Seafarer Employment Contracts: Special Rights Under Philippine Law

Filipino seafarers are among the largest seafarer populations in the world, serving on cargo ships, cruise lines, tankers, and fishing vessels across every ocean. Because of the unique dangers and conditions of working at sea, Philippine law provides a separate set of protections specifically for sea-based OFWs. These protections are found in the DMW Standard Employment Contract for Seafarers (formerly known as the POEA-SEC), which was last substantially revised in 2010 with subsequent amendments. Every Filipino seafarer should understand what this contract guarantees — because these rights apply regardless of what a manning agency or foreign ship owner might tell you.

What the seafarer SEC covers

The Standard Employment Contract for Seafarers covers the essential terms of your employment at sea. Contract duration is specified and typically ranges from a few months to one year, depending on the vessel type and trade route. Basic monthly salary is stated in US dollars. Overtime rates are defined separately from the basic salary. Leave pay accumulates during the contract and is paid out upon completion or termination. The SEC also covers victualling — which means the ship owner must provide free food and accommodation on board for the entire duration of your contract. These are not optional benefits — they are mandatory minimums that every compliant contract must include.

Medical care and sickness benefits

Seafarers face unique health risks — injuries from heavy equipment, illnesses from changing climates, and medical emergencies far from any hospital. The SEC requires the ship owner to provide medical care for the seafarer during the contract. If you become sick or injured during the term of your contract, you are entitled to medical treatment at the employer's expense. If you are medically repatriated and need continued treatment in the Philippines, the employer must continue covering your medical expenses for a specified period. During this treatment period, you are also entitled to sickness allowance equivalent to your basic wage.

Disability benefits and the grading scale

The seafarer SEC includes a disability benefits system based on a grading scale. If you suffer a work-related injury or illness that results in permanent disability, the compensation you receive is determined by the disability grade assigned by the company-designated physician. Grade 1 is total and permanent disability, which carries the highest compensation. The grades go down to Grade 14 for the least severe permanent disabilities. The specific dollar amounts for each grade are set out in the SEC. Important: you have the right to seek a second opinion from your own doctor. If there is a disagreement between the company doctor and your doctor, a third doctor mutually agreed upon by both parties can make the final assessment.

Death benefits and survivor protections

If a seafarer dies during the term of the contract — whether from a work-related cause or not — the beneficiaries are entitled to death benefits under the SEC. The amount depends on the circumstances of death. Work-related death carries a higher benefit. The SEC also provides for burial expenses. These benefits are separate from and in addition to any benefits from the Social Security System (SSS). Under RA 11199, SSS coverage is mandatory for all OFWs including seafarers. OWWA membership, which costs USD 25, is also required and provides additional death and disability benefits through the welfare fund.

Repatriation rights

Seafarers have specific repatriation rights under the SEC and under international maritime labor conventions. Upon completion of your contract, the employer must repatriate you to the Philippines at the employer's expense. If your contract is terminated early for reasons not your fault — such as vessel sale, change of flag, or lay-up — you are still entitled to repatriation at the employer's expense plus any earned wages and leave pay. If you are medically repatriated, the employer covers the cost of transport and must continue medical care. The manning agency in the Philippines is jointly liable with the foreign ship owner for all these obligations.

International maritime conventions

Beyond Philippine law, Filipino seafarers are also protected by international maritime labor conventions. The Maritime Labour Convention (MLC) 2006, ratified by the Philippines, sets minimum standards for working conditions, accommodation, health, and social security for seafarers globally. These international standards work alongside the Philippine SEC — and when the international standard provides a higher protection than the SEC, the higher standard applies. This means Filipino seafarers have a double layer of protection: domestic law and international maritime law.

Review your seafarer contract carefully

Manning agencies sometimes present contracts that fall below SEC minimums or include clauses that limit your rights to disability or death benefits. Do not assume your contract is compliant just because it was processed through official channels. Upload your seafarer employment contract to PlainDoc to get a plain-language analysis that checks your salary, overtime, leave, disability provisions, and repatriation terms against the standard employment contract — so you know exactly what you are entitled to before you board.