Dismissal: Absence Without Leave (AWOL) and Unauthorized Shore Leaves

2:37 am Thursday, February 16, 2017 By: Atty. Dennis R. Gorecho Shore leave is an ancient and cherished seafarers’ right that should not be denied except for compelling reasons. Shore leave is defined as the period during which a sailor is allowed to take a leave from the ship while the vessel he is working

Liability of Employer and Manning Agency

9:31 pm Sunday, February 12, 2017 By: Atty. Dennis R. Gorecho   What is the liability of the foreign principal and the manning agent for any and all claims arising out of an employer-employee relationship or by virtue of any law or contract involving a seafarer?  It is “joint and several”, according to the case

10 Professional Mistakes Seafarers Should Never Make Onboard Ships

5:48 pm Saturday, February 11, 2017 By: Atty. Dennis R. Gorecho (Reposting an interesting piece from Marine Insight “10 Professional Mistakes Seafarers Should Never Make Onboard Ships“)  There is no dearth of stress on board ships. Ask a seafarer and you will know what it takes to work on board. It is the ultimate test

Medical attention on board ship

1:50pm February 10, 2017 By: Atty. Dennis R. Gorecho           The experience of a Korean seafarer posted by Humans at Sea  focused on inaction of the owner after he suffered an accident while on board the vessel during the effectivity of his employment contract. The owner refused to send him to a doctor despite

Smuggling as ground for dismissal

3:51 am Friday, February 10, 2017 By: Atty. Dennis R. Gorecho Smuggling is the illegal transportation of objects, substances, information or people, into a ship,  or across an international border, in violation of applicable laws or other regulations. The verb smuggle, from Low German schmuggeln or Dutch smokkelen (=”to transport (goods) illegally”), apparently a frequentative formation of a word meaning “to sneak”, most likely entered the English language

Annulment and Legal Separation in the Philippines

10:47 pm Tuesday, February 7, 2017 By: Atty. Dennis R. Gorecho One of the unfortunate consequences of seafarers working away for several months is the falling out of marriage. For couples desperate to find a way out of their troubled marriages, some choose to undergo trying and tedious legal process where they have to incur

Flow of Seafarers’ Labor cases

4:16 am Monday, February 6, 2017 By: Atty. Dennis R. Gorecho A job of a seafarer is not exactly a walk in the park. Seafarers working for companies for a long period of time are normally saddled with heavy responsibilities relative to the navigation of the vessel, ship safety, and management of emergencies. A seafarer can be

Standard Cadet Training Agreement

2:37 am Monday, February 6, 2017 By: Atty. Dennis R. Gorecho Newspapers reported that a 19-year-old cadet from India died last March 29, 2017 on board a merchant ship in Brussels, Belgium. Earlier, MV Starlite Atlantic sank the morning of December 26, 2016 off Tingloy, Batangas due to the onslaught of Typhoon Nina. Fourteen of the 33 crewmen onboard

Seafarers as contractual employees

2:41 am Friday, February 3, 2017 By: Atty. Dennis R. Gorecho Seafarers are not entitled to the benefits given to a regular or permanent employee such as 13thmonth pay, reinstatement, separation or termination pay or some instances, even retirement benefits since they are considered merely as contractual employees. This has been the consistent ruling of

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