5/28/2020
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Moreover, we find that there was no proper dismissal of respondent by
SAAD; the “termination” of respondent was clearly a ploy to pressure him to
agree to a lower wage rate for continued employment. Thus, the original
POEA-approved employment contract of respondent subsists despite the socalled new agreement with SAAD. Consequently, the solidary liability of
petitioner with SAAD for respondent’s money claims continues in accordance
with Section 10 of R.A. 8042.[20]
APQ’s primary argument revolves around the fact of expiration of Caseñas’ employment
contract, which it claims was not extended as it was without its consent. While the
contract stated that any extension must be made by mutual consent of the parties, it,
however, incorporated Department Order (DO) No. 4 and Memorandum Circular No. 09,
both series of 2000, which provided for the Standard Terms and Conditions Governing
the Employment of Filipino Seafarers on Board Ocean Going Vessels. Sections 2 and 18
thereof provide:
SECTION 2. COMMENCEMENT/ DURATION OF CONTRACT
A. The Employment contract between the employer and the seafarer shall
commence upon actual departure of the seafarer from the airport or
seaport in the point of hire and with a POEA approved contract. It
shall be effective until the seafarer’s date of arrival at the point
of hire upon termination of his employment pursuant to Section
18 of this Contract.
B. The period of employment shall be for a period mutually agreed upon
by the seafarer and the employer but not to exceed 12 months. Any
extension of the contract shall be subject to the mutual consent of
both parties.
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SECTION 18. TERMINATION OF EMPLOYMENT
A. The employment of the seafarer shall cease when the seafarer
completes his period of contractual service aboard the vessel, signs off
from the vessel and arrives at the point of hire.
The employment of the seafarer is also terminated when the seafarer
arrives at the point of hire for any of the following reasons:
1. When the seafarer signs off and is disembarked for medical
reasons pursuant to Section 20 (B)[5] of this Contract.
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