Senate Committee on Migrant Workers Chairperson Senator Raffy Tulfo convened a consultative meeting in the Senate with seafarers’ unions, manning agencies, seafarers’ wives, and other stakeholders to hear their thoughts on the Magna Carta of Filipino Seafarers.
Tulfo called for a meeting amidst the spread of misleading information about the law, such as the false claim that seafarers’ salaries have been reduced because of the Magna Carta–something that is not in any of the law’s provisions.
The legislator clarified that the confusion may stem from the new 80% mandatory allotment provision.
Under the IRR of the law, the fixed or guaranteed overtime pay is now also included in computing the 80% allotment.
Previously, this allotment was calculated only from a seafarer’s monthly basic salary. However, under the Implementing Rules and Regulations (IRR) of the law, the fixed or guaranteed overtime pay is now also included in computing the 80% allotment.
This provision remains fair since according to Atty. Henry Zamora of the Associated Marine Officers’ and Seamen’s Union of the Philippines (AMOSUP), the IRR allows seafarers to name more than one “allottee”. This means 80% of their basic salary goes to their family, while the 80% of the fixed overtime pay can be designated as a “self-allotment,” which effectively becomes their personal savings when they return to the Philippines.
Arianne Rocha, president of the Seafarers Family group, expressed disappointment that many seafarers she spoke with are unaware of the law’s good intentions. Many mistakenly believe the government is deducting from their salaries, which is not true, adding that some entities demonize the law for their personal gains.
“Those who often complain are seafarers with second families or other women.”
Grace Gelvoleo and Myrna Durian, both seafarers’ wives and members of Women Championing Seafarer Families (WCSF), said they have no issues with the Magna Carta, especially since they receive their allotments directly. However, Durian noted that those who often complain are seafarers with second families or other women.
Tulfo also brought up concerns about exchange rates, following reports from seafarers that some agencies are allegedly shortchanging them by manipulating the dollar-to-peso conversion.
Capt. Antonio Ladera III, President of the Association of Licensed Manning Agencies (ALMA), clarified that the law clearly states the applicable exchange rate should be the same date when the shipowner remits the salary. This should be reflected on an electronic or physical payslip provided by the manning agency.
Department of Migrant Workers (DMW) Secretary Hans Cacdac, for his part, said that any deduction by the agency from a seafarer’s salary under these circumstances would be considered an “unlawful deduction,” punishable by suspension of the agency’s operations for six months to two years, or even revocation of their operating permit.
Lastly, the senator ordered all manning agencies to ensure an aggressive information and education campaign in partnership with the DMW and Overseas Workers Welfare Administration (OWWA) to ensure that seafarers are properly informed, especially regarding the crucial provisions of the law.
