5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly As for the notice requirements, it is settled that for the manner of dismissal in termination proceedings to be valid, the employer must comply with the employee's right to procedural due process by furnishing him with two written notices before the termination of his employment. The first notice apprises the employee of the specific acts or omissions for which his or her dismissal is sought, while the second informs the employee of the employer's decision to dismiss him or her.[25] Section 17 of the POEA-SEC provides for the disciplinary procedures against erring seafarers, to wit: SEC. 17. DISCIPLINARY PROCEDURES. — The Master shall comply with the following disciplinary procedures against an erring seafarer: A. The Master shall furnish the seafarer with a written notice containing the following: 1. Grounds for the charges as listed in Section 31 of this Contract. 2. Date, time and place for a formal investigation of the charges against the seafarer concerned. B. The Master or his authorized representative shall conduct the investigation or hearing, giving the seafarer the opportunity to explain or defend himself against the charges. An entry on the investigation shall be entered into the ship's logbook. C. If, after the investigation or hearing, the Master is convinced that imposition of a penalty is justified, the Master shall issue a written notice of penalty and the reasons for it to the seafarer, with copies furnished to the Philippine agent. D. Dismissal for just cause may be effected by the Master without furnishing the seafarer with a notice of dismissal if doing so will prejudice the safety of the crew or the vessel. This information shall be entered in the ship's logbook. The Master shall send a complete report to the manning agency substantiated by witnesses, testimonies and any other documents in support thereof. In this case, we find no reason to reverse the findings of the CA and the NLRC that respondent was not given ample time to answer the charge against him. The notations in the notices that Loyola refused to sign or receive were also not sufficient proof that the petitioners attempted to serve the notices to him. As for the monetary awards, we find that a modification of the CA decision is in order. Prevailing jurisprudence provides illegally dismissed seafarer is for salaries for the unexpired portion the seafarer's monthly vacation that in cases where the employment contract of the less than a year, said respondent should be paid his of his employment contract. This amount includes all leave pay and other bonuses which are expressly https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66403 6/9