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 […]
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 […]
June 5, 2022

AN INDIVIDUAL ENGAGED FOR HER UNIQUE SKILLS, EXPERTISE, AND TALENT IS AN INDEPENDENT CONTRACTOR

An independent contractor is one who carries on a distinct and independent business and undertakes to perform the job, work, or service on their own account […]
June 10, 2022

LIBERAL INTERPRETATION OF THE RULES IS PRIMARILY GRANTED TO EMPLOYEES AND NOT EMPLOYER

The liberality of procedural rules is  qualified by two requirements: (1) a party should adequately explain any delay in the submission of evidence; and (2) a […]
June 29, 2022

RULES ON PLEADINGS IN LABOR CASES

The following rules are based on the 2011 NLRC Rules of Procedure, as amended: Complaint A complaint or petition is a pleading alleging the cause or […]
July 1, 2022

PROCEEDINGS BEFORE THE LABOR ARBITER IN LABOR CASES PART 1

The Labor Arbiter who has jurisdiction over the labor dispute is guided by the 2011 NLRC Rules of Procedure as to the conduct of proceedings in […]
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