Mutiny as ground for dismissal

Tuesday, July 31, 2018, 1:30 a.m. By Atty. Dennis R. Gorecho IN SOME instances, Filipino seafarers who aggressively assert their rights are wrongfully accused of mutiny, leading to the early termination of their contract by dismissal. Mutiny is a conspiracy of an overt act of defiance, oppose or attack upon ship authority by two or

Dubious Certificate of Fitness in disability claims

Monday, January 15, 2018, 11:31 p.m.  By: Atty Dennis R. Gorecho The Supreme Court warned companies from issuing dubious Certificate of Fitness which it described as “a ploy that aims to take advantage of the worker’s lack of sufficient legal knowledge and his desperate circumstances” The Supreme Court ruled in favor of a young seafarer

Negligence causing damage loss, spoilage or deterioration of ship’s stocks and property

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

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

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

Prescription in filing cases

9:19 pm Friday, July 7, 2017 By: Dennis R. Gorecho The prescriptive period under the pre-2000 contract is one year from the date of the seafarer’s return to the point of hire. Under the 2000 contract, prescription is three years from the date the cause of action arises. This harmonizes the contract with the Philippine

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

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

POEA rules on seafarer’s fees

5:14 am Tuesday, May 16, 2017 By: Atty. Dennis R. Gorecho The Revised POEA Rules and Regulations 2016 states how chargeable fees and costs are considered in relation to the  recruitment and employment of Filipino seafarers, the revised rules was passed in accordance with the policy of the Philippine Overseas Employment Administration (POEA)  policy, among others, to uphold the dignity

Translate »