Seafarer’s better benefits under the Collective Bargaining Agreement

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The seafarer employment contract (SEC) approved by the Department Migrant Workers (DMW) merely provides the minimum acceptable terms but he may also claim superior benefits if the employment is covered by an overriding Collective Bargaining Agreement (CBA). The SEC and the CBA govern the employment relationship between the seafarer and the company.

The seafarer employment contract approved by the Department Migrant Workers merely provides the minimum acceptable terms but he may also claim superior benefits if the employment is covered by an overriding Collective Bargaining Agreement .

The seafarer will always have the minimum rights as per SEC but the more CBA beneficial provisions will override the SEC terms since it is an enhancement of the labor standards. The Court added that “a CBA refers to the negotiated contract between a legitimate labor organization and the employer concerning wages, hours of work and all other terms and conditions of employment in a bargaining unit. As in all contracts, the parties in a CBA may establish such stipulations, clauses, terms and conditions as they may deem convenient provided these are not contrary to law, morals, good customs, public order or public policy.

In Sunga v. Virjen Shipping Co. , the Supreme Court granted to the seafarer who suffered an injury due to an accident the higher CBA disability benefits. The case of an injured seafarer who was hired as Chief Cook in CF Sharp Crew Mgt. v. Daganato touched upon the issue on the applicability of the CBA that covers only medical conditions due to an accident.

Source: News Formal (newsformal.com)

 

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