The Philippines: Update to PHL30445.E of 6 November 1998 and PHL14966 of 5 August 1993 on the consequences a Filipino sailor, who has broken an employment contract, might face upon his return
|Publisher||Immigration and Refugee Board of Canada|
|Author||Research Directorate, Immigration and Refugee Board, Canada|
|Publication Date||1 January 1999|
|Citation / Document Symbol||PHL31100.E|
|Cite as||Immigration and Refugee Board of Canada, The Philippines: Update to PHL30445.E of 6 November 1998 and PHL14966 of 5 August 1993 on the consequences a Filipino sailor, who has broken an employment contract, might face upon his return, 1 January 1999, PHL31100.E, available at: http://www.refworld.org/docid/3ae6ab2c8c.html [accessed 22 May 2013]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
On 5 November 1998 the Research Directorate mailed the following questions to the Philippine Overseas Employment Administration in Mandaluyong City, the Philippines:
Can the Ministry of Labour or the Philippine Overseas Employment Administration fine or suspend the seaman for having broken his contract?
Can the Filipino seaman be sued by his employer or forced by the Ministry of Labour or the Philippine Overseas Employment Administration to complete his employment contract?
Does the Philippine Overseas Employment Administration keep a record of seamen who have broken their employment contracts? How long are these records kept?
Do the consequences of breaking an employment contract vary, depending on the length of the original employment contract, the cause of the contract violation, whether or not this is the seaman's first offense, etc.?
The following information was provided by the Administrator of the Philippine Overseas Employment Administration in a 23 November 1998 letter, which was received by the Research Directorate on 8 January 1999:
With regard to your query nos. 1. and 4, please be informed that under Section 2(n), Rule VII, Book VII of our Rules and Regulations Governing Overseas Employment, unjustified breach of government-approved employment contract by a worker is one of the grounds for disciplinary action against an overseas Filipino seaman. Section 5 of the same Rule provides for the penalty therefor which may involve stern warning, repatriation to the Philippines at the worker's expense, suspension or disqualification from overseas employment program, depending upon the gravity of the offense.
With regard to your query no. 2, our Administration cannot compel or force a Filipino seaman to complete his employment contract against his will. However, a complaint for disciplinary action may be initiated against the seaman by the employer or the manning agency concerned for unjustifiable breach of contract.
As to your query no. 3, our Administration maintains a watchlist of workers who are subject of disciplinary actions. The records of such cases are maintained and form part of our permanent records.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
Philippine Overseas Employment Administration, Mandaluyong City. 23 November 1998. Letter from Administrator.