THE Supreme Court has declared as unconstitutional a provision in the Migrant Workers and Overseas Filipino Act, which set limits on the salary claim of illegally dismissed workers.
The high tribunal agreed with petitioner Antonio Serrano, a Filipino seafarer, who said that a clause in the fifth paragraph of Section 10 of the migrant workers act violates the Filipino workers’ right to equal protection and due process.
Serrano had filed a complaint against Gallant Maritime Services Inc. and Marlow Navigation Co. Ltd., for constructive dismissal and demanding payment for the unexpired portion of his contract equivalent to nine months and 23 days.
That provision states that “in case of termination of overseas employment without just, valid or authorized cause as defined by law or contract, the workers shall be entitled to the full reimbursement of his placement fee with interest of 12 percent per annum, plus his salaries for the unexpired portion of his employment contract or for three months for every year of the unexpired term, whichever is less.”
According to the high court, the disputed clause “or for three months for every year of the unexpired term, whichever is less” violates three sections of the Constitution— Section 1, Article III and Section 18, Article II and Section 3, Article XIII on labor as a protected sector.
Section 1 provides that “no person shall be deprived of life, liberty, or property without due process of law nor shall any person be denied the equal protection of the law.”
On the other hand, Section 18, Article II and Section 3, Article XIII accord all members of the labor sector full protection of their rights and welfare.–Rey E. Requejo, Manila Standard Today
It’s women’s month!
“Support women every day of the year!”
Invoke Article 33 of the ILO constitution
against the military junta in Myanmar to carry out the 2021 ILO Commission of Inquiry recommendations against serious violations of Forced Labour and Freedom of Association protocols.
Accept National Unity Government
(NUG) of Myanmar.
Reject Military!
#WearMask #WashHands #Distancing #TakePicturesVideos
Monthly Observances:
Women’s Role in History Month
Weekly Observances:
Week 1: Environmental Week
Women’s Week
Week 3: Philippine Industry and Made-in-the-Philippines
Products Week
Last Week: Protection and Gender-Fair Treatment
of the Girl Child Week
Daily Observances:
March 8: Women’s Rights and
International Peace Day;
National Women’s Day
Mar 4— Employee Appreciation Day
Mar 15 — World Consumer Rights Day
Mar 18 — Global Recycling Day
Mar 21 — International Day for the Elimination of Racial Discrimination
Mar 23 — International Day for the Right to the Truth concerning Gross Human Rights Violations and for the Dignity of Victims
Mar 25 — International Day of Remembrance of the Victims of Slavery and the Transatlantic Slave Trade
Mar 27 — Earth Hour