Are seafarers entitled to the 13th-month pay?

Last Updated on 04/27/2020 by FilipiKnow

No, seafarers are not entitled to the 13th-month pay.

In one case1, the Supreme Court held that seafarers are considered contractual employees governed by the Rules and Regulations of the Philippine Overseas and Employment Administration (POEA).

The employment is based on a contract with a fixed period and with fixed compensation and benefits. The standard employment contract of the POEA for seafarers does not provide for the payment of the 13th-month pay.

As can be gleaned from P.D. 851, the law contemplates land-based workers and not seafarers who earn more than domestic land-based workers.

Go back to the main article: How to Compute 13th Month Pay in the Philippines: An Ultimate Guide

 

Reference.

  1. Petroleum Shipping Limited and Trans-Global Maritime Agency, Inc. v. National Labor Relations Commission and Florello Tanchico, G.R. No. 148130 (Supreme Court of the Philippines 2006).