Seafarers Deployed as Fishermen File Complaints Against Recruiter, Employer

Administrator Hans Leo J. Cacdac said 12 seafarers have recently sought the assistance of POEA’s anti-illegal recruitment branch in filing separate complaints against a manning agency and the owners of two fishing vessels in Taiwan for alleged contract substitution, misrepresentation, maltreatment, and charging bribe money from them.

In their complaint sheet, the seafarers claimed that from January to February 2012, they engaged the services of JMP Polaris Navigation, Inc. which recruits regular seafarers such as messmen, deck cadets and engine cadets with a monthly salary of USD250.00 to USD350.00.

The complainants alleged that the agency’s crewing and operation manager assured them of employment as seafarers in an international vessel but they have to pay the amount of PhP15,000.00 as lagay (bribe) and some miscellaneous fees.

Cacdac said there is total prohibition on charging any fee from seafarers. “Under POEA Rules and Regulations Governing the Recruitment and Employment of Seafarers, manning agencies are prohibited from charging or accepting directly or indirectly any amount of money, goods or services, or any fee or bond for any purpose from the seafarers,” Cacdac said.

Cacdac said the 12 complainants alleged they paid JMP Polaris Navigation, Inc. a total of PhP265,000.00.
The complainants stated that after submitting the required documents and signing their employment contracts, they left the country for Taiwan in separate dates from January to March 2012.

The seafarers alleged that before departure at the airport, an employee of JMP Polaris Navigation Inc. told them that the positions in their respective contracts would be substituted to “fisherman”. Nonetheless, the seafarers, boarded their plane bound for Taiwan to work in fishing vessels owned by Menh Hao Fishery, Co. Ltd and Jui Wun Fishery, Ltd.

The complainants said their employer maltreated them and made them work beyond the normal hours of work without pay. The seafarers also complained of poor accommodation, inadequate food and water, and lack of safety equipment and first-aid supplies.

They left their employers and came back to the Philippines in June 2012.  Cacdac said that on the basis of the sworn statements of the complainants, the POEA suspended the license of JMP Polaris navigation, Inc. and suspended Menh Hao fishery, Co. Ltd and Jui Wun Fishery, Ltd. from participating in the overseas employment program pending investigation of the case filed against them.

“We find strong prima facie evidence of a case for violation of the pertinent provisions of POEA Rules and Regulations Governing the Recruitment and Employment of Seafarers and there exists a reasonable ground to believe that the continued deployment of the respondent agency of workers to the respondent employer will lead to further violations of the Rules and exploitation of the job-seeking public’” Cacdac said in his order.  Cacdac reminded job applicants that licensed agencies are barred from engaging in any recruitment activities while under preventive suspension.

source: POEA.gov.ph

No Ban On Seafearers To Somalia

The Department of Labor and Employment (DOLE) today said it's not necessary to ban the deployment involving Filipino seafarers to international flagged ships because interventions are now taking place to handle the negative consequences of piracy-related situations perilous to them and also to the operations of ınternational shipping.

Labor and Employment Secretary Marianito D. Roque believed the troubles that brought on the total ban which was suggested to President Macapagal-Arroyo is being addressed with the implementation of a mutual communiqué or understanding forged between the DOLE and seafarers groups, manning and shipping sectors and the International Labour Organization and International Maritime Organization.

Roque considered the stakeholders signed the communiqué during the Anti-Piracy Summit for Filipino Seafarers held last January 8, 2010 at the Amosup Seamen’s Center in Intramuros, Manila.

“We do not recommend the banning of our Filipino seafarers from working in foreign vessels that ply pirate-infested waters in Somalia as interventions on how to deal with the piracy problem have been identified during the anti-piracy summit,” stated Roque noting that the proposed ban would result in Filipino seafarers losing their jobs that surely will affect their families and the Philippine seafaring industry and the economy as well.

Earlier, the Department of Foreign Affairs (DFA) advised to the President the total ban on the deployment of Filipino seafarers to foreign flagships that ply pirate-infested waters in Somalia.

As provided for by the joint communiqué, three measures are now being carried through for the security of the Filipino seafarers against sea piracy. The procedures cover the formulation of anti-piracy regulations, and the conduct of anti-piracy training and psycho-social counseling for seafarers.

Roque considered that above 200 agencies out of 350 manning firms have handed in their own anti-piracy training modules to the Philippine Overseas Employment Administration (POEA). The final approval of the explained modules will be based on the standard training module which the POEA is preparing in coordination with the Maritime Training Center (MTC).

Based on the POEA Memorandum Circular No. 02, Series of 2010, “all manning agencies must require seafarers to undergo training on practical measures to avoid, deter or delay piracy/ attacks prior to deployment.” The anti-piracy training is separate and in addition to the regular Pre-Departure Orientation Seminar (PDOS) conducted for departing seafarers. In addition, manning agencies will have to submit to POEA a list of all the trainees each month indicating the name, date of training and name of company.

Apart from the anti-piracy training, the POEA has also approved a resolution permitting the deployment of Filipino seafarers on board vessels transiting in pirate-infested locations provided that the ship owners, principals, managers or manning agencies will make sure the vessel will pass within the maritime security patrol area.

The ship owner and manning agencies will also submit proper security measure steps such as security escorts or joining convoy to all ships passing through identified pirate-infested areas.

On the other hand the Overseas Workers Welfare Administration (OWWA) will be providing psycho-social counselling and other support services to the families who will be victims of piracy.