage or theft of ships store Dismissal and to pay cost of repatriation and
or cargo cost of his replacement
1st Offense: One (1) year to two (2) years
suspension
2nd Offense: Two (2) years and one (1) day
suspension to delisting
Dismissal and to pay cost of repatriation
b. pilferage or theft of ships and cost of his replacement
property, of crews or
1st Offense: One (1) year to two (2) years
passengers or other persons
suspension
with business at the ship.
Dismissal and to pay cost of repatriation and 2nd Offense: Two (2) years and one (1) day
cost of his replacement suspension to delisting
c. embezzlement of company
funds
1st Offense: One (1) year to two (2) years
suspension
Dismissal and to pay cost of
2nd Offense: Two (2) years and one (1) day
repatriation and cost of his replacement
suspension to delisting
d. unauthorized disposal of
company ships properties 1st Offense: One (1) year to two (2) years
for personal gain Dismissal and to pay cost of repatriation suspension
and cost of his replacement
2nd Offense: Two (2) years and one (1) day
suspension to delisting
e. any act of dishonesty with
intention to defraud the Dismissal and to pay cost of repatriation 1st Offense: One (1) year to two (2) years
company and cost of his replacement suspension
2nd Offense: Two (2) years and one (1) day
suspension to delisting
f. gross negligence and failure Masters discretion (grave or less grave,
to observe proper storage and depending on circumstancdes)
1st Offense: One (1) year to two (2) years
cargo handling procedures
suspension
resulting in delay of ships
and/or damage to cargoes 2nd Offense: Two (2) years and one (1) day
suspension to delisting
g. failure to observe and comply
with regulation and non-
baggage shipment and 1st Offense: Six (6) months to one (1) year
acceptance of parcels on 1st Offense: Reprimand and warning suspension from participation in the overseas
board 2nd Offense: Dismissal and to pay cost of employment program
repatriation and cost of his replacement
2nd Offense: One (1) year and one (1) day to two
(2) years suspension
3rd Offense: Two(2) years and one (1) day
h. failure to observe suspension to delisting
regulations on expiration of
shore liberty
Dismissal and to pay cost of repatriation and 1st Offense: Six (6) months to one (1) year
cost of replacement suspension from participation in the overseas
employment program
2nd Offense: One (1) year and one (1) day to two
(2) years suspension
3rd Offense: Two(2) years and one (1) day
i. being left behind by ship in suspension to delisting
foreign port without justifiable
reason
Dismissal and to pay cost of repatriation and 1st Offense: Six (6) months to one (1) year
cost of replacement suspension from participation in the overseas
employment program
2nd Offense: One (1) year and one (1) day to two
(2) years suspension
3rd Offense: Two(2) years and one (1) day
j. disorderly conduct and/or Dismissal and to pay cost of repatriation and suspension to delisting
disrespect towards cost of replacement
passengers or other persons
1st Offense: One (1) year to two (2) years
suspension
2nd Offense: Two (2) years and one (1) day
k. for immorality so as to cast Dismissal and to pay cost of repatriation and
suspension to delisting
aspersion on the good name of cost of his replacement
the ship and company
1st Offense: One (1) year to two (2) years
suspension
2nd Offense: Two (2) years and one (1) day
l. inflicting harm or injury to suspension to delisting
others

1st Offense: One (1) year to two (2) years


suspension
2nd Offense: Two (2) years and one (1) day
suspension to delisting

10. Incompetence and inefficiency Dismissal and to pay cost of repatriation and 1ST Offense: Two (2) years to three (3) years
cost of his suspension
replacement 2nd Offense: Three (3) years and one (2) day
suspension to delisting
11. Inciting mutiny, malicious Dismissal and to pay cost of repatriation and 1ST Offense: Two (2) years to three (3) years
destruction of ships property at cost of his replacement suspension
any activity which will hamper 2nd Offense: Three (3) years and one (2) day
the efficient operation of the ship suspension to delisting
12. Concerted action to breach Dismissal and to pay cost of repatriation and 1ST Offense: Two (2) years to three (3) years
approved contracts cost of his replacement suspension
2nd Offense: Three (3) years and one (2) day
suspension to delisting
13. Any activity which tends to Dismissal and to pay cost of repatriation and 1st Offense: One (1) year to two (2) years
destroy harmonious relationship cost of his replacement suspension
of the company 2nd Offense: Two (2) years and one (1) day
suspension to delisting
14. Grave abuse of authority

a. grave abuse of authority (with Dismissal and to pay cost of repatriation and Delisting from POEA registry
the use of deadly weapon) cost of his replacement
resulting in harm or injury to
subordinate
Dismissal and to pay cost of repatriation and
b. grave abuse of authority cost of his replacement 1st Offense: Two 92) years to three (3) years
(without the use of deadly suspension
weapon) resulting in harm or 2nd Offense: Two (2) years and one (1) day
injury to subordinate Masters discretion (grave or less grave, suspension to delisting
depending on circumstances)
d. any other case of abuse of 1st Offense: One (1) year to two (2) years
authority suspension
2nd Offense: Two (2) years and one (1) day to
three (3) years suspension
3rd Offense: Three (3) years and one (1) day
suspension to delisting
15. For gross misbehavior prejudicial 1st offense: Reprimand and warning 1st Offense: One (1) year to two (2) years
to good order and discipline 2nd offense: Dismissal and to pay cost of suspension
repatriation and cost of his replacement 2nd Offense: Two (2) years and one (1) day
suspension to delisting
16. Causing through neglect, Masters discretion (grave or less grave, 1st Offense: One (1) year to two (2) years
damage loss, spoilage or depending on circumstances) suspension
deterioration of ships stocks and 2nd Offense: Two (2) years and one (1) day
property suspension to delisting

17. Connivance with or cuddling of Dismissal and to pay cost of repatriation and 1st Offense: One (1) year to two (2) years
stowaway cost of his replacement suspension
2nd Offense: Two (2) years and one (1) day
suspension to delisting
18. Willfully making false Dismissal and to pay cost of repatriation and 1st Offense: One (1) year to two (2) years
statement, reports, certification cost of his replacement suspension
or documents for personal gain 2nd Offense: Two (2) years and one (1) day
or with intent to mislead or suspension to delisting
defraud the company or
authorities
19. Any other case as to cast Masters discretion (grave or less grave, 1st Offense: One (1) year to two (2) years
aspersion on the good name of depending on circumstances) suspension
the company and ship 2nd Offense: Two (2) years and one (1) day
suspension to delisting
20. Violation to observe safety and Masters discretion (grave or less grave, 1st Offense: One (1) year to two (2) years
environmental rules/ regulations depending on circumstances) suspension
2nd Offense: Two (2) years and one (1) day
suspension to delisting
21. Failure to observe the drug and Dismissal and to pay cost of repatriation and 1st Offense: One (1) year to two (2) years
alcohol policy of the company cost of his replacement suspension
2nd Offense: Two (2) years and one (1) day
suspension to delisting

This contract is pursuant to Governing Board Resolution No. 09 and POEA Memorandum Circular No. 10, both series of 2010

________________________________ ________________________________
SEAFARER EMPLOYER

DATE: POEA APPROVAL

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