Will R.A. 10022 make hiring of Filipino crew more expensive?

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Presentation transcript:

Will R.A make hiring of Filipino crew more expensive?

A.ACCIDENTAL DEATH presently covered by POEA SEC/CBA B.NATURAL DEATH presently covered by some CBAs C.TOTAL PERMANENT DISABLEMENT presently covered by POEA SEC/CBA NOTE: A, B. and C covered by “no contest, no fault” clause.

D.REPATRIATION cost for unjust dismissal covers land-based workers only E.SUBSISTENCE ALLOWANCE covers land-based workers only F.MONEY CLAIMS not covered G.COMPASSIONATE VISIT presently covered by CBA

H. MEDICAL EVACUATION presently covered by POEA SEC/CBA I.MEDICAL REPATRIATION presently covered by POEA SEC/CBA

IRR Sec. 7. Documentary Requirements for Accidental or Natural Death or Disablement Claims

Any claim arising from accidental death, natural death or permanent total disablement under Section 2 (a), (b) and (c) shall be paid by the insurance company without any contest and without the necessity of proving fault or negligence of any kind on the part of the insured migrant worker: Provided the following documents, duly authenticated by the Philippine foreign posts, shall be sufficient evidence to substantiate the claim:

1. Death Certificate –in case of natural or accidental death; 2. Police Report or Accident Report – in case of accidental death; and 3. Medical Certificate –in case of permanent disablement.

In the case of a seafarer, the amounts provided in Section 2 (a), (b), or (c), as the case may be, shall, within ten (10) days from submission of the above-stated documents, be paid by the foreign insurance company through its Philippine representative to the seafarer/beneficiary without any contest and without any necessity of proving fault or negligence on the part of the seafarer.

Such amount received by the seafarer/beneficiary shall form part of and be deducted from whatever benefits the seafarer/beneficiary may be entitled to under the provisions of the POEA-Standard Employment Contract or collective bargaining agreement (CBA).

Any claim in excess of the amount paid pursuant to the no contest, no fault or negligence provision of this Section shall be determined in accordance with the POEA-SEC or CBA.

Sec. 5. Requirement for Issuance of Overseas Employment Certificate Certificate of insurance cover

xxx In the case of seafarers who are insured under policies issued by foreign insurance companies, the POEA shall accept certificates or other proofs of cover from recruitment/manning agencies: Provided, That the minimum coverage under sub- paragraphs (a) to (i) are included therein. For this purpose, foreign insurance companies shall include entities providing indemnity cover to the vessel.

Assumed optimistic timeline in the implementation of Compulsory Insurance Coverage

30 June Assumed optimistic timeline in the implementation of Compulsory Insurance Coverage IRR signed by the parties

30 June Assumed optimistic timeline in the implementation of Compulsory Insurance Coverage IRR signed by the parties 10 July IRR published in major broadsheet

30 June Assumed optimistic timeline in the implementation of Compulsory Insurance Coverage IRR signed by the parties IRR published 10 July 25 July IRR takes effect 15 days after publication

30 June Assumed optimistic timeline in the implementation of Compulsory Insurance Coverage IRR signed by the parti es IRR published 10 July25 July IRR takes effect 30 July Insurance Commission (IC) convenes inter-agency committee to formulate IRR on Compulsory Insurance Coverage* NOTE: IC convenes committee within 5 days from effectivity of IRR, as per RULE XVI Sec. 15, IRR

30 June Assumed optimistic timeline in the implementation of Compulsory Insurance Coverage IRR signed by the parti es IRR published 10 July25 July IRR takes effect 30 July Period to work on IRR on Compulsory Insurance Coverage IC convenes inter-agency committee 30 Aug }

30 June Assumed optimistic timeline in the implementation of Compulsory Insurance Coverage IRR signed by the parti es IRR published 10 July25 July IRR takes effect 30 July IRR on Compulsory Insurance Coverage signed by parties Period to work on IRR 30 Aug IC convenes inter-agency committee 04 Sept

30 June Assumed optimistic timeline in the implementation of Compulsory Insurance Coverage IRR signed by the parti es IRR published 10 July25 July IRR takes effect 30 July IRR published in major broadsheet IRR signed by parties 30 Aug IC convenes inter-agency committee 04 Sept Period to work on IRR 14 Sept

30 June Assumed optimistic timeline in the implementation of Compulsory Insurance Coverage IRR signed by the parti es IRR published 10 July25 July IRR takes effect 30 July IRR on Compulsory Insurance Coverage takes effect 15 days after publication IRR signed by parties 30 Aug IC convenes inter-agency committee 04 Sept Period to work on IRR 14 Sept IRR published 29 Sept