Overtime pay

Wednesday, February 6, 2019, 7:01 p.m. By Atty. Dennis R. Gorecho The rendition of overtime work and the submission of sufficient proof that said work was actually performed are conditions to be satisfied before a seafarer could be entitled to overtime pay. The Supreme Court held that the correct criterion in determining whether or not

Post-contract death and medical records on board the vessel

Tuesday, January 29, 2019, 3:55 p.m. By Atty. Dennis R. Gorecho A seafarer ’s illness which caused his post-repatriation death must be properly documented during the term of his contract in relation to death compensation benefits.  As a general rule, the death of the seafarer should occur during the effectivity of the employment contract in order

Seafarer’s stress and stroke

Monday, January 21, 2019, 5:58 p.m. By Atty. Dennis R. Gorecho A seafarer who suffered a stroke on board the vessel must be compensated due to work-related stress. In the case of  Magsaysay Mitsui OSK Marine, Inc, v. Bengson (G.R. No. 198528, October 13, 2014) disregarded the employer ’s claim that the seafarer’s hypertensive cardiovascular disease is not compensable

Unconstitutionality of escrow provision in the Magna Carta

Monday, January 14, 2019, 3:20 p.m. By Atty. Dennis R. Gorecho   The escrow provision in the proposed Magna Carta for Filipino seafarers violates the constitutional guarantee on equal protection. The Joint  Manning Group is pushing for the inclusion of an escrow provision which is a mere dilatory tactic in the execution of the seafarers’ monetary awards.

Stroke and seafarer’s stress

Monday, January 14, 2019, 3:18 p.m. By Atty. Dennis R. Gorecho A seafarer who suffered stroke on board the vessel must be compensated due to work-related stress.  In the case of  Magsaysay Mitsui OSK Marine, Inc, v. Bengson (G.R. No. 198528, October 13, 2014) disregarded the employer’s claim that the seafarer’s hypertensive cardio-vascular disease is not compensable on

Company doctor’s findings not binding in seafarer’s case

Monday, January 7, 2019, 1:50 p.m. By Atty. Dennis R. Gorecho   Courts are not bound to accept, in its entirety, the company doctor’s findings despite the seafarer’s failure to initiate the referral to a third doctor. The Supreme Court said that while failure to refer the conflicting findings between the company-designated physician and the

Stowaways and seafarer’s dismissal

Monday, December 17, 2018, 9:28 p.m. By Atty. Dennis R. Gorecho   A seafarer may be dismissed in the event that he is found to be committing unauthorized acts in connivance with or cuddling of stowaways. The International Transportation Workers Federation (ITF) defines a stowaway as a person who secretly enters a ship without the

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