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Philippines shipping exodus seen sans escrow protection
来源：shippingazette 编辑：编辑部 发布：2023/06/30 15:53:36
CONCERNS have been raised by stakeholders regarding the potential departure of significant shipping operators if the proposed Magna Carta for seafarers lacks the escrow provision, which safeguards the rights of seafarers, reports Manila's Philippines Inquirer.
Associated Marine Officers and Seamen's Union of the Philippines legal head Noli Partido emphasized the importance of the escrow provision outlined in House Bill No 7325.
"Although the Senate bill on the Magna Carta of Filipino Seafarers is still up for interpellation [questioning] and a series of bicameral committee meetings, the removal of the escrow provision is a big blow to stakeholders, and [some] are now preparing for the gradual demise of the Philippine maritime industry as shipowner exodus shall remain unabated," said Mr Partido.
United Filipino Seafarers president Nelson Ramirez shares the same perspective, asserting that including an escrow provision would safeguard Filipino crew members on international vessels from unscrupulous ambulance chasers.
Ambulance chasing refers to the practice of persuading workers, such as seafarers in this case, to pursue financial compensation from their employers for work-related injuries.
However, many of these lawyers fail to mention that monetary settlements granted by the National Labour Commission and the National Conciliation and Mediation Board (NCMB) can potentially be overturned by higher courts, such as the Court of Appeals (CA) or the Supreme Court.
The purpose of the escrow provision is to ensure the security of the monetary award by requiring it to be temporarily held in a third-party or escrow account, which can only be released once a final court ruling has been reached.
Associated Marine Officers and Seamen's Union of the Philippines legal head Noli Partido emphasized the importance of the escrow provision outlined in House Bill No 7325.
"Although the Senate bill on the Magna Carta of Filipino Seafarers is still up for interpellation [questioning] and a series of bicameral committee meetings, the removal of the escrow provision is a big blow to stakeholders, and [some] are now preparing for the gradual demise of the Philippine maritime industry as shipowner exodus shall remain unabated," said Mr Partido.
United Filipino Seafarers president Nelson Ramirez shares the same perspective, asserting that including an escrow provision would safeguard Filipino crew members on international vessels from unscrupulous ambulance chasers.
Ambulance chasing refers to the practice of persuading workers, such as seafarers in this case, to pursue financial compensation from their employers for work-related injuries.
However, many of these lawyers fail to mention that monetary settlements granted by the National Labour Commission and the National Conciliation and Mediation Board (NCMB) can potentially be overturned by higher courts, such as the Court of Appeals (CA) or the Supreme Court.
The purpose of the escrow provision is to ensure the security of the monetary award by requiring it to be temporarily held in a third-party or escrow account, which can only be released once a final court ruling has been reached.