Circular Letter No

VCIRC/CRW/0051

Section

Crew

Issue Date

19th April 2012

To

Masters, Crew Managers and Superintendents

Subject

Filipino seafarer disciplinary procedures

The Master, or other officer designated by the Master, shall use the following procedure in the
event of a disciplinary case with a Filipino seafarer on board a V.Ships managed vessel. These
requirements shall be strictly followed in addition to the VMS requirements regarding Managing
Performance and Conduct.
If the Master has any doubt as to the process to follow in such disciplinary cases, the Master should
contact his Crew Manager in the ship management office and the Crew Manager in POMI or
Philippines manning agent.

I. STEPS IN REPATRIATING A SEAMAN FOR DISCIPLINARY REASONS

1. The Master shall furnish the seaman a written notice of the complaint or charges against the
seaman. The written notice must contain the following:
a. Specific charges against or violation committed by the seaman (As guide, you may refer to
Section 33 of the POEA Standard Employment Contract for the list of punishable offenses);
b. Date and time of commission of the act or violation complained of;
c. Notice that a formal investigation will be conducted;
d. Date, time and place for the formal investigation of the charges against seaman;
2. The seaman shall be given the written notice and shall be required to sign a copy of the said
notice to prove that he was actually furnished a copy and to indicate the date he was served a copy
of the notice. The service of written notice must be recorded in the logbook.
All efforts must be exerted to make the seaman sign the written notice. In case the seaman refuses
to receive the written notice, the Master, or the person giving the notice, in the presence of a
witness must indicate on the document the seamans refusal to receive it. Such refusal must be
entered in the logbook because the seaman may eventually deny receipt of the written
notice once the case is filed in court.

3. On the date indicated in the written notice, the Master, or his authorized representative, must
conduct the investigation in the presence of the other officers, particularly the seamans supervisor
and head of department. The seaman may likewise be allowed to bring a witness or interpreter of
his own choice. During this investigation, the seaman must be given the opportunity to explain his
side or defend himself against the charges. The conduct of the hearing must be recorded in the
logbook.
4. The Master, or his authorized representative, may decide whether to impose penalty or not after
the investigation. If the investigation reveals that the seafarer is guilty, the Master shall issue a
written notice of the penalty to be imposed on the seaman and the reason for it, with copies
furnished to POMI or the applicable Philippines manning agent.
Penalty need not be dismissal. (Please refer to section 33 of the POEA Standard Employment
Contract for the list of punishable offenses and their corresponding penalties.) Please note
however, that written warnings are given to the seafarers to provide them the time and opportunity
to correct problems of discipline and/or poor performance. Therefore, the Master must observe
reasonable time between the issuance of formal warnings and dismissal.
Whatever the decision arrived at after the investigation (whether written warning or
dismissal), this must be recorded in the vessels logbook.

5. In case, penalty is dismissal, the Master, or its representative, shall issue a written notice of
dismissal or termination to the seaman. If there is a clear and existing danger to the safety of the
crew or vessel and other unfavorable circumstances as per Masters discretion, the seafarer need
not be furnished a copy of the written notice of dismissal or termination. The procedure in issuing a
notice of dismissal or termination, whether the seaman receives it or refuses to do so, however
must be recorded in the logbook. Excerpts of the logbook, pertaining to the above procedures
taken, must likewise be sent to POMI or the applicable Philippines manning agent.
6. The Master shall send a complete report to POMI or the applicable Philippines manning agent of
what transpired on board the vessel, which report should be supported by witnesses, testimonies
and other documents. These documents will be used as evidence once seaman files a complaint
for illegal dismissal upon his arrival in the Philippines
Failure to strictly follow the above procedure shall be interpreted as illegal dismissal.
It should be noted that in every step taken, recording of each event in the logbook is required. This
is because, in the event that the seaman files a complaint in the court, the logbook is the best
evidence of what actually transpired on board the vessel.
If no copy of the logbook extract is presented as evidence, the court will likely rule in favor
of the seaman.

II. THE PHILIPPINE JUDICIAL SYSTEM

The National Labor Relations Court (NLRC) exercises jurisdiction over legal cases
involving disputes between seafarers and their employers. These cases may involve violation of
employment terms and conditions, non-payment of money and benefit claims, and non-compliance
with other contractual obligations.
The NLRC follows a procedural type of adjudication wherein written pleadings such as
position papers, reply and rejoinders supported by documentary evidences shall be the basis of the
decision. The parties to a complaint are not required to present any witness.
In as much as the NLRC relies on documentary evidence to decide a case, it is important
that the above steps are followed in the dismissal of seafarers on disciplinary grounds. The
following are additional guidelines in the preparation of documentary evidences:
1. Specific incidents or acts of indiscipline/ contract violation must be recorded in the ships
logbook. Written warnings are given to seafarers to provide them the time and opportunity to
correct problems of indiscipline and/or poor performance. Therefore, the Master must observe
reasonable time between the issuance of formal warnings and dismissal.
2. Logbook entries must be supported by statement of other crew onboard, particularly the
supervisor of the seafarer concerned;
3. All written warnings or notice of dismissal must be given to the seafarer concerned who shall be
required to acknowledge receipt of a copy.
4. The Master must issue written warnings on minor acts of negligence or indiscipline. For serious
cases which endanger the lives of the crew or the safety of the vessel, it is at his discretion to
dismiss the crew outright.
5. Photographs must be taken as much as possible of all incidents/ accidents involving the crew.

Many thanks in advance for your cooperation.

Best regards,
Andy Cook
Crew Director