Maritime Training Council

7/28/2019 Maritime Training Council

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MARITIME TRAINING COUNCIL

INTRODUCTION:

The Maritime Training Council (MTC) was established on May 1, 1984 pursuant to Letter of

Instruction 1404 dated 1 May 1984, to give effect to the International Maritime Organization’sStandard of Training, Certification and Watchkeeping (STCW) for Seafarers 1978 Convention.The Maritime Training Council is attached to the Department of Labor and Employment.

ORGANIZATION

Chairperson:

Secretary of Labor & Employment

Members:

Commission on Higher Education (CHED)

Philippine Overseas Employment Administration (POEA)

Overseas Workers Welfare Administration (OWWA)

Maritime Industry Authority (MARINA)

Professional Regulation Commission (PRC)

Philippine Coast Guard (PCG)

Department of Foreign Affairs (DFA)

Office of the President

National Telecommunication Commission (NATELCOM)

Technical Education & Skills Development Authority (TESDA)

Department of Health (DOH)

FUNCTION

Develop, formulate and prescribe standards of training for seafarers as prescribed by theconvention;

Assist the ministry of education, culture and sports in regulating and supervising the

establishment and operation of seamen training centers throughout the country;

Liaise and coordinate with international organizations particularly with the international

maritime organization as regards the training, upgrading and qualifying seafarers;



Formulate rules and regulations to implement the STCW of 1978;

Prescribe and collect fees from the seamen training centers subject to clearance by the national

tax research center and to be remitted to and will constitute as part of the seafarers welfare fund;

Undertake special programs/projects in furtherance of the objectives of training and upgrading of

seafarers; and

Study, evaluate and recommend to the ministry of education, culture and sports the number and

maximum enrolment of nautical schools to ensure that the graduates will have reasonableopportunity to be employed aboard ship after their graduation.

OTHER RESPONSIBILITIES:

Ensure that all legal administrative measures taken and provide by the concerned governmentagencies and instrumentalities are appropriate and compliant to the convention, as amended;

Ensure that the evaluation of the quality standards of the government instrumentalities involvedin the administration of the certification system, training courses and programs, examination and

assessment carried out by or under the authority of that government instrumentality concerned,

including the qualification of instructors and assessors are conducted;

Be responsible to other state parties with respect to the Philippine compliance to the convention,as amended;

Communicate to the international maritime organization (IMO) information required under

regulation of the convention, as amended.

STEPS IN APPLYING FOR ACCREDITATION

Step 1. Training Center shall submit a Letter of Intent, which shall state the course/s to be

accredited and other information that may be considered relevant.

Step 2. Upon acknowledgement of the letter of intent by MTC, the training center shall

file its letter of application, which shall be accomplished in prescribed.

Step 3. After requirements are fully complied, the training center shall be notified of the

date of inspection to verify and confirm conformance

PRE-REQUISITES FOR ACCREDITATION

Before the application for accreditation of a course program shall be considered for evaluation,

the following shall be established in accordance with the existing government regulations:

Legal authority to conduct training

Safe occupancy of all buildings and structures used or occupied for training and related services.



Compliance with safety regulations required by the government as prescribed under MTC

Memorandum Circular No. 04, Series of 1996.

Measures to ensure the personal safety of trainees enrolled in hazardous training, including

provision of a “group insurance scheme”.

Accessibility to medical services at the training sites and classrooms as prescribed under MTC

Memorandum Circular No. 04, Series of 1996.

Library facilities

Plan of training site

Certification of ownership of building or lease contract

Payment of required filing fee

Administrative requirements as prescribed under MTC Memorandum Circular No. 18, Series of 1996

STCW 95

The 1995 amendments to the international maritime organization convention on standards of

training, certification and watchkeeping for seafarers (STCW 95) entered into force in 1997

Convention aims to provide answers to the problems of bringing all seafarers up to the same high

standard of confidence

Requires government to submit detailed reports to the international maritime organization (IMO)

by providing documentary evidence of compliance with the new training and certificationstandards

Require flag states to undertake their own checks on training and competence, including the

provision of competent lecturers and assessors and general improvement to the training

infrastructure



NATIONAL MARITIME POLYTECHNIC

LOCATION

Barangay Cabalawan, Tacloban, Leyte (highly accessible by land, sea and air transportation from

and to Manila, Cebu and other major cities.)

ESTABLISHED

May 1, 1978, by virtue of Presidential Decree No. 1369 to meet the need for a maritime training

centers in the country.

In 1987, through Executive Order No. 126, the NMP was attached to the Department of Labor

and Employment (DOLE) converting NMP from a state college to a DOLE agency.

MISSION

The NMP shall ensure the employment acceptability of Filipino seafarers and make themcompetitive in the international labor market by enhancing their knowledge, skills, and attitudes.

VISION

The NMP envisions to be a world-class maritime center of excellence.

CERTIFICATION

ISO-9001 certified last April 25, 2000 by AJA Registrars of Bristol, England

PURPOSES

To train and upgrade the country’s maritime manpower resources through upgrading andspecialization programs, integrating values vital to social transformation for both merchant

marine officers and ratings;

To provide administrative support services to ensure the delivery of quality training and effective

maritime studies.

Conduct researchers and studies on the latest maritime technologies and other related matters for

the maritime industry.

MAJOR THRUST

Improved training quality, access and relevance;

Continuing faculty and personnel competencies development;

Optimum utilization of center-resources including personnel for improved organizational

performance;



Aggressive generation and mobilization of resources through alternative schemes other than the

regular budget allotment;

Responsive and efficient financial and administrative operations;

Improved institutional visibility;

Enhanced working partnership between planning and research.

SERVICES BEING OFFERED

Upgrading and specialized maritime-related for deck and engine officers

Basic safety courses for both officers and ratings

Faculty development program (cross-training shipboard rotation, foreign and local scholarshipand training grants

Proficiency in survival craft and rescue boat other than fast rescue boat (PSCRB)

Prevention of alcohol and drug abuse in the maritime sector (PADAMS)

Personal safety and social responsibility (PSSR)

STD/HIV/AIDS prevention in the maritime sector (SHAPIMS)

Training course for instructors

Simulator course for senior cadets

Safety at sea course for fishermen, motor boat, operators and handlers

OTHER SPECIALIZED COURSES

Shore-based firefighting

General tanker familiarization

General operators’ course

Computer course for seafarers

Marpol 73/78 Annex 1

-Tank washing, cargo and ballast operations on board oil tankers



Marpol 73/78 Annex 2

- Criteria used for categorizing toxions liquid substances according to the hazards they present

to environment, the ship type they may be carried and the condition in which they may be

discharged

RESEARCH SERVICES

Profile of women executives in the maritime sector

Analysis of marine casualties and incidents in the Philippines

Maritime security: A burden to shipping companies and seafarers?

Can the Philippines produce a greater number of Filipino officers to comply with global

demands?



RULES AND REGULATIONS GOVERNING THE

RECRUITMENT AND EMPLOYMENT OF SEAFARER

DEFINITIONS

Seafarer – refers to any person who is employed or engaged in any capacity on board a seagoingship navigating the foreign seas other than a government ship used for military or non-commercial purposes. The definition includes fishermen, cruise ship personnel and those serving

on foreign maritime mobile offshore and drilling units.

Shipowner – refers to the owner of the ship or any other organization or person, such as the

manager, agent or bareboat charterer, who has assumed the responsibility for operation of the

ship from the shipowner and who on assuming such responsibilities has agreed to take over allthe attendant duties and responsibilities.

Principal – refers to a foreign person, partnership or corporation engaging and employing

Filipino seafarers through a licensed manning agency.

Cruise Ship Personnel – refers to person/s engaged as part of the hotel crew on board seagoing

ships or passenger ships navigating the foreign seas.

MARITIME EMPLOYMENT

• Issuance of license to manning agency

• Inspection of manning agency

• Fees and contributions

Fees chargeable to Principals. Agencies shall charge from their principals manning fee tocover services rendered in the recruitment and deployment of seafarers. However, manning

agencies shall not charge any fee from the seafarers for their recruitment and deployment

services.

ADVERTISEMENT FOR MARITIME EMPLOYMENT

MEDICAL EXAMINATION

DEPARTURE AND ARRIVAL OF SEAFARERS

Departure. All departing seafarers shall be monitored through the POEA Assistance Centers

established by the Administration at international airports and other exit points in the country to

ensure that they are properly documented before proceeding to their overseas job sites. Seafarerswithout proper documents shall not be cleared by the center.



Overseas Employment Certificate (OEC) Issuance at the Center. Departing seafarers may

secure overseas employment certificate at the labor assistance centers under such circumstances

as may be determined by the Administration.

Arrival. The center shall support OWWA and other government agencies in providing

assistance to arriving seafarers particularly those who are in distress.

POEA Clearance for Special Cases. The POEA shall issue special clearances for travel abroadin accordance with guidelines which may be issued by the administration.

DOCUMENTARY PROCESSING OF SEAFARERS

The following requirements shall be submitted for the documentation of seafarers:

a. Request for processing indicating the names, positions, and salaries of workers using the prescribed form of the Administration.

b. Three (3) copies of the full text of applicable standard employment contract aside from acopy provided to the applicant by the manning agency;

c. Information sheet;

d. Valid Seafarer’s Identification And Record Book

e. Seafarer’s Registration Certificate

f. Other documents which the administration may find necessary

Payment of Processing Fees. The payment of processing fees shall be paid to the

Administration upon submission of the request for processing.

Period to Deploy. An agency shall deploy its hired seafarers within sixty days from the date of issuance of the overseas employment certificate (OEC).

LEGAL ASSISTANCE AND ENFORCEMENT MEASURES

Acts Constituting Illegal Recruitment

Illegal Recruitment means any act of canvassing, enlisting, and contracting, transporting,utilizing, hiring, or procuring workers and includes referring, contract services, promising or

advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee

or non-holder of authority.

It includes the following acts:

a. 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;



b. Furnishing or publishing any false notice or information or document in relation to

recruitment or employment;

c. Giving any false notice, testimony, information or document in relation to recruitment or

employment;

d. Inducing or attempting to induce a seafarer already employed to quit his employment in order

to offer him another unless the transfer is designed to liberate the seafarer from oppressiveterms and conditions of employment

e. Influencing or attempting to influence any person or entity not to employ any seafarer who

has not applied for employment through his agency.

f. Engaging in recruitment or deployment of seafarers in jobs harmful to public health or

morality or to the dignity of Republic of the Philippines, as may be prohibited by law or duly

constituted authority.

g. Obstructing or attempting to obstruct inspection by the Secretary or by his duly authorizedrepresentative;

h. Failure to submit reports on the status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, departures and such other information as

may be required by the Secretary under penalty of law;

i. Substituting or altering to the prejudice of the seafarer, employment contracts approved and

verified by the Department from the time of actual signing thereof by the parties up to andincluding the expiration of the same without approval of the Department;

j. For an officer or agent of a manning agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the

management of a travel agency;

k. Withholding or denying travel documents from applicant seafarer before departure for

monetary of financial considerations other than those authorized under the Labor Code andits implementing rules and regulations;

l. Failure to actually deploy without valid reasons as determined by the Department; and

m. Failure to reimburse the expensed incurred by the seafarer in connection with hisdocumentation and processing for purposes of deployment, in cases where the deployment

does not actually take place without the seafarer’s fault.

Independent Administrative Action. The institution of criminal action is without prejudice to

any administrative action against the licensee or holder of authority cognizable by the

Administration, which could proceed independently of the criminal action.

Anti-Illegal Recruitment Programs such as:



a. Providing assistance to victims of illegal recruitment and related cases;

b. Assistance in the processing of suspected illegal recruiters;

c. Special operations such as surveillance of persons and entities suspected to be engaged in

illegal recruitment; and

d. Information and education campaign.

Legal Assistance. The Administration shall provide free legal assistance to victims of illegal

recruitment and related cases including but not limited to legal advice,. Assistance in the

preparation of complaints and supporting documents, institution of criminal actions andwhenever necessary, provide counseling assistance during preliminary investigation and

hearings.

Receiving complaints for illegal recruitment. Victims of illegal recruitment and related cases

may file with the Administration a report or complaint in writing and under oath for assistance

purposes. In regions outside the NCR, the same may be filed with the appropriate regional officeof the Administration

Action on the Complaint/Report. Where the complaint alleges that the illegal recruitmentactivities are on-going, surveillance shall be conducted. If illegal recruitment activities are

confirmed, issuance of closure order may be recommended to the Administrator through the

Director of Licensing and Regulation Office

If sufficient criminal action is found, the case shall be immediately forwarded to the appropriateoffice for such action.

Institution of Criminal Action. The Secretary, Administrator or the Regional Director concerned, or their duly authorized representative or any aggrieved person, may initiate the

corresponding criminal action with the appropriate office.

Where a complaint is filed with the Administration and the same is proper for preliminary

investigation, it shall file the corresponding complaint with the appropriate officer, with thesupporting documents.

RECRUITMENT VIOLATIONS AND RELATED CASES

Jurisdiction. The Administration shall exercise original and exclusive jurisdiction to hear anddecide all cases which are administrative in character, involving or arising out of violation of

recruitment laws, rules and regulations or violation of the conditions for issuance of license torecruit seafarers, including refund of fees collected from seafarers.

Grounds for imposition of Administrative Sanctions:

a. Charging, imposing or accepting directly or indirectly, any amount of goods or services, or

any fee or bond for any purpose from an applicant seafarer;



b. Engaging in act/s of misrepresentation, such as furnishing or publishing any false or

deceptive notices or information in connection with the recruitment and employment of

seafarers;

c. Inducing or attempting to induce a seafarer already employed to quit his employment in order

to offer him another unless the transfer is designed to liberate the seafarer from oppressiveterms and conditions of employment

d. Influencing or attempting to influence any person or entity not to employ any seafarer who

has not applied for employment through his agency.

e. Falsifying or altering travel documents of applicant seafarer;

f. Deploying seafarers whose employment and travel documents were not processed by the

Administration or those agencies authorized by it;

g. Deploy seafarers to principals not accredited by the Administration or to vessels not enrolled

with the deploying agency;

h. Failure to deploy a seafarer within the prescribed period without valid reason;

i. Coercing a seafarer to accept a prejudicial arrangements in exchange for certain benefits that

rightfully belong to the seafarer;

j. Withholding of seafarers’ salary or remittances without justifiable reasons or shortchangingof remittances;

FILING OF COMPLAINTS

Who May File A Complaint. Any aggrieved person, one who is prejudiced by the commissionof violation, may file a complaint in writing and under oath for violation of the provisions of the

Labor Code, POEA rules and regulations and other issuances relating to recruitment.

The Administration, on its own initiative, may conduct proceedings based on reports of violation

of the Labor Code, these rules and other issuances, subject to preliminary evaluation.

Venue. Any complaint arising out of recruitment violation or violation of the conditions of

license may be filed with the Adjudication Office or in the nearest POEA Regional Centers or DOLE Regional Office exercising territorial jurisdiction over the place where the complainant

was recruited at the option of the complainant. The office to which complaint was first filed shall

take cognizance of the case.

Contents Of The Complaint

a. The name and address of the complainant

b. The name and address of the respondent

c. The nature of the complaint



d. The substance, cause/grounds of the complaint

e. When and where the action complained of happened

f. The amount of claim, if any

g. The relief/s sought

The complaint shall be under oath and shall, whenever possible, be accompanied by supportingdocuments, together with a certificate of non-forum shopping.

ACTION UPON COMPLAINT

1. Answer. Upon receipt of the complaint, the Administration shall issue an order, attachingthereto a copy of the complaint and supporting documents, if any, directing the respondent/s

to file a verified Answer and not a Motion to Dismiss within ten (10) calendar days from

receipt, attaching proof that a copy was sent to the complainant.

2. Failure to File Answer. In case of failure to file answer, the investigation/hearing shall

proceed ex parte.

3. Motion for Extension. Only one motion for extension (10 days) shall be allowed except whenthe allegations in the complaint refer to circumstances which occurred abroad.

4. Nature of Proceedings. It shall comply with the requirements of due process without strictlyadhering to the technicalities of procedure and evidence applicable to judicial proceedings.

5. Preliminary Hearing. The Overseas Employment Adjudicator shall set the date, time and

place of the preliminary hearing with due notice to the parties with the end view of arriving

at an amicable settlement and for purposed of simplifying the issues, marking of evidenceand stipulation of facts. He may also initiate clarificatory questions to the parties or their

witnesses to further elicit relevant facts or information.

6. Service of Order to Appear/To Produce Documents. The administration shall issue an order

to appear/produce documents to agency/ officers/ concerned persons.

7. Failure or Refusal to Obey Order to Appear/To Produce Documents – will produce the effect

of suspension of license if failure to do so is without justifiable reason without prejudice tothe outcome of the investigation where proper penalty may be imposed.

8. Summary Judgment. Should the Overseas Employment Adjudicator find, upon considerationof the complaint, answer and evidence submitted, that resolution/decision may be rendered,

the case shall be deemed submitted and a summary judgment shall be issued.

9. Effects of Withdrawal of Complaint/Desistance. The withdrawal/desistance of the

complaining witness shall not bar the Administration from proceeding with the investigationof the recruitment violation/s. The Administration shall resolve the case on the merits and

impose the appropriate penalties.



10. Resolution of the Case. Except in cases of preventive suspension, the Overseas Employment

Adjudicator shall, within ninety (90) calendar days from the filing of the case, submit his

findings and recommendations in the form of a draft order.

11. Who May Issue Orders/Resolutions. The Administrator may issue orders of reprimand,

suspension of documentary processing, suspension, cancellation or revocation of license, or dismissal on the merits of the case.

PENALTIES:

Reprimand

Suspension of License 1 month to 3 months

2 months to six months

3 months & 1 day to 6 months

6 months & 1 day to 1 year

Cancellation of License

PENALTY FOR CASES INVOLVING FIVE OR MORE COMPLAINANTS. A respondent

guilty of committing an offense, regardless of the number or nature of charges, against five (5) or more complainants shall be imposed the penalty of cancellation of license.

DISCIPLINARY ACTION AGAINST SEAFARERS

Jurisdiction. The Administration shall exercise original and exclusive jurisdiction to hear and

decide disciplinary action cases against seafarers, foreign employers, and principals which are

administrative in character.

Venue. Any complaint involving disciplinary action cases shall be filed with the Adjudication

Office of the Administration.

Grounds

A. Pre-employment Offenses

1. Submission/furnishing or using false information or documents or any form of

misrepresentation for purpose of job application or employment

2. Unjust refusal to join ship after all employment and travel documents have been duly

approved by the appropriate government agencies

B. Offenses During Employment

1. 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) Gunrunning and possession of explosives and the like

d) Abetting or conniving with others to commit smuggling

e) Possession of pornographic materials leading to its seizure and fine to vessels

2. Desertion – desertion or attempt to desert employment

3. Absence without leave

4. Sleeping on post while on duty

5. Insubordination – any act of disobedience to lawful orders of superior officers

6. Drunkenness

7. Creating trouble outside the vessel’s premises

8. Gambling

9. Violation of company policies and regulations

a) Pilferage or theft of ship’s store or cargo

b) Embezzlement of company funds or properties of a fellow worker entrusted for

delivery to kin or relatives in the Philippines

10. Grave abuse of authority

11. Incompetency and inefficiency

12. Conniving with or cuddling stowaway

Exempting Circumstances. The following considerations shall be legitimate reasons for the

refusal of a seafarer to depart from the worksite or to withdraw from employment:

a. Exposure to hazardous or demeaning working and living conditions;

b. Refusal of the employer or principal to grant. Release or remit wages and other benefits due

the seafarer;

c. War, plague, or other calamities at the worksite; and

d. Violation of labor laws of the Philippines, the host country, international labor and maritime

laws.



Who May File. Any person may file with the Administration a complaint in writing and under

oath for disciplinary action against a seafarer.

APPEAL/ PETITION FOR REVIEW

Jurisdiction. The Secretary shall have exclusive jurisdiction to act on appeals/petitions for

review of recruitment violation cases and other related cases decided by the Administration.

Period to appeal. The party aggrieved by the decision of the Administration may appeal the

same to the Secretary of Labor and Employment within fifteen (15) calendar days from receipt of a copy of the decision. Failure of the aggrieved party to perfect his appeal within the

reglementary period shall render the decision of the Administration final and executory.

Requirements for appeal. The appealing party shall file a Notice of Appeal and an Appeal

Memorandum with the Adjudication Office or the Regional Office of the Administration, as the

case may be. In case a fine and/or a monetary award is imposed against the appealing party, heshall also file a supersede as bond in the amount of such fine and/or monetary award, in cash or

in surety bond posted by a surety company acceptable to the Administration.

Transmittal of the records of the case on appeal. Within twenty four (24) hours form the

receipt of appeal seasonably filed with the corresponding requirements, the Adjudication Office,shall transmit the entire records of the case to the Office of the Secretary of Labor and

Employment.

Stay of execution. The decision of the Administration shall be stayed during the pendency of

the appeal.

Period to resolve the appeal. Appeals form the decision of the Administrator shall be resolved b

y the Office of the Secretary for Labor and Employment within sixty (60) calendar days fromreceipt of the transmittal of the entire records of the case.

Execution of decisions. After the Order has become final and executory, the Administrationupon motion or on its own initiative, shall issue a writ of execution requiring the Enforcement

Officer to enforce a monetary award or fine imposed in the decision.

Execution shall proceed against the assets of the losing party in the following order:

a. Escrow deposit

b. Surety bond

c. Personal Property

d. Real Property

Execution pending petition for certiorari. Once a petition for certiorari has been filed with andgiven due course by the appellate court the execution of the order insofar as the monetary award

to private claimant shall be stayed.



REFERENCE:

RULES AND REGULATIONS GOVERNING THE RECRUITMENT AND

EMPLOYMENT OF SEAFARER

March 23, 2003