2026 Department of Migrant Workers (DMW) Seabased Rules - Key Changes

4.  1. Vital Partnership

   • Emphasis on ensuring full and quality employment
   • Licensed Manning Agencies (LMAs) and shipowners are considered “vital partners”

    

5. 2. Expanded Definitions and Coverage

   • New or clarified concepts (e.g., abandonment, accommodation, bullying, distressed seafarer)
   • Recognition of intermodal sector (subject to future guidelines)
   • Introduction of ethical recruitment standards (subject to Code of Ethical Recruitment to be developed by industry and DMW)
   • Replacement of “OEC” with “OFW Clearance”

    

6. 3. Licensing and Capital Requirements

   • Licensing and Capital Requirements
   • Capital must be substantially maintained at PhP 5M
   • Escrow increased to PhP 1.5M with LMAs given one (1) year to comply
   • Provisional license:
   • valid for 3 years (non-extendible)
   • must deploy 75 seafarers within 3 years to its new principal/vessels only
   • Regular license:
   • now valid for 6 years
   • New compliance requirements:
   • Data Protection Officer
   • Non-Disclosure Agreements with officer/employees
   • Quality Management System (for regular license/renewal)

    

8. 4. Stronger Compliance and Monitoring

   • Regular assessments every two (2) years (including data privacy compliance)
   • Mandatory:
   • quarterly monitoring report
   • incident reporting
   • Critical incidents must be reported within 5 days from being informed, with ongoing updates (i.e. bi-monthly reports to DMW and next of kin until resolved)

    

   5. Accreditation of Principals

   • Accreditation validity increased to 6 years
   • Introduction of discretionary provisional principal accreditation valid for 150 calendar days
   • More detailed requirements for:
   • financial security
   • insurance (COC)
   • Structured rules on:
   • transfer of accreditation
   • multiple principals in special vessels

    

   6. Transfers Between Agencies

   • Transfers may be deferred if:
   • deployment or repatriation is ongoing
   • seafarers may be prejudiced
   • absence of No-Objection Letter from old agency
   • DMW will not resolve disputes between parties
   • Disputes must be:
   • settled internally or in court
   • However:
   • transfers may still proceed if public interest requires

    

   7. Recruitment and Advertising

   • Vloggers and agents who advertise must be authorized by the LMAs and acknowledged by the DMW
   • Recruitment outside office is more tightly regulated
   • Stronger controls on job advertising and promotion (e.g. principals cannot advertise directly)

    

   8. Seafarer Deployment and Documentation

   • Direct hiring is expressly prohibited
   • OFW Clearance:
     • must report to DMW within 30 days
     • must cancel documents
   • valid for 60 days
   • if not deployed:
   • On-board contract processing now recognized

    

   9. Vessel Coverage Clarified

   • Covered:
   • commercial vessels, mobile offshore/drilling units, cruise ships, yachts, commercial fishing vessels
   • Not covered:
   • warships, naval auxiliaries, government non-commercial vessels
   • Special ships may be allowed multiple principals/LMAs

    

   10. Employment Standards and Welfare

   • CBA coverage must be disclosed before signing
   • Seafarers must be given a copy of the CBA
   • Salary or CBA changes must be reported to DMW
   • Wages continue in certain cases (e.g., detention due to external causes)
   • Distinction introduced for detention due to criminal cases

    

   11. Stronger Seafarer Protection

   • Mandatory:
   • welfare monitoring
   • reporting to next of kin
   • Repatriation:
   • destination may be chosen by seafarer or next of kin (point of hire or domicile)
   • Costs may be initially advanced by DMW AKSYON fund, subject to reimbursement

    

   12. Stricter Enforcement and Penalties

   • Unlawful collections (any amount) → cancellation of license
   • Habitual violations → maximum penalty
   • Alternative fines allowed only for suspension (not cancellation)
   • Execution of penalties of suspension or cancellation may proceed pending appeal
   • Clemency may be allowed by DMW in certain cases

    

   13. Procedural and Dispute Rules

   • Money claims still outside DMW jurisdiction
   • DMW handles:
   • regulatory and disciplinary matters only
   • Venue rules clarified (based on seafarer residence or place of recruitment or LMA principal office location at the option of seafarer)

    

   Note: New Seabased Rules take effect on 2 July 2026. Further details on changes omitted from this write-up  may be discussed separately with our Firm’s lawyers, should you require further clarification.

    

    

   For full copy of the DMW Department Circular No 6 Series of 2026, please see the downloads page on our website or click

   https://www.delrosariolaw.com/en/e-library/downloads

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