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…
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…
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…
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…
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…
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…
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…
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…
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…
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…