Question on Illegal Dismissal from Vessel Employment in the Philippines
Question:
The client was illegally dismissed from the vessel where they work without any notice or warning letter. They want to know if they can take legal action under Philippine law.
Answer:
Laws Applicable:
- Labor Code of the Philippines: Specifically, Articles 277 and 279, which discuss unfair dismissal and the right to due process.
- Magna Carta for Seafarers (draft): Although not yet a law, this draft legislation provides for the rights and protection of seafarers.
What Constitutes Illegal Dismissal?
Under Philippine law, illegal dismissal occurs when an employee is terminated without just or authorized cause and without observance of procedural due process.
Can You Sue for Illegal Dismissal?
Yes, you can sue for illegal dismissal if you were terminated without just or authorized cause and without due process.
What Are the Remedies Available?
- Back Wages: Compensation from the time of illegal dismissal up to the time of reinstatement.
- Separation Pay: If reinstatement is not possible or practical, separation pay may be awarded instead.
- Damages: Moral and exemplary damages may also be claimed.
What is the Process?
- Consult a Lawyer: Seek the counsel of a labor lawyer to guide you through the legal process.
- File a Complaint: Lodge a complaint with the National Labor Relations Commission (NLRC) or the Department of Labor and Employment (DOLE).
- Attend Hearings: Both parties will be called for a mandatory conference and hearing where evidence will be presented.
- Appeals: If the decision is unfavorable, it can be appealed to higher courts.
Recommendation:
Given the complexities associated with employment law, especially in maritime settings, consulting a lawyer who specializes in labor or maritime law is highly advisable.
Disclaimer:
This article is intended for informational purposes only and does not substitute for professional legal advice. Consult a lawyer for advice tailored to your individual circumstances.