In Section 6 of the POEA Treaty (Wages), another provision has been included which states that if a seafarer is detained on or off a ship as a result of piracy or armed robbery on ships, wages and other claims under the seafarers` contract of employment, the relevant collective agreement or applicable national legislation, including the transfer of allowances, shall be paid for the entire duration of the detention and until the release and proper return of the seafarers or, if the seafarers die during their captivity, until the date of death determined in accordance with the laws, applicable national regulations and administrative. The amendments already came into force on December 26, 2020. The purpose of this article is to provide commentary on topics affecting the human resources industry, an analysis of recent cases, and legislative updates. It is intended to be short and is not intended to serve as legal advice. To register or receive further information, please send an e-mail to ruben.delrosario@delrosario-pandiphil.com In accordance with Article 19 of the POEA Treaty (Return), letter H has been amended to indicate that the right of return will cease if the seafarer concerned does not assert it within a reasonable period of time to be determined by national laws or regulations or collective agreements. where applicable; unless seafarers are kept away from or away from the ship as a result of piracy or armed robbery on ships. The Philippine Overseas Employment Administration is an agency of the Government of the Philippines responsible for opening the benefits of the Philippine Overseas Employment Program. In addition, the unilateral employment contract has also been amended to refer to POEA Memorandum Circular No. 34. The 2018 amendments to the Maritime Labour Convention (LCM) Code of 2018 require the inclusion of certain provisions in the General Terms and Conditions of Employment of Filipino Seafarers on Board Seagoing Ships in relation to the Seafarers` Employment Contract, which continue to be in force while a seafarer is detained on or off the ship as a result of piracy or theft at armed hand on ships. inter alia. In the “Definition of Terms”, piracy and armed robbery against ships are now included and defined.

In accordance with the 2018 amendments of the MLC mentioned above, the POEA adopted Memorandum Circular No. 34, 2020 Series amending the general conditions of the POEA as follows: In accordance with Section 2 of the POEA Treaty (Entry into Force/Duration of Contract), another provision has been added stipulating that the seafarers` employment contract continues to be effective as long as a seafarer is owned on or by a ship to the continuation of piracy or armed robbery of ships. the date fixed for its expiry date has expired or one of the parties has fixed the suspension or termination of the time limit […].