6/7/2020
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instant case and in as much as the questions that need to be settled are
factual in nature.
The instant case is sanctioned by the Standard Terms and Conditions
Governing the Employment of Filipino Seafarers on Board Ocean Going
Vessels. We quote the provisions thereof pertinent to the case, specifically
Sections 23 and 26, to wit:
SECTION 23. TERMINATION DUE TO VESSEL SALE, LAY-UP OR
DISCONTINUANCE OF VOYAGE
Where the vessel is sold, laid up, or the voyage is discontinued
necessitating the termination of employment before the date
indicated in the Contract, the seafarer shall be entitled to earned
wages, repatriation at employer's cost and one (1) month basic
wage as termination pay, unless arrangements have been made
for the seafarer to join another vessel belonging to the same
principal to complete his contract which case the seafarer shall be
entitled to basic wages until the date of joining the other vessel."
SECTION 26.CHANGE OF PRINCIPAL
A. Where there is change of principal of the vessel necessitating
the termination of employment of the seafarer before the date
indicated in the Contract, the seafarer shall be entitled to earned
wages, repatriation at employer's expense and one month basic
pay as termination pay.
B. If by mutual agreement, the seafarer continues his service on
board the same vessel, such service shall be treated as a new
contract. The seafarer shall be entitled to earned wages only.
C. In case arrangements have been made for the seafarer to join
another vessel to complete his contract, the seafarer shall be
entitled to basic wage until the date joining the other vessel."
It is worthy to note that private respondent's non-inclusion of employment
contract in the case at bar was due to the sale of M/T SAMARIA to Swiss
Singapore Overseas Enterprise, Pte. Ltd. We find that the requirements
under the Standard Terms and Conditions Governing the employment of
Filipino Seafarers on Board Ocean Going Vessels were met, to wit: (a)
Seafarer's entitlement to earned wages; (b) Seafarer's repatriation at
employer's cost; and (c) one (1) month basic wage as termination pay.
Indubitably, the foregoing were availed of by private respondent.
It must also be stressed that upon the signing of the employment contract,
private respondent was duly informed of the impending sale of the vessel.
The same was admitted by private respondent in his position paper and he
does not deny the fact that he had knowledge of the same when he signed
his employment contract.
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