In
terms of labor litigation, “escrow deposit ” plays a significant role in a seafarer's favorable decision on his monetary claims.
Every labor dispute involves two opposing
parties: the worker on one side and the management on the other,
involving monetary claims like disability
and death benefits, illegal dismissal awards as well as unpaid or underpayment
of salaries and wages.
A
manning agency is required under POEA Rules to deposit in escrow with a bank the amount of ONE MILLION PESOS (Php1
,000,000.00) to answer for all valid and legal claims arising from violations
of the conditions for the grant and use of the license, and/or accreditation
and contracts of employment. These include recruitment violations, or claims
arising out of an employer-employee relationship or by virtue of any law or
contract involving Filipino seafarers under the joint and solidary liability of
the manning agency.
Labor litigation takes years before its finality. In most cases, the elevation of the records
alone from the NLRC/NCMB to the Court of Appeals or Supreme Court will take
several years. The proceedings in the appellate court will entail further
delay. In cases of seafarers with medical conditions, some incur huge debts
to sustain their medication. Others die before the decision by the Supreme
Court is released.
The prevailing party might be unable to
enjoy the judgment award after the lapse of time, considering the
tactics of the adverse party who may have no recourse but to delay. Due
to the longer years that they have to wait, without any leverage in prosecuting
his monetary claims, chances are, the seafarer bows to the demand of his employer to
either drop his claim or accept a small settlement amount.
To
protect the seafarers, the escrow deposit must remain intact during the validity of license
for a period of four (4) years and an additional of four ( 4) years if not
renewed upon its expiration or should the license be revoked or otherwise
cancelled for whatever legal grounds. In case the deposit in escrow is reduced,
the Manning agency shall replenish the
same within fifteen (15) calendar days from notice by the POEA. The Bank shall at all times advise the POEA whenever
the escrow deposit is reduced or same is no longer intact. Failure to replenish
shall result in the suspension of
license of the Manning agency without further notice.
The
escrow deposit shall not be released
except upon proper authorization by the POEA . The bank shall
pay the claims on a "first come-first served" basis and the Order of
Garnishment that is first served upon the bank shall be satisfied, irrespective of the date
of the issuance of the writ of execution. If several claims are simultaneously
presented on the same day, and the escrow deposit is not sufficient to pay the
claims, the bank shall pay the claims on a pro-rata basis.
The
bank shall not be liable beyond whatever
balance of the deposit in escrow.
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