5:58 am Friday, March 3, 2017 By: Atty. Dennis R. Gorecho Insubordination is one actuation identified by the Philippine Overseas Employment Administration- Standard Employment Contract (POEA-SEC) as a ground for dismissal of Filipino Seafarers. It consists of any of the following: any act of disobedience to lawful orders of a superior officer attempting to assault a superior…
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…
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…
The Filipino seafarer is entitled to medical treatment at cost to the employer apart from disability benefits and sickness allowance. Away from his family and working on board vessels sailing non-stop for weeks or months the world’s oceans, the Filpino seafarer is physically, mentally and emotionally stressed. Constantly exposed to fluctuating temperatures caused by variant weather changes…
Tinig ng Marinao Article – March -April 2016 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?…read more…click the full article below.
To promote the protection of its seabased Overseas Filipino Worker (OFW) members, the Overseas Workers Welfare Administration-Regional Welfare Office (OWWA RWO) VI recently held a free seafarers’ rights and welfare seminar. Thirty-four (34) seafarers and representatives from the local manning agencies attended the half-day discussion at the OWWA-RWO VI’s Pre-Departure Orientation Seminar (PDOS) room last January…
“Things past redress are now with me past care” – William Shakespeare. THE EMPLOYMENT relation between the manning agency representing the shipping company as the employer, and the seafarer as the employee, may cease not only upon the initiative or the employer based on authorized or just causes but also by reason of the free…
“Arava u mayet an namaes u ryes”, “There is no strong man when the sea is at its worst”, goes the Ivatan proverb. As I traveled around this northernmost part of the Philippine Archipelago last Holyweek, I discovered that what I read about the place is true, if not an understatement. Also known as the…
Seafarer’s illegal dismissal Panay News – April 5, 2016 BY ATTY. DENNIS R. GORECHO UNDER the Philippine legal system, the reason for one’s termination of employment is as important as the manner it is done. Both the reason and the manner must be appropriate, otherwise the termination itself is gravely defective and may be declared unjustified. Dismissal…
Unreasonable Non-Deployment Will the unreasonable nondeployment of a seafarer entitle him to payment of actual damages? The most recent case of Stolt-Nielsen Transportation Group, Inc. and Chung Gai Ship Management vs. Sulpecio Medequillo, Jr. (G.R. No. 177498, January 18, 2012) confirms the standing rule that a seafarer must indeed be compensated as a result of…