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…
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…
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…
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…
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;…
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…
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…
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…
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…
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…