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…
“Aanhin pa ang damo kung patay na ang kabayo.” Never mind if the seafarer dies before he receives compensation. A popular Filipino saying that applies directly to the possible legal effect of ANGKLA’s bill (House Bill No. 5430) that seeks to delay the execution of the favorable judgment from the National Labor Relations Commission (NLRC)…
Through legislative fiat, ANGKLA partylist is throwing off-balance the already imbalanced legal battle on seafarers claims. Every labor dispute is a David and Goliath battle as it involves two opposing parties: the worker on one side and the management on the other, for monetary claims for disability and death benefits, illegal dismissal as well as…
MAYROON bang exception sa requirement na napapaloob sa Philippine Overseas Employment Administration – Standard Employment Contract (POEA-SEC) na ang isang marino ay dapat sumailalalim sa post-employment medical examination na isasagawa ng company-designated physician sa loob ng tatlong working days pagkabalik sa Pilipinas? Ang sagot ay OO. Ayon sa Section 20 (B) ng POEA-SEC, sa sitwasyon…