4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly that is the seafarer failed or refused to be deployed as agreed upon, he would be liable for damages.[34] Further, we do not agree with the contention of the petitioners that the penalty is a mere reprimand. The POEA Rules and Regulations Governing Overseas Employment[35] dated 31 May 1991 provides for the consequence and penalty against in case of non-deployment of the seafarer without any valid reason. It reads: Section 4. Worker’s Deployment. — An agency shall deploy its recruits within the deployment period as indicated below: xxx b. Thirty (30) calendar days from the date of processing by the administration of the employment contracts of seafarers. Failure of the agency to deploy a worker within the prescribed period without valid reasons shall be a cause for suspension or cancellation of license or fine. In addition, the agency shall return all documents at no cost to the worker.(Emphasis and underscoring supplied) The appellate court correctly ruled that the penalty of reprimand[36] provided under Rule IV, Part VI of the POEA Rules and Regulations Governing the Recruitment and Employment of Land-based Overseas Workers is not applicable in this case. The breach of contract happened on February 1992 and the law applicable at that time was the 1991 POEA Rules and Regulations Governing Overseas Employment. The penalty for non-deployment as discussed is suspension or cancellation of license or fine. Now, the question to be dealt with is how will the seafarer be compensated by reason of the unreasonable non-deployment of the petitioners? The POEA Rules Governing the Recruitment and Employment of Seafarers do not provide for the award of damages to be given in favor of the employees. The claim provided by the same law refers to a valid contractual claim for compensation or benefits arising from employer-employee relationship or for any personal injury, illness or death at levels provided for within the terms and conditions of employment of seafarers. However, the absence of the POEA Rules with regard to the payment of damages to the affected seafarer does not mean that the seafarer is precluded from claiming the same. The sanctions provided for non-deployment do not end with the suspension or cancellation of license or fine and the return of all documents at no cost to the worker. As earlier discussed, they do not forfend a seafarer from instituting an action for damages against the employer or agency which has failed to deploy him.[37] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/32800 8/11

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