4/15/2021
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and unpaid leave pay plus
daily allowance pay
Articles 6[113] and 11[114] of the CBA provide for the guidelines to a seafarer's
entitlement to overtime pay as well as to leave benefits. The articles state:
Overtime
[Sec.] 6
6.1 Any hours of duty in excess of the 8 (eight) shall be paid by overtime,
the hourly overtime rate shall be 1.25 the basic hourly rate calculated by
reference to the basic wage for the category concerned and the weekly
working hours (Annex 2).
6.2 At least 103 (one hundred three) hours guaranteed overtime shall be
paid monthly to each seafarer.
6.3 Overtime shall be recorded individually and in duplicate either by the
Master or Head of the Department.
6.4 Such record shall be handed to the seafarer for approval every month or
at shorter intervals. Both copies must be signed by the Master and /or Head
of the department as well as the seafarer, after which the record is final.
One copy shall be handed over the seafarer. x x x
6.5 If no overtime records are kept as required in 6.3 and 6.4 above, the
seafarer shall be paid monthly a lump sum for overtime worked calculated at
160 hours at the hourly overtime rate without prejudice to any further
claim for payment for overtime hours worked in excess of this figure. x x x
Leave
[Sec.] 11
11.1 Each seafarer shall, on the termination of employment for whatever
reason, be entitled to payment of 7 days' leave for each completed month
of service and pro rata for a shorter period.
11.2 Payment for leave shall be at the rate of pay applicable at the time of
termination plus a daily allowance as specified in ANNEX 4. x x x
Under 11.2 of the CBA, aside from leave pay, the seafarer shall also be entitled to a
daily allowance as specified in Annex 4 thereof. Annex 4[115] of the CBA provides:
ANNEX 4
Schedule of Cash Benefits
xxxx
Article 11 Leave:
Daily Allowance whilst on paid leave: US$ 18
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66237
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