Amended Standard Terms and Conditions Governing the Overseas Employment of Filipino Seafarers On-Board Ocean-Going Ships

October 26, 2010

POEA MEMORANDUM CIRCULAR NO. 010-10

 

Pursuant to Governing Board Resolution No. 09, series of 2010, the following guidelines on the implementation of the Amended Standard Terms and Conditions Governing the Overseas Employment of Filipino Seafarers on Board Ocean-Going Ships, which reflect the consensus of all the stakeholders after a series of tripartite consultations, are hereby issued:

1. The terms and conditions provided therein are the minimum requirements acceptable to the POEA for the employment of Filipino seafarers on board ocean-going ships.

2. The parties to the contract may improve on the minimum terms and conditions, provided such improvements shall be made in writing and appended to the contract of employment.

3. Manning agencies shall use and submit to the POEA, the full text of the seafarer's employment contract herein attached including improvements, if any, for approval and processing. Such improvements in the contract shall have prospective application.

4. Manning agencies are directed to inform and provide copies of the amended terms and conditions to all its accredited principals/employers.

5. Manning agencies shall ensure that its departing seafarers are given a copy of the processed and approved employment contract, including its improvements if any. Under no circumstances shall seafarers be allowed to leave for their respective vessels without a copy of the processed employment contract. Such contract shall be randomly checked at the airports.

6. PDOS providers for seafarers are directed to include in the Pre-departure Orientation Seminar (PDOS) of its hired seafarers, the provisions of the amended terms and conditions governing the employment of Filipino seafarers on board ocean-going ships.

This Circular shall take effect fifteen (15) days after publication in a newspaper of general circulation. EcATDH

(SGD.) NORIEL P. DEVANADERAOIC-Administrator

 

STANDARD TERMS AND CONDITIONS GOVERNING THE OVERSEAS

Definition of Terms:

For purposes of this contract, the following terms are defined as follows:

1. Allottee — refers to any person named or designated by the seafarer as the recipient of his remittance to the Philippines.

2. Basic Wage — refers to the salary of the seafarer exclusive of overtime, leave pay and other allowances and benefits.

3. Beneficiary(ies) — refers to the person(s) to whom the death compensation and other benefits due under the employment contract are payable in accordance with rules of succession under the Civil Code of the Philippines, as amended.

4. Compassionate Ground — refers to incidence of death of an immediate member of the seafarer's family which includes his parents, spouse and children if the seafarer is married or his parents if the seafarer is single.

5. Convenient Port — any port where it is practicable, economical, safe and convenient to repatriate the seafarer.

6. Dental Treatment — covers tooth extraction, or dental surgery if necessary, due to accident.

7. Departure — refers to the actual departure from the point of hire of the seafarer through air, sea or land travel transport to join his ship at a Philippine or foreign port.

8. Manning Agency — refers to any person, partnership or corporation duly licensed by the Secretary of Labor and Employment to engage in the recruitment and placement of seafarers for ships plying international waters and for related maritime activities.

9. Philippine Port — refers to any Philippine airport or seaport.

10. Point of Hire — refers to the place indicated in the contract of employment which shall be the basis for determining commencement and termination of contract. CaASIc

11. Pre-existing illness — an illness shall be considered as pre-existing if prior to the processing of the POEA contract, any of the following conditions are present:

a. The advice of a medical doctor on treatment was given for such continuing illness or condition; or

b. The seafarer had been diagnosed and has knowledge of such an illness or condition but failed to disclose the same during pre-employment medical examination (PEME), and such cannot be diagnosed during the PEME.

12. Principal/Employer/Company — any person, partnership or corporation hiring Filipino seafarers to work onboard ocean-going ships.

13. Regular Working Hours — refers to the seafarer's eight (8) hour working hours within a period of 24 hours.

14. Seafarer — refers to any person who is employed or engaged in overseas employment in any capacity on board a ship other than a government ship used for military or non-commercial purposes.

15. Shipwreck — refers to the damage or destruction of a ship at sea caused by collision, storm, grounding or any other marine peril at sea or in port rendering the ship absolutely unable to pursue her voyage.

16. Work-Related Illness — any sickness as a result of an occupational disease listed under Section 32-A of this Contract with the conditions set therein satisfied.

17. Work-Related Injury — injury arising out of and in the course of employment.

SECTION 1. Duties. —

A. Duties of the Principal/Employer/Master/Company:

1. To faithfully comply with the stipulated terms and conditions of this contract, particularly the prompt payment of wages, remittance of allotment and the expeditious settlement of valid claims of the seafarer.

2. To extend coverage to the seafarers under the Philippine Social Security System (SSS), Philippine Health Insurance Corporation (PhilHealth), Employees' Compensation Commission (ECC) and Home Development Mutual Fund (Pag-IBIG Fund), unless otherwise provided in multilateral or bilateral agreements entered into by the Philippine government with other countries. acITSD

3. To make operational on board the ship the grievance machinery provided in this contract and ensure its free access at all times by the seafarer.

4. To provide a seaworthy ship for the seafarer and take all reasonable precautions to prevent accident and injury to the crew including provision of safety equipment, fire prevention, safe and proper navigation of the ship and such other precautions necessary to avoid accident, injury or sickness to the seafarer.

5. To observe the Code of Ethics for Seafarers and conduct himself in the traditional decorum of a master.

6. To provide a workplace conducive for the promotion and protection of the health of the seafarers in accordance with the standards and guidelines in Title 4 of the ILO Maritime Labor Convention, 2006.

B. Duties of the Seafarer:

1. To faithfully comply with and observe the terms and conditions of this contract, violation of which shall be subject to disciplinary action pursuant to Section 33 of this contract.

2. To abide by the Code of Discipline as provided in the POEA rules and regulations governing overseas contract workers and the Code of Ethics for Seafarers.

3. To be obedient to the lawful commands of the Master or any person who shall lawfully succeed him and to comply with the company policy including safety policy and procedures and any instructions given in connection therewith.

4. To be diligent in his duties relating to the ship, its stores and cargo, whether on board, in boats or ashore.

5. To conduct himself at all times in an orderly and respectful manner towards shipmates, passengers, shippers, stevedores, port authorities and other persons on official business with the ship.

6. To take personal responsibility for his health while onboard by practicing a healthy lifestyle which includes taking medications and lifestyle changes as prescribed by the company-designated doctor. ACDIcS

SECTION 2. Commencement/Duration of Contract. —

A. The employment contract between the employer and the seafarer shall commence upon actual departure of the seafarer from the Philippine airport or seaport in the point of hire and with a POEA approved contract. It shall be effective until the seafarer's date of arrival at the point of hire upon termination of his employment pursuant to Section 18 of this Contract.

B. The period of employment shall be for a period mutually agreed upon by the seafarer and the employer but not to exceed 12 months. Any extension of the contract shall be subject to mutual consent of both parties.

SECTION 3. Free Passage from the Point of Hire to the Port of Embarkation. —

The seafarer shall join the ship and be available for duty at the date and time specified by the employer. The seafarer shall travel by air or as otherwise directed at the expense of the employer.

SECTION 4. Baggage Allowance. —

The seafarer traveling by air to join a ship or on repatriation shall be entitled to the normal free baggage allowance offered by the airlines. The cost of the excess baggage shall be for the account of the seafarer.

SECTION 5. Hygiene and Vaccination. —

A. The seafarer shall keep his quarters and other living spaces such as: mess rooms, toilets, bathrooms, alleyways and recreation rooms in clean and tidy condition to the satisfaction of the master. Such work is to be performed outside the seafarer's regular working hours and for which no overtime pay shall be claimed.

B. The seafarer shall submit to the order of the master or to the laws of any country within the territorial jurisdiction of which the ship may enter to have such vaccination or inoculation or to undertake measures to safeguard his health and the entire crew complement.

C. The company/employer shall ensure that the seafarer shall be informed on the cause, prevention and consequences of HIV/AIDS.

SECTION 6. Wages. —

A. All seafarers shall be paid for their work regularly and in full in accordance with this contract. They shall be paid monthly wages not later than 15 days of the succeeding month from the date of commencement of the contract until the date of arrival at point of hire upon termination of their employment pursuant to Section 18 of this contract. acIASE 

B. Seafarers shall be given a monthly account of the payments due and the amounts paid to them, including wages, additional payments and the rate of exchange used.

SECTION 7. Payment on Board. —

Payment of shipboard pay in foreign ports shall be subject to the currency control regulations at the port abroad and to the official rate of exchange prevailing at the time of payment. Advances shall be at the master's/employer's discretion and in accordance with the foregoing conditions.

SECTION 8. Allotments and Remittances. —

A. The seafarer is required to make an allotment which shall be payable once a month to his designated allottee in the Philippines through any authorized Philippine bank. The principal/employer/master/company shall provide the seafarer with facilities to do so at no expense to the seafarer. The allotment shall be at least eighty percent (80%) of the seafarer's monthly basic salary.

B. The principal/employer/master/company may also provide facilities for the seafarer to remit any amount earned in excess of his allotment, including backwages, if any, to his designated allottee in the Philippines through any authorized Philippine bank without any charge to him.

C. The allotments shall be paid to the designated allottee in Philippine currency at the rate of exchange indicated in the credit advice of the local authorized Philippine bank.

SECTION 9. Final Wage Account & Certificate of Employment. —

The seafarer, upon his discharge, shall be given a written account of his final wages reflecting all deductions therefrom. Where a seafarer is landed in an emergency, the written account of his wages shall be given to him not later than one month from disembarkation. Upon the seafarer's request, he shall also be provided by his principal/employer/master/company his certificate of employment or service record without any charge.

SECTION 10. Hours of Work. —

A. The seafarer shall perform not more than forty-eight (48) hours of regular work a week. The hours of works shall be determined and prescribed by the master, provided that it conforms with the customary international practices and standards and as prescribed in paragraph B below.

B. Regular working hours for the seafarer shall be eight (8) hours in every 24 hours, midnight to midnight, Monday to Sunday. The normal practice is as follows: TaCDAH

1. The day worker shall observe the eight (8) regular working hours during the period from 0600 hours to 1800 hours.

2. The steward personnel shall observe the eight (8) regular working hours during the period from 0500 hours to 2000 hours.

3. The Radio Operator shall observe the eight (8) regular working hours in every twenty-four (24) hours, midnight to midnight, from Monday to Sunday as established by International Telecommunication Conventions and as prescribed by the master.

4. For those who are on sea watch, their working hours shall be eight (8) hours per day. Staggering of working hours will be at the master's discretion.

C. The record of the seafarer's daily hours of work or of his daily hours of rest shall be maintained to allow monitoring of compliance to the above provisions. The seafarer shall be provided a copy of the records pertaining to him which shall be endorsed by the master or a person authorized by the master, and by the seafarer.

 The seafarer shall be allowed reasonable rest period in accordance with international standards.

SECTION 11. Overtime & Holidays. —

A. The seafarer shall be compensated for all work performed in excess of the regular eight (8) hours as prescribed above. Overtime pay may be classified as open, fixed or guaranteed.

 In computing overtime, a fraction of the first hour worked shall be considered as one full hour. After the first hour overtime, any work performed which is less than thirty (30) minutes shall be considered as half an hour and more than thirty (30) minutes shall be considered one full hour.

B. Overtime work may be compensated at the following rates:

1. Open overtime — not less than 125 percent (125%) of the basic hourly rate computed based on two hundred eight (208) regular working hours per month.

2. Guaranteed or fixed overtime — not less than thirty percent (30%) of the basic monthly salary of the seafarer. This fixed rate overtime shall include overtime work performed on Sundays and holidays but shall not exceed one hundred five (105) hours a month. ECaHSI

3. Overtime work for officers shall be computed based on the fixed overtime rate.

4. For ratings, overtime work shall be based on guaranteed or open overtime rate, as mutually agreed upon by the contracting parties. For ratings paid on guaranteed overtime, overtime work in excess of 105 hours a month for ratings shall be further compensated by their hourly overtime rate.

C. Any hours of work or duty including hours of watchkeeping performed by the seafarer on designated rest days and holidays shall be paid rest day or holiday pay. The following shall be considered as holidays at sea and in port.

New Year's Day	-	January 1
Maundy Thursday	-	movable date
Good Friday	-	movable date
Araw ng Kagitingan (Bataan & Corregidor Day)	-	April 9
Labor Day	-	May 1
Independence Day	-	June 12
National Heroes Day	-	Last Sunday of
		August
All Saints Day	-	November 1
Bonifacio Day	-	November 30
Christmas Day	-	December 25
Rizal Day	-	December 30

D. Emergency Duty

 Nothing in this Contract shall be deemed to impair the right of the master of a ship to require a seafarer to perform any hours of work necessary for the immediate safety of the ship, persons on board or cargo, for the purpose of giving assistance to other ships or persons in distress at sea, or to conduct fire, boat, or emergency drill. Accordingly, the master may suspend the schedule of hours of work or hours of rest and require a seafarer to perform any hours of work necessary until the normal situation has been restored or the drill has been completed. As soon as practicable after the normal situation has been restored or the drill has been completed, the master shall ensure that any seafarer who have performed work in a scheduled rest period are provided with an adequate period of rest. ISHaTA

 No overtime work and pay shall be considered for such an emergency service or for fire, boat, or emergency drill.

SECTION 12. Leave Pay. —

The seafarer's leave pay shall be in accordance with the number of days leave per month as agreed upon. Days leave shall not be less than four and a half days (4 1/2) for each month of service and pro-rated. Leave pay shall be settled onboard or settled within two weeks after arrival of the seafarer at the point of hire.

SECTION 13. Shore Leave. —

The seafarer shall be allowed shore leave when practicable, upon the consent of the master or his deputy, taking into consideration the operations and safety of the ship.

SECTION 14. Subsistence, Ship Stores and Provisions. —

A. The seafarer shall be provided by the principal/employer/master/company with subsistence consistent with good maritime standards and practices while on board the ship.

B. All stores and provisions issued to the seafarer are only for use and consumption on board the ship and any unused or unconsumed stores or provisions shall remain the property of the employer. The seafarer shall not take ashore, sell, destroy or give away such stores and provisions.

SECTION 15. Transfer Clause. —

The seafarer agrees to be transferred at any port to any ship owned or operated, manned or managed by the same employer, provided it is accredited to the same manning agent and provided further that the position of the seafarer and the rate of his wages and terms of service are in no way inferior and the total period of employment shall not exceed that originally agreed upon.

Any form of transfer shall be documented and made available when necessary.

SECTION 16. Grievance Machinery. —

A. If the seafarer considers himself aggrieved, he shall make his complaint in accordance with the following procedures:

1. The seafarer shall first approach the head of the Department in which he is assigned to explain his grievance.

a. In the Deck, Radio and Catering Department, the head is the Chief Mate.

b. In the Engine Department, the head is the Chief Engineer. aCHcIE

c. In the Catering and/or Hotel Department in a passenger ship, the head is the Chief Steward and/or Purser.

2. The seafarer shall make his grievance in writing and in an orderly manner and shall choose a time when his complaint or grievance can be properly heard.

3. The seafarer may also seek the assistance of the highest-ranking Filipino seafarer on board.

4. The Department head shall deal with the complaint or grievance and where solution is not possible at his level, refer the complaint or grievance to the Master who shall handle the case personally.

5. If no satisfactory result is achieved, the seafarer concerned may appeal to the management of the company or with a Philippine Overseas Labor Office or consular officer overseas. The master shall afford such facilities necessary to enable the seafarer to transmit his appeal.

B. When availed of by the seafarer, the grievance procedure and all actions or decisions agreed upon shall be properly documented for the protection and interest of both parties.

C. The aggrieved seafarer whose employment is covered by an existing CBA shall elevate any unsatisfactory resolution of his grievance to voluntary arbitration as agreed upon under the CBA. The aggrieved party whose employment is not covered by an existing CBA may elevate his complaint to the Maritime Industry Labor Arbitration Council (MILA) prior to any other forum.

D. The foregoing procedures shall be without prejudice to other modes of voluntary settlement of disputes and to the jurisdiction of the Philippine Overseas Employment Administration (POEA) or the National Labor Relations Commission (NLRC) over any unresolved complaints arising out of shipboard employment that shall be brought before it by the seafarer. 

SECTION 17. Disciplinary Procedures. —

The Master shall comply with the following disciplinary procedures against an erring seafarer:

A. The Master shall furnish the seafarer with a written notice containing the following:

1. Grounds for the charges as listed in Section 33 of this Contract or analogous act constituting the same. AIaSTE

2. Date, time and place for a formal investigation of the charges against the seafarer concerned.

B. The Master or his authorized representative shall conduct the investigation or hearing, giving the seafarer the opportunity to explain or defend himself against the charges. These procedures must be duly documented and entered into the ship's logbook.

C. If after the investigation or hearing, the Master is convinced that imposition or a penalty is justified, the Master shall issue a written notice of penalty and the reasons for it to the seafarer, with copies furnished to the Philippine agent.

D. Dismissal for just cause may be effected by the Master without furnishing the seafarer with a notice of dismissal if there is a clear and existing danger to the safety of the crew or the ship. The Master shall send a complete report to the manning agency substantiated by witnesses, testimonies and any other documents in support thereof.

SECTION 18. Termination of Employment. —

A. The employment of the seafarer shall cease when the seafarer completes his period of contractual service aboard the ship, signs-off from the ship and arrives at the point of hire.

B. The employment of the seafarer is also terminated effective upon arrival at the point of hire for any of the following reasons:

1. When the seafarer signs-off and is disembarked for medical reasons pursuant to Section 20 (A) [5] of this Contract.

2. When the seafarer signs-off due to shipwreck, ship's sale, lay-up of ship, discontinuance of voyage or change of ship principal in accordance with Sections 22, 23 and 26 of this Contract.

3. When the seafarer, in writing, voluntarily resigns and signs off prior to expiration of contract pursuant to Section 19 (G) of this Contract.

4. When the seafarer is discharged for just cause as provided for in Section 33 of this Contract.

SECTION 19. Repatriation. —

A. If the ship is outside the Philippines upon the expiration of the contract, the seafarer shall continue his service on board until the ship's arrival at a convenient port and/or after arrival of the replacement crew provided that, in any case, the continuance of such service shall not exceed three months. The seafarer shall be entitled to earned wages and benefits as provided in his contract. TcCSIa

B. If the ship arrives at a convenient port before the expiration of the contract, the principal/employer/master/company may repatriate the seafarer from such port, provided the unserved portion of his contract is not more than one (1) month. The seafarer shall be entitled only to his earned wages and earned leave pay and to his basic wages corresponding to the unserved portion of the contract, unless within 60 days from disembarkation, the seafarer is rehired at the same rate and position, in which case the seafarer shall be entitled only to his earned wages and earned leave pay.

C. If the ship arrives at a convenient port within a period of three (3) months before the expiration of his contract, the principal/employer/master/company may repatriate the seafarer from such port provided that the seafarer shall be paid all his earned wages. In addition, the seafarer shall also be paid his leave pay for the entire contract period plus a termination pay equivalent to one (1) month of his basic pay, provided, however, that this mode of termination may only be exercised by the principal/employer/master/company if the original contract period of the seafarer is at least nine (9) months; provided, further, that the conditions for this mode of repatriation shall not apply to dismissal for cause.

D. The seafarer, if discharged at a port abroad for any reason shall be repatriated to the Philippines via sea or air or as may otherwise be directed by the principal/employer/company. He shall be provided with accommodation and food, allowances and medical treatment, if necessary, until he arrives at the point of hire.

E. When the seafarer is discharged for any just cause, the employer shall have the right to recover the costs of his replacement and repatriation from the seafarer's wages and other earnings.

F. The seafarer, when discharged and repatriated as directed by the principal/employer/master/company shall be entitled to basic wages from date of signing off until arrival at the point of hire except when the discharge is in accordance with the above or for disciplinary reasons.

 If the seafarer delays or makes a detour or proceeds to a destination other than through the travel itinerary arranged by the employer to the point of hire, the employment of the seafarer will be considered terminated at the time the seafarer signs off the ship and all additional expenses shall be to the seafarer's account. The seafarer shall be entitled to earned wages and basic wage calculated based on the original scheduled date of arrival at the point of hire. All other liabilities of the company in this event shall cease at the time the seafarer is terminated. Any illness, injury or death sustained by the seafarer, due to the above shall be considered non-work related and shall not be compensated. caHCSD

G. A seafarer who requests for early termination of his contract shall be liable for his repatriation cost as well as the transportation cost of his replacement. The employer may, in case of compassionate grounds, assume the transportation cost of the seafarer's replacement.

H. The seafarer shall report to the manning agency within 72 hours upon arrival at point of hire.

SECTION 20. Compensation and Benefits. —

A. Compensation and Benefits for Injury or Illness

 The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows:

1. The employer shall continue to pay the seafarer his wages during the time he is on board the ship.

2. If the injury or illness requires medical and/or dental treatment in a foreign port, the employer shall be liable for the full cost of such medical, serious dental, surgical and hospital treatment as well as board and lodging until the seafarer is declared fit to work or to be repatriated. However, if after repatriation, the seafarer still requires medical attention arising from said injury or illness, he shall be so provided at cost to the employer until such time he is declared fit or the degree of his disability has been established by the company-designated physician.

3. In addition to the above obligation of the employer to provide medical attention, the seafarer shall also receive sickness allowance from his employer in an amount equivalent to his basic wage computed from the time he signed off until he is declared fit to work or the degree of disability has been assessed by the company-designated physician. The period within which the seafarer shall be entitled to his sickness allowance shall not exceed 120 days. Payment of the sickness allowance shall be made on a regular basis, but not less than once a month. HTCISE

 The seafarer shall be entitled to reimbursement of the cost of medicines prescribed by the company-designated physician. In case treatment of the seafarer is on an out-patient basis as determined by the company-designated physician, the company shall approve the appropriate mode of transportation and accommodation. The reasonable cost of actual traveling expenses and/or accommodation shall be paid subject to liquidation and submission of official receipts and/or proof of expenses.

 For this purpose, the seafarer shall submit himself to a post-employment medical examination by a company-designated physician within three working days upon his return except when he is physically incapacitated to do so, in which case, a written notice to the agency within the same period is deemed as compliance. In the course of the treatment, the seafarer shall also report regularly to the company-designated physician specifically on the dates as prescribed by the company-designated physician and agreed to by the seafarer. Failure of the seafarer to comply with the mandatory reporting requirement shall result in his forfeiture of the right to claim the above benefits.

 If a doctor appointed by the seafarer disagrees with the assessment, a third doctor may be agreed jointly between the Employer and the seafarer. The third doctor's decision shall be final and binding on both parties.

4. Those illnesses not listed in Section 32 of this Contract are disputably presumed as work-related.

5. In case a seafarer is disembarked from the ship for medical reasons, the employer shall bear the full cost of repatriation in the event the seafarer is declared (1) fit for repatriation, or (2) fit to work but the employer is unable to find employment for the seafarer on board his former ship or another ship of the employer.

6. In case of permanent total or partial disability of the seafarer caused by either injury or illness the seafarer shall be compensated in accordance with the schedule of benefits enumerated in Section 32 of his Contract. Computation of his benefits arising from an illness or disease shall be governed by the rates and the rules of compensation applicable at the time the illness or disease was contracted.

 The disability shall be based solely on the disability gradings provided under Section 32 of this Contract, and shall not be measured or determined by the number of days a seafarer is under treatment or the number of days in which sickness allowance is paid. aScIAC

7. It is understood and agreed that the benefits mentioned above shall be separate and distinct from, and will be in addition to whatever benefits which the seafarer is entitled to under Philippine laws such as from the Social Security System, Overseas Workers Welfare Administration, Employees' Compensation Commission, Philippine Health Insurance Corporation and Home Development Mutual Fund (Pag-IBIG Fund). 

B. Compensation and Benefits for Death

1. In case of work-related death of the seafarer, during the term of his contract, the employer shall pay his beneficiaries the Philippine currency equivalent to the amount of Fifty Thousand US dollars (US$50,000) and an additional amount of Seven Thousand US dollars (US$7,000) to each child under the age of twenty-one (21) but not exceeding four (4) children, at the exchange rate prevailing during the time of payment.

2. Where death is caused by warlike activity while sailing within a declared war zone or war risk area, the compensation payable shall be doubled. The employer shall undertake appropriate war zone insurance coverage for this purpose.

3. It is understood and agreed that the benefits mentioned above shall be separate and distinct from, and will be in addition to whatever benefits which the seafarer is entitled to under Philippine laws from the Social Security System, Overseas Workers Welfare Administration, Employee's Compensation Commission, Philippine Health Insurance Corporation and Home Development Mutual Fund (Pag-IBIG Fund).

4. The other liabilities of the employer when the seafarer dies as a result of work-related injury or illness during the term of employment are as follows:

a. The employer shall pay the deceased's beneficiary all outstanding obligations due the seafarer under this Contract.

b. The employer shall transport the remains and personal effects of the seafarer to the Philippines at employer's expense except if the death occurred in a port where local government laws or regulations do not permit the transport of such remains. In case death occurs at sea, the disposition of the remains shall be handled or dealt with in accordance with the master's best judgment. In all cases, the employer/master shall communicate with the manning agency to advise for disposition of seafarer's remains. TcIHDa

c. The employer shall pay the beneficiaries of the seafarer the Philippine currency equivalent to the amount of One Thousand US dollars (US$1,000) for burial expenses at the exchange rate prevailing during the time of payment.

C. It is understood that computation of the total permanent or partial disability of the seafarer caused by the injury sustained resulting from warlike activities within the warzone area shall be based on the compensation rate payable within the warzone area as prescribed in this Contract.

D. No compensation and benefits shall be payable in respect of any injury, incapacity, disability or death of the seafarer resulting from his willful or criminal act or intentional breach of his duties, provided however, that the employer can prove that such injury, incapacity, disability or death is directly attributable to the seafarer.

E. A seafarer who knowingly conceals a pre-existing illness or condition in the Pre-Employment Medical Examination (PEME) shall be liable for misrepresentation and shall be disqualified from any compensation and benefits. This is likewise a just cause for termination of employment and imposition of appropriate administrative sanctions.

F. When requested, the seafarer shall be furnished a copy of all pertinent medical reports or any records at no cost to the seafarer.

G. The amounts paid to the seafarer due to accidental or natural death, or permanent total disablement by virtue of the provisions of RA 8042 as amended by RA 10022 and its implementing rules and regulations shall form part of and shall be deducted from the total amount that the seafarer is determined to be finally entitled to under this Contract.

H. Subsistence allowance benefit as provided in RA 8042, as amended by RA 10022. The principal/employer/company shall grant to the seafarer who is involved in a case or litigation for the protection of his rights in a foreign country, a subsistence allowance of at least One Hundred United States Dollars (US$100) per month for a maximum of six (6) months.

I. Compassionate Visit as provided in RA 8042, as amended by RA 10022. When a seafarer is hospitalized and has been confined for at least seven (7) consecutive days, he shall be entitled to a compassionate visit by one (1) family member or a requested individual. The employer shall pay for the transportation cost of the family member or requested individual to the major airport closest to the place of hospitalization of the seafarer. It is, however, the responsibility of the family member or requested individual to meet all visa and travel document requirements; AHaETS

J. The seafarer or his successor in interest acknowledges that payment for injury, illness, incapacity, disability or death and other benefits of the seafarer under this contract and under RA 8042, as amended by RA 10022, shall cover all claims in relation with or in the course of the seafarer's employment, including but not limited to damages arising from the contract, tort, fault or negligence under the laws of the Philippines or any other country.

SECTION 21. War and Warlike Operations Allowance. —

A. The POEA shall be the sole authority to determine whether the ship is within a war risk trading area. It shall also determine the amount of premium pay to which the seafarer shall be entitled to when sailing in that war-risk trading area.

B. The seafarer when sailing within a war-risk trading area shall be entitled to such premium pay as the POEA may determine through appropriate periodic issuances.

C. If at the time of the signing of the contract, an area is declared a war or war-risk trading area and the seafarer binds himself in writing to sail into that area, the agreement shall be properly appended to the Contract for verification and approval by the Philippine Overseas Employment Administration (POEA). The seafarer shall comply with the agreement or shall bear his cost of repatriation when he opts not to sail into a war or war-risk trading area.

D. If a war or warlike operations should arise during the term of this Contract in any country within the ship's trading area, the seafarer may sail with the ship within and out of the trading area if required by the Master.

SECTION 22. Termination Due to Shipwreck and Ship's Foundering. —

Where the ship is wrecked necessitating the termination of employment before the date indicated in the contract, the seafarer shall be entitled to earned wages, medical examination at employer's expense to determine his fitness to work, repatriation at employer's cost and one month basic wage as termination pay.

In case of termination of employment of the seafarer before the expiration of the term of his contract due to shipwreck, actual or constructive total loss or foundering of the ship, the seafarer shall be entitled to earned wages, medical examination at employer's expense to determine his fitness to work, repatriation at employer's cost and one month basic wage as termination pay. AacDHE

SECTION 23. Termination Due to Sale of Ship, Lay-Up or Discontinuance of Voyage. —

Where the ship is sold, laid up, or the voyage is discontinued necessitating the termination of employment before the date indicated in the Contract, the seafarer shall be entitled to earned wages, repatriation at employer's cost and one (1) month basic wage as termination pay, unless arrangements have been made for the seafarer to join another ship belonging to the same principal to complete his contract in which case the seafarer shall be entitled to basic wages until the date of joining the other ship.

SECTION 24. Termination Due to Unseaworthiness. —

A. If the ship is declared unseaworthy by a classification society, port state or flag state, the seafarer shall not be forced to sail with the ship.

B. If the ship's unseaworthiness necessitates the termination of employment before the date indicated in the Contract, the seafarer shall be entitled to earned wages, repatriation at cost to the employer and termination pay equivalent to one (1) month basic wage.

SECTION 25. Termination Due to Regulation 1/4, Control Procedures of the 1978 STCW Convention, as Amended. —

If the seafarer is terminated and/or repatriated as a result of port state control procedures/actions in compliance with Regulation 1/4 of the 1978 STCW Convention, as amended, his termination shall be considered valid. However, he shall be entitled to repatriation and earned wages and benefits only.

SECTION 26. Change of Principal. —

A. Where there is a change of Principal of the ship necessitating the pre-termination of employment of the seafarer; the seafarer should be entitled to earned wages and repatriation at employer's expense. He shall also be entitled to one (1) month basic pay as termination pay.

B. In case arrangements have been made for the seafarer to directly join another ship of the same Principal to complete his contract, he shall only be entitled to basic wage from the date of his disembarkation from his former ship until the date of his joining the new ship.

SECTION 27. Loss of or Damage to Crew's Effects by Marine Peril. —

A. The seafarer shall be reimbursed by the employer the full amount of loss or damage to his personal effects but in no case shall the amount exceed the Philippine currency equivalent to the amount of Two Thousand US dollars (US$2,000) if his personal effects are lost or damaged as a result of the wreck or loss or stranding or abandonment of the ship or as a result of fire, flooding, collision or piracy.

B. In case of partial loss, the amount shall be determined by mutual agreement of both parties but in no case to exceed the Philippine currency equivalent to the amount of Two Thousand US dollars (US$2,000).

C. Reimbursement for loss or damage to the seafarer's personal effects shall not apply if such loss or damage is due to (a) the seafarer's own fault; (b) larceny or theft or (c) robbery.

D. Payment of any reimbursement shall be computed at the rate of exchange prevailing at the time of payment.

SECTION 28. General Safety. —

A. The seafarer shall observe and follow any regulation or restriction that the master may impose concerning safety, drug and alcohol and environmental protection. 

B. The seafarer shall make use of all appropriate safety equipment provided him and must ensure that he is suitably dressed from the safety point of view for the job at hand. HaTSDA

SECTION 29. Dispute Settlement Procedures. —

In cases of claims and disputes arising from this employment, the parties covered by a collective bargaining agreement shall submit the claim or dispute to the original and exclusive jurisdiction of the voluntary arbitrator or panel of voluntary arbitrators. If the parties are not covered by a collective bargaining agreement, the parties may at their option submit the claim or dispute to either the original and exclusive jurisdiction of the National Labor Relations Commission (NLRC), pursuant to Republic Act (RA) 8042 otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995, as amended, or to the original and exclusive jurisdiction of the voluntary arbitrator or panel of arbitrators. If there is no provision as to the voluntary arbitrators to be appointed by the parties, the same shall be appointed from the accredited voluntary arbitrators of the National Conciliation and Mediation Board of the Department of Labor and Employment.

The Philippine Overseas Employment Administration (POEA) shall exercise original and exclusive jurisdiction to hear and decide disciplinary action on cases, which are administrative in character, involving or arising out of violations of recruitment laws, rules and regulations involving employers, principals, contracting partners and Filipino seafarers.

SECTION 30. Prescription of Action. —

All claims arising from this contract shall be made within three (3) years from the date the cause of action arises, otherwise the same shall be barred.

SECTION 31. Applicable Law. —

Any unresolved dispute, claim or grievance arising out of or in connection with this contract including the annexes thereof, shall be governed by the laws of the Republic of the Philippines, international conventions, treaties and covenants to which the Philippines is a signatory.

SECTION 32. Schedule of Disability or Impediment for Injuries Suffered and Diseases Including Occupational Diseases or Illness Contracted. —

Head

Traumatic head injuries that result to:

1. Apperture unfilled with bone not over three (3) inches without brain injury — Gr. 9 DCaEAS

2. Unfilled with bone over three (3) inches without brain injury — Gr. 3

3. Severe paralysis of both upper or lower extremities or one upper and one lower extremity — Gr. 1

4. Moderate paralysis of two (2) extremities producing moderate difficulty in movements with self-care activities — Gr. 10

5. Slight paralysis affecting one extremity producing slight difficulty with self-care activities — Gr. 10

6. Severe mental disorder or Severe Complex Cerebral function disturbance or post-traumatic psychoneurosis which require regular aid and attendance as to render worker permanently unable to perform any work — Gr. 1

7. Moderate mental disorder or moderate brain functional disturbance which limits worker to the activities of daily living with some directed care or attendance — Gr. 6

8. Slight mental disorder or disturbance that requires little attendance or aid and which interferes to a slight degree with the working capacity of the claimant — Gr. 10

9. Incurable imbecility — Gr. 1

Face

1. Severe disfigurement of the face or head as to make the worker so repulsive as to greatly handicap him in securing or retaining — Gr. 2

2. Moderate facial disfigurement involving partial ablation of the nose with big scars on face or head — Gr. 5

3. Partial ablation of the nose or partial avulsion of the scalp — Gr. 9

4. Complete loss of the power of mastication and speech function — Gr. 1

5. Moderate constriction of the jaw resulting in moderate degree of difficulty in chewing and moderate loss of the power or the expression of speech — Gr. 6

6. Slight disorder of mastication and speech function due to traumatic injuries to jaw or cheek bone — Gr. 12

Eyes

1. Blindness or total and permanent loss of vision of both eyes — Gr. 1

2. Total blindness of one (1) eye and fifty percent (50%) loss of vision of the other eye — Gr. 5

3. Loss of one eye or total blindness of one eye — Gr. 7

4. Fifty percent (50%) loss of vision of one eye — Gr. 10

5. Lagopthalmos, one eye — Gr. 12

6. Ectropion, one eye — Gr. 12

7. Ephiphora, one eye — Gr. 12

8. Ptosis, one eye — Gr. 12

Note: (Smeller's Chart — used to grade for near and distant vision).

Nose and Mouth

1. Considerable stricture of the nose (both sides) hindering breathing — Gr. 11

2. Loss of the sense of hearing in one ear — Gr. 11

3. Injuries to the tongue (partial amputation or adhesion) or palate-causing defective speech — Gr. 10 DCcSHE

4. Loss of the three (3) teeth restored by prosthesis — Gr. 14

Ears

1. For the complete loss of the sense of hearing on both ears — Gr. 3

2. Loss of two (2) external ears — Gr. 8

3. Complete loss of the sense of hearing in one ear — Gr. 11

4. Loss of one external ear — Gr. 12

5. Loss of one half (1/2) of an external ear — Gr. 14

Neck

1. Such injury to the throat as necessitates the wearing of a tracheal tube — Gr. 6

2. Loss of speech due to injury to the vocal cord — Gr. 9

3. Total stiffness of neck due to fracture or dislocation of the cervical pines — Gr. 8

4. Moderate stiffness or two thirds (2/3) loss of motion of the neck — Gr. 10

5. Slight stiffness of the neck or one third (1/3) loss of motion — Gr. 12

Chest-Trunk-Spine

1. Fracture of four (4) or more ribs resulting to severe limitation of chest — Gr. 6

2. Fracture of four (4) or more ribs with intercostal neuralgia resulting in moderate limitation of chest expansion — Gr. 9

3. Slight limitation of chest expansion due to simple rib functional without myositis or intercostal neuralgia — Gr. 12

4. Fracture of the dorsal or lumber spines resulting severe or total rigidity of the trunk or total loss of lifting power of heavy objects — Gr. 6

5. Moderate rigidity or two thirds (2/3) loss of motion or lifting power of the trunk — Gr. 8

6. Slight rigidity or one third (1/3) loss of motion or lifting power of the trunk — Gr. 11 CIAacS

7. Injury to the spinal cord as to make walking impossible without the aid of a pair of crutches — Gr. 4

8. Injury to the spinal cord as to make walking impossible even with the aid of a pair of crutches — Gr. 1

9. Injury to the spinal cord resulting to incontinence of urine and feces — Gr. 1

Abdomen

1. Loss of the spleen — Gr. 8

2. Loss of one kidney — Gr. 7

3. Severe residuals of impairment of intra-abdominal organs which requires regular aid and attendance that will unable worker to seek any gainful employment — Gr. 1

4. Moderate residuals of disorder of the intra-abdominal organs secondary to trauma resulting to impairment of nutrition, moderate tenderness, nausea, vomiting, constipation or diarrhea — Gr. 7

5. Slight residuals or disorder of the intra-abdominal organs resulting in impairment of nutrition, slight tenderness and/or constipation or diarrhea — Gr. 12

6. Inguinal hernia secondary to trauma or strain — Gr. 12

Pelvis

1. Fracture of the pelvic rings as to totally incapacitate worker to work — Gr. 1

2. Fracture of the pelvic ring resulting to deformity and lameness — Gr. 6

Urinary and Generative Organs

1. Total loss of penis — Gr. 7

2. Total loss of both testicles — Gr. 7

3. Total loss of one testicle — Gr. 11

4. Scars on the penis or destruction of the parts of the cavernous body or urethra interfering with erection or markedly affecting coitus — Gr. 9

5. Loss of one breast — Gr. 11

6. Prolapse of the uterus — Gr. 13 ICHcaD

7. Great difficulty in urinating — Gr. 13

8. Incontinence of urine — Gr. 10

Thumbs and Fingers

1. Total loss of one thumb including metacarpal bone — Gr. 9

2. Total loss of one thumb — Gr. 10

3. Total loss of one index finger including metacarpal bone — Gr. 10

4. Total loss of one index finger — Gr. 11

5. Total loss of one middle finger including metacarpal bone — Gr. 11

6. Total loss of one middle finger — Gr. 12

7. Total loss of one ring finger including metacarpal bone — Gr. 12

8. Total loss of one ring finger — Gr. 13

9. Total loss of one small finger including metacarpal bone — Gr. 13

10. Total loss of one small finger — Gr. 14

11. Loss of two or more fingers. Compensation for the loss of use of two (2) or more fingers or one (1) or more phalanges of two or more digits of a hand must be proportioned to the loss of the hand occasioned thereby but shall not exceed the compensation for the loss of a hand:

a. Loss of five (5) fingers of one hand — Gr. 6

b. Loss of thumb, index fingers and any of 2 or more fingers of the same hand — Gr. 6

c. Loss of the thumb, index finger and any one of the remaining fingers of the same hand — Gr. 7

d. Loss of thumb and index finger — Gr. 8

e. Loss of three (3) fingers of one hand not including thumb and index finger — Gr. 9

f. Loss of the index finger and any one of the other fingers of the same hand excluding thumb — Gr. 9

g. Loss of two (2) digits of one hand not including thumb and index finger — Gr. 10 HCEcAa

12. Loss of ten (10) fingers of both hands — Gr. 3

Hands

1. Total loss of use of both hands or amputation of both hands at wrist joints or above — Gr. 1

2. Amputation of a hand at carpo-metacarpal joints — Gr. 5

3. Amputation between wrist and elbow joint — Gr. 5

4. Loss of grasping power for small objects between the fold of the finger of one hand — Gr. 10

5. Loss of grasping power for large objects between fingers and palm of one hand — Gr. 10

6. Loss of opposition between the thumb and tips of the fingers of one hand — Gr. 9

7. Ankyclosed wrist in normal position — Gr. 10

8. Ankyclosed wrist in position one third (1/3) flexed or half extended and/or severe limited action of a wrist — Gr. 11

Shoulder and Arm

1. Inability to turn forearm (forearm in normal position — supination) — Gr. 11

2. Inability to turn forearm (forearm in abnormal position — pronation) — Gr. 10

3. Disturbance of the normal carrying angle or weakness of an arm or a forearm due to deformity of moderate atrophy of muscles — Gr. 11 

4. Stiff elbow at full flexion or extension (one side) — Gr. 7

5. Stiff elbow at right angle flexion — Gr. 8

6. Flail elbow joint — Gr. 9

7. Pseudoarthrosis of the humerus with musculospiral or radial paralysis — Gr. 6

8. Ankylosis of one (1) shoulder, the shoulder blade remaining mobile — Gr. 9

9. Ankylosis of one shoulder, the shoulder blade remaining rigid — Gr. 8

10. Unreduced dislocation of one (1) shoulder — Gr. 8

11. Ruptured biceps or pseudoarthrosis of the humerus, close (one side) — Gr. 11 ICHcTD

12. Inability to raise arm more than halfway from horizontal to perpendicular — Gr. 11

13. Ankylosis of the shoulder joint not permitting arm to be raised above a level with a shoulder and/or irreducible fracture or faulty union collar bone — Gr. 10

14. Total paralysis of both upper extremities — Gr. 1

15. Total paralysis of one upper extremity — Gr. 3

16. Amputation of one (1) upper extremity at or above the elbow — Gr. 4

17. Scar the size of the palm in one extremity — Gr. 14

Lower Extremities

1. Loss of a big toe — Gr. 12

2. Loss of a toe other than the big one — Gr. 14

3. Loss of ten (10) digits of both feet — Gr. 5

4. Loss of a great toe of one foot + one toe — Gr. 10

5. Loss of two toes not including great toe or next to it — Gr. 12

6. Loss of three (3) toes excluding great toe of a foot — Gr. 10

7. Loss of four (4) excluding great toe of a foot — Gr. 9

8. Loss of great toe and two (2) other toes of the same foot — Gr. 9

9. Loss of five digits of a foot — Gr. 8

10. Loss of both feet at ankle joint or above — Gr. 1

11. Loss of one foot at ankle joint or above — Gr. 6

12. Depression of the arch of a foot resulting in weak foot — Gr. 12

13. Loss of one half (1/2) metatarsus of one (1) foot — Gr. 8

14. Loss of whole metatarsus or forepart of foot — Gr. 7

15. Tearing of achilles tendon resulting in the impairment of active flexion and extension of a foot — Gr. 12

16. Malleolar fracture with displacement of the foot inward or outward — Gr. 10 DcITHE

17. Complete immobility of an ankle joint in abnormal position — Gr. 10

18. Complete immobility of an ankle joint in normal position — Gr. 11

19. Total loss of a leg or amputation at or above the knee — Gr. 3

20. Stretching leg of the ligaments of a knee resulting in instability of the joint — Gr. 10

21. Ankylosis of a knee in genuvalgum of varum — Gr. 10

22. Pseudoarthrosis of a knee cap — Gr. 10

23. Complete immobility of a knee joint in full extension — Gr. 10

24. Complete immobility of a knee joint in strong flexion — Gr. 7

25. Complete immobility of a hip joint in flexion of the thigh — Gr. 5

26. Complete immobility of a hip joint in full extension of the thigh — Gr. 9

27. Slight atrophy of calf of leg muscles without apparent shortening or joint lesion or disturbance of weight-bearing line — Gr. 13

28. Shortening of a lower extremity from one to three centimeters with either joint lesion or disturbance of weight-bearing joint — Gr. 13

29. Shortening of 3 to 6 cm with slight atrophy of calf or thigh muscles — Gr. 12

30. Shortening of 3 to 6 cm with either joint lesion or disturbance of weight-bearing joint — Gr. 11

31. Irregular union of fracture with joint stiffness and with shortening of 6 to 9 cm producing permanent lameness — Gr. 9

32. Irregular union of fracture in a thigh or leg with shortening of 6 to 9 cms — Gr. 10

33. Failure of fracture of both hips to unite — Gr. 1

34. Failure of fracture of a hip to unite — Gr. 3

35. Paralysis of both lower extremities — Gr. 1 IaSCTE

36. Paralysis of one lower extremity — Gr. 3

37. Scar the size of a palm or larger left on an extremity — Gr. 14

NOTE: Any item in the schedule classified under Grade 1 shall be considered or shall constitute total and permanent disability.

Schedule of Disability Allowances

Impediment Grad		Impediment
1	US$50,000	x	120.00%
2	"	x	88.81%
3	"	x	78.36%
4	"	x	68.66%
5	"	x	58.96%
6	"	x	50.00%
7	"	x	41.80%
8	"	x	33.59%
9	"	x	26.12%
10	"	x	20.15%
11	"	x	14.93%
12	"	x	10.45%
13	"	x	6.72%
14	"	x	3.74%

To be paid in Philippine Currency equivalent at the exchange rate prevailing during the time of payment.

SECTION 32-A. Occupational Diseases. —

For an occupational disease and the resulting disability or death to be compensable, all of the following conditions must be satisfied:

1. The seafarer's work must involve the risks described herein;

2. The disease was contracted as a result of the seafarer's exposure to the described risks;

3. The disease was contracted within a period of exposure and under such other factors necessary to contract it; and

4. There was no notorious negligence on the part of the seafarer.

The following diseases are considered as occupational when contracted under working conditions involving the risks described herein: SAHITC

Occupational Disease	Nature of Employment
1.	Cancer of the epithelial of the bladder	Work involving exposure to
	(Papilloma of the bladder)	alphanapthylamine, betanaphathylamin, or
			benzidine of any part of the salts; and
			auramine or magenta
2.	Cancer, epithellomatous or ulceration of	The use or handling of, exposure to tar,
	the skin or of the corneal surface of the	pitch, bitumen, mineral oil (including
	eye due to tar, pitch, bitumen, mineral	paraffin) soot or any compound product or
	oil or paraffin, or compound product or	residue of any of these substances
	residue of these substances
3.	Deafness — severe profound hearing loss	Any industrial operation having excessive
	in an occupation where employee is	noise particularly in the higher frequencies
	exposed to prolonged, significant noise
	and vibration in his line of work
4.	Decompression sickness
	a.	Caissons disease	Any process carried on in compressed or
			rarefied air.
	b.	Aeroembolism	Any process carried on in rarefied air
5.	Dermatitis due to irritants and sensitizers	The use or handling of chemical agents
			which are skin irritants and sensitizers
6.	Infections	Work in connection with animals infected
	Pneumonia	with anthrax, handling of animal carcasses
	Bronchitis	or parts of such carcasses, including hides,
	Sinusitis	hoofs, and horns
	Pulmonary TB
	Anthrax
	Cellulitis
	Conjunctivitis (Bacterial and Viral)
	Norwalk Virus	Hepatitis A*, Norwalk, Salmonella
	Salmonella
	Leptospirosis
	Malaria
	Otitis Media
	Tetanus
	Viral Encephalitis
	Including other infections resulting in
	complications necessitating repatriation.
7.	Ionizing radiation disease, inflammation,	Exposure to x-rays, ionizing particles of
	ulceration or malignant disease of the skin	radium or other radioactive substances or
	or subcutaneous tissues of the bones or	other forms of radiant energy
	leukemia, or anemia of the aplastic type
	due to x-rays, ionizing particle, radium
	or other radioactive substances
	a.	Acute radiation syndrome	Short duration of exposure to large doses of
			x-rays, gamma rays, alpha rays and beta rays
	b.	Chronic radiation syndrome	Chronic over-exposure to x-rays with a long
			latent period affecting the skin, blood and
			reproductive organ
	c.	Glass Blower's cataract	Among furnace men, glass blowers, baker,
			blacksmith, foundry workers. These are
			workers exposed to infrared rays.
8.	Poisoning and its sequelae caused by:
	a.	Ammonia	All work involving exposure to the risk
			concerned
	b.	Arsenic or its toxic compound	All work involving exposure to the risk
			concerned
	c.	Benzene or its toxic homologues;	All work involving exposure to the risk
		nitro and aminotoxic derivatives	concerned
	d.	Beryllium or its toxic compounds	All work involving exposure to the risk
			concerned
	e.	Brass, zinc or nickel	All work involving exposure to the risk
			concerned
	f.	Carbon dioxide	All work involving exposure to the risk
			concerned
	g.	Carbon bisulfide	All work involving exposure to the risk
			concerned
	h.	Carbon monoxide	All work involving exposure to the risk
			concerned
	i.	Chlorine	All work involving exposure to the risk
			concerned
	j.	Chrome or its toxic compounds	All work involving exposure to the risk
			concerned
	k.	Dinitrophenol or its homologue	All work involving exposure to the risk
			concerned
	l.	Halogen derivatives of hydrocarbon	All work involving exposure to the risk
		of the aliphatic series	concerned
	m.	Lead or its toxic compounds	All work involving exposure to the risk
			concerned
	n.	Manganese or its toxic compounds	All work involving exposure to the risk
			concerned
	o.	Mercury or its toxic compounds	All work involving exposure to the risk
			concerned
	p.	Nitrous fumes	All work involving exposure to the risk
			concerned
	q.	Phosgene	All work involving exposure to the risk
			concerned
	r.	Phosphorous or its toxic compounds	All work involving exposure to the risk
			concerned
	s.	Sulfur dioxide	All work involving exposure to the risk
			concerned
9.	Vascular disturbance in the upper	Any occupation causing repeated motions,
	extremities due to continuous vibration	vibrations and pressure of upper extremities
	from pneumatic tools or power drills,
	riveting machines or hammers
10.	Vascular disturbance in the lower	This is due to heavy straining upon the
	extremities — varicocoele causing pain,	lifting of heavy loads and prolonged
	varicose veins resulting in discoloration	standing
	and ulceration	Any occupation requiring prolonged
			standing and lifting of heavy loads
11.	Cardio-vascular events — to include
	heart attack, chest pain (angina), heart
	failure or sudden death. Any of the
	following conditions must be met:
	a.	If the heart disease was known to	a.	if a person who was apparently
		have been present during employment,		asymptomatic before working showed
		there must be proof that an acute		signs and symptoms of cardiac injury
		exacerbation was clearly precipitated		during the performance of his/her work
		by an unusual strain by reasons of		and such symptoms and signs persisted,
		the nature of his work		it is reasonable to claim a causal
				relationship
	b.	the strain of work that brings about	b.	if a person is a known hypertensive or
		an acute attack must be sufficient		diabetic, he should show compliance
		severity and must be followed within		with prescribed maintenance
		24 hours by the clinical signs of a		medications and doctor-recommended
		cardiac insult to constitute causal		lifestyle changes. The employer shall
		relationship		provide a workplace conducive for such
				compliance in accordance with Section 1
				(A) paragraph 6.
	c.	If a person who was apparently	c.	in a patient not known to have
		asymptomatic before being subjected		hypertension or diabetes as indicated on
		to strain at work showed signs and		his last PEME
		symptoms of cardiac injury during the
		performance of his work and such
		symptoms and signs persisted, it is
		reasonable to claim a causal
		relationship
	d.	if a person is a known hypertensive
		or diabetic, he should show compliance
		with prescribed maintenance
		medications and doctor-recommended
		lifestyle changes. The employer shall
		provide a workplace conducive for
		such compliance in accordance with
		Section 1 (A) paragraph 5
	e.	in a patient not known to have
		hypertension or diabetes, as indicated
		on his last PEME
12.	Cerebro-vascular events
	All of the following conditions must be
	met:
	a.	If the heart disease was known to have	a.	if a person who was apparently
		been present during employment,		asymptomatic before working showed
		there must be proof that an acute		signs and symptoms of cardiac injury
		exacerbation was clearly precipitated		during the performance of his/her work
		by an unusual strain by reasons of the		and such symptoms and signs persisted,
		nature of his work		it is reasonable to claim a causal
				relationship
	b.	the strain of work that brings about	b.	if a person is a known hypertensive
		an acute attack must be sufficient		or diabetic, he should show compliance
		severity and must be followed within		with prescribed maintenance
		24 hours by the clinical signs of a		medications and doctor-recommended
		cardiac insult to constitute causal		lifestyle changes. The employer shall
		relationship		provide a workplace conducive for such
				compliance in accordance with Section 1
				(A) paragraph 5.
	c.	If a person who was apparently	c.	in a patient not known to have
		asymptomatic before being subjected		hypertension or diabetes as indicated on
		to strain at work showed signs and		his last PEME
		symptoms of cardiac injury during the
		performance of his work and such
		symptoms and signs persisted, it is
		reasonable to claim a causal
		relationship
	d.	if a person is a known hypertensive
		or diabetic, he should show
		compliance with prescribed
		maintenance medications and doctor
		-recommended lifestyle changes. The
		employer shall provide a workplace
		conducive for such compliance in
		accordance with Section 1 (A)
		paragraph 5
	e.	in a patient not known to have
		hypertension or diabetes, as indicated
		on his last PEME
13.	End Organ Damage Resulting from
	Uncontrolled Hypertension
	Impairment of function of the organs such
	as kidneys, heart, eyes and brain under
	the following conditions considered
	compensable:
	a.	if a person is a known hypertensive or	a.	if a person who was apparently
		diabetic, he should show compliance		asymptomatic before working showed
		with prescribed maintenance		signs and symptoms of cardiac injury
		medications and doctor-recommended		during the performance of his/her work
		lifestyle changes. The employer shall		and such symptoms and signs persisted,
		provide a workplace conducive for		it is reasonable to claim a causal
		such compliance in accordance with		relationship
		Section 1 (A) paragraph
	b.	In a patient not known to have	b.	if a person is a known hypertensive or
		hypertension has the following on his		diabetic, he should show compliance
		last PEME: normal BP, normal CXR		with prescribed maintenance
		and ECG/treadmill		medications and doctor-recommended
				lifestyle changes. The employer shall
				provide a workplace conducive for such
				compliance in accordance with Section 1
				(A) paragraph 6.
14.	Cataract and pterygium	Caused by prolonged exposure to UV light
			or welding, wind abrasion and sea breeze
15.	Poisoning by cadmium	Among workers in battery factories, who are
			exposed to cadmium fumes
16.	Acute myeloid leukemia	Secondary to prolonged benzene exposure
17.	Chronic lymphocytic leukemia	Secondary to prolonged benzene exposure
18.	Vitreal hemorrhage and retinal	Caused by the strain upon lifting of heavy
	detachment	loads
19.	Hernia. All of the following conditions must be met:
	a.	The hernia should be of recent origin;
	b.	Its appearance was accompanied by pain, discoloration and evidence of a tearing of
		the tissues;
	c.	The disease was immediately preceded by undue or severe strain arising out of and
		in the course of employment; a protrusion of mass should appear in the area
		immediately following the alleged strain.
20.	Bronchial Asthma — all of the following conditions must be met:
	a.	there is no evidence or history of asthma before employment;
	b.	the allergen is present in the working conditions;
	c.	sensitivity test to allergens in the working environment should yield positive results;
	d.	a provocative test should show positive results.
21.	Osteoarthritis. Any occupation involving:
	a.	Joint strain from carrying heavy loads, or unduly heavy physical labor, as among
		laborers and mechanics;
	b.	Minor or major injuries to the joint;
	c.	Excessive use or constant strenuous usage of a particular joint, as among sportsmen,
		particularly those who have engaged in the more active sports activities;
	d.	Extreme temperature changes (humidity, heat and cold exposures); and
	e.	Faulty work posture or use of vibratory tools.
22.	Peptic Ulcer
	Any occupation involving prolonged emotional or physical stress, as among professional
	people, transport workers and the like.
23.	Viral hepatitis
	In addition to working conditions already listed under Philippine Decree No. 626, as
	amended, any occupation involving exposure to a source of infection through ingestion of
	water, milk or other foods contaminated with hepatitis virus; provided that the physician
	determining the causal relationship between the employment and the illness should be
	able to indicate whether the disease of the afflicted worker manifested itself while he was
	so employed, knowing the incubation period thereof.
24.	Asbestosis. All of the following conditions must be met:
	a.	The seafarer must have been exposed to Asbestos dust in the work place, as duly
		certified to by the employer, or by a medical institution, or competent medical
		practitioner acceptable to or accredited by the System;
	b.	The chest X-ray report of the employee must show findings of asbestos or asbestos-
		related disease, e.g., pleural plaques, pleural thickening, effusion, neoplasm and
		interstitial fibrosis; and
	c.	In case of ailment is discovered after the seafarer's retirement/separation from the
		company, the claim must be filed with the System within three (3) years from
		discovery.

NOTE: Death or disability which is directly caused by sexually transmitted disease or arose from complications thereof shall not be compensable nor shall be entitled to the benefits provided in this Contract.

SECTION 33. Table of Offenses and Corresponding Administrative Penalties. —

A. Pursuant to Section 17 and 18 of the Contract, the disciplinary grounds listed in the Table of Offenses and Administrative Penalties hereunder or analogous acts thereto shall be penalized according to its gravity and frequency of commission, imposed by the Master of the ship. Such offenses shall be penalized as indicated.

B. Commission of a seafarer of any of the offenses enumerated in the Table of Offenses and Administrative Penalties hereunder or of similar offenses shall be ground for disciplinary administrative action at the POEA where the following corresponding penalty shall be imposed.

C. The penalties for administrative actions by the Master and/or the POEA provided herein shall be separate and distinct from whatever appropriate criminal action that may be filed against the seafarer.

Offenses		Agreed	Agreed
			Administrative	Administrative
			Penalties	Penalties
			(Imposed by the	(Imposed by POEA After
			Master)	Due Investigation)
1.	Smuggling or violation of
	any custom rules and
	regulations of the
	Philippines and of foreign
	ports
	a.	smuggling any taxable	Dismissal and to pay	1st Offense: One (1) year to
		item	cost of repatriation and	two (2) years suspension
			cost of his replacement	2nd Offense: Two (2) years
				and one (1) day suspension to
				delisting
	b.	possession or use of	Dismissal and to pay	1st Offense: Delisting
		prohibited drugs, narcotics	cost of repatriation and
		and other contraband	cost of his replacement
	c.	gun-running or possession	Dismissal and to pay	1st Offense: Delisting
		of explosives and the	cost of repatriation and
		like	cost of his replacement
	d.	abetting or conniving	Dismissal and to pay	1st Offense: Two (2) years to
		with others to commit	cost of repatriation and	three (3) years suspension
		smuggling	cost of his replacement	2nd Offense: Three (3) years
				and one (1) day suspension to
				delisting
	e.	misdeclaration of or	Dismissal and to pay	1st Offense: One (1) year to
		failing to declare articles	cost of repatriation and	two (2) years suspension
		leading to their seizure	cost of his replacement	2nd Offense: Two (2) years
		and fine to ship		and one (1) day suspension
				to delisting
	f.	misdeclaration of or	1st Offense: Reprimand	1st Offense: One (1) year to
		failing to declare articles	and warning	two (2) years suspension
		leading to their seizure	2nd Offense: Dismissal	2nd Offense: Two (2) years
		but ship not implicated	and to pay cost of	and one (1) day to three (3)
			repatriation and cost of	years suspension
			his replacement	3rd Offense: Three (3) years
				and one (1) day suspension to
				delisting
	g.	possession of	Dismissal and to pay	1st Offense: One (1) year to
		pornographic materials	cost of repatriation and	two (2) years suspension
		leading to its seizure and	cost of his replacement	2nd Offense: Two (2) years
		fine to ship		and one (1) day suspension
				to delisting
	h.	possession of child	Dismissal and to pay	1st Offense: One (1) year to
		pornography materials	cost of repatriation and	two (2) years suspension
		leading to its seizure and	cost of his replacement	2nd Offense: Two (2) years
		fine to ship		and one (1) day suspension
				to delisting
	i.	Any other violation which	1st Offense: Reprimand	1st Offense: One (1) year to
		will not implicate ship	and warning	two (2) years suspension
			2nd Offense: Dismissal	2nd Offense: Two (2) years
			and to pay cost of	and one (1) day suspension
			repatriation and cost of	to delisting
			his replacement
	j.	Any other violation which	Dismissal and to pay	1st Offense: (3) Three years
		will implicate the ship	cost of repatriation and	suspension to delisting
			cost of his replacement
2.	Desertion
	a.	deserting or attempting	Dismissal and to pay	1st Offense: Delisting
		to desert	cost of repatriation and
			cost of his replacement
	b.	advising, assisting or	Dismissal and to pay	1st Offense: Five (5) years
		persuading another to	cost of repatriation and	suspension to delisting
		desert	cost of his replacement
3.	Absence without leave
	a.	abandoning post or duty	Dismissal and to pay	1st Offense: One (1) year to
		without being properly	cost of repatriation and	two (2) years suspension
		relieved	cost of his replacement	2nd Offense: Two (2) years
				and one (1) day suspension
				to delisting
	b.	leaving the ship without	Dismissal and to pay	1st Offense: One (1) year to
		permission from	cost of repatriation and	two (2) years suspension
		responsible officers	cost of his replacement	2nd Offense: Two (2) years
		during working hours		and one (1) day suspension
				to delisting
	c.	Entrusting to others	Master's discretion (grave	1st Offense: Six (6) months to
		assigned duties without	or less grave, depending	one (1) year suspension from
		authority of department	on circumstances)	participation in the overseas
		head		employment program
				2nd Offense: One (1) year and
				one (1) day to two (2) years
				suspension
				3rd Offense: Two (2) years
				and one (1) day suspension to
				delisting
	d.	Leaving the ship	Master's discretion (grave	1st Offense: Six (6) months to
		without permission	or less grave, depending	one (1) year suspension from
			on circumstances)	participation in the overseas
				employment program
				2nd Offense: One (1) year and
				one (1) day to two (2) years
				suspension
				3rd Offense: Two (2) years
				and one (1) day suspension to
				delisting
4.	Sleeping on post while	Dismissal and to pay	1st Offense: One (1) year to
	on duty	cost of repatriation and	two (2) years suspension
			cost of his replacement	2nd Offense: Two (2) years
				and one (1) day suspension
				to delisting
5.	Insubordination
	a.	any act of disobedience	Dismissal and to pay	1st Offense: One (1) year to
		to lawful orders of a	cost of repatriation and	two (2) years suspension
		superior officer	cost of his replacement	2nd Offense: Two (2) years
				and one (1) day suspension
				to delisting
	b.	attempting to assault	Dismissal and to pay	1st Offense: Six (6) months to
		a superior officer	cost of repatriation and	one (1) year suspension from
			cost of his replacement	participation in the overseas
				employment program
				2nd Offense: One (1) year and
				one (1) day to two (2) years
				suspension
				3rd Offense: Two (2) years
				and one (1) day suspension to
				delisting from the POEA
				Registry
	c.	assaulting a superior	Dismissal and to pay	1st Offense: One (1) year to
		officer/other persons on	cost of repatriation and	two (2) years suspension
		business with the ship	cost of his replacement	2nd Offense: Two (2) years
		without the use of deadly		and one (1) day suspension
		weapon		to delisting
	d.	assaulting a superior	Dismissal and to pay	1st Offense: Delisting
		officer/other persons on	cost of repatriation and
		business with the ship	cost of his replacement
		with the use of deadly
		weapon
	e.	behaving with disrespect	Dismissal and to pay	1st Offense: Six (6) months to
		towards a superior officer	cost of repatriation and	one (1) year suspension
			cost of his replacement	2nd Offense: One (1) year and
				one (1) day to three (3) years
				suspension
				3rd Offense: Three (3) years
				and one (1) day suspension to
				delisting
	f.	insulting a superior officer	Dismissal and to pay	1st Offense: Six (6) months to
		by words or deed	cost of repatriation and	one (1) year suspension
			cost of his replacement	2nd Offense: One (1) year and
				one (1) day to three (3) years
				suspension
				3rd Offense: Three (3) years
				and one (1) day suspension to
				delisting
	g.	inciting another to	Dismissal and to pay	1st Offense: Six (6) months to
		commit insubordination	cost of repatriation and	one (1) year suspension
			cost of his replacement	2nd Offense: One (1) year and
				one (1) day to three (3) years
				suspension
				3rd Offense: Three (3) years
				and one (1) day suspension to
				delisting
6.	Drunkenness
	a.	drunk while on duty	Dismissal and to pay	1st Offense: Two (2) years to
			cost of repatriation and	three (3) years suspension
			cost of his replacement	2nd Offense: Two (2) years
				and one (1) day suspension
				to delisting
	b.	creating trouble on	1st Offense: Reprimand	1st Offense: Six (6) months to
		board due to	and warning	one (1) year suspension
		intoxication	2nd Offense: Dismissal	2nd Offense: One (1) year
			and to pay cost of	and one (1) day to three (3)
			repatriation and cost of	years suspension
			his replacement	3rd Offense: Three (3) years
				and one (1) day suspension to
				delisting
	c.	failure to perform	1st Offense: Reprimand	1st Offense: Six (6) months to
		assigned jobs due	and warning	one (1) year suspension
		to intoxication	2nd Offense: Dismissal	2nd Offense: One (1) year
			and to pay cost of	and one (1) day to three (3)
			repatriation and cost of	years suspension
			his replacement	3rd Offense: Three (3) years
				and one (1) day suspension to
				delisting
7.	Creating trouble outside	1st Offense: Reprimand	1st Offense: Six (6) months to
	the ship's premises	and warning	one (1) year suspension
			2nd Offense: Dismissal	2nd Offense: One (1) year
			and to pay cost of	and one (1) day to three (3)
			repatriation and cost of	years suspension
			his replacement	3rd Offense: Three (3) years
				and one (1) day suspension to
				delisting
8.	Gambling
	a.	which results in fighting	Dismissal and to pay	1st Offense: One (1) year to
		or any incident as to	cost of repatriation and	two (2) years suspension
		upset the harmonious	cost of his replacement	2nd Offense: Two (2) years
		relationship on board		and one (1) day suspension
		the ship		to delisting
	b.	any other form of	Master's discretion	1st Offense: Six (6) months to
		gambling which is not	(grave or less grave,	one (1) year suspension
		purely recreational	depending on	2nd Offense: One (1) year
			circumstances)	and one (1) day to three (3)
				years suspension
				3rd Offense: Three (3) years
				and one (1) day suspension to
				delisting
9.	Violation of company
	policies and regulations
	for:
	a.	pilferage or theft of ship's	Dismissal and to pay	1st Offense: One (1) year to
		store or cargo	cost of repatriation and	two (2) years suspension
			cost of his replacement	2nd Offense: Two (2) years
				and one (1) day suspension
				to delisting
	b.	pilferage or theft of ships	Dismissal and to pay	1st Offense: One (1) year to
		property, of crews or	cost of repatriation and	two (2) years suspension
		passengers or other	cost of his replacement	2nd Offense: Two (2) years
		persons with business		and one (1) day suspension
		at the ship		to delisting
	c.	embezzlement of	Dismissal and to pay	1st Offense: One (1) year to
		company funds	cost of repatriation and	two (2) years suspension
			cost of his replacement	2nd Offense: Two (2) years
				and one (1) day suspension
				to delisting
	d.	unauthorized disposal	Dismissal and to pay	1st Offense: One (1) year to
		of company ship's	cost of repatriation and	two (2) years suspension
		properties for personal	cost of his replacement	2nd Offense: Two (2) years
		gain		and one (1) day suspension
				to delisting
	e.	any act of dishonesty	Dismissal and to pay	1st Offense: One (1) year to
		with intention to	cost of repatriation and	two (2) years suspension
		defraud the company	cost of his replacement	2nd Offense: Two (2) years
				and one (1) day suspension
				to delisting
	f.	gross negligence and	Dismissal and to pay	1st Offense: One (1) year to
		failure to observe proper	cost of repatriation and	two (2) years suspension
		storage and cargo	cost of his replacement	2nd Offense: Two (2) years
		handling procedures		and one (1) day suspension
		resulting in delay of		to delisting
		ships and/or damage
		to cargoes
	g.	failure to observe and	Master's discretion	1st Offense: Six (6) months to
		comply with regulation	(grave or less grave,	one (1) year suspension from
		and non-baggage	depending on	participation in the overseas
		shipment and	circumstances)	employment program
		acceptance of parcels		2nd Offense: One (1) year and
		on board		one (1) day to two (2) years
				suspension
				3rd Offense: Two (2) years
				and one (1) day suspension
				to delisting
	h.	failure to observe	1st Offense: Reprimand	1st Offense: Six (6) months to
		regulations on expiration	and warning	one (1) year suspension from
		of shore liberty	2nd Offense: Dismissal	participation in the overseas
			and to pay cost of	employment program
			repatriation and cost of	2nd Offense: One (1) year and
			his replacement	one (1) day to two (2) years
				suspension
				3rd Offense: Two (2) years
				and one (1) day suspension to
				delisting
	i.	being left behind by	Dismissal and to pay	1st Offense: Six (6) months to
		ship in foreign port	cost of repatriation and	one (1) year suspension from
		without justifiable	cost of his replacement	participation in the overseas
		reason		employment program
				2nd Offense: One (1) year and
				one (1) day to two (2) years
				suspension
				3rd Offense: Two (2) years
				and one (1) day suspension
				to delisting
	j.	disorderly conduct	Dismissal and to pay	1st Offense: One (1) year to
		and/or disrespect	cost of repatriation and	two (2) years suspension
		towards passengers or	cost of replacement	2nd Offense: Two (2) years
		other persons		and one (1) day suspension
				to delisting
	k.	for immorality so as to	Dismissal and to pay	1st Offense: One (1) year to
		cast aspersion on the	cost of repatriation and	two (2) years suspension
		good name of the ship	cost of his replacement	2nd Offense: Two (2) years
		and company		and one (1) day suspension
				to delisting
	l.	inflicting harm or injury	Dismissal and to pay	1st Offense: One (1) year to
		to others	cost of repatriation and	two (2) years suspension
			cost of his replacement	2nd Offense: Two (2) years
				and one (1) day suspension
				to delisting
10.	Incompetence and	Dismissal and to pay	1st Offense: Two (2) years to
	inefficiency	cost of repatriation and	three (3) years suspension
			cost of his replacement	2nd Offense: Three (3) years
				and one (1) day suspension to
				delisting
11.	Inciting mutiny, malicious	Dismissal and to pay	1st Offense: Two (2) years to
	destruction of ship's property	cost of repatriation and	three (3) years suspension
	at any activity which will	cost of his replacement	2nd Offense: Three (3) years
	hamper the efficient operation		and one (1) day suspension to
	of the ship		delisting
12.	Concerted action to breach	Dismissal and to pay	1st Offense: Two (2) years to
	approved contracts	cost of repatriation and	three (3) years suspension
			cost of his replacement	2nd Offense: Three (3) years
				and one (1) day suspension to
				delisting
13.	Any activity which tends to	Dismissal and to pay	1st Offense: One (1) year to
	destroy harmonious	cost of repatriation and	two (2) years suspension
	relationship of the company	cost of his replacement	2nd Offense: Two (2) years
				and one (1) day suspension to
				delisting
14.	Grave abuse of authority
	a.	grave abuse of authority	Dismissal and to pay	Delisting from POEA registry
		(with the use of deadly	cost of repatriation and
		weapon) resulting in	cost of his replacement
		harm or injury to
		subordinate
	b.	grave abuse of authority	Dismissal and to pay	1st Offense: Two (2) years to
		(without the use of deadly	cost of repatriation and	three (3) years suspension
		weapon) resulting in harm	cost of his replacement	2nd Offense: Two (2) years
		or injury to subordinate		and one (1) day suspension
				to delisting
	c.	any other case of abuse	Master's discretion (grave	1st Offense: One (1) year to
		of authority	or less grave, depending	two (2) years suspension
			on circumstances)	2nd Offense: Two (2) years
				and one (1) day to three (3)
				years suspension
				3rd Offense: Three (3) years
				and one (1) day suspension to
				delisting
15.	For gross misbehavior	1st Offense: Reprimand	1st Offense: One (1) year to
	prejudicial to good order	and warning	two (2) years suspension
	and discipline	2nd Offense: Dismissal	2nd Offense: Two (2) years
			and to pay cost of	and one (1) day suspension
			repatriation and cost	to delisting
				of his replacement
16.	Causing through neglect,	Master's discretion (grave	1st Offense: One (1) year to
	damage loss, spoilage or	or less grave, depending	two (2) years suspension
	deterioration of ship's	on circumstances)	2nd Offense: Two (2) years
	stocks and property		and one (1) day suspension
				to delisting
17.	Connivance with or	Dismissal and to pay	1st Offense: One (1) year to
	cuddling of stowaway	cost of repatriation and	two (2) years suspension
			cost of his replacement	2nd Offense: Two (2) years
				and one (1) day suspension to
				delisting
18.	Willfully making false	Dismissal and to pay	1st Offense: One (1) year to
	statement, reports,	cost of repatriation and	two (2) years suspension
	certification or documents	cost of his replacement	2nd Offense: Two (2) years
	for personal gain or		and one (1) day suspension to
	with intent to mislead		delisting
	or defraud the company
	or authorities
19.	Any other case as to cast	Master's discretion (grave	1st Offense: One (1) year to
	aspersion on the good	or less grave, depending	two (2) years suspension
	name of the company and	on circumstances)	2nd Offense: Two (2) years
	ship			and one (1) day suspension to
				delisting
20.	Violation to observe safety	Master's discretion (grave	1st Offense: One (1) year to
	and environmental rules/	or less grave, depending	two (2) years suspension
	regulations	on circumstances)	2nd Offense: Two (2) years
				and one (1) day suspension to
				delisting
21.	Failure to observe the drug	Dismissal and to pay cost	1st Offense: One (1) year to
	and alcohol policy of the	of repatriation and cost of	two (2) years suspension
	company	his replacement	2nd Offense: Two (2) years
				and one (1) day suspension to
				delisting