[ DEPARTMENT ORDER NO. 196, S. 2018, September 05, 2018 ]
AMENDING SECTION 1, RULE V AND SECTION 1, RULE VI OF DEPARTMENT ORDER NO. 156-16
Adopted: 27 July 2018
In the interest of service and pursuant to Articles 5 and 168, Book IV of the Labor Code of the Philippines, as renumbered, the following amendments to Section 1 of Rule V and Section 1 of Rule VI of Department Order No. 156-16 (Rules and Regulations Governing the Working and Living Conditions of Fishers on board Fishing Vessels Engaged in Commercial Fishing Operation), are hereby promulgated:
SECTION 1. Section 1 of Rule V is hereby amended to read as follows:
Section 1. Policy. - Payment of minimum wage for all fishers under employment status shall be mandatory. Productivity-improvement measures shall be introduced to ensure decent working standard for fishers and decent living standard for their families. In addition, the grant of productivity- improvement measures and/or performance based-pay shall be voluntary in nature regardless of the type of fishing operations. SECTION 2. Section 1 of Rule VI is hereby amended to read as follows:
Section 1. Field Personnel. - Fishers who regularly perform their duties away from the principal place of business or branch of office of the fishing vessel owners and whose actual hours of work in the sea cannot be determined with reasonable certainty shall be considered as field personnel. SECTION 3. Separability Clause. - If any parts or provisions of this Department Order are declared to be invalid or unconstitutional, the other parts or provisions not affected shall remain in full force and effect.
SECTION 4. Repealing Clause. - All policy issuances, rules and regulations, or part/s thereof inconsistent with the provisions of this Department Order is hereby repealed or modified accordingly.
SECTION 5. Effectivity. - This issuance shall take effect fifteen (15) days after its complete publication in a newspaper of general circulation. Manila, Philippines, 27 July 2018.
Secretary