Damages for unjustified withholding of the seafarers’ travel documents

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Lawyer Dennis Gorecho tackles the damages due to unjustified withholding of seafarers’ travel documents, preventing them from finding jobs.

Manning companies are liable for damages due to unjustified withholding of seafarers’ travel documents preventing them from seeking lucrative employment elsewhere.tantamount to bad faith the company’s arbitrary imposition of a condition that the travel documents would only be released upon signing of a quitclaim in the case of C.F. SHARP & CO. INC.

They were then advised to prepare for immediate deployment and to report to the company to ascertain the schedule of their deployment. They added that its refusal to release the travel documents on the ground that they were already bound by reason of the Contract of Employment denied them of employment opportunities abroad and a guaranteed income.

The Supreme Court stressed that the company committed an actionable wrong when it unreasonably withheld the documents, thus preventing the seafarers from seeking lucrative employment elsewhere. Legally speaking, the unauthorized withholding of these travel documents is also a form of coercion that is penalized as one of the prohibited acts under Republic Act. No. 8042, as amended by R.A. 10022, otherwise known as “Migrant Workers and Overseas Filipinos Act of 1995.”

 

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