Grounds for dismissal

1:20 am Saturday, February 11, 2017

By: Atty. Dennis R. Gorecho

Before a seafarer can be dismissed and discharged from the vessel, it is required that he be given a written notice regarding the charges against him and that he be afforded a formal investigation where he could defend himself personally.

Section 33 of the Philippine Overseas Employment Administration- Standard Employment Contract (POEA-SEC) enumerates twenty-one (21) offenses which are considered valid grounds for dismissal. When a seafarer commits such act(s); he may be penalized by the master of the vessel with dismissal and be made to pay the cost of repatriation and his replacement. Additionally, an administrative complaint or disciplinary action against the seafarer may be filed before the POEA, who, after due investigation, may impose penalties ranging from suspension to delisting, depending on the gravity of the offense and the frequency of the violation(s).

In case of an illegal dismissal, a seafarer is entitled to receive from his employers His salaries for the unexpired portion of his employment contract not merely his salaries for three (3) months for every year of the unexpired term.


  1. Smuggling or violation of any custom rules and regulations of the Philippines and foreign ports
  2. Desertion
  3. Absence without leave
  4. Sleeping on post while on duty
  5. Insubordination
  6. Drunkenness
  7. Creating trouble outside the vessel’s premises
  8. Gambling
  9. Violation of company policies and regulations
  10. Incompetence and inefficiency
  11. For inciting mutiny, malicious destruction of ship’s property at any activity which will hamper the efficient operation of the vessel
  12. Concerted action to breach approved contracts
  13. Any activity which tends to destroy harmonious relationship of the company
  14. Grave abuse of authority
  15. For gross misbehavior prejudicial to good order and discipline
  16. Causing through neglect, damage loss, spoilage or deterioration of vessel’s stocks and property
  17. Connivance with or cuddling of stowaway
  18. For willfully making false statement, reports, certification or spurious seafarer’s documents for personal gain or with intent to mislead or defraud the company
  19. Any other case as to cast aspersions on the good name of the company and vessel
  20. Violation of safety and environmental rules/regulations
  21. Failure to observe the drug and alcohol policy of the company

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