June 2, 2021

MEDICAL ABANDONMENT DOES NOT ARISE WHEN IT IS DECLARED THAT THE SEAFARER HAS REACHED MAXIMUM MEDICAL IMPROVEMENT

Medical abandonment does not arise given that the company-designated physician, in the confidential medical report dated November 3, 2015, had already declared the former to have […]
August 3, 2021

LABOR OR CONTRACT RELATIONSHIP OF DELIVERY AND COURIER RIDERS WITH THE COMPANY

Labor implications have been expected of the relationship between delivery or couriers riders and the company they deal with. Thus, on 23 July 2021, the Department […]
August 4, 2021

NLRC Rules During the ECQ in NCR for the Period August 6-20, 2021

The National Labor Relations Commission (NLRC) issued Advisory No. 14, dated 2 August 2021 providing rules to govern the Regional Arbitration Branches (RAB) and Sub-RABs in […]
September 2, 2021

RESIGNED EMPLOYEE IS NOT ENTITLED TO SEPARATION PAY

Resigned employee is not entitled to separation according to the recent decision of the Supreme Court. The SC held that as a general rule, the law […]
October 11, 2021

TRUCK DRIVER ON PER TRIP BASIS CAN BE REGULAR EMPLOYEE

Regular employment occurs when there is employer-employee relationship and the employee has been with the company for at least six (6) months and/or has been engaged […]
November 11, 2021

DISSOLUTION OF UNION RENDERS THE CASE IT FILED MOOT AND ACADEMIC

The dissolution of NWRHLU, a  supervening event, is a matter which appellate courts can take judicial notice of even though the same is raised for the […]
January 31, 2022

SEAFARER’S DUTY TO OBTAIN THE OPINION OF HIS OWN DOCTOR ARISES ONLY IF THERE IS A VALID CERTIFICATION OF ILLNESS FROM COMPANY PHYSICIAN

Joemar Babiera Bacabac vs. NYK-FIL Shipmanagement Inc. and NYK Shipmanagement Pte ltd. G.R. No. 228550. July 28, 2021 Private doctor; Valid certification of company physician; Final […]
May 21, 2022

SEAFARER MUST NOTIFY THE AGENCY IN WRITING IF PHYSICALLY INCAPACITATED TO REPORT FOR SCHEDULED MEDICAL EXAMINATION

In the case of Marlow Navigation vs. The Heirs of Antonio Beato (Antonio), G.R. No. 233897, March 9, 2022  the seafarer (Antonio) suffered an illness during […]
May 23, 2022

SEAFARER MUST INITIATE REFERRAL TO THE THIRD DOCTOR

The conflicting findings called for the referral to a third doctor jointly agreed upon by the parties and whose findings shall be final and binding upon […]
error: Content is protected !!