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)

POEA rules on seafarer's fees

The  Revised POEA Rules and Regulations  2016 states how chargeable fees and costs  are considered in relation to the  recruitment and employment of Filipino seafarers. The revised rules was passed in accordance with the policy of the Philippine Overseas Employment Administration (POEA)  policy,   among others, to uphold the dignity and fundamental human rights of Filipino seafarers navigating foreign seas, and promote full employment and equality of employment opportunities for all;

A. Fees Chargeable to Principal/Employer: 

       1. Manning Fees - Licensed manning agencies shall charge from their principal/employer a            manning fee to cover services rendered in the recruitment and deployment of seafarers. 

               2. Processing Fees - All processing fees required for deployment. However, in case of seafarer’s failure or unjustified refusal to join ship after all processing fees have been incurred by the principal/employer, the said fees shall be refunded by the seafarer within thirty (30) days from demand.  These include:
       a. pre-employment  medical examination in the principal’s/employer’s designated clinic,         b. POEA and OWWA fees, 
        c.visas, 
        d.principal’s/employer’s flag State ship requirements, 
        e. principal’s/employer’s required trainings and other requirements

B. Costs Chargeable to the Seafarer. 

Documentation costs of all statutory requirements such as, but not limited to, passport, seafarer’s identification and record book (SIRB), NBI/police/barangay clearance, Seafarer’s Registration Certificate (SRC) and birth certificate.

No other charges in whatever form, manner or purpose, shall be imposed on and be paid by the seafarer, unless otherwise provided by law. 

Administrative offenses involving collection of fees   are classified into serious, less serious and light, depending on their gravity.  The POEA  shall impose the appropriate administrative penalties for every recruitment violation. in view of the  

A. SERIOUS OFFENSES are those    that by their nature and effect are punishable by immediate  cancellation of license, plus refund of fee or bond collected or excess processing or documentation costs (if applicable).  Permanent Disqualification and delisting from the roster of accredited principals/employers may also be imposed. 

1. Charging or accepting directly or indirectly any amount of money, goods or services, or any fee or bond for any purpose from an applicant seafarer.  

 2. Charging, imposing or accepting, directly or indirectly, under any guise whatsoever, any amount of money as payment for the insurance premium for compulsory insurance coverage. 

3. Collecting any amount as payment for processing, or documentation costs not prescribed by the rules, or an amount greater than the actual documentation costs, as covered by official receipts issued by entities where payments were made. 

 B. LESS SERIOUS OFFENSES are those that by their nature and effect are punishable by the penalty of suspension to cancellation of license. 

1. Withholding or denying travel or other pertinent documents from an applicant seafarer for monetary or financial considerations, or for any other reasons, other than those authorized under the Labor Code and its implementing Rules and Regulations

2.  Failure to reimburse expenses incurred by the seafarer in connection with his documentation and processing for purposes of deployment, where deployment does not take place without the seafarer's fault.The penalty shall include the carry the accessory penalty of immediate refund of expenses incurred by the seafarer.

Unlike serious offenses  which are punishable by immediate  cancellation of license, plus refund of fee or bond collected or excess processing or documentation costs (if applicable).  as well as Permanent Disqualification and delisting, penalties for less serious offenses may vary based on the frequency of violations:

              1st Offense — Suspension of License (2 to 6 Months) 

              2nd Offense — Suspension of License (6 Months and 1 day to 1 year) 

              3rd Offense — Suspension of License (1 year and 1 day to 2  years) 

              4th Offense — Cancellation of License 

Money claims arising from recruitment violation may be awarded in addition to the administrative penalties imposed. In lieu of the penalty of suspension of license, the POEA may impose the penalty of fine which shall be computed at Fifty Thousand Pesos (P50,000.00) for every month of suspension. 

The penalty of cancellation of license shall be imposed upon a respondent found liable for committing an offense, regardless of the number or nature of charges, against five (5) or more workers in a single case. This provision shall not apply to consolidated cases unless there are five (5) or more complainants in any of the consolidated cases. 

Prescription: All cases  shall be barred if not commenced or filed with the POEA within three (3) years after such cause of action accrued

10 Professional Mistakes Seafarers Should Never Make Onboard Ships

( Reposting an interesting piece from Marine Insight "10 Professional Mistakes Seafarers Should Never Make Onboard Ships " ) 

There is no dearth of stress on board ships. Ask a seafarer and you will know what it takes to work on board. It is the ultimate test of both physical and mental strength.No mariner is born smart! One has to learn the ropes of the game, avoid the pit falls, and play it safe.

In this difficult job market, a mariner must know what not to do in order to prevent any kind of professional trouble.But every sea going professional knows that under excessive work pressure at sea, mistakes are bound to happen. So how does one save work related trouble?

It is by keeping note of basic yet important things while working on board ship. Here are ten mistakes a professional seafarer should never want to make on ship.

1. Never follow Illegal or Irrelevant Orders

Whether you are a rating, an operational level officer, or a management officer controlling the ship’s operations, there will always be a boss ordering you from the top.

To avoid unnecessary trouble, make sure that you know all the important regulations of the sea including SOLAS, MARPOL, COLREG, ISPS, STCW etc.

Never oblige to an order which violates all these important laws as it may land you in prison and can even end your career. If you think that the orders asked to follow are dangerous for your ship or ship’s personnel, do clarify again with your seniors before proceeding.

Real Incident: It has been reported several times that people pump out bilges or throw garbage in sea when ordered by their superiors. Such activities have high chances of bringing both you and your superior to court or prison

2.  Never Hide a Problem or a Mistake

Everyone makes mistake, and unless it is not repeated several times, it is usually forgiven. The same applies to every mariner on ships. If you make a mistake, of whatever kind, don’t hide; instead report it to your superior so that necessary steps can be taken immediately by the onboard team. Hiding mistakes can lead to bigger problems or emergency situations later on.

Real Incident: A ship’s duty engineer ignored a minor leakage from hot oil pipe as his watch was almost about to end. The motorman of the next watch met with an accident from the bursting of the same oil pipe causing burns. Moreover, the ship’s engine had to be stopped until the pipe was repaired.

3. Make Correct Paper Work Entries

In today’s shipping industry, documentation has become the primary concern for all shipping operators, who keep a track of each and every operation of the ship. These records are used as a proof for authorities that the ship is operating as per all international regulations.

It also helps them in tackling future problems (as the documents are used as references) and most importantly, they are used for insurance claim survey if any damage or accident occurs. Thus make sure that all the entries you make in your documents (e.g-Log books) are correct to avoid any mishaps in the long run.

Real Incident: Many officers enter wrong and manipulative readings/ records in the official log book, which is considered as the main reference for any operation on ships. This has lead to several fatal accidents and emergency situations in the past. Moreover, when in need, these false records can lead to wrong interpretation or cancellation of insurance money in case damage occurs to the ship.

4. Don’t Ignore Alarms – Every Alarm is a sign that Something is Wrong

Different types of alarms (audible and visual) are fitted onboard ships to warn crew members of any emergency, so that immediate actions can be taken to tackle the same. It does not matter if the alarm is genuine or just meant for a drill; one must treat every alarm as an emergency and act on the dedicated duties as soon as possible.

Don’t use your brain to judge a situation when an emergency alarm is given; just act! Sometimes even a second delay can lead to severe consequences and loss of life.

Real Incident: Once a vessel was crossing the Indian Ocean, which is considered a no pirates attack zone and a safe region. Suddenly a general alarm was heard. Some of the crew members thought it was a drill or some error in the alarm system. They were not spontaneous and delayed their duties. The ship was attacked by pirates and those who took the alarm seriously reached the Citadel safely whereas those who ignored were held as hostages by the pirates.

5. Don’t allow Anyone to Have Access to Your Cabin

Your Cabin in ship’s accommodation is your own private place and you are solely responsible for all the holdings inside it. Never allow any one (from ship or outside) to enter your cabin without your consent or presence.

Custom authorities of different countries have their own rules for carrying particular objects in their countries. If caught carrying object which is prohibited in a country, the ship can be held or arrested and you can land in prison or prosecuted.

Real Incident: An oiler kept three movie CDs containing adult material in an able seaman’s room without the consent of the later.  This was done to hide them from customs of a particular country. When customs boarded the ship, they checked all the cabins and as per the rules arrested both the oiler and the AB for possessing such obscene material.

6. Don’t be a “Parcel Boy”

When joining a ship or signing off after finishing up a contract, you may be in a jolly mood and ready to help your mates. Sometime you may be asked (requested) to carry a parcel and hand it to his/her family or vice-versa. Never carry any such things from your crew members or their families without completely checking the parcel and knowing the custom regulations of the country you are flying to.

Companies and agents will be responsible only until you enter the airport, after that, it would be solely your responsibility. Hence avoid any kind of trouble to yourself and to the company.

Real Incident: A seafarer was once held at Singapore airport for taking extra liquor in a parcel handed to him by a crew member.  He was fined for the act and also missed his flight due to the delay.

7. Never Get Involved in Physical Fights- Be Calm

On a ship there are people from different nationalities working together. This may sometime give rise to a conflict. Never make an issue big enough that it leads to physical fights. Such behaviour may lead to your suspension from sea career or imprisonment in some countries as per the severity of the matter. It is important to maintain your cool while working onboard as injury of any kind at mid sea can become dangerous because of non availability of special medical assistance.

Real Incident: A crew member was suspended after he got involved in a physical fight with his senior officer at a US port.  Instead of reporting it to the management officers of the ship he took the matter in his own hand. Local law of the country imposed fine on the crew for this incident.

8.  Don’t Drink and Drive – Not even a Ship

The basic rule on land applies to ships as well. Whether you work in the engine room or keep watch at the bridge, never carry out your duties under the influence of alcohol.

If you have been drinking or find that the person came to relieve you is in drunken condition, do not take over or allow him/her to take over the watch. Always make sure you follow drugs and alcohol policy of your company. Violation of this policy is a serious offence which can cost you two years of suspension from the job. Working in drunken condition can even lead to accidents and emergencies.

Real Incident: Under the influence of alcohol, a Master of bulk career MV Kathrina misjudged the course and ship ran aground on the Goodwin Sands in the Dover Strait. Master was prosecuted with one year of imprisonment.

9. Be on Time, Don’t Miss Your Ride

The ship is the only place you are safe.  It is your temporary home when sailing in international waters. When you go for a shore leave, make sure you note down the shore leave expiration timings and also come back on time to avoid embarrassment of getting left behind and being a liability to the company.

Real Incident: It is very common practice to manipulate the ship’s departure timing with cargo loading schedule and not coming back on shore leave expiring time. Several incidences have been reported of seafarers getting left behind in a port or have delayed the ship causing financial loss to the company.

10.  Ship is Not Your Private Property

When signing off from the ship, many professional seafarers take home ship’s property (from computers to printer stationary; yes it’s true!) along with their luggage. Such behaviour is not at all ethical as crew replacing you will need those resources to carry out daily operations of the ship after you are gone.

Selling of ship spare or bunker is another practice carried out for personal gain. Such activities can lead to suspension of your job, along with penalty and legal consequences under theft case.

Real Incident: A chief engineer was sent to prison for selling bunker of the ship and making illegal money from it for personal gain. The company registered the case against its own employee to make sure such incident is not repeated.

Being a professional seafarer means a good track record of work with correct attitude. Make sure you note the above mentioned practices to avoid unnecessary trouble.

So what practices do you follow to avoid trouble on ship? Do you have any advice for our seafarer

Smuggling as ground for dismissal

Smuggling is the illegal transportation of objects, substances, information or people, into a ship,  or across an international border, in violation of applicable laws or other regulations. The verb smuggle, from Low German schmuggeln or Dutch smokkelen (="to transport (goods) illegally"), apparently a frequentative formation of a word meaning "to sneak", most likely entered the English language during the 1600s–1700s.

There are various motivations to smuggle. These include the participation in illegal trade, such as in the drug trade, illegal weapons trade, exotic wildlife trade, illegal immigration or illegal emigration, tax evasion, or the theft of the items being smuggled. 

Before a seafarer can be dismissed and discharged from the vessel, it is required that he be given a written notice regarding the charges against him and that he be afforded a formal investigation where he could defend himself personally. Section 33 of the Philippine Overseas Employment Administration- Standard Employment Contract (POEA-SEC) enumerates  twenty one (21) offenses which are considered valid grounds for dismissal.  One of the grounds of dismissal of Seafarer identified is  smuggling. 

In summary, the POEA SEC identifies the following acts as  Smuggling or violation of any custom rules and regulations of the Philippines and of foreign ports:
   

 a. smuggling any taxable item
 b. possession or use of prohibited drugs, narcotics and other contraband
 c. gun-running or possession of explosives and the like
 d. abetting or conniving with others to commit smuggling
 e. misdeclaration of or failing to declare articles leading to their seizure and fine to ship
 f. misdeclaration of or failing to declare articles leading to their seizure but ship not implicated
 g. possession of pornographic materials leading to its seizure and fine to ship
h. possession of child pornography materials leading to its seizure and fine to ship
 i. Any other violation which will not implicate ship
 j. Any other violation which will implicate the ship


Under the POEA-SEC, when a seafarer commits such act(s), he may be penalized by the master of the vessel with dismissal and be made to pay the cost of repatriation and his replacement. Additionally, 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).

Of the acts listed above, two offenses will be meted outright delisting from the POEA registry:(a). possession or use of prohibited drugs, narcotics and other contrabandand (b) . gun-running or possession of explosives and the like.. Strict  prohibition on possession of prohibited drugs is in line with the duty of the shipowner, operator or employer to provide a safe place for the seafarer to work. This includes providing fellow crew members who are fit and capable of carrying out their duties safely. Seafarers who are under the influence of drugs clearly present a safety hazard for which an employer may find himself both civilly and criminally liable.A drug free ship not only provides a safer working environment but also enhances each individual seafarer’s long term health prospects.


Do note that the commission of smuggling is not the only act penalized but includes "abetting or conniving" with others to commit smuggling. This refers to actuatons that tends  to encourage, support, or countenance by aid or approval on the wrongdoing of  the principal offender.. It is based on criminal law that penalizes another person who may have carried out the illegal act(s) as an agent of the charged, working together with or under the direction of the charged, who is an accessory to the crime. 

Most of the countries where international merchant ships ply for exports and imports, do not allow pornographic material of any kind and a person found in possession of such material is subjected to prosecution and imprisonment . Some countries have even stricter rules if the pornographic content found contains  explicit sexual content featuring children, animals or harm and forceful nature.