illegal dismissal

photo is not mine! photo is not mine! photo is not mine!

i posted the picture because it reminds me of a particular movie -- one which involved a cruise ship sinking because of watchers who were not paying attention to their jobs. supposed the ship did not sink there and then, could the captain immediately dismiss the watchers or terminate their employment?

no.

Section 17 of the Revised Standard Employment Terms and Conditions Governing the Employment of Filipino Seafarers on Board Ocean-Going Vessels supplies the disciplinary procedure against an erring seafarer:

SECTION 17. DISCIPLINARY PROCEDURES:

A. The master shall furnish the seafarer with a written notice containing the following:

The Master shall furnish the seafarer with the following disciplinary procedure against an erring seafarer:

1. Grounds for the charges as listed in Section 31 of this Contract.

2. Date, time and place for a formal investigation of the charges against the seafarer concerned.

B. The Master or his authorized representative shall conduct the investigation or hearing, giving the seafarer the opportunity to explain or defend himself against the charges. An entry on the investigation shall be entered into the ship’s logbook.

C. If after the investigation or hearing, the Master is convinced that imposition of a penalty is justified, the Master shall issue a written notice of penalty and the reasons for it to the seafarer, which copies shall be furnished to the Philippine Agent.

D. Dismissal for just cause may be effected by the master without furnishing the seafarer with notice of dismissal if doing so will prejudice the safety of the crew or the vessel. This information shall be entered in the ship’s logbook. The Master shall send a complete report to the manning agency substantiated by the witnesses, testimonies and any other documents in support thereof.

the above procedure is, in essence, what you call due process. a similar provision is also found in our labor code.