Definitive assessment of a seafarer’s disability

4:00 am Wednesday, August 30, 2017 By: Atty. Dennis R. Gorecho A seafarer is considered as suffering permanent total disability if the medical statement of the company doctor is devoid of any definitive declaration as to the seafarer’s capacity to return to work or at least a categorical and final degree of disability. For the courts and labor

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

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

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

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

Cancer and Filipino seafarers

5:08 am Thursday, May 25, 2017 By: Atty. Dennis R. Gorecho Seafarers are exposed to occupational risk factors, as well as environmental risk factors, as part of their normal everyday activities since they spend a large part of their lives at sea. Most seafarers live and work under extremely hazardous conditions that can cause serious short-term

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