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that is the seafarer failed or refused to be deployed as agreed upon, he would be liable
for damages.[34]
Further, we do not agree with the contention of the petitioners that the penalty is a
mere reprimand.
The POEA Rules and Regulations Governing Overseas Employment[35] dated 31 May
1991 provides for the consequence and penalty against in case of non-deployment of
the seafarer without any valid reason. It reads:
Section 4. Worker’s Deployment. — An agency shall deploy its recruits within
the deployment period as indicated below:
xxx
b. Thirty (30) calendar days from the date of processing by the
administration of the employment contracts of seafarers.
Failure of the agency to deploy a worker within the prescribed
period without valid reasons shall be a cause for suspension or
cancellation of license or fine. In addition, the agency shall return all
documents at no cost to the worker.(Emphasis and underscoring
supplied)
The appellate court correctly ruled that the penalty of reprimand[36] provided under
Rule IV, Part VI of the POEA Rules and Regulations Governing the Recruitment and
Employment of Land-based Overseas Workers is not applicable in this case. The breach
of contract happened on February 1992 and the law applicable at that time was the
1991 POEA Rules and Regulations Governing Overseas Employment. The penalty for
non-deployment as discussed is suspension or cancellation of license or fine.
Now, the question to be dealt with is how will the seafarer be compensated by reason
of the unreasonable non-deployment of the petitioners?
The POEA Rules Governing the Recruitment and Employment of Seafarers do not
provide for the award of damages to be given in favor of the employees. The claim
provided by the same law refers to a valid contractual claim for compensation or
benefits arising from employer-employee relationship or for any personal injury, illness
or death at levels provided for within the terms and conditions of employment of
seafarers. However, the absence of the POEA Rules with regard to the payment of
damages to the affected seafarer does not mean that the seafarer is precluded from
claiming the same. The sanctions provided for non-deployment do not end with the
suspension or cancellation of license or fine and the return of all documents at no cost
to the worker. As earlier discussed, they do not forfend a seafarer from instituting an
action for damages against the employer or agency which has failed to deploy him.[37]
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