Post-contract death and medical records on board the vessel

Tuesday, January 29, 2019, 3:55 p.m. By Atty. Dennis R. Gorecho A seafarer ’s illness which caused his post-repatriation death must be properly documented during the term of his contract in relation to death compensation benefits.  As a general rule, the death of the seafarer should occur during the effectivity of the employment contract in order

Termination due vessel sale or change of principal

Monday, September 3, 2018, 10:01 p.m. By Atty. Dennis R. Gorecho   The seafarer is entitled to receive his basic wage until the date of joining another vessel in the event of vessel sale or change of principal and he opted to complete his contract by joining another vessel of the same principal. The  employment of

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

Panay News Articles

February 8, 2019 – Stroke and seafarer’s stress February 2, 2019 – Compulsory insurance coverage of OFWs January 13, 2019 – ‘Aurora’ and the maritime tragedies in PH 2018 December 29, 2018 – Filipino seafarers are not probationary employees December 20, 2018 – Gambling as a ground for dismissal December 15, 2018 – Seafarers’ claims to be delayed by placing awards

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

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