Is a seaman entitled to overtime pay?

A seafarer, or what is commonly known in the Philippines as seaman, is generally not entitled to overtime pay merely on the basis of rendering service during the whole time he is confined in the vessel at sea.

The nature of the job of a seaman is such that he is required to be in the vessel at sea where his services, while following a shifting schedule, may be required at various times during the entire voyage for the safety of passengers, crewmen and cargo.

In PCL Shipping Philippines vs. NLRC (G.R. No. 153031, December 14, 2006), the Supreme Court ruled that the correct criterion in determining if sailors are entitled to overtime pay is not whether they were on board and can not leave ship beyond the regular eight working hours a day, but whether they actually rendered service in excess of said number of hours.

To be entitled to overtime pay, the sailor must therefore prove that he rendered service in excess of the regular eight working hours a day.

In Cagampan v. National Labor Relations Commission (195 SCRA 533 [1991]), the court stated:

"Realistically speaking, a seaman, by the very nature of his job, stays on board a ship or vessel beyond the regular eight-hour work schedule. For the employer to give him overtime pay for the extra hours when he might be sleeping or attending to his personal chores or even just lulling away his time would be extremely unfair and unreasonable."