A special information and resources page for Philippine employment regulations has been established on the UK Club website this week as further developments on the employment of Filipino seafarers have arisen.
A series of amendments and additions to the Philippines Overseas Employment Administration Standard Employment Contract (POEA SEC) have recently been circulated by the Filipino Association for Mariners' Employment (FAME).
These changes will not be retrospective and so not affect seafarers employed under the current POEA SEC. The POEA Governing Board will issue a corresponding resolution and memorandum circular which will fix the date when these changes come into effect and enable them to come into force.
The published changes mentioned above can be found in the Philippine employment regulations page (see link below) together with previously published circulars and other information on the regulations, including an overview of recent changes.
The compulsory insurance provisions of the amended Migrant Workers and Overseas Filipinos Act of 1995 are anticipated to come into full force by the end of this October.
Although Philippine government agencies have finalised the necessary rules, regulations and guidelines the provisions await the Philippine Overseas Employment Administration (POEA) to issue a Governing Board Resolution (GBR) and Memorandum Circular (MC). These are expected to be in force by the third or fourth week of October.
The International Chamber of Shipping reports that there are currently around 1.2 million seafarers actively serving on vessels in the world merchant fleet. Given the financial exposure that crew claims pose for Members; Amanda Hastings, Claims Executive for the People Claims team looks at one element of crew illness claims - work-related disease. Looking at the key contractual provisions for work-related illness under the Philippines Overseas Employment Agency Standard Employment Contract (POEA SEC), the challenges posed by contracts which fall silent on definitions of work-related illness and advice to Members on mitigating liability in these types of claim.
A new law, aimed at protecting seafarers and their families from the unscrupulous practices of "ambulance chasing" lawyers, was signed by President Aquino on 26th November 2015.
Philippine Supreme Court decides that a seafarer’s heirs are entitled to death benefits for work related illness even if death occurs after the term of his employment contract.
