A LAWYER said the escrow provision of the proposed magna carta law for seafarers pending in Congress is “undeniably unfair and not protection” to seafarers.
“Denying, it is clearly not in protection of their welfare. The escrow provision should not be used to address ambulance chasers as it ultimately penalizes seafarers thru hostage-taking their benefits. It punishes not the ambulance chasers but our modern heroes,” added Gorecho. The amount shall remain in escrow until the issuance of any entry of judgment by the appropriate reviewing court or when the employer or manning agency fails to perfect the appeal or petition for review. The fees in obtaining or maintaining the escrow account shall be paid by the employer or the manning agency.
Instead, Gorecho said local manning firms and foreign shipowners should urge the government to strictly implement and apply the existing law on Ambulance Chasing .
Gorecho said data from the Department of Migrant Workers reveal that in a span of 20 years, or from 2002 to 2022, there were 5,985 maritime cases that availed of the voluntary arbitration process, mostly filed before the National Conciliation and Mediation Board .
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