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

Termination of the POEA contract

1:03 am Thursday, May 11, 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

Third doctor opinion rule in seafarer’s compensation claims

Thursday, April 27, 2017 By: Atty. Dennis R. Gorecho In the event of the disagreement on the services of the third doctor, the seafarer has the right to institute a complaint for disability benefits directly before the National Labor Relations Commission (NLRC) or the National Conciliation and Mediation Board (NCMB).           This is the ruling

Liability of Employer and Manning Agency

9:31 pm Sunday, February 12, 2017 By: Atty. Dennis R. Gorecho   What is the liability of the foreign principal and the manning agent for any and all claims arising out of an employer-employee relationship or by virtue of any law or contract involving a seafarer?  It is “joint and several”, according to the case

Medical attention on board ship

1:50pm February 10, 2017 By: Atty. Dennis R. Gorecho           The experience of a Korean seafarer posted by Humans at Sea  focused on inaction of the owner after he suffered an accident while on board the vessel during the effectivity of his employment contract. The owner refused to send him to a doctor despite

Flow of Seafarers’ Labor cases

4:16 am Monday, February 6, 2017 By: Atty. Dennis R. Gorecho A job of a seafarer is not exactly a walk in the park. Seafarers working for companies for a long period of time are normally saddled with heavy responsibilities relative to the navigation of the vessel, ship safety, and management of emergencies. A seafarer can be

Seafarers as contractual employees

2:41 am Friday, February 3, 2017 By: Atty. Dennis R. Gorecho Seafarers are not entitled to the benefits given to a regular or permanent employee such as 13thmonth pay, reinstatement, separation or termination pay or some instances, even retirement benefits since they are considered merely as contractual employees. This has been the consistent ruling of

Paralegal Lectures on Seafarers’ Rights

Discussion on  legal matters on seafarers’ rights through the combined forces of Sapalo Velez Bundang Bulilan (SVBB) law offices, Luneta Seafarers Welfare Foundation (LUSWELF) and Bantay OCW Radio Inquirer . Regular weekly paralegal lecture at LUSWELF and Usapang Marino on Radyo Inquirer every Wednesday. 10:30 a.m. to 12:00noon DZIQ 990AM. http//www.ustream.tv/ Paralegal Lecture of Seafarers’

Compensation for the Heirs

Tinig ng Marino Article – May-June 2016 Can the heirs claim death benefits even if the seafarer died after his medical repatriation?Yes, as pronounced in the case of Canuel v. Magsaysay Maritime Corporation, et. al (G.R. No. 190161, October 13, 2014), the Supreme Court granted the claims for death benefits even though the seafarer’s death happened

Three separate and distinct benefits of a medically repatriated seafarer

The Filipino  seafarer is entitled to medical treatment at cost to the employer apart from disability benefits and sickness allowance. Away from his family and working on board vessels sailing non-stop for weeks or months the world’s oceans, the Filpino seafarer is physically, mentally and emotionally stressed. Constantly exposed to fluctuating temperatures caused by variant weather changes

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