Waivers and quitclaims in the COVID-19 pandemic

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Waivers and quitclaims in the COVID-19 pandemic
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Waivers and quitclaims are ineffective in barring recovery of the full measure of a seafarer’s rights, including the underpayment of monetary benefits during their extended work on board the

This was the pronouncement by Atty. Bernard Olalia, administrator of Philippine Overseas Employment Administration during the recent webinar organized by the Philippine Overseas Labor Office in Washington, D.C. in celebration of Migrant’s Day.

The contract shall cease when the seafarer completes his period of contractual service aboard the ship, signs-off and arrives at either airport or seaport of the point of hire.If a seafarer keeps working longer than the agreed period, any subsequent period is to be considered an extension of the contract.

Deemed written in the seafarer’s contract is a set of standard provisions implemented by the POEA, called the, which are considered to be the minimum requirements acceptable to the government for the employment of Filipino seafarers on board foreign ocean-going vessels. There are reports that some employers are paying only basic wages, while some none at all, during the extension period.

“A subsequently executed side agreement which reduced one’s salary below the amount approved by the POEA is void because it is against existing laws, morals and public policy. It cannot supersede the contract approved by the POEA. This is a scheme all too frequently resorted to by unscrupulous employers against helpless OFWs who are compelled to agree to satisfy their basic economic needs. Such practice is known as contract substitution for which the recruitment agency may be held accountable”.

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