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

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

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

Page 1: Will R.A. 10022 make hiring of Filipino crew more expensive?

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

Page 2: Will R.A. 10022 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.

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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

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H. MEDICAL EVACUATION presently covered by POEA SEC/CBA

I. MEDICAL REPATRIATION presently covered by POEA SEC/CBA

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IRR Sec. 7. Documentary Requirements for

Accidental or Natural Deathor  Disablement Claims

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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:

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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.

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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.

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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).

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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.

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Sec. 5. Requirement for Issuance ofOverseas Employment Certificate

Certificate of insurance cover

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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.

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Assumed optimistic timeline

in the implementation ofCompulsory Insurance Coverage

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30 June

Assumed optimistic timeline in the implementation of Compulsory Insurance Coverage

IRR signed by the parties

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30 June

Assumed optimistic timeline in the implementation of Compulsory Insurance Coverage

IRR signed by the parties

10 July

IRR published in major broadsheet

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30 June

Assumed optimistic timeline in the implementation of Compulsory Insurance Coverage

IRR signed by the parties

IRR published

10 July25 July

IRR takes effect 15 days after publication

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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

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

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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

30 July

Period to work on IRR onCompulsory Insurance Coverage

IC convenes inter-agency committee

30 Aug}

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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

30 July

IRR on Compulsory Insurance Coverage signed by parties

Period to work on IRR

30 Aug

IC convenes inter-agency committee

04 Sept

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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

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

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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

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