By Herbert Vego
ON the radio program “Tribuna sang Banwa” — sponsored by the Free Legal Assistance for Seafarers and Heirs (FLASH) on Aksyon Radyo — we tackle questions from seafarers with labor problems. For this column, is a seaman terminated prior to expiration of his contract entitled to full compensation.
This is a queer case of two ship captains who competed to command an overseas vessel, which played out with a humiliating consequence for one of them.
To begin with, the opportunity presented itself to Ali Yosoya (true name withheld) when the Shiplink Agency hired him, in behalf of Shen Zhen Blue Shipping, to be the captain of an oil tanker, M/V Bossoil, for a salary of US $6,000 per month.
On boarding the ship, however, he discovered to his chagrin that the supposedly “previous” captain, also a Filipino, had not left the vessel on the ground that his contract had not yet expired.
Yosoya insisted on contesting the post. Unfortunately, a high official of the shipping agency ruled in favor of the “unexpired” ship master. His offered solution was to demote Yosoya to one rank lower, as chief mate, naturally with a lower salary of $5,000.
He had no choice but to agree, since he had been on standby for many months already, and so he needed to regain income.
If it was any consolation, the crew addressed him “Captain” because that was his true rank.
Yosoya found himself unable to work harmoniously with the other captain, but he tried his best to obey the recognized captain’s orders. There were times when he would perform tasks he did not have to. Despite his apparent subservience, the recognized captain worked out a way to replace him with another chief mate.
The shipping agency pulled him out of duty for repatriation to Manila despite the obvious fact that he had only served three of nine months stipulated in his contract. He confronted the agency for an explanation but to no avail.
He could have welcomed his termination had he been given a captain’s assignment on another vessel, but he was left out in the cold
Yosoya – sure as he was that he was a victim of breach of contract – had by then reached the end of his stretched patience. So, he demanded that the Shiplink Agency pay him the amount corresponding to six months of his unserved contract.
Once more, he found himself at the receiving end of injustice. Not only had the company failed to formally justify his premature termination; it had also willfully ignored his claim for what he believed was rightfully his.
Fortunately. He consulted the maritime lawyers of the Free Legal Assistance for Seafarers and Heirs (FLASH).
The late Atty. Pete Linsangan submitted the seaman’s claim for arbitration on whether Capt. Yosoya had been illegally dismissed and was entitled to full compensation specified in his contract.
The labor arbiter of the National Labor Relations Commission (NLRC) saw merit in the complainant’s position. He rendered a decision granting Capt. Yosoya’s claim for payment of the unexpired portion of his contract plus 10 percent for attorney’s fees.
The arbiter noted that the respondent shipping agency had not produced single evidence that would validate the premature termination of the seaman’s contract.
Complainant could have fought back for damages that would compel the respondent to pay a bigger amount but eventually restrained himself in exchange for immediate settlement amounting to US $29,010.47 or its equivalent in Philippine currency. Not bad for three months of actual work.
Problematic Filipino seamen or their relatives may access further information on free legal assistance by listening to the radio program “Tribuna sang Banwa” on Aksyon Radyo-Iloilo every Sunday, 12:15 to 1:15 p.m. It is hosted by Neri Camiña, Nermie Camiña and this writer.
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