Christine Joy D.

Pama Labor Standards

Isagani Cruz-II November 19, 2020

Case Study 2

1. The return and repatriation of the detained fishermen are primarily the responsibility of
ABC Fishing. Being the fishing vessel owner, they are responsible under Department
Order No. 156, Series of 2016 of the Department of Labor and Employment, to possess
licenses, permits, registrations from appropriate government agencies to undertake
commercial fishing. Hence, if fishermen are detained and subsequently repatriated due
to lack of proper documents to enter indonesia, the fishing vessel owner shall carry the
burden of such expenses such as passage to destination, accommodation and food,
allowances as provided for in the collective bargaining agreement, transportation of
fishers’ personal baggage, and medical treatment when necessary until the fisher is
medically fit to the repatriation destination. Fishermen are also entitled to daily minimum
wage for the duration of their detention.

However, the Philippine Government, through the Department of Foreign Affairs may
extend their assistance and help, but must also ensure that those repatriated fishermen
are indeed Filipinos. DFA’s repatriation program is guided by the Filipinos’ constitutional,
absolute and total right to come home that no power can suspend, slow down or, in any
way, restrict as stated by Foreign Affairs Secretary Teodoro Locsin, Jr.

2. No. The arrangement between ABC Fishing and the fishermen are not valid.
Fishermen, on the first place, are not considered field personnel. Although they perform
their duties away from the principal place of business or branch office, their actual hours
of work can be determined with reasonable certainty and are not free from personal
supervision. Hence, they are not considered as an exception in Art. 82 of the Labor
Code.

Being employees, and not field officers, fishermen therefore are entitled to at least daily
minimum wage and mandatory wage-related benefits. Their compensation shall not be
dependent on the value of their catch for the assurance of decent working standards for
them and decent living standards for their families.

3. Yes. Fishermen are not considered field workers. Being so, they are allowed a daily
minimum wage, security of tenure where they can only be terminated for a just cause,
safe and healthy working conditions, social security, Philhealth, 13th Month Pay
pursuant to PD 851, and overtime pay as part of their minimum benefits. Moreso, they
are even entitled to meal breaks, rest periods and rest days like any other employees.
 Section 3, Rule IV of Department Order 15, S. 2016 of the DOLE, provides the list of
minimum benefits that a fisherman is entitled to. Nothing in the said Rule shall prevent
the vessel owners to provide better terms and conditions of employment or stipulate for
such through contracts or collective bargaining agreements with the fishers.

4. Yes, Yakimix Corporation having a Joint Venture Agreement with ABC Fishing
Corporation, can be held jointly and severally liable with the latter. This is in accordance
with Section 2, Rule VIII of Department Order 15, S. 2016 of the DOLE.

The said section provides that joint and solidary obligation between the fishing vessel
owner and contractor/subcontractor extends to the person or groups of persons, entity
who has engaged the services of the fisher through the Cabo System or through
payment by result.

Being parties to a joint venture, they shall ensure that fishers considered employees of
the joint venture are receiving applicable wage and wage related benefits. On such
point, therefore, in case of labor laws violations, both parties are also jointly and
severally liable with each other.