Visitors check out the different amenities of the ‘Alagang OWWA: Seafarers Hub’ located along Mabini Street, Barangay 670, Ermita, Manila, during its launching on July 11, 2024. Jonathan Cellona, ABS-CBN News/File MANILA — The Department of Labor and Employment said it has released new guidelines on the execution of seafarers' claims.

In a statement, the agency said Labor Secretary Bienvenido Laguesma signed Wednesday an order prescribing rules on the enforcement and execution of decisions of the National Labor Relations Commission (NLRC) and voluntary arbitrators under the National Conciliation and Mediation Board (NCMB) involving money claims of seafarers.

It said the new DOLE order implements Section 59 of the Magna Carta of Filipino Seafarers or Republic Act No. 12021 and complements the implementing rules and regulations of the Magna Carta issued last week by the Department of Migrant Workers (DMW). 

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The provision requires that before a disputed amount of a monetary award in favor of a seafarer can be executed while the NLRC or voluntary arbitrator’s decision is pending appeal with the courts, the seafarer must first file a bond sufficient to fully restitute the amount in case the courts eventually reverse the award.

The DOLE order clarifies the distinction between undisputed and disputed amounts to require the filing of the seafarer’s bond while the decision is being questioned in the courts.

The undisputed amounts include the following:

- Any unpaid salary or wage, including the amount equivalent to the unexpired portion of the contract in cases arising from illegal dismissal 

- Any remuneration capable of being expressed in monetary value as stipulated in the standard employment contract or an applicable collective bargaining agreement

- Any unpaid statutory monetary and welfare benefits

- The amount corresponding to the disability grading as determined by a third doctor in cases of claims for disability compensation

- Any other amount admitted by the employer to be due to the seafarer.

Upon finality of the decision of the NLRC or voluntary arbitrator, DOLE said the undisputed amounts shall be immediately executory even pending appeal with the courts without the seafarer being required to file a bond.

 Disputed amounts meanwhile include those determined to be legally due the seafarer and damages, including moral damages, exemplary damages, nominal damages, attorney’s fees, and other similar awards.

Upon finality of the decision of the NLRC or voluntary arbitrator, the disputed amounts shall likewise be immediately executory, provided that the seafarer files the required bond, DOLE said.

The DOLE order also includes provisions to ensure the seafarer’s access to timely remedies, procedures in posting the bond to facilitate the execution of disputed awards pending appeal, and reimbursement of the costs of the bond should the courts eventually affirm the disputed amount in favor of the seafarer.

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