Seafarer’s drunkenness while off-duty

A seafarer cannot be dismissed  on the ground of drunkenness or intoxication  if he is off-duty.

The Supreme Court clarified in the case of EVIC Human Resource Management Inc., v. Rogelio Panahon, (G.R. No. 206890, July 31, 2017)  that  Section 33(6) of the Philippine Overseas Employment Administration (POEA) contract provides that drunkenness must be committed while on duty to merit dismissal from employment.

The seafarer in said case  admitted  that he  took a sip from the small flask of whisky given to him by one of the stevedores he dealt with and went to bed.

 The captain  had him awakened and ordered him to make a report on some damages in the railings of the ship caused by the stevedores.

When he submitted the report to the captain, the latter allegedly smelled a faint odor of whisky and asked the seafarer if he had been drinking, to which the seafarer  truthfully replied that he drank a little whisky and was willing to take an alcohol test.

The seafarer claimed that the captain  shrugged off his offer to take an alcohol test but as soon as he left, the captain  made a logbook entry  recommending his  immediate replacement.

The company argued that the dismissal was justified because the seafarer  was caught intoxicated, in violation of the company policies, instructions, and stipulations of the  POEA contract.

Thus, fearing that the safety of the vessel and/or crew may be at risk with the continued presence of the seafarer , the employers  were constrained to ask that the seafarer be relieved invoking Section 33 of the POEA  contract.

Said section enumerates  twenty one (21) offenses which are considered valid grounds for dismissal, which include drunkenness under the following situations: ( a) drunk while on duty, (b) creating trouble on board due to intoxication,  and  (c) failure to perform assigned jobs due to intoxication.

The restriction is based on researches which  shows that even small quantities can impair judgement, leading to increased risk-taking, concentration problems, lower performance of navigational tasks such as tracking and difficulty responding to unexpected or emergency situations. It also greatly reduces the chances of survival in the water.

The Supreme Court downplayed the employers’ argument and declared the seafarer was illegally dismissed as he was admittedly off duty when he was allegedly caught by the master drinking on board. The penalty of dismissal from employment was therefore unwarranted.

The seafarer was not also  given a written notice of the charges against him, or that he was given an opportunity to explain or defend himself.

Neither is there proof that he  was furnished with a written notice of the penalty imposed against him and the reasons for its imposition.

 The employers admit that these required notices were dispensed with because there was a clear and existing danger to the safety of the crew or vessel. However, there is  no evidence that was presented to prove such was the situation when the seafarer  was terminated.

When a seafarer commits the violative acts, 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  the penalty of suspension or permanent disqualification from participation in the overseas employment program  based on the frequency of the commission of the  offense.

The Seafarer's Identification and Registration Book (SIRB)  under MARINA rules may likewise  be suspended after due process due to Intemperate habits such as drunkenness tending to cause immediate loss or destruction or serious damage to the vessel or tending to endanger the life of any person organic to or passenger of such vessel.

In case of an  illegal dismissal,  a seafarer is  entitled to receive from his employers his salaries for the unexpired portion of his employment contract.

 ***

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

Permanently disability and Seafarer's Record Book/ Identity Document

The issuance or renewal of the  Seafarer 's Record Book (SRB)  and  Seafarer's Identity Document (SID) is now dependent on medical fitness of a seafarer, specifically concerning  permanently disabled seafarers.

The  Maritime Industry Authority (MARINA)  released   Memorandum Circular No.MD-2019-01 Series of 2019 to enhance the security features  of the  Filipino SID  and ensure its global interoperability and reliability. It also meant  to enhance existing system and streamline the processes and requirements in the issuance of SRB.  

 The SRB (formerly known as  SlRB)  refers  to  a document issued by MARINA  to all Filipino seafarers and cadets/cadettes that serves as record of sea service of the holder on board ships of 35GT and above for commercial vessel and 50GT and above for fishing vessel .

 The SID, on the other hand,  refers to an International  Identity Document under ILO Convention 185  used to obtain proof of the bearer's eligibility for visa waiver  and to identify them as genuine seafarers who may be entitled to transit with their passport at ports and border crossings, and to shore leave without a visa.

Under the said circular, seafarers who have been declared by a competent medical practitioner to be permanently disabled to board ship and who have been paid by the insurance for such disability shall no longer be allowed to renew or be issued SRB and SID.

In case that after such  declaration of permanent disability, the SRB and SID is still valid the same shall be deemed automatically revoked.

Prior to its effectivity  last January 2019, the MARINA does not consider the medical fitness of a seafarer in processing of SRB/SID, specifically for those declared  permanently disabled. It merely mandates the submission of the certain documents such as the old SRB/SID, birth certificate, marriage contract (for married woman),  valid NBI clearance,    certificate of completion for Basic Training (BT) and  transcript of records (TOR) or completed academic requirements (CAR) for maritime courses (as applicable)

Such directive perhaps was issued in light of the several cases filed by seafarers for claims for  disability  compensation.

A seafarer’s disability becomes permanent and total when so declared by the company-designated physician or  in case of absence of such a declaration either of fitness or permanent total disability, upon the lapse of the 120 or 240-day treatment period while the seafarer’s disability continues and he is unable to engage in gainful employment during such period, and the company-designated physician fails to arrive at a definite assessment of the seafarer’s fitness or disability.

Companies usually argue  that under  the POEA contract, only those seafarers that are classified under Grade 1 disabilities are considered to have suffered total and permanent disability and therefore  entitled to US$60,000.00 as disability benefits.

However, the POEA contract is not really reflective of the benefits that should be given to the seafarer based on the grading system. There are medical conditions that are classified as partial disability (between Grade 2 to 14) but in essence should have been considered as total permanent (Grade 1). 

A total disability does not require that the employee be completely disabled, or totally paralyzed, as what is necessary is that the injury must be such that the seafarer  cannot pursue his or her usual work and earn from it.   (Fil-Star Maritime Corp., et.al. vs.  Rosete, G.R. No. 192686, November 23, 2011), 

Permanent disability is the inability of the worker to perform his job , regardless of whether or not he loses the use of any part of his body. (Philimare, Inc..,  vs. Suganob, G.R. No. 168753, July 9, 2008,  )

Companies cannot deny the fact that a seafarer suffering from some  medical conditions will  be considered  more of a liability than an asset if he  is allowed to go on board the vessel. He would no longer be able to perform strenuous activities such as the rigorous duties of a seafarer.

The SRB shall be valid for ten (10) years and SID shall be valid for five (5) years . SRBs issued to  cadets/cadettes  below  18 years  of  age  shall be for shipboard training purposes only, with validity of three (3) years.

The rules cover all Filipino seafarers, 18 years of age and engaged in any capacity onboard ships 35GT and above.  Filipino cadet/cadettes below 18 years of age may also be issued SID and SRB for shipboard training purposes only.

 ***

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

Balangay and the Filipino seafaring heritage

Ten years ago this month , the very first balangay boat replica,  Diwata ng Lahi (spirit of lineage) , sailed  on her maiden voyage from the  CCP grounds.

The Balangay is a plank boat adjoined by a carved-out plank edged through pins and dowels and is known as the oldest watercraft found in the Philippines.

It is the evidence of early Filipino craftsmanship and their seamanship skills during pre-colonial times.

The Balangays navigated without the use of modern instruments, and only through the skills and traditional methods of the Filipino Sea Badjao people , one of the ancient mariners – steering by the sun, the stars, the wind, cloud formations, wave patterns and bird migrations. It is in the Filipinos’ DNA - we are naturally attuned to the waters.

Diwata was later joined by two  more Balangay boats namely Masawa Hong Butuan (bright light of Butuan) and Sama Tawi Tawi ( original inhabitants of Tawi-Tawi).

The Balangay boats initially journeyed from Manila Bay to the southern tip of Sulu, stopping off at numerous Philippine cities along the way that covered a distance of 2,108 nautical miles or 3,908 kilometers.

On their  second  major voyage, the Balangay boats  sailed to trace our ancestors' trade and migration routes,  throughout Southeast Asia in 2010. It then sailed  to Micronesia and Madagascar the following year then across the Pacific to the Atlantic and all the way around the world, returning to the Philippines in 2012 to 2013

The journey of the Balangay boats  has   proven the seafaring prowess of the Filipino.

Last year’s  National Seafarers Day , with the theme “Marinong Filipino: Kayamanan ng Lahi!” placed emphasis on the voyages of the Balangays that  epitomize the strong-willed Filipino mariners. The first balangay replica was even named  Diwata ng Lahi (spirit of lineage).

The Philippines is considered as one of the major supplier of maritime labor globally as it is estimated that there is one Filipino seafarer for every four to five complements on board a vessel at any time.

The deployed seafarers in 2018   brought in $6.14 billion or around P318.55 billion as dollar remittances. The sea-based sector’s remittance comprise at least 20% of the total dollar remittances of Overseas Filipino Workers (OFWs). These remittances help spur domestic consumption in the Philippines and a key ingredient in the country’s drive to achieve higher but sustainable growth.

However, away from his family and working on board vessels sailing non-stop for weeks or months the world’s oceans, the Filipino seafarer is physically, mentally and emotionally stressed.

Constantly exposed to fluctuating temperatures caused by variant weather changes of extreme hot and cold as the ships cross ocean boundaries, the risks of his getting killed, injured or ill are high.

Former president Fidel V. Ramos issued on July 9, 1996 Proclamation No. 828 declaring August 18 as National Seafarers’ Day aimed  to give due recognition to the vital role of Filipino seafarers towards the development of the Philippines as a maritime country. Later, Proclamation No.1094 was issued in 1997 by President Ramos which moved NSD to every last Sunday of September every year.

The Apostleship of the Sea (AOS) Philippines was tasked to coordinate with the public and private sector in activities related to the celebration of said event.

The  Sunday masses all over the country offered to the Filipino seafarers

Other weeklong NSD activities nationwide led by AOS include the novenas, Memorial at Sea, oratorical/ art/photo contest, Harana by the Bay, Balangay ride, boodlefight, karaoke challenge, and the Search for Ten Outstanding Maritime Students. One of the highlights is the Grand Parade  participated in by stakeholders from maritime schools, government agencies, manning agencies, training centers, maritime organizations, unions, families and private institutions.

This year’s NSD theme is “Marinong Filipino- Kababaihan: Palakasin sa Industriya!”

The NSD coincides with the National Maritime Week celebrated every last week of September spearheaded alternatively by the government agencies Maritime Industry Authority (MARINA), Philippine Coast Guard (PCG), and Philippine Ports Authority (PPA).

***

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

Allotment, remittances and Violence Against Women and their Children Act (VAWC)

A Filipino seafarer can be  held criminally liable due to the act of abandoning his  financial obligation to persons to which he is  obliged by law to support.

 Issues of allotment and remittances were discussed in connection with  the Anti-Violence Against Women and  their Children Act (VAWC) , or Republic Act No. 9262 , during my lecture as part of  the celebration of the National Seafarers Day (NSD) in San Fernando, La Union led by the Apostleship of the Sea (AoS).

Under the  POEA Standard Employment Contract,  the Filipino seafarer is required to make a monthly  allotment of at least eighty percent (80%) of his  monthly basic salary which shall be payable to his designated allottee in the Philippines.

The estimated 337,502 deployed Filipino seafarers in 2018  remitted  $6.14 billion or around P318.55 billion. The sea-based sector’s remittances comprise at least 22% of the total dollar remittances of Overseas Filipino Workers (OFWs). These remittances help spur domestic consumption in the Philippines and a key ingredient in the country’s drive to achieve higher but sustainable growth.

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. Their “allotments” do not go directly to their beneficiaries but are coursed through their manning agencies as middlemen, who disburse in pesos the seafarer’s monthly earnings to the allottee.

A common problem in connection with remittance is the issue on who will be the seafarer’s allottee  that is defined as any person named or designated  as the recipient of his remittances to the Philippines

The employment contract is the bilateral agreement between the seafarer and his principal, as represented by the manning agency.

 Like any personal property he can freely dispose or give to anybody without limitations  other than those provided by law. His right to dispose his wage remains in his discretion, including the manner or as to how he will divide nor dispose it.

Under  VAWC,  which was promulgated March 08, 2004, “economic abuse”  can be committed against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode.”

The said law defined "Economic abuse" as any act that makes or attempts to make a woman financially dependent which includes, but is not limited to the following: 

1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in

2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;

If convicted under this law, the seafarer shall be punished by prision mayor, or imprisonment of a minimum of  six years  and one day to a maximum of twelve years. He shall also shall pay a fine in the amount of not less than One hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00).   

The court may likewise  expedite the process of issuance of a hold departure order once the case is filed. 

Nevertheless, one legal recourse of the wife is the filing of a civil case for support. Once the court grants the petition, the said court order should be given to the manning agency and attached to each POEA standard employment contract.  This will serve as a notice to the seafarer that failure to comply will have legal consequence. The manning agency is likewise bound to abide by said order for the allocation in favor of the wife. 

The AoS Philippines was tasked to coordinate with the public and private sectors in activities related to the annual celebration of the  National Seafarers’ Day. This year’s NSD was  held last  September 29, 2019  with the  theme “ Marinong Filipino- Kababaihan: Palakasin sa Industriya!”.

***

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

Pope Francis: Help seafarers to lead holy lives

Kaohsiung, Taiwan -  Pope Francis  has encouraged  port welfare workers and chaplains     to continue with renewed ecumenical spirit their efforts to protect and safeguard the rights of all people of the  sea,  particularly  seafarers and fishermen.

Pope Francis quoted portions of Pope St John Paul II’s 1997 Apostolic Letter, Stella Maris, on the maritime apostolate  as guidance for port  welfare workers to  “strive to see that the people of the sea are provided abundantly with whatever is required to lead holy lives; to recognise and promote the mission which all the faithful - and in particular the laity - are called to exercise in the Church and in the maritime world in accordance with their specific state.”

Pope Francis emphasized that the port welfare workers must  “help the people of the sea to know Jesus Christ and to live according to His teachings”.

The video message of Pope Francis was shown during the opening ceremonies of  the  World Conference  of the  International Christian Maritime Association (ICMA)   in Kaohsiung, Taiwan, from October 21-25, 2019.

“With compassion and discretion, you give them a chance to pour out their hearts”, Pope Francis earlier said  In another   statement adding that listening to the people of the sea and to their material and spiritual needs is part of  the ministry.

Pope Francis said that without seafarers, the global economy would come to a standstill; and without fishermen, many parts of the world would starve.

The international shipping industry  is the life blood of the global economy as it  is responsible for the carriage of around 90% of world trade.

However, Pope Francis said that they face the seafaring dangers of storms and piracy, long periods of time away from their families and working conditions that are often harsh and low-paying.

ICMA is a free association of 29 charitable organisations working for the welfare of seafarers, fishers and their families. These organisations represent various Christian churches and communities that operate in more than 400 seafarers’ centres in more than 100 countries. ICMA was founded in 1969 to encourage collaboration and mutual assistance among seafarers’ ministry organisations.

The 2019 World Conference theme is “50 Years of Working Together for Seafarers, Fishers and their Families” attended by more than 250 guests from ICMA member organisations around the world engaged in the welfare of seafarers, fishers, and their families.

In a fragmented and divided society, it is the mission of ICMA to promote unity, peace and tolerance as it is the duty of every  chaplain and welfare worker to serve the stakeholders regardless of nationality, religion, culture, gender or ethnic origin.

The Philippines earlier hosted in 2016  the ICMA  “Training and Immersion Course” for workers serving seafarers from the Philippines  which allowed participants to gain a first-hand knowledge of Filipino seafarers’ social and cultural background and other institutions in the Filipino maritime sector.

Due to the high number of Filipino seafarers who visit port based welfare centres around the world, the course gave ship visitors and port based welfare providers the opportunity to learn more about the community of  Filipino seafarers so as to better serve them.

China, the Philippines, Indonesia, the Russian Federation and Ukraine are estimated to be the five largest supply countries for all seafarers (officers and ratings).

To date, the Philippines is the biggest supplier of ratings  while China is the biggest supplier of officers.

It is estimated that there is one Filipino seafarer for every four to five complements on board a vessel at any time.

The estimated 337,502 deployed Filipino seafarers in 2018  remitted  $6.14 billion or around P318.55 billion. The sea-based sector’s remittances comprise at least 22% of the total dollar remittances of Overseas Filipino Workers (OFWs).

Some of the members organizations of ICMA include Apostleship of the Sea (AoS), Mission to Seafarers, Sailor Society, German Seemannsmission  among others.

***

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

Cardinal Tagle: “Be one with the people of the sea”

Kaohsiung, Taiwan -  Manila Archbishop Luis Antonio Tagle encouraged   port welfare workers and chaplains to listen to the people of the sea, particularly  seafarers and fishermen, and not merely impose their plans for them.

"It makes a lot of difference to touch the hand of a fisherman/ seafarer , to see their distress, they are not numbers but they are human beings." Tagle said  during his at  speech the  2019  World Conference  of the  International Christian Maritime Association (ICMA)   in Kaohsiung, Taiwan.

Tagle noted that the  Church has always acknowledged the role of the people of the sea as the successors of the 12 disciples, mostly fishermen,   who later  disseminated his teachings.

“Coming together is not just a strategy but an imperative that comes from discipleship as  Christ’s call to working together” Tagle said adding that ICMA members must  work and walk together  respecting each others gifts and strengths.

"In celebrating the strength and gifts of the other,  we cannot work together if we are threatened by the gifts of others. This has to be mutual,” Tagle added.

In a fragmented and divided society, it is the mission of ICMA to promote unity, peace and tolerance as it is the duty of every  chaplain and welfare worker to serve the stakeholders regardless of nationality, religion, culture, gender or ethnic origin.

ICMA is a free association of 29 charitable organisations working for the welfare of seafarers, fishers and their families. These organisations represent various Christian churches and communities that operate in more than 400 seafarers’ centres in more than 100 countries. ICMA was founded in 1969 to encourage collaboration and mutual assistance among seafarers’ ministry organisations.

Some of the members organizations of ICMA include Apostleship of the Sea (AoS), Mission to Seafarers, Sailor Society, German Seemannsmission, among others.

“Greatest of gifts is love, without love the many gifts present in community might be misused

I may have the gift of healing. But if I do it without love I could use it to promote myself” Tagle said.

Pope Francis earlier said in his video message that  the port welfare workers must  “help the people of the sea to know Jesus Christ and to live according to His teachings”.

Pope Francis stressed that without seafarers, the global economy would come to a standstill; and without fishermen, many parts of the world would starve.

The international shipping industry  is the life blood of the global economy as it  is responsible for the carriage of around 90% of world trade.

However, Pope Francis said that they face the seafaring dangers of storms and piracy, long periods of time away from their families and working conditions that are often harsh and low-paying.

“With compassion and discretion, you give them a chance to pour out their hearts”, Pope Francis earlier said  In another   statement adding that listening to the people of the sea and to their material and spiritual needs is part of  the ministry.

Cardinal Tagle also acknowledged the presence at the conference of the Filipino fishermen who survived the October 1 incident where six fishermen -- three Indonesians and three Filipinos -- were killed when the port bridge came crashing down onto the boats below. The incident also left 18 migrant fishermen, 14 Filipino and 4 Indonesian homeless.

As of the end of April, there were 12,406 migrant fishermen in Taiwan where  12,383 work on fishing boats, while 23 are employed at fish farms.

The Philippines earlier hosted in 2016  the ICMA  “Training and Immersion Course” for workers serving seafarers from the Philippines  which allowed participants to gain a first-hand knowledge of Filipino seafarers’ social and cultural background and other institutions in the Filipino maritime sector.

Due to the high number of Filipino seafarers who visit port based welfare centres around the world, the course gave ship visitors and port based welfare providers the opportunity to learn more about the community of  Filipino seafarers so as to better serve them.

China, the Philippines, Indonesia, the Russian Federation and Ukraine are estimated to be the five largest supply countries for all seafarers (officers and ratings).

To date, the Philippines is the biggest supplier of ratings  while China is the biggest supplier of officers.

It is estimated that there is one Filipino seafarer for every four to five complements on board a vessel at any time.

The estimated 337,502 deployed Filipino seafarers in 2018  remitted  $6.14 billion or around P318.55 billion. The sea-based sector’s remittances comprise at least 22% of the total dollar remittances of Overseas Filipino Workers (OFWs).

***

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

The perils of Filipino fishermen in Taiwan

Kaohsiung, Taiwan –  Migrant fishermen in Taiwan  must be able to live onshore instead of sleeping on the boats on which they work.

This is the call of migrant rights and church groups after three Filipino and three Indonesian fishermen were killed when the bridge in Nanfang'ao Port collapsed on October 1, crushing their boats. 10 people were also injured in the disaster. The incident also left 18 migrant fishermen, 14 Filipino and 4 Indonesian homeless.

"I hope that this incident will serve as a lesson for all of us, especially the Taiwan authorities and employers, that fishermen should not live on boats, because boats are a place of work and not a home," said Fr. Joy Tajonera, a Filipino priest connected with Ugnayan Migrant and Immigrant Ministry in Taiwan.

An oil tank truck was on the bridge when it collapsed and ignited after falling into the waterway, spewing smoke into the air. As it fell, the bridge crushed three fishing boats beneath it, injuring and trapping a number of migrant fishermen on board the vessels.

Out of the 14 Filipino migrant fishermen, Ugnayan is now assisting five Filipino fishermen who wanted to transfer to a factory job.  Two  are returning to the Philippines to live while  the other  seven are transferring to new fishing employers.

The five fishermen were present during the recent  World Conference  of the  International Christian Maritime Association (ICMA)   in Kaohsiung, Taiwan where they shared their experiences to the delegates.

“The Lord guides us in our journey through life much like the captain of a ship. In this moment of loss and misfortune, let us not lose our sight on God, set our vision to God, turn always to Him and trust Him all the more. Be strong. As we sail on this sea of life, know that Jesus is the captain of the ship, the captain of souls,” Catholic Bishops’ Conference of the Philippines-Episcopal Commission on Migrants and Itinerant People (CBCP-ECMI) chairman, Balanga Bishop Ruperto C. Santos said during the mass held at the Holy Rosary Cathedral in Kaohsiung, Taiwan.

Taiwan’s estimated $2 billion fishing industry operates over a third of the world’s longline tuna vessels.

As of the end of April, the Ministry of Labor (MOL)  reported that there were 12,406 migrant fishermen in Taiwan, adding that 12,383 work on fishing boats, while 23 are employed at fish farms. However, NGOs estimates higher number of migrant fishermen, mostly undocumented.  

Labor issues have long troubled the global fishing industry, and Taiwan is no exception.

Migrant fishermen are a particularly vulnerable population.  

The 2018 US State Department’s Country Report on Human Rights Practices for Taiwan flagged the practices of recruitment and brokerage agencies, which facilitate the hiring of fishermen and other migrant workers, as leaving workers “vulnerable to debt bondage.” This occurs when  recruitment agency hires a foreign fishing worker and withholds his  passport or deducts heavy service fees from the his pay.

The Report also noted mistreatment and poor working conditions for foreign fishermen remained common. Foreign fishermen recruited offshore were not entitled to the same labor rights, wages, insurance, and pensions as those recruited locally.

Many  fishermen frequently report non-payment, long work hours, and verbal and physical abuse, often at the hands of Taiwanese captains.

Regulations only require a minimum monthly wage of $450.00 for foreign fishermen, significantly below Taiwan’s minimum wage.  Moreover, NGOs reported that foreign fishing crews on Taiwan-flagged long-haul vessels generally received wages below $450 per month because of dubious deductions for administrative fees and deposits.

The Philippine Overseas Employment Administration (POEA) earlier urged Filipino fishermen to acquire the proper documents, certification, and safety training requirements before working in Taiwan.

The agency   said applicants should not use backdoor exits, and instead, engage the services of licensed recruitment agencies with job orders approved by the POEA.

Illegal recruiters transport fishermen who choose to avoid the legal process to remote facilities outside of Taiwan that have been dubbed as ‘floating barracks’ and have been known to have substandard living conditions.

***

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