Seafarer Benefits After Resignation from AMOSUP: A Comprehensive Overview (Philippine Context)

The Associated Marine Officers’ and Seamen’s Union of the Philippines (AMOSUP) is one of the most prominent seafarers’ unions in the Philippines. Through collective bargaining agreements (CBAs) with shipping principals, AMOSUP helps secure benefits and protections for its member-seafarers. When a seafarer resigns from AMOSUP, questions inevitably arise concerning what benefits remain available. This article discusses the relevant legal and practical considerations in the Philippine context, including union-specific benefits, statutory (government-mandated) benefits, and other rights that may or may not continue after resignation.

1. Union Membership and CBA Entitlements

Nature of AMOSUP Membership
- AMOSUP is a labor union that negotiates and enters into CBAs with various shipping companies.
- Membership in AMOSUP generally extends to licensed officers and rating personnel who voluntarily join and pay membership dues.
Effect of Resignation on CBA Coverage
- While a seafarer is employed under a CBA that AMOSUP has negotiated, certain terms (e.g., higher wages, additional allowances, medical benefits, and other special terms) may apply to them by virtue of being covered under that collective bargaining agreement.
- Upon Resignation: If a seafarer resigns from AMOSUP but remains employed under the same shipping company and that company’s contract still references the AMOSUP CBA, coverage of specific CBA benefits might be limited to union members only.
  - In other words, if the CBA explicitly conditions some benefits on union membership, those benefits could be lost upon a valid resignation.
  - If the contract or shipping company requires union membership as a condition of employment (closed-shop or union-security agreements), then a resignation might affect ongoing employment or require renegotiation of certain terms.
Union-Specific Welfare Programs
- Medical and Hospitalization Benefits: AMOSUP has historically maintained medical programs and partnerships (e.g., Seamen’s Hospital) offering outpatient and inpatient services at subsidized or minimal cost to members. A seafarer who resigns will typically no longer be entitled to these union-specific benefits.
- Educational and Training Programs: AMOSUP may provide scholarships, training subsidies, or other educational benefits. These are commonly extended only to current members or their dependents; thus, upon resignation, these benefits would generally cease.

2. Statutory Benefits Under Philippine Law

Regardless of union membership, a seafarer in the Philippines remains entitled to certain statutory benefits mandated by law. These do not disappear merely because one resigns from AMOSUP. Key statutory benefits include:

Social Security System (SSS)
- Mandatory membership in the SSS ensures coverage for retirement pensions, death benefits, permanent disability benefits, and other assistance.
- A seafarer’s resignation from a union does not affect SSS contributions or entitlements, as these are mandatory employer-employee contributions under Philippine law.
PhilHealth
- Seafarers contribute to PhilHealth either through direct or employer remittances, ensuring coverage for hospitalization and certain medical procedures.
- Membership in AMOSUP can provide additional coverage or discounts in some affiliated clinics/hospitals, but basic PhilHealth benefits remain intact regardless of union status.
Pag-IBIG Fund (HDMF)
- Seafarers are also mandated to contribute to the Home Development Mutual Fund (Pag-IBIG), providing access to housing loans and short-term loans.
- These entitlements are unaffected by union membership status.
POEA Standard Employment Contract (POEA SEC)
- The POEA (Philippine Overseas Employment Administration) Standard Employment Contract sets the minimum terms and conditions for overseas Filipino seafarers. It covers:
  - Repatriation costs in case of contract completion or termination due to medical illness/injury.
  - Medical treatment for work-related injuries or illnesses and corresponding disability benefits if applicable.
  - Wage protection including basic pay, overtime, and leave pay.
- These are statutory/contractual protections mandated by the government and do not hinge on membership in any union.

3. Benefits Under the Labor Code and Related Regulations

Termination and Final Pay
- Upon completion of a contract or resignation from a position onshore, the seafarer is entitled to final pay in accordance with the Labor Code of the Philippines and the POEA SEC if they are still under contract.
- This final pay includes salaries due, allowances, and other amounts owed for the applicable period of employment.
Retirement Pay (for Land-Based Employees)
- For seafarers working ashore or in positions not covered by the POEA SEC, resignation triggers the application of general Labor Code provisions on retirement pay—if the employer has a retirement policy or if there is an applicable CBA. In some instances, a private arrangement with the employer may exist.
Contractual and Company-Specific Benefits
- Some shipping companies offer ex gratia benefits or retirement packages for long-serving employees. These benefits might be tied to union-negotiated CBAs or be purely company-driven. If these benefits are union-specific, then resigning from AMOSUP might lead to forfeiture.

4. Medical and Disability Benefits Under Maritime Law

Medical Repatriation and Disability Claims
- Under the POEA SEC and related DOLE (Department of Labor and Employment) regulations, injured or sick seafarers are entitled to medical treatment and, if necessary, repatriation.
- Disability grading and compensation are governed by the POEA SEC provisions. These apply regardless of union membership, as long as the seafarer’s injury or illness is work-related and occurred during the term of the contract.
Claims for Work-Related Illnesses
- Seafarers can still file claims through the National Labor Relations Commission (NLRC) or voluntary arbitration for work-related illnesses or injuries even after resigning from a union, provided these arose during covered employment periods.

5. Legal Considerations When Resigning from AMOSUP

Union-Security Clauses
- Some CBAs include “union-security clauses,” which could require continued union membership as a condition of employment (closed-shop agreements). Resignation from the union might lead to termination of employment if the contract strictly requires membership.
- Seafarers should review the specific CBA or the employment contract to understand these clauses and their impact.
Processing of Resignation
- An official resignation letter typically must be submitted to AMOSUP. The union might require the settling of any outstanding fees or dues.
- A proper paper trail ensures that the union and the shipping company are aware of the change in membership status.
Possible Loss of Certain Benefits
- As noted, union-sponsored medical care (Seamen’s Hospital programs), access to union training facilities, and other union welfare initiatives typically require active union membership.
- If a seafarer values these services for themselves or their dependents, they need to consider the implications of resignation.
Continuing Statutory Entitlements
- Even after resignation, seafarers retain their statutory entitlements under SSS, PhilHealth, Pag-IBIG, and the POEA SEC.
- Any previously accrued benefits from these statutory programs cannot be taken away solely because of union resignation.

6. Practical Tips for Seafarers

Review Your Employment Contract
- Before resigning from AMOSUP, examine the employment contract or the CBA under which you are working. Identify all benefits, especially those conditional on union membership.
Consult with a Labor Lawyer or Union Representative
- It may be helpful to consult a labor lawyer, the union’s legal department, or an independent labor consultant to ensure clarity on which benefits you might lose or retain.
- Although you plan to resign from the union, obtaining objective legal advice on the full ramifications can prevent misunderstandings.
Communicate with Your Employer
- If your employer’s shipping company has a special arrangement with AMOSUP, inform your employer about your intended resignation and clarify how it impacts your employment. This is crucial to avoid contractual disputes or confusion regarding wages and benefits.
Maintain Contributions to Government Agencies
- Resignation from the union does not affect your obligation to contribute to SSS, PhilHealth, and Pag-IBIG. Ensure your records remain updated, and continue paying (or have your employer remit) the required contributions.
Keep Detailed Records
- Always maintain copies of your CBA, employment contract, payslips, and official correspondence with AMOSUP or your employer.
- These documents can prove vital if disputes or claims arise after you resign from the union.

7. Conclusion

Resigning from AMOSUP will generally terminate the seafarer’s access to union-specific benefits and services, including those under the union’s negotiated CBAs (where those benefits depend on active membership). However, a seafarer retains their statutory entitlements under Philippine labor laws, the POEA Standard Employment Contract, and government social insurance programs like SSS, PhilHealth, and Pag-IBIG.

The key is to thoroughly understand the nature of any union-specific benefits—particularly medical, retirement, educational, and training benefits—and weigh those against your reasons for resignation. Always review your current contract and consult a legal professional if you are uncertain about any aspect. By doing so, you can make an informed decision regarding membership in AMOSUP and protect your statutory and contractual rights as a Filipino seafarer.