By HERBERT VEGO
THIS column has received congratulatory messages from overseas Filipino seamen and their relatives, especially those who could have lost disability or death benefits without the assistance of the Free Legal Assistance for Seafarers (FLAS) program spearheaded by the international maritime law firm of Atty. Pedro Linsangan.
Here in Iloilo City, FLAS is represented by paralegals Neri Camiña, Nelly Nobleza and this writer, who host the radio program “Tribuna sang Banwa” on Aksyon Radyo (720 khz) every Sunday, 12:30 p.m. to 1:30 p.m.
Yesterday, Radyo Natin at Estancia, Iloilo began hooking up the program – and will do it every Sunday thereafter – courtesy of station manager Inocencio Tilde.
“Tribuna” started airing the FLAS advocacy in January 2012. What’s it all about?
If you have a husband, a son, a brother or any other relative on an ocean liner, you must have noticed his “insecurity of tenure.” Except in rare cases, his employment contract with the shipping company covers only six to nine months. If he meets a life-threatening accident, catches a debilitating disease or dies beyond his limited contract period, he expects no mercy – not even medicine money – from his employer.
On the other hand, if the same misfortune strikes the seafarer at sea or on land within the contract period, he or his family is compensated in accordance with labor laws. However, it is usually easier said than done. He could be tricked into accepting substandard benefits.
At the expiration of his contract period, the seaman may renew it – but only after passing the pre-employment medical examination.
From the standpoint of the ship owner, usually represented locally by a manning agency, it’s a fair deal aimed at preserving the survival of both the employer and the employee. Needless to say, if the seaman wants to stay on board, the unwritten rule is: Stay healthy.
Otherwise, he would be dropped like a hot potato.
He ought to know that 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.
Between him and his employer, the disabled seaman usually ends up the loser. Unless his employer is so benevolent as to indemnify him in accordance with labor laws, he has to seek the intervention of the National Labor Relations Commission (NLRC).
Otherwise, his alternative is to accept pittance compensation without knowing that he would miss the bigger indemnity he is entitled to.
In a recent visit to Iloilo City, Atty. Pete Linsangan – a maritime lawyer for 43 years – met with seamen clients recommended by “Tribuna sang Banwa.”
“Labor laws are meant to protect you from exploitation,” he told them. “Be not afraid to fight for the right compensation that the law stipulates.”
He cited the case of a certain Judivi Ciriaco, an able seaman who disappeared while on board vessel. Against the crewing agency’s claim that he had committed “suicide by jumping overboard,” hence non-compensatory, the victim’s father decried “foul play” and filed an NLRC case against the agency and the ship owner for death benefits. Since the shipping agency could not prove “suicide,” its officials offered the complainant a compensation of US $75,000.00.
The radio program “Tribuna sang Banwa” has successfully helped many other overseas seafarers or their survivors win cases at the NLRC and the courts of law with the help of the Free Legal Assistance for Seafarers (FLAS) is to render free legal services to exploited seamen and, if already dead, their survivors.
“Tribuna” host Neri Camina may be contacted at cellular phone no. 09177951584.
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Condolences to the bereaved family of our good friend Alvaro “Baroy” Sumaray, 66, who recently returned to his Creator. Younger brother of our colleague Teddy Sumaray, he will be laid to rest at the Cabatuan Cemetery on July 13.
Rest in peace, Baroy./PN
