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principal/employer and the licensed manning agency, for any and all
claims arising out of the implementation of the employment contract
involving seafarers. It shall likewise refer to the nature of liability of
partners, or officers and directors with the partnership or corporation over
claims arising from employer-employee relationship.
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PART II
Licensing and Regulation
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RULE II
Issuance of License
A. Application
SECTION 4. Pre-Qualification Requirements. — Any person applying for a
license to operate a manning agency shall file a written application with the
Administration, together with the following requirements:
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F. A duly notarized undertaking by the sole proprietor, the managing partner,
or the president of the corporation, stating that the applicant shall:
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3.
Assume
joint
and
several
liability
with
the
employer/shipowner/principal for all claims and liabilities which
may arise in connection with the implementation of the contract,
including but not limited to unpaid wages, death and disability compensation
and repatriation;[38] (emphases supplied)
The 2016 POEA Rules provides that manning agencies are jointly and severally liable
with the principal employer for any and all claims arising out of the implementation of
the SEC involving seafarers. Necessarily, this includes claims arising out of the SSS
coverage and contributions in favor of seafarers. If the principal foreign ship owner fails
to pay the SSS contributions, then the joint and several liability of the manning
agencies can be invoked.
Notably, the joint and several liability of manning agencies with the principal foreign
ship owners is a mandatory pre-qualification requisite before they can secure a license
to operate. Upon applying and receiving their license to operate, which is merely a
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