Better working conditions for local seamen seen with Maritime Labor Convention 2006

The contrast is staggering: International shipping companies compete for the services of Filipino seamen, but domestic shipowners’ neglect of them reflects in regular collisions and sinkings that are sometimes fatal.

But world-class labor standards have come to the Philippines after the Maritime Labor Convention 2006 took effect last year.

And the Department of Labor and Employment is urging all Philippine-registered ships plying domestic waters to voluntarily comply with these standards to improve the working conditions of Filipino seamen in the country.

“Ensuring compliance with all labor laws, including with safety and health standards, are pursuant to our obligations under the Maritime Labor Convention 2006 and national issuances,” said DOLE Secretary Rosalinda Baldoz during a dialogue with officials of officials of Taganito Mining Corporation (TMC).

TMC is a nickel mining company that owns three cargo vessels and contracts several other ships to transport its mine production from the shore to the ships for export. It engages a crewing agency, Lacerta Shipping Agencies Philippines Inc., to man its three vessels.

Baldoz, together with Undersecretary Rebecca Chato, head of the DOLE’s internal and labor relations cluster, and DOLE Caraga Regional Director Johnson Canete, visited the Caraga Region to join in the conduct of a joint assessment of TMC’s cargo vessels at the Claver Port, in a bid to emphasize the seriousness of the DOLE in accelerating implementation of the new Labor Laws Compliance System (LLCS).

DOLE has also issued DO 129, or the Rules and Regulations Governing the Employment and Working Conditions of Seafarers Onboard Ships.

“Voluntary compliance fosters harmonious workplace relations and is generally good for business. It leads to productivity and profitability,” Baldoz said before boarding one of TMC’s cargo ships, the LCT TMC II, for the joint assessment.

Joint assessment

The joint assessment is one of the mechanisms that the DOLE uses under the LLCS. During the process, management and worker representatives sit down with DOLE to assess compliance, with the latter informing the former about the various labor laws, including the safety and health standard regulations that the company ought to comply.

If deficiencies or gaps in compliance are discovered during the assessment, a plan of action is formulated to correct the gaps or deficiencies. DOLE teaches the company and the workers how to comply. After the gaps or deficiencies are resolved, DOLE issues a certificate of compliance to the company.

Results for TMC

Engr. Eric Igual, together with the TMC management representative and the TMC union, informed Secretary Baldoz of the result of the joint assessment.

The gaps or deficiencies were: lack of organized safety and health committee, lack of occupational safety and health reportorial requirements, lack of on-board and on-shore complaint procedure, no weekly rest period, lump-sum salary structure, and no written program and policy on prevention of HIV/AIDS, Hepatitis B, TB, and sexual harassment.

Also, the employment agreement of the 19 crew of the ship is not co-terminus with the service agreement of the manning agency with the principal, and the manning agency is not registered with DOLE under DO 18-A.

Pledge from TMC

In the presence of Secretary Baldoz, the TMC management submitted an undertaking and pledged to correct these gaps/deficiencies in 20 days under the agreed action plan.

On this note, DOLE Caraga Regional Director Johnson Canete issued a certificate of compliance to the mining company.

Baldoz instructed Conciliator-Mediator Ericson Igual, head of the joint assessment team, to restructure the salary scale of the seafarers manning the ship, and also directed Director Canete to continue monitoring the company’s compliance, particularly with its undertaking.

“DOLE is here to help you comply. All our technical assistance services are free. You should not anymore fear the DOLE because our new labor law compliance system is designed as a mix of developmental and regulatory approaches that encourages voluntary compliance,” Baldoz said.
Source: InterAksyon