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

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

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

The 120/240 day rule on seafarer’s disability cases

12:36 am Tuesday, July 11, 2017 By: Atty. Dennis R. Gorecho The number of days under medication is a significant element in determining the disability benefits of a seafarer who was a medically repatriated. The seafarer’s standard employment contract of the Philippine Overseas Employment Administration (POEA)    enumerates under Section 20(A) (3) the three classes of benefits the

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

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

Pre-Employment Medical Examination (PEME) and pre-existing illnesses

2:29 am Friday, June 2, 2017 By: Atty. Dennis R. Gorecho According to the International Labor Organization (ILO),  the aim of the  Pre -Employment Medical Examination (PEME)  is to ensure that the seafarer being examined is medically fit to perform his or her routine and emergency duties at sea and is not suffering from any medical condition

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

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

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