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…
Monday, May 28, 2018, 10:52 p.m. By Atty. Dennis R. Gorecho Where a penalty less punitive would suffice, whatever missteps may have been committed by the worker ought not to be visited with a consequence so severe such as dismissal from employment Poor or unsatisfactory performance of an employee does not necessarily mean that…
3:30 am Tuesday, August 15, 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…
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…
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…
5:58 am Friday, March 3, 2017 By: Atty. Dennis R. Gorecho Insubordination is one actuation identified by the Philippine Overseas Employment Administration- Standard Employment Contract (POEA-SEC) as a ground for dismissal of Filipino Seafarers. It consists of any of the following: any act of disobedience to lawful orders of a superior officer attempting to assault a superior…
2:37 am Thursday, February 16, 2017 By: Atty. Dennis R. Gorecho Shore leave is an ancient and cherished seafarers’ right that should not be denied except for compelling reasons. Shore leave is defined as the period during which a sailor is allowed to take a leave from the ship while the vessel he is working…
5:48 pm Saturday, February 11, 2017 By: Atty. Dennis R. Gorecho (Reposting an interesting piece from Marine Insight “10 Professional Mistakes Seafarers Should Never Make Onboard Ships“) There is no dearth of stress on board ships. Ask a seafarer and you will know what it takes to work on board. It is the ultimate test…
3:51 am Friday, February 10, 2017 By: Atty. Dennis R. Gorecho Smuggling is the illegal transportation of objects, substances, information or people, into a ship, or across an international border, in violation of applicable laws or other regulations. The verb smuggle, from Low German schmuggeln or Dutch smokkelen (=”to transport (goods) illegally”), apparently a frequentative formation of a word meaning “to sneak”, most likely entered the English language…