Dubious Certificate of Fitness in disability claims

Monday, January 15, 2018, 11:31 p.m.  By: Atty Dennis R. Gorecho The Supreme Court warned companies from issuing dubious Certificate of Fitness which it described as “a ploy that aims to take advantage of the worker’s lack of sufficient legal knowledge and his desperate circumstances” The Supreme Court ruled in favor of a young seafarer

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

Assumption of liability not a defense

2:35 pm Tuesday, August 15, 2017 By: Atty. Dennis R. Gorecho The original manning agency cannot claim that it will be exempted from liability because it is no longer the manning agency responsible to the dismissed seafarers since the new manning agencies had executed Affidavits of Assumption of Responsibility. In Section 1 of Rule II

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

Insanity and Suicide

4:12 am Thursday, July 27, 2017 By: Atty. Dennis R. Gorecho Homesickness and/or family problems may result to depression, but the same does not necessarily equate to mental disorder that will  enable the heirs to be entitled   to death benefits for a seafarer who allegedly committed suicide. This was the ruling of the Supreme Court

Voluntary Repatriation

1:00am Friday, June 9, 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 when

Suicide and seafarer’s death compensation cases

5:09 am Thursday, May 25, 2017 By: Atty. Dennis R. Gorecho A UK P&I study noted that Suicide is the highest cause of fatalities at sea as a result of mental health issues among seafarers, accounting for 15% of deaths. Factors for suicides in the case of seafarers include young age, isolation and the impact

Suicide the top cause of seafarer deaths

3:43 am Wednesday, May 24, 2017 By: Atty. Dennis R. Gorecho The UK P&I Club is putting the spotlight on seafarer mental health with suicide the cause of 15% of deaths at sea. As career seafarers are second most at risk from suicide, Anuj Velankar, a senior loss prevention advisor in UK P&I Club, held

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

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

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