6/7/2020
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the seafarer and his employer are governed by their mutual agreement, the POEA
Rules and Regulations require that the POEA-Standard Employment Contract (POEASEC) be integrated with every seafarer's contract.[17] In the instant case, since
petitioner's employment contract was executed on May 7, 2012, it is governed by the
Amended Standard Terms and Conditions Governing the Overseas Employment of
Filipino Seafarers On-Board Ocean-Going Ships,[18] which was amended in 2010,
pertinent portions of which read as follows:
SECTION 20. COMPENSATION AND BENEFITS
A. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
The liabilities of the employer when the seafarer suffers workrelated injury
or illness during the term of his contract are as follows:
1. The employer shall continue to pay the seafarer his wages
during the time he is on board the ship;
2. If the injury or illness requires medical and/or dental
treatment in a foreign port, the employer shall be liable for the
full cost of such medical, serious dental, surgical and hospital
treatment as well as board and lodging until the seafarer is
declared fit to work or to be repatriated. However, if after
repatriation, the seafarer still requires medical attention arising
from said injury or illness, he shall be so provided at cost to the
employer until such time he is declared fit or the degree of his
disability has been established by the company-designated
physician.
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 seafarer shall be entitled to reimbursement of the cost of
medicines prescribed by the company-designated physician. In
case treatment of the seafarer is on an outpatient basis as
determined by the company-designated physician, the company
shall approve the appropriate mode of transportation and
accommodation. The reasonable cost of actual traveling expenses
and/or accommodation shall be paid subject to liquidation and
submission of official receipts and/or proof of expenses.
For this purpose, the seafarer shall submit himself to a postelibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64139
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