1. Setting the scene

“Extended detention” describes any period in which a seafarer is compelled to remain on board ship or in a foreign jurisdiction after the expiry of the contract or without lawful freedom of movement—whether because of piracy, criminal investigations, immigration holds, vessel arrest, port-state quarantine, war, or abandonment. For Filipinos, it raises three urgent questions:

Who is liable for the cost of detention and the seafarer’s losses?
What compensation is available, under which laws and fora?
How is a claim enforced in practice?

2. Governing legal instruments

Layer	Key sources	Relevance to detention & pay
International maritime & labour law	Maritime Labour Convention (MLC), 2006 Reg. 2.5 (Repatriation) & Standard A2.5.2 (Abandonment) • Seafarers’ Identity Docs (ILO 185) • SOLAS, UNCLOS Art. 292 (prompt release)	Mandatory repatriation, wages until return home, right to “essential needs” & repatriation expenses; shipowner/insurer must issue financial security (US $ 200 000 min) for abandonment-related claims.
Philippine statutes	Labor Code (PD 442) Arts. 297-305 (Wage claims, prescription) • RA 8042 as amended by RA 10022 & RA 11641 (Migrant Workers Act; created Dept. of Migrant Workers, DMW) • RA 10801 (OWWA Charter) • RA 11166 (Social protection for SSS and ECC)	Creates state obligation to protect OFWs; wages can be claimed within 3 years; OWWA/DMW provide legal assistance, repatriation loans, livelihood grants.
POEA Standard Employment Contract (SEC) (2022 revision)	Sec. 18 (Repatriation) • Sec. 20-A (Compensation & benefits for illness/injury) • Sec. 29 (Dispute settlement)	Manning agency + principal solidarily liable; basic wage, leave pay & benefits continue “until the seafarer’s arrival at point of hire or when medically repatriated.”
Collective Bargaining Agreements (CBAs)	ITF IBF, AMOSUP-NSU CBAs often extend full wage entitlement beyond repatriation and provide detention allowances (US $50-100/day).
Philippine jurisprudence	Inter-Orient Maritime v. NLRC (G.R. 119222, 1996) – liability solidary; Vergara v. Hammonia (G.R. 172933, 2008) – SEC governs unless CBA superior; Malayan Towage v. Malanao (G.R. 216116, 2017) – moral & exemplary damages when employer acts in bad faith; Sansom v. Guangxhou (NLRC LAC 09-000714-23, 2024) – wages ordered for 11-month piracy detention.

3. Who is liable?

Party	Basis of liability	Typical defences
Shipowner / principal	Contract; MLC financial security; tort	Force majeure rarely excuses wage liability; may argue contractual frustration if employment impossible (rarely succeeds).
Manning agency	Solidary liability under POEA rules and Migrant Workers Act	Can recover later from principal but cannot avoid direct liability to seafarer.
P&I club / war-risk insurer	Policy terms & MLC security certificate	Pays if event covered; piracy & abandonment usually covered; criminal detention sometimes excluded.
Third parties (e.g., pirates, port-state)	Tort or public-law wrong	Practically pursued only through state-to-state espousal or civil action abroad.

4. Types of compensable losses

Contractual wages & allowances
- Basic wage, guaranteed overtime, leave pay, CBA allowances continue until actual arrival in the Philippines.
- If the seafarer continues working during detention (e.g., maintaining ship), overtime must be recorded and paid.
“Sickness wages” (Sec. 20-A POEA SEC)
- If detention causes illness or injury, employer pays up to 120 days full wage, extendible to 240 days (or as per CBA) plus medical costs.
Detention or hardship allowance (CBA-dependent)
- IBF High-Risk Area piracy detention: US $100/day plus doubling of death/disability cover.
Moral, exemplary and nominal damages
- Awarded by NLRC/VA when employer acts in bad faith, negligence, or delay in repatriation (Malayan Towage, 2017). Typical moral damages range ₱50 000–₱200 000; exemplary up to ₱100 000.
Repatriation and subsistence expenses
- Airfare, hotel, food, medical, visa fines, crew change costs – borne by employer under MLC & POEA SEC.
Attorney’s fees
- Ten percent of monetary award by default when seafarer compelled to litigate (Art. 2208 Civil Code).
Loss of earning capacity
- If detention leads to permanent disability, compensation follows standard disability grading (Grade 1: US $60 000 SEC; higher under many CBAs).
Death benefits
- US $50 000 + US $7 000 per child (max 4) SEC baseline; often US $100 000+ under CBAs + P&I supplemental.

5. Where and how to file a claim

5.1 Jurisdictional map

Forum	Typical claim	Pros / cons
NLRC / NCMB-VA (DOLE)	Wage, disability, damages vs manning agency & principal	Cheap, speedy (6-9 mos), enforceable by writ.
DMW Adjudication Office (since 2023)	Illegal dismissal, recruitment violations	Focuses on recruitment offences; wages normally to NLRC but overlapping.
Philippine courts	Tort vs third parties; enforcement of foreign arbitral awards	Long, expensive; useful if award already obtained abroad.
Foreign courts / arbitration (e.g., London LMAA)	When CBA/contract has foreign dispute clause	Enforceable worldwide but costlier; Philippines still allows local suit under Republic v. Sandigan (G.R. 93429, 1991) if worker chooses local forum.

5.2 Step-by-step (NLRC / VA)

File complaint / request for arbitration within 3 years from accrual (Labor Code Art. 306).
Attach evidence:
- Contract & CBA, crew list, logbook excerpts, payslips, port-state or embassy reports, medical records.
Mandatory conciliation-mediation (SENA) – 30 days.
Pleadings / position paper – 10 days after referral.
Decision typically within 90 days; appeal to NLRC Commission, then CA & SC on legal issues only.

5.3 Parallel avenues

OWWA Medrep & Welfare Office abroad: can compel shipowner to post repatriation bond.
DFA Assistance-to-Nationals (ATN): diplomatic démarches; arranges travel documents, negotiates release.
ITF inspectorate: may arrest ship (lien) for unpaid wages under admiralty law.

6. Computing the monetary award

A practical formula used by VAs:

Total wage due = (Daily basic wage + fixed overtime + CBA allowance)
               × No. of days from contract expiry (or capture/date of detention)
               to actual arrival in Manila

Add:

Medical expenses (reimbursed or actual),
Damages (if justified),
10 % attorney’s fees,
Interest 6 % p.a. from filing until full payment (Nacar v. Gallery Frames, G.R. 189871, 2013).

7. Prescription & evidentiary pitfalls

Issue	Rule	Tip
Prescription	3 yrs from “accrual” (usually date of arrival or date wages unpaid); disability claims within 3 yrs from repatriation.	File soon; interruption when complaint filed or employer acknowledges debt.
Burden of proof	Employer must prove wages paid; seafarer must prove detention & length.	Keep embark/disembark certificates, WhatsApp logs, embassy letters.
Contract substitution	Any waiver of detention pay signed abroad is void unless verified by POLO and approved by DMW.	Do not sign blank quitclaims; insist on full wage computation.

8. Tax & social-insurance treatment

Overseas income remains exempt from Philippine income tax (NIRC §23(F)).
SSS, PhilHealth, Pag-IBIG contributions may lapse during detention; seafarer should pay as voluntary member to avoid coverage gap.
ECC benefits (workers’ compensation) apply if illness/injury is work-related and reported within 5 days of repatriation.

9. Practical checklist for seafarers and families

Document everything: detention notice, photos, timestamps, communication logs.
Contact: ship master → manning agency → OWWA post → DFA ATN desk.
Keep receipts: hotels, food, medical, phone cards – these are reimbursable.
Seek legal help early: AMOSUP legal aid or Public Attorney’s Office can draft NLRC complaint.
Mental-health support: OWWA “Balik-Pinay Balik-Hanapbuhay” and E-Wellness programs cover counselling.

10. Emerging trends (2023-2025)

Digital wage payment (Allotment to e-wallets) makes proving non-payment easier via transaction logs.
DMW One-Stop App (launched 2024) allows real-time detention alerts and “panic” button for rapid consular assistance.
Higher war-risk premiums in Red Sea & Gulf of Guinea have led CBAs to increase detention allowance to US $130/day (IBF, effective 1 Jan 2025).
Supreme Court IT Pilot (A.M. 23-05-01-SC) enables e-filing and video testimony from abroad—crucial for seafarers still outside the Philippines.

11. Key take-aways

Wages never stop running until a Filipino seafarer is safely back home, even if the contract term expired.
Liability is solidary between manning agency and foreign principal; the claim is filed domestically with the NLRC or VA.
Compensation goes beyond salary: medical, moral, exemplary damages, attorney’s fees and interest are routinely awarded when detention is prolonged or employer dilatory.
Claims must be brought within 3 years, but swift action ensures better evidence and quicker relief.
State and union mechanisms—OWWA, DMW, DFA, ITF—should be activated immediately to ease both repatriation and later litigation.

For personalised guidance or template pleadings, consult a maritime labour lawyer or the free legal desks of AMOSUP and OWWA.