[ POEA MEMORANDUM CIRCULAR NO. 04, S. 2005, February 02, 2005 ]

SUBMISSION OF THE EMPLOYMENT CONTRACTS OF SEAFARERS



In line with Memorandum Circular No. 9, Series of 2000, which provides the guidelines on the implementation of the Amended Standard Terms and Conditions Governing the Employment of Filipino Seafarers on Board Ocean-Going Vessels, it is hereby reiterated that "manning agencies shall use and submit to the POEA the full text of the seafarer's employment contract including improvements,if any, for approval and processing." This provision applies to requests for Amendment, On-Board Processing, Cancellation and In-House Processing.

However, since the necessary and important information regarding the employment of seafarers have already been encoded in the POEA database, the POEA shall not retain copies of the seafarer's employment and one-page contract.

In view thereof, licensed manning agencies shall submit only one set of employment contract to the POEA, including improvements, if any, for processing and documentation purposes. This particular set of contract shall serve as the seafarer's personal copy that shall be in their possession during the term of their employment. In the case of licensed manning agencies availing of the Enhanced in-house Processing Scheme, the same processing requirement shall apply. Under no circumstances shall seafarers be allowed to leave for their respective vessels without a copy of the processed employment contract.

Licensed manning agencies may, at their own instance, maintain copies of the processed employment contract of their hired seafarers.

The Labor Assistance Center shall require the presentation of then processed employment contract prior to clearance of departing seafarers. Licensed manning agencies found violating this provision shall be subject to the appropriate sanction provided under the POEA Rules and Regulations Governing the Recruitment and Employment of Seafarers.

This Circular takes effect immediately and supersedes any and all directives contrary to the foregoing.

For strict compliance.

Adopted: 02 February 2005

(SGD.) ROSALINDA DIMAPILIS-BALDOZ
Administrator