Transportation and Travel Expense, Subsistence and Living Quarters. It does not
provide for the payment of 13th month pay. The Contract of Employment,[22] which
is the standard employment contract of the POEA, likewise does not provide for
the payment of 13th month pay.
In Coyoca v. NLRC which involves a claim for separation pay, this Court
held:
Furthermore, petitioner’s contract did not provide for separation
benefits. In this connection, it is important to note that neither does POEA
standard employment contract for Filipino seamen provide for such benefits.
As a Filipino seaman, petitioner is governed by the Rules and Regulations
Governing Overseas Employment and the said Rules do not provide for
separation or termination pay. x x x[23]
Hence, in the absence of any provision in his Contract governing the payment
of 13th month pay, Tanchico is not entitled to the benefit.
On Disability Benefits
Petitioners allege that Tanchico’s Contract ended on 13 October 1992 when
he returned to Manila. They allege that the vacation period is not part of the period
of employment.
We cannot accept petitioners’ contention.
The duration of the Contract was for eight months. The Contract also
provides:
Article V
VACATIONS
Vacation days shall be earned at the rate of seven and one-half days (7.5)
days for each thirty (30) days of continuous service, calculated from date of
departure from Manila and until date of return to Manila. Vacation begins on the
day following arrival in Manila.