The inclusion of an escrow provision in the pending Magna Carta for Filipino seafarers will adversely affect the legal battle for labor claims. The employers and manning agencies again proposed the…
The inclusion of an escrow provision in the pending Magna Carta for Filipino seafarers will adversely affect the legal battle for labor claims.
Described as “ambulance chasers”, they have deliberately and sweepingly depicted seafarers’ lawyers as “unscrupulous” in an attempt to deflect the real issues why cases are being filed. They criticized most lawyers who go to lengths to push seafarers to file labor cases against their foreign employers.
Valid claims, employers argue, necessarily must follow what the POEA contract dictates: a contract that contains terms and conditions formulated more favorable to his employer and is littered with ambiguous provisions, generalizations, technicalities that he does not understand. Two elements must concur for compensability: first, that the injury or illness must be work-related; and second, it must have existed during the term of the seafarer’s employment contract. The first requirement appeared in the 2000 and 2010 POEA contract but is absent in the 1996 version.
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