Group opposes ‘anti-seaman’ bill’s escrow provision

MANILA, Philippines — A group of Filipino seafarers has expressed strong opposition to an escrow provision in the proposed Magna Carta for seafarers, saying it is “anti-seaman.”

Oiler seaman Jacinto Rivera, spokesperson for AMOR Seaman, said the provision states that any monetary award for a sick or deceased seaman from the National Labor Relations Commission (NLRC) or National Conciliation and Mediation Board (NCMB) would not be immediately available to the seaman winning the case.

“The AMOR Seaman strongly opposes the proposal to put the monetary award that has been won in the NLRC or the NCMB into an escrow bank account while the case is in the Court of Appeals up to the Supreme Court,” Rivera said.

“Disability or death benefits can only be obtained if there has been a final decision in the Supreme Court, which usually takes 10 to 12 years,” he said.

The group strongly believes the provision regarding escrow is “anti-seaman” and favors employers, manning agencies and ship owners.

The seafarers said the escrow provision will put them at a disadvantage and discourage them from filing claims for disability or death benefits because of the number of years they have to wait before they can win the case.

The AMOR Seaman also stated the escrow provision is unconstitutional as the Labor Code provides the decision of the NLRC or the NCMB is “final and executory.”

This provision in the Labor Code is for all workers, whether land-based or sea-based and includes overseas Filipino workers (OFWs). The Constitution guarantees protection for all workers whether land or sea-based, the group said.

“Why must the monetary award of the Filipino seafarer who won the case be placed in the escrow account but the monetary award of other workers, including land-based OFWs, who won their cases be allowed to receive it immediately? This is a clear violation of the equal protection clause under our Constitution,” Rivera said.

He said filing a case is an uphill battle for a sick or injured seaman.

“We cannot make a living while hearing the case for the precise reason that we are either ill or injured and no employer will hire us,” Rivera added.