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.
They proposed said provision while misleadingly blaming the dwindling numbers of deployed seafarers on the increasing number of litigated cases involving monetary claims for disability and death benefits, as well as illegal dismissal, unpaid or underpayment of salaries and wages. Employers are throwing off-balance the already imbalanced legal battle on seafarers’ claims as every labor dispute is a David and Goliath situation.
Under the 1996 POEA contract, for disability or death to be compensable, it was sufficient that the seafarer suffered injury or illness during the term of his employment. The cause of illness or death is immaterial. 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.
The seafarer will wait for longer years before they receive the NLRC/NCMB award if the proposed escrow provision will be included.
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