THE Maritime Labor Convention 2006 (MLC2006) defines a seafarer as 'a person who is employed or engaged or works in any capacity on board a ship to which the Convention applies.' In the simple construction of the definition — any person, regardless of his nationality, the position he holds, the flag of the ship that employs him, or the area of operation of that ship, is a seafarer.

The proposed Magna Carta of Filipino Seafarers (MCFS), on the other hand, defines a seafarer as 'any Filipino who is engaged, employed or engaged in any capacity on board a ship covered by this Act.' The term seafarer under the bill is limited to Filipino nationals. In addition, two categories of seafarers have been included — domestic seafarers and overseas seafarers — the main distinction of which is the area of operation of the ship on which they are employed.