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BY HERBERT VEGO
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Sunday , September 10, 2017
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THE PUBLIC perception of Filipino seamen on board overseas ships is that they earn much bigger salary than land-based employees. In a sense it’s true: They make so much money that they build palatial homes and buy all trappings of luxury in the wink of an eye. Moreover, they seem to enjoy special treatment from the government through the Philippine Overseas Employment Administration (POEA).
The seamen themselves don’t think so, however. As a matter of fact, they don’t enjoy the normal “security of tenure” accorded to land-based workers. The usual employment contract an average seaman signs with his employer has shrunk to a very short term ranging from six to nine months.
The moment his contract expires, he goes back to square one – at the mercy of his employer who has the option to renew his contract. Otherwise, he is forced to look for another employer, in which case with no assurance of greener pasture. In all cases, his employability hinges on his physical fitness. Whether new or renewable, he is required to undergo the pre-employment medical examination. Unless pronounced “fit to work” by a company-authorized physician, he could not go on board. If unfit, since by now he is no longer covered by an employment contract, he may not even claim medical assistance from his immediate past employer.
On the other hand, if physically disabled due to work-related disease or accident while still within the contract period, he is entitled to company-sponsored hospitalization and medicines for 120 days and may claim corresponding compensation. If he consequently dies, his family is entitled to death benefits.
Here is where conflict between employer and employee arises. The latter, assuming he survives his serious disease or accident, realizes that the end of his money-making days has come. It’s time to fight for total and permanent disability compensation provided by law.
Ironically, it’s at this point when he may no longer be in a position to hire a lawyer.
Take for example the case of Chief Officer Esmeraldo Arriesgado, who had been working just for one shipping company since 1996. His career was still sailing smoothly when he boarded M/V Willow Point off Fiji Island in October.
Months later, however, he from myocardial infarction and hypertension. This necessitated his repatriation to Manila and confinement at the Metropolitan Medical Center.
No longer fit to work, he filed for total disability compensation with Epic Maritime Personnel, his manning agency. The offered compensation, unfortunately, was so insignificant that Arriesgado rejected it and filed a case at National Labor Relations Commission (NLRC) with legal assistance from Atty. Pete Linsangan of the Free Legal Assistance for Seafarers and Heirs (FLASH).
Linsangan took up the cudgels for Arriesgado by filing a case for permanent disability benefits amounting to US $60,000 before the National Labor Relations Commission (NLRC). The labor arbiter assigned to the case, however, recommended a smaller amount.
Undaunted, Linsangan appealed his client’s case. The NLRC thereafter sustained the appeal, ruling that Arriesgado be paid total and permanent disability benefits amounting to US $60,000. The ruling cited the declaration of the company doctor that the subject seafarer had become unfit to further exercise his nautical profession for the rest of his life, hence losing his earning capacity forever. In other words, he could never be employed by any other shipping company.
The defendant eventually paid Arriesgado the compensation due him.
The Free Legal Assistance for Seafarers and Heirs (FLASH) maintains an office in Iloilo City. Its weekly radio program on Aksyon Radyo-Iloilo, “Tribuna sang Banwa” (Sunday, 12:15 p.m. to 1:15 p.m.), entertains seamen’s complaints. (hvego31@gmail.com/PN)
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Kase po yung asawa kopo ay delivery checker 3pm po ay bumaba sya truck dahil emergency po bibili po ng gamot. Pero ang oras po ng truck nila ay 5pm. At kinabukasan po ang nilagay nya na out sa logbook nila ay 5pm out. Pinagreport po sya sa agency nila. Ok na po yun nung unang report tapos eto lang po january 4 2020 pinapunta po ulet sya sa agency nila ang sabe magrereport daw po. Pero may pinapirmahan po sa kanya na tanggal napo sya dahil po sa mga maling deliver nya at yunf tampering po. Tinanggal lang po sya ng walang proseso at agad po syang pinapirma. Ang sabe po sa kanya may makukuha sya pero financial lang daw po. Meron din po ba syang makukuha na back dahil 4years and 8months po sya sa trabaho nila.