Department Order No.

156-16 DEFINITIONS
Working and Living Conditions of Fishers on Board Fishing
Vessels Engaged in Commercial fishing operation Captain or Master – person having
command of a fishing vessel.
Coverage
Elements: Commercial fishing – taking of fishery
a) The subject are (1) Fishing Vessel owners (2) Fishers (3) species from their wild state or habitat
by passive or active gear for trade
Captains or Masters business or profit beyond subsistence
b) That they are on board Philippine-registered fishing vessels or recreational fishing.
c) That they are engaged in commercial fishing in Philippine or
international waters. Fisher – any person engaged in any
capacity for carrying out an occupation
Exceptions on board a commercial fishing vessel
but excludes shore-based persons
a) Those on board commercial fishing vessels with foreign
carrying out work on board a fishing
registry (governed by rules and regulations of POEA) vessel.
b) Those engaged in municipal fishing (governed by existing
labor, fishery, maritime, and local government laws, rules and Fishing Vessel – any ship or boat , of
regulations) any nature whatsoever, irrespective of
c) Those on board fishing vessels engaged in subsistence or the form of ownership, used or
recreational fishing. intended to be used for taking of fishery
species or aiding or assisting gone or
more vessels in the performance of
any activity relating to fishing including
(Rule II Section 5) but not limited to preservation, supply,
Joint and Solidary Liability storage, refrigeration, transportation
and or processing.
The Captain or Master, agent, or other natural or juridical
Fishing Vessel Owner – one who
person who either financed the acquisition of the fishing vessel, owns the vessel
provided provisions for the voyage, or assumed the
responsibility for the operation of the vessel from the owner, and Municipal fishing – fishing within
who in assuming such responsibility has agreed to take over the municipal waters.
duties and responsibilities imposed on the fishing vessel
owner, regardless of whether any other organization or person Municipal Waters – include not only
streams, lakes, inland bodies of water
fulfills certain duties or responsibilities on behalf of the fishing vessel
and tidal waters within the municipality
owner, shall be jointly and solidarily liable with the fishing vessel which are not included within the
owner. protected areas as defined under RA
7586, public forest, timber lands, forest
(Rule IV Section 1) reserves or fishery reserve but also
Employment Agreement marine waters included between two
lines drawn perpendicular to the
general coastline. Where two
It shall be in a language or dialect comprehensible to the fisher municipalities are so situated on
which shall govern the living and working conditions on board opposite shores that there is less than
commercial fishing vessel including among others the following: thirty kilometers of marine waters
a) Fishers between them, the third line shall be
- FN equally distant from opposite shore of
- Date of Birth or Age the respective municipalities.
- Sex Recreational Fishing – includes
- Address fishing by individuals from boats or
-Civil Status from the shore, in salt or fresh water,
- SSS, PhilHealth and PagIbig ID numbers for purposes of sport and not for profit
b) Name of FVO or other party to the agreement with the fisher derived from the catch.
including their addresses;
Subsistence Fishing – where the fish
c) Place and Date of constitution of agreement
caught are primarily intended to be
d) Name of the FV and its registration number shared and consumed by the families
e) Voyage or Voyages to be undertaken if determinable at the time and kin of fishers.
of the making of the agreement.
f) Capacity in which the fisher is to be engaged.
g) Place where and date when the fisher is to report on board for service
h) Provisions to be supplied to the fisher
i) Compensation structure composed of wage, mandatory wage-related benefits, and productivity/performance-
based pay.
j) Hours of Work
k) Leave Benefits
l) Health and social security benefits
m) Separation and retirement pays and
n) other benefits as provided under existing laws.

Fishers shall be issued a certificate of employment showing the nature and duration of their employment.

Minimum Benefits Meal Periods Rest Days

1) Minimum Wage according to the
Compensation Scheme
2) Holiday Pay = 100% (200% if they
are made to work)
Not less than 60 minutes for their
regular meals
Aggregate daily rest period= 10 hrs
Aggregate weekly rest period = 24
consecutive hours after every 6
consecutive work days.

3) Premium Pay = 30% of basic wage The Captain or Master may require
(if on Rest Day or Special Day); 50% fishers to perform work necessary for
if made to work on Rest Day which is the immediate safety of the vessel, the
also a Special Day. persons on board or the catch, or for
the purpose of giving assistance to
4) Overtime Pay = 25% of basic other boats or ships or persons in
wage; 30% on regular holidays, distress at sea.
special days, rest days for work
beyond eight hours per day; The Captain or Master may suspend
the schedule of hours of rest and
5) Night Shift differential = 10% for require fishers to perform work
work rendered between 10pm to 6am necessary during emergency and until
the normal situation has been
6) Paid SIL of five days per year of restored. He shall ensure that any
service. fisher who has performed work in a
scheduled rest period is provided with
7) 13th month pay an adequate period of rest and duly
compensated for additional work
8) Paid maternity leave of 60 days for rendered pursuant to applicable
normal delivery and 78 days for provisions of this Rule.
Caesarian section delivery.

9) Paid paternity leave of 7 days

10) Paid paternal leave of 7 days for

solo parents

11) Paid leave for 10 days for VAWC

12) Paid leave for women who

underwent surgery caused by
gynecological disorders
13) Retirement pay upon reaching 60
yrs old.

Nothing in the Rules shall prevent

FVO to provide better terms and
conditions or stipulate for such
through contracts or CBA with the
fishers.
 RULE II
Responsibilities of Fishing Vessel Owner, Captain or Master, and Fisher.

Section 1. Fishing Vessel Owner

a) Fishing is undertaken in accordance with existing laws, rules and regulations and
international agreements
b) Fishing Vessel
b.1) Seaworthy
b.2) possesses licenses, permits and registrations from appropriate
governmental agencies to undertake commercial fishing;
b.3) carries a crew list, furnishing a copy to the PCG prior to the departure of the
vessel.
c) Captain or Master
c.1) possesses the necessary permits and licenses from appropriate government
agencies.
c.2) provided with necessary resources to undertake a specific fishing voyage
which shall include medicines and or emergency medicines, medical equipment
or facilities, survival kits and equipment;
d) Fishers
d.1) have fish-worker license from BFAR
d.2) Have received basic safety and health, life-saving and survival training and
provided specific instructions and
d.3) possess the minimum requirements for employment on board fishing
Fishing Vessel Owner vessels as provided under Rule III
d.3.1) Minimum Requirements
a) Minimum Age – The minimum age shall not be less
than 18 (reason: the activities on board are by their
nature or circumstances likely to jeopardize the health,
safety or morals of young persons)
b) Medical Examiniation – No fisher shall work without
a valid medical certificate issued by a public health
facility or any medical facility duly accredited by ODH for
that purpose and in accordance with its existing rules
and regulations. The medical certificate shall be valid for
a maximum of 1 year. If the validity expires while on
voyage, the same shall be deemed valid until its end.
c) Training – Fishers shall be provided with adequate specific instruction and applicable
basic safety and health training.

Responsibility to ensure the safety, health, and well-being of fishers on board and
Captain or Master compliance with safety of navigation, protection of the environment and watch keeping.

The Captain or master shall be given sufficient discretion to take necessary action for the
safety of the vessel and the fishers on board during navigation/operation or whenever work
is being performed on board.

Fisher Fishers shall comply with the lawful orders of the captain or master and other applicable
safety and health measures. Fishers shall attend occupational safety and health training
and skills enhancement trainings organized or facilitated by the fishing vessel owner.
 (Rule V)
Compensation Scheme

Compensation scheme shall be consistent with the two-tiered wage policy that ensures minimum wage,
mandatory wage-related benefits to fishers and encourages voluntary adoption and implementation of
productivity and/or performance-based pay.

The criteria or formula for the implementation of productivity/performance based pay shall be mutually
determined by the FVO and fishers upon agreement on the adoption of the same.

Two tiered Compensation Scheme

The Compensation scheme for masters or captains and fishers in medium and large-scale commercial fishing
operation shall be composed of minimum and wage-related benefits and productivity or performance-based pay,
to wit;

a) Minimum Wage and WRB

Wages and or shares of masters and captains and fisheries shall not be less than the applicable daily
minimum wage for the non-agricultural use of the sector prescribed by the RTWPB having jurisdiction of
the port of registration

b) Productivity. or Performance-based pay

For medium and large scale, FVOs are encourage to mutually agree and adopt a productivity or
performance based incentive scheme on top of the applicable minimum wage which may take into
consideration business and individual’s fisheries performance productivity accident safety and
prevention, cost-savings and attainment of quota/targets.

The grant of productivity or performance based pay shall not diminish existing gain-sharing agreements,
other forms of bonus and incentive being given to fisher and those provided under CBA.

- Definition of Productivity-based Pay: An additional compensation on top of minimum wage in the form
of productivity/performance bonus or incentive given to fish workers, in recognition of their individual
or group performance, value of their effort in attaining production and/or profit target, or criteria that
will be determined and agreed upon by labor and management.

Technical Assistance by the RTWPB

The RTWPB shall formulate, consistent with NWPC guidelines, on the productivity and or performance-based
pay scheme.

The RTWPB shall issue advisories for productivity-based pay scheme and provide technical assistance in the
development of parameters, criteria, formula in computation of productivity and/or performance based-pay
scheme.

Payment of Wages
Paid in CASH every after 2 weeks or at intervals not exceeding 16 days (unless there is an agreement to the
contrary).
FVOs shall ensure that fishers working on board are given means to transmit all or part of their wages, including
advances, to their families at no cost.

Productivity or performance-based incentive shall be given to the fishers on the succeeding pay immediately
following the completion of every fishing trip (unless otherwise agreed upon)

Transparency in Fisher’s Pay

To ensure fairness, the basis of fisher’s productivity or performance-based incentive shall be properly agreed
upon. FVOs shall maintain payrolls and provide fishers with payslips. Moreover, payments for fishers or their
family’s advances shall be properly documented.

Rule VI
Field Personnel (as amended by DO196-18)

Fishers who regularly perform their duties away from the principal business or branch of office of the FVOs and
whose actual hours of work in the sea cannot be determined with reasonable certainty shall be considered as
field personnel.

Unless otherwise provided, fishers deemed as FP are NOT entitled to wage-related benefits under Title 1 Book
III of LC as amended.

Rule VII
Occupational Safety and Health

For small-scale, medium scale and large scale commercial fishing the following standards shall be
mandatory:

Personal Protective Equipment

2.4. Safety Prevention and Accident Prevention – the FVO shall ensure the following are observed on board for
safety, protection, and accident prevention.
e. Personal Protective Equipment.
i. The FVO shall at his/her own expense furnish fishers with personal protective equipment for the
eyes, ears, face, hands, and feet and protective shields and barriers, WHENEVER NECESSARY
by reason of the HAZARDOUS nature of the process or environment, chemical, physical or other
safety hazards capable of causing injury or impairment in the function of any part of the body
through ABSORPTION, INHALATION, OR PHYSICAL CONTACT.
ii. All personal protective equipment shall be of approved design and construction appropriate to
the exposure and the work to be performed.
iii. The FVO shall be responsible for the adequacy and proper maintenance of personal protective
equipment used by the fishers on board.
iv. No Fisher shall be subjected or exposed to a hazardous environmental condition without proper
protection.

The FVO shall likewise, develop, implement and monitor a program for the prevention of hazard in the
fishing vessels; conduct hazard risk evaluation and control including measures to reduce and prevent risk of
exposures to chemical, physical, biological, and ergonomic hazards that may arise while in the course of
duty on board the fishing vessel; and institute measures to monitor work environment, safe work procedures,
machine safety, materials handling, and the use of appropriate personal protective equipment.

2.5 Medical Care.

The FVO shall
- Provide adequate first aid services on board
- Ensure that all fishers have access, when in port, to out-patient treatment for sickness or injury,
hospitalization, when necessary, and dental treatment.
- Ensure that there is available means of communication for medical advice
- Ensure that all FVs carry a first aid kit and medical supplies. Medicines shall be properly labeled and
stored with directions for use and expiration dates
- First aid kits shall be accessible to all fishers on board and shall be clearly identified by a conspicuous
sign.
- Provide and maintain medicines and medical supplies listed in the OSHS, as amended, or Maritime
First Aid Guide which as much as possible shall be enough for the entire duration at sea
 - Provide shower facilities to wash the skin and/or eyewash facilities if substances are hazardous to
skin or eyes on the FV. If not practicable, portable equipment shall be provided such as wash basin.
- Keep and maintain medical and health records, reports, or other related documents in their onshore
facilities in a manner that ensure confidentiality yet easy access by company’s occupational health
personnel.
- The fisher shall have access to his/her own records (above stated) at no cost as may be needed.
- For large commercial FV, carry appropriate medical equipment and medical supplies, taking into
account the number of fishers on board, the area of operation and the length of the voyage.

2.6. Food and Potable Water

The FVO shall ensure that fishers are provided with ample food supply, food preparation and storage facilities
and potable water for drinking and food preparation.

a. Cooking equipment shall be fitted if practicable in a separate galley, if not the cooking area shall be of adequate
size for the purpose, well-lit and ventilated, and properly equipped and maintained.

b. containers of butane or propane gases shall be kept on open deck and in a shelter designed to protect them
from external heat sources and impact.

c. suitable place for provisions of adequate capacity and can be kept dry, cool and well-ventilated in order to
avoid deterioration of stores and where practicable and possible, refrigerators or other low temperature storage
shall be used.

d. Food and potable water shall be sufficient, considering the number of fishers and duration and nature of
voyage. In addition, they shall be suitable in respect of nutritional value, quality, quantity, and variety, considering
fisher’s religious or health requirements and cultural practices.

Requirements for General Accommodation and Related Facilities

Shall be applicable to FV that are engaged in large-scale fishing operation and constructed on or after the
effectivity of the DO.

3.1. Sleeping Accommodation – Where the design, dimensions, or purpose of the fishing vessel allow, the
sleeping accommodation shall be located so as to minimize the effects of motion and acceleration but in no case
be located at the forward of the collision bulkhead.

a. Insulation –insulated against heat and protection from mosquitos and other insects
b. Air-conditioning System – installed in sleeping and accommodation areas
c. Floor Area and Person per sleeping room – the floor area per person shall not be less than 1.5m2 and the
number of persons per sleeping room shall not be more than six.
d. openings – must not open directly to cargo and machinery spaces, galleys, storage rooms, or communal
sanitary areas.
e. Separate Sleeping Accommodations – separate for women and men.

Rule VIII
Termination of Employment.