Blacklisting as an industry retaliatory practice

Many Filipino seafarers are reluctant to file complaints against their manning agents due to the so called “blacklisting”, a practice used by manning agents to prevent certain seafarers being employed.

There is both “legal” and “illegal” blacklisting of seafarers.  

The Philippine Overseas Employment Administration (POEA) comes up with a blacklist (also called watchlist)  of seafarers as a form of legal sanction if a complaint of breach of discipline is filed against the  seafarer with the Adjudication Office or Regional Office.

 Seafarers who face penalties after final judgment are blacklisted. Included in the list are those disqualified from overseas employment until cleared by the POEA or until their suspension is served or lifted.

However, illegal blacklisting became a hidden industry practice where manning agencies make  statements or communications  that tend to influence or prejudice the mind of any employer against the person  seeking employment.

Blacklisting is the nefarious practice of blocking future employment of seafarers who complain about unjust treatment, safety standards, poor working conditions or unpaid wages, among others.  

Manning agencies in the Philippines will blacklist seafarers for speaking out against their employers preventing them from being hired in the industry again. Manning agents secretly circulate among themselves derogatory remarks and pictures as a retaliatory act against critical seafarers who  they consider as “troublemakers”.

Those who assert their rights are more often than not  labeled as 'troublemakers.' Their names are put on the 'blacklists' held by manning agencies and 'watchlists' held by the POEA. The practice usually destroys the future not only of seafarers but of their dependents as well.

Blacklisting can throw seafarers and whole dependent families unjustly into a sea of uncertainty and unemployment, affecting them for a lifetime.

 ILO’s Convention 179 “prohibits recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment.”

Under the Maritime Labour Convention, 2006 (which came into force in 2013, and has been ratified by 81 countries covering more than 90% of the world’s merchant fleet) empowers seafarers to report violations directly to their flag state authorities while remaining under the protection of the convention. Those flag state authorities must then investigate complaints, and they also must protect seafarers from retaliation. Alternatively, seafarers can report violations to port state authorities, who similarly must conduct an initial investigation and protect the seafarers’ confidentiality 

However, many seafarers remain skeptical of whether their unions, organizations or flag states will protect them from retaliation for reporting offences. 

Under POEA rules, the seafarer  may face sanctions by  the commission of any of the following  offenses which shall be a ground for disciplinary action:

A. Pre-Employment Offenses

1. Using, providing, or submitting false information or documents for purposes of job application or employment.

2. Unjustified refusal to depart for the worksite after all employment and travel documents have been duly approved by the appropriate government agency/ies.

B. Offenses during Employment

1. Commission of a felony or crime punishable by Philippine Laws or by the laws of the host
country;

2. Unjustified breach of employment contract;

3. Embezzlement of company funds or monies and/or properties of a fellow worker entrusted 
for delivery to kin or relatives in the Philippines; and

4. Violation/s of the sacred practices of the host country.

An administrative complaint or disciplinary action against the seafarer may be filed before the  POEA, who,  after due investigation, may  impose penalties ranging from suspension  to  delisting, depending on the gravity of the offense and the frequency of the violation(s).

When seafarers rightfully complain, they should not be punished for life. Yet if a seafarer appears on a blacklist their maritime career, often the only job open to them, is over.

 Atty. Gorecho heads the seafarers’ division of the  Sapalo Velez Bundang Bulilan  law offices. For comments, email info@sapalovelez.com, or call 09175025808 or 09088665786)