Grounds for dismissal

Before a seafarer can be dismissed and discharged from the vessel, it is required that he be given a written notice regarding the charges against him and that he be afforded a formal investigation where he could defend himself personally.. 

Section 33 of the Philippine Overseas Employment Administration- Standard Employment Contract (POEA-SEC) enumerates  twenty one (21) offenses which are considered valid grounds for dismissal. .When a seafarer commits such act(s), he may be penalized by the master of the vessel with dismissal and be made to pay the cost of repatriation and his replacement. Additionally, an administrative complaint or disciplinary action against the seafarer may be filed before the  POEA, who,  after due investigation, may  impose penalties ranging from suspension  to  delisting, depending on the gravity of the offense and the frequency of the violation(s).

In case of an  illegal dismissal,  a seafarer is  entitled to receive from his employers His salaries for the unexpired portion of his employment contract not merely  his salaries for three (3) months for every year of the unexpired term.

OFFENSES

  1. Smuggling or violation of any custom rules and regulations of the Philippines and foreign ports

  2. Desertion

  3. Absence without leave

  4. Sleeping on post while on duty

  5. Insubordination

  6. Drunkenness

  7. Creating trouble outside the vessel’s premises

  8. Gambling

  9. Violation of company policies and regulations

10. Incompetence and inefficiency

11. For inciting mutiny, malicious destruction of ship’s property at any activity which will hamper

      the efficient operation of the vessel

12. Concerted action to breach approved contracts

13. Any activity which tends to destroy harmonious relationship of the company

14. Grave abuse of authority

15. For gross misbehavior  prejudicial to good order and discipline

16. Causing through neglect, damage loss, spoilage or deterioration of vessel’s stocks and property

17. Connivance with or cuddling of stowaway

18. For willfully making false statement, reports, certification or spurious seafarer’s documents for

      personal gain or with intent to mislead  or defraud the company

19. Any other case as to cast aspersion on the good name of the company and vessel

20. Violation of safety and environmental rules/regulations

21. Failure to observe the drug and alcohol policy of the company