Seafarers’ group petitions to remove escrow provisions in proposed Magna Carta for Seafarers
A GROUP of Filipino seafarers on Sunday expressed strong opposition at an escrow provision in the proposed Magna Carta for seafarers, saying it’s “Anti-Seaman.”
Oiler seaman Jacinto Rivera, spokesperson for AMOR Seaman said the provision states that any monetary award for a sick or deceased seaman from the National Labor Relations Commission (NLRC) or National Conciliation and Mediation Board (NCMB) will not be immediately available to the seaman winning the case.
“The AMOR Seaman strongly oppose the proposal to put the monetary award that has already been won in the NLRC or the NCMB into the ESCROW account,” Rivera said.
“It will be placed in an Escrow bank account while the case is in the Court of Appeals and up to the Supreme Court. Disability or death benefits can only be obtained if there has been a final decision in the Supreme Court which usually takes five to ten years,” he explained.
The AMOR Seaman believed the provision regarding escrow is anti-seaman, pro-employers, pro-manning agencies, and pro-ship employers.
The seafarers said the escrow provision will put them at a disadvantage and discourage them from filing claims for disability or death benefits because of the number of years they’ll have to wait before they can win the case.
Rivera asked where will they get the money to spend on the case, their medical treatment, and the food for their family while waiting for the outcome of the case.
The AMOR Seaman also stated the escrow provision is unconstitutional as the Labor Code provides the decision of the NLRC or the NCMB is final and executory which means that if the NLRC or NCMB decides in favor of the seaman, the seaman will immediately get his benefits.
This provision in the Labor Code is for all workers, whether land-based or sea-based and includes Overseas Filipino Workers (OFWs).
Rivera also asked, “Why must the monetary award of the Filipino seafarer who won the case be placed in the escrow account but the monetary award of other workers including land-based OFWs who won their cases be allowed to receive it immediately? This is a clear violation of the equal protection clause under our Constitution.”
Rivera said, “If it is true that we are considered modern-day heroes, then we should be given fair, reasonable, and just treatment not only in the eyes of the law but in actual situation. The law may be good, but if there is a provision inserted that only aggravates our sufferings, it obviously desecrates our honor.”
“We pray that our legislators will be blessed by our dear Lord and be given wisdom and conscience so that such a proposal is rejected! We agree to the provisions of the Magna Carta for Seafarers except for the escrow provision,” Rivera added.
