5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly 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. xxxx PART II Licensing and Regulation xxxx 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: xxxx F. A duly notarized undertaking by the sole proprietor, the managing partner, or the president of the corporation, stating that the applicant shall: xxxx 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 https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66432 12/28

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