2017: Twenty Second National Seafarers Day

4:41 am Thursday, September 28, 2017 By: Atty. Dennis R. Gorecho The Twenty-Second National Seafarers’ Day was celebrated on September 24, 2017, with the theme “MARINONG FILIPINO: NAG-UUGNAY SA MUNDO”. The Manila celebration was held at the Cuneta Astrodome. Former president Fidel V. Ramos earlier issued on July 9, 1996 Proclamation No. 828 declaring August 18

Negligence causing damage loss, spoilage or deterioration of ship’s stocks and property

5:52 am Wednesday, September 13, 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

Prescription in filing cases

9:19 pm Friday, July 7, 2017 By: Dennis R. Gorecho The prescriptive period under the pre-2000 contract is one year from the date of the seafarer’s return to the point of hire. Under the 2000 contract, prescription is three years from the date the cause of action arises. This harmonizes the contract with the Philippine

Benefits for seafarers sailing into war-like and-high risk areas

2:58 am Friday, June 23, 2017 By: Atty. Dennis R. Gorecho Guidelines on computation of applicable benefits for seafarers sailing into war-like and-high risk areas (GB Resolution No. 5, Series of 2016) issued by the Governing Board of the Philippine Overseas Employment Administration (POEA): issues, adopting the definition of “basic wage” based on guidelines, which “basic

Pre -Employment Medical Examination (PEME) rules

3:05 am Monday, June 19, 2017 By: Atty. Dennis R. Gorecho In some instances, seafarers are made to pay the expenses for the  Pre -Employment Medical Examination (PEME) once he failed the exam or his deployment did not push through. POEA rules states  that seafarer  applicant  shall be required  to undergo medical/health examination with a

Illegal Seafarer’s Loans

4:15 am Thursday, June 1, 2017 By: Atty. Dennis R. Gorecho Appropriate criminal and administrative penalties will be imposed  on persons or entities involved in loan  transactions which are considered  violations under the Amended Migrant Workers and Overseas Filipinos Act (AMWA) R.A.  No. 10022 and the  Revised POEA Rules and Regulations  2016   in relation to the  recruitment and employment of Filipino

POEA rules on seafarer’s fees

5:14 am Tuesday, May 16, 2017 By: Atty. Dennis R. Gorecho The Revised POEA Rules and Regulations 2016 states how chargeable fees and costs are considered in relation to the  recruitment and employment of Filipino seafarers, the revised rules was passed in accordance with the policy of the Philippine Overseas Employment Administration (POEA)  policy, among others, to uphold the dignity

Third doctor opinion rule in seafarer’s compensation claims

Thursday, April 27, 2017 By: Atty. Dennis R. Gorecho In the event of the disagreement on the services of the third doctor, the seafarer has the right to institute a complaint for disability benefits directly before the National Labor Relations Commission (NLRC) or the National Conciliation and Mediation Board (NCMB).           This is the ruling

Substitution or alteration of POEA contract as illegal recruitment

3:17 am Tuesday, March 21, 2017 By: Atty. Dennis R. Gorecho As with all other kinds of worker, the terms and conditions of a seafarer’s employment is governed by the provisions of the contract he signs at the time he is hired. But unlike that of others, deemed written in the seafarer’s contract is a

Unpaid seafarer’s wages

6:04 am Thursday, March 16, 2017 By: Atty. Dennis R. Gorecho In recent time it appears that that seafarers are one of the most exploited and abused group of workers globally. Exploitation, abuse and corruption in shipping industry includes issues related to unpaid, underpaid or delayed payments are the most pressing ones. In many cases

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