TIMeMagazine
eMagazineVol.1
Vol.1Issue
Issue 5
TIM
7
IRR for Seafarers
Protection Act
issued
By: Philip Ortaleza
T
o enhance the protection of the seafarers from
‘ambulance chasers,’ former Labor and Employment
Secretary Rosalinda Dimapilis-Baldoz issued
Department Order No. 153, Series of 2016, or the
‘Implementing Rules and Regulations (IRR) of
Republic Act No. 10706,’ also known as the Seafarers’
Protection Act.
This order represents a significant milestone for the maritime
industry as it aims to protect the seafarers from unscrupulous
individuals who charge exorbitant fees and push seafarer/s to file
labor cases against their employers for the purpose of claiming
monetary benefits arising from accident, illness, or death.
Under the IRR, fees are considered excessive when there is a
contract or arrangement between a seafarer or his/her heir, and a
person who appears for or presents them in any case of recovery
of monetary claim or benefit, including legal interest; such claim
for the purpose of recovery of monetary award or benefits arising
from accident; illness, or death; the claim is filed before the NLRC,
or any labor arbiter, NCMB, POEA, DOLE or its Regional Offices,
or other quasi-judicial bodies handling labor disputes; and the
contract or arrangement stipulated that the person who appears
for or represents the seafarer, or his/her heirs shall be entitled to
fees which exceeds 10 percent of the compensation or benefit
awarded to the se afarer or his/her heirs.
This department order mandates the National Labor Relation
Commission (NLRC) , or any labor arbiter, National Conciliation
and Mediation Board (NCMB), Philippine Overseas Employment
Administration (POEA), DOLE Regional Offices, or other quasijudicial bodies handling labor disputes to clearly indicate in
their decisions, orders, judgments, or awards that the total
compensation for the person who appears for or represents
seafarer or his/her heirs shall not exceed ten percent of the
compensation or benefit awarded to the seafarers or his/her heirs.
The other salient feature of the implementing rules
and regulations include provisions on criminal, civil, and
administrative actions that may be filed arising out of ambulance
chasing and imposition of excessive fees, as well as criminal, civil
and administrative liabilities. The IRR also defined the elements
of ambulance chasing which include soliciting, personally or
through an agent, from seafarers, or their heirs, any claim against
the employer of the seafarer; such claim is for the purpose of
recovery of monetary award or benefits arising from accident,
illness, or death, including legal interest; and the pursuit of the
claim is in exchange of an amount or fee which shall be retained
or deducted from the monetary claim or benefit granted to or
awarded to the seafarers or their heirs.
It also stated that a collusion in the commission of ambulance
chasing shall exist when the following elements concur: two
or more persons come to an agreement, either oral or written;
agreement concerns commission of ambulance chasing; the
persons decide to commit ambulance chasing; and positive or
overt acts are taken by the persons to carry out the agreement.
The IRR also specified the establishment of an oversight
committee to monitor, verify, and review the implementation and
industry compliance, as well as the establishment of action desks
at the NLRC, NCMB, POEA, DOLE, its Regional Offices, or other
quasi-judicial bodies handling labor disputes to receive report of
incidence of ambulance chasing and imposition of excessive fees.
A series of tripartite consultations were conducted to draft
the IRR. The draft IRR was presented to the Maritime Industry
Tripartite Council (MITC), a tripartite advisory and consultative
body on labor and employment policy-making in the maritime
industry, and was adopted in principle by the MITC members on
8 March 2016. The Department of Justice (DOJ) also contributed
inputs in the finalization of the IRR.
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