During a disciplinary investigation of a recruitment violation, the recruiter posited that it should not be held liable for sickness allowance in view of the seafarer’s Affidavit of Desistance.
In Interorient Maritime Enterprises, Inc. v. Valencia, Jr.,1G.R. No. 241621, January 7, 2019 the Supreme Court disagreed:
Petitioner cannot escape liability on the strength of the Affidavit of Desistance executed by respondent. Suffice it to state that such act of desistance on the part of respondent will not bar the [Philippine Overseas Employment Administration] from proceeding with the case against petitioner x x x under relevant rules x x x.2Section 164, Rule V, Part VI of the Revised POEA Rules and Regulations Governing the Recruitment and Employment of Landbased Overseas Filipino Workers of 2016 states: “SECTION 164. Effects of Withdrawal of Complaint/Desistance. — The withdrawal of complaint/desistance shall not bar the Administration from proceeding with the investigation of the recruitment violation. The Administration shall resolve the case on the merits, if there is evidence warranting the imposition of appropriate penalties.”<br/>
Section 148, Rule V, Part VII, of the 2016 Revised POEA Rules and Regulations Governing the Recruitment and Employment of Seafarers states: SECTION 148. Effects of Withdrawal of Complaint/Desistance. — The withdrawal of complaint/desistance shall not bar the Administration from proceeding with the investigation of the recruitment violation. The Administration shall resolve the case on the merits, if there is evidence warranting the imposition of appropriate penalties.
Related Discussion on Sickness Allowance:
Section 20 of the Amended Standard Terms and Conditions Governing the Overseas Employment of Filipino Seafarers On-Board Ocean-Going Ships3POEA Memorandum Circular No. 010, Series of 2010 provides:
SECTION 20. Compensation and Benefits. —
A. Compensation and Benefits for Injury or Illness
The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows: x x x
3. In addition to the above obligation of the employer to provide medical attention, the seafarer shall also receive sickness allowance from his employer in an amount equivalent to his basic wage computed from the time he signed off until he is declared fit to work or the degree of disability has been assessed by the company-designated physician. The period within which the seafarer shall be entitled to his sickness allowance shall not exceed 120 days. Payment of the sickness allowance shall be made on a regular basis, but not less than once a month.
The grant of sickness allowance is to afford a remedy to a seafarer during the period of his treatment as his inability to perform his sea duties would normally result in depriving him of compensation income.
Further Reading:
- Interorient Maritime Enterprises, Inc. v. Valencia, Jr., G.R. No. 241621, January 7, 2019.
