DOLE Implements New Rules for Seafarer Claims Enforcement

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DOLE Implements New Rules for Seafarer Claims Enforcement
SEAFARERSLABOR LAWSCLAIMS
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The Department of Labor and Employment (DOLE) issued new guidelines requiring seafarers to post a bond for disputed amounts in monetary claims during appeals. This order clarifies the enforcement of decisions made by labor bodies and establishes time limits for filing claims.

The Department of Labor and Employment (DOLE) issued new guidelines on Wednesday evening requiring seafarers to post a bond for disputed amounts in monetary claims while the decision is being appealed in court. This new rule, outlined in Department Order No. 247, series of 2025, signed by DOLE Secretary Bienvenido E. Laguesma, dictates the enforcement of decisions made by the National Labor Relations Commission and voluntary arbitrators under the National Conciliation and Mediation Board.

\Under the order, disputed amounts, such as moral, exemplary, or nominal damages, attorney’s fees, and other similar awards, can only be enforced after the seafarer posts a bond. This bond must be issued by a reputable bonding company accredited by the Supreme Court and remains valid until the case is finally decided, resolved, or terminated. The Department Order states, “It shall be valid and effective from the date of deposit or posting until the case is finally decided, resolved, or terminated.” If the seafarer wins the case but the employer refuses to comply, the seafarer can file a motion for execution to recover the awarded amount. \In contrast, no bond is required for undisputed amounts, such as unpaid wages, statutory and welfare benefits, and disability compensation. These claims are immediately enforceable once the decision becomes final, even if the case is still pending appeal. The order also establishes time limits for filing claims: a three-year period for most claims and a four-year period for claims related to illegal dismissal. Claims filed after these periods will be barred, although the filing of requests for assistance can suspend the countdown. Secretary Laguesma emphasized that the new order responds to President Ferdinand R. Marcos Jr.’s call for the “immediate and full” implementation of the Magna Carta. “The order ensures that this requirement will be applied consistently with the intent of the law and that the rights of all parties are protected,” he added.

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SEAFARERS LABOR LAWS CLAIMS BONDS MAGNA CARTA

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