Mutiny as ground for dismissal

Tuesday, July 31, 2018, 1:30 a.m. By Atty. Dennis R. Gorecho IN SOME instances, Filipino seafarers who aggressively assert their rights are wrongfully accused of mutiny, leading to the early termination of their contract by dismissal. Mutiny is a conspiracy of an overt act of defiance, oppose or attack upon ship authority by two or

Incompetence & inefficiency as grounds for dismissal

Monday, May 28, 2018, 10:52 p.m. By Atty. Dennis R. Gorecho   Where a penalty less punitive would suffice,  whatever missteps may have been committed by the worker ought not to be visited with a consequence so severe such as dismissal from employment Poor or unsatisfactory performance of an employee does not necessarily mean that

Incompetence and Inefficiency as grounds for dismissal

3:30 am Tuesday, August 15, 2017 By: Atty. Dennis R. Gorecho It is settled that the employer has the burden to prove that the dismissal of a seafarer is based on a valid cause. To discharge this burden, the employer must present substantial evidence – or such amount of relevant evidence that a reasonable mind

Violations of company policies and regulations as grounds for dismissal

4:01 am Tuesday, August 1, 2017 Atty. Dennis R. Gorecho Violations of   company policies and regulations are considered valid grounds for dismissal under the Philippine Overseas Employment Administration- Standard Employment Contract (POEA-SEC), which cover any of the following acts: pilferage or theft of ship’s store or cargo; pilferage or theft of ships property of crews or passengers or

Gambling as a ground for dismissal

5:19 am Tuesday, July 25, 2017 Atty. Dennis R. Gorecho Gambling is one of the twenty one (21) offenses which are considered valid grounds for dismissal under the Philippine Overseas Employment Administration- Standard Employment Contract (POEA-SEC), which covers any of the following acts: gambling which results in fighting or any incident as to upset the harmonious relationship

Insubordination as a ground for dismissal

4:13 am Monday, July 3, 2017 By: Dennis R. Gorecho Insubordination is one of the twenty one (21) offenses which are considered valid grounds for dismissal under the Philippine Overseas Employment Administration- Standard Employment Contract (POEA-SEC), which covers any of the following acts: any act of disobedience to  lawful orders of a superior officer; attempting to assault a superior officer;

Sleeping on post while on duty as ground for dismissal

3:12 am Friday, June 16, 2017 By: Atty. Dennis R. Gorecho Seafaring is a job with an inherently stressful environment.  As the technical and specialized nature of the maritime industry requires constant alertness and intense concentration from its workers, sleeping on post while on duty can be detrimental, which may even lead to a maritime disaster. The Supreme

Drunkenness as ground for dismissal

4:12 am Tuesday, May 23, 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. It is the duty

Termination of the POEA contract

1:03 am Thursday, May 11, 2017 By: Atty. Dennis R. Gorecho The employment of Filipino seafarers is governed by the Standard Employment Contract (SEC) they sign and duly approved by the Philippine Overseas Employment Administration (POEA) every time they are rehired and their employment is terminated upon its completion. As a general rule, the employment of the seafarer shall cease

Illegal Recruitment under Migrant Law and Revised Penal Code

3:36 am Tuesday, March 14, 2017 By: Atty. Dennis R. Gorecho It is settled that a person may be charged and convicted separately of illegal recruitment under Republic Act No. 10022 in relation to the Labor Code, and estafa under Art. 315, paragraph 2(a) of the Revised Penal Code. The crime of Simple Illegal Recruitment,

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