Unconstitutionality of escrow provision in the Magna Carta

Monday, January 14, 2019, 3:20 p.m. By Atty. Dennis R. Gorecho   The escrow provision in the proposed Magna Carta for Filipino seafarers violates the constitutional guarantee on equal protection. The Joint  Manning Group is pushing for the inclusion of an escrow provision which is a mere dilatory tactic in the execution of the seafarers’ monetary awards.

Stroke and seafarer’s stress

Monday, January 14, 2019, 3:18 p.m. By Atty. Dennis R. Gorecho A seafarer who suffered stroke on board the vessel must be compensated due to work-related stress.  In the case of  Magsaysay Mitsui OSK Marine, Inc, v. Bengson (G.R. No. 198528, October 13, 2014) disregarded the employer’s claim that the seafarer’s hypertensive cardio-vascular disease is not compensable on

Seafarer’s loans and prohibited recruitment acts

Sunday, September 9, 2018, 11:23 p.m. By Atty. Dennis R. Gorecho Despite the perceived high income they receive, it becomes difficult for some Filipino seafarers to make the earnings last for the period of vacation and examinations, which in recent times can be inordinately long. Not all seafarers have the privilege of getting redeployed immediately after

Leptospirosis in the seafaring industry

Thursday, August 23, 2018, 12:49 a.m. By Atty. Dennis R. Gorecho     Because of their nature of work, seafarers are bound to visit many ports in different parts of the world and are thus exposed to various pandemic and epidemic diseases. One of the infections that a seafarer may suffer while on board the vessel

Extension of the seafarer’s contract

Tuesday, August 7, 2018, 12:03 a.m. By Atty. Dennis R. Gorecho Seafarers are considered contractual employees. Their employment 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 when the contract expires. Their employment is contractually fixed for

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

For your eyes only

Friday, July 13, 2018, 1:17 a.m. By Atty. Dennis R. Gorecho Protection of eyes is of paramount importance while working on ships. Shipboard jobs such as welding, chipping, painting, and working with hazardous material such as oil and chemicals as well as exposure to the sun’s UV rays pose great danger to the seafarer ’s eyes.   If

Sickness Allowance

Monday, July 9, 2018, 3:20 a.m. By Atty. Dennis R. Gorecho A medically repatriated seafarer would normally result in depriving him of compensation income due to his inability to perform his sea duties. Away from his family and working on board vessels sailing non-stop for weeks or months the world’s oceans, the Filipino seafarer is

Escrow deposit in seafarers’ cases

Thursday, June 28, 2018, 4:02 a.m. By Atty. Dennis R. Gorecho In terms of labor litigation, “escrow deposit” plays a significant role in a seafarer’s favorable decision on his monetary claims. Every labor dispute involves two opposing parties:  the worker on one side and the management on the other, involving monetary claims like disability and death

Noise and Seafarer’s hearing loss

Friday, June 22, 2018, 6:46 a.m. By Atty. Dennis R. Gorecho     Noise is a major health hazard to seafarers. It causes hearing loss over years of being exposed from various sources like large diesel engines, turbines, cargo cranes, and other equipment. Hearing loss caused by noise exposure is called sensorineural, a type of hearing loss

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