NEWSLETTER – JUNE 2016

GGCSI ISSUE:

Globalseaways group of company;

Global Gateway Crewing Services, Inc.,

Stella Marris Shipmanagement, Inc., and
Nautilus Pacific Maritime Training Center Inc.,
are yearly and actively joining the 10th FAME
FUN RUN activities held at Mall of Asia
Complex.
The Management, yearly joining the
FUN RUN activities with the aim to
promote awareness to all its personnel
about the importance of Healthy mind and
Healthy body.

The Activities is also a great

opportunity for the Management to casually mingle
to its personnel and most importantly is to
maintain the camaraderie and harmonious
relationship between the Management and staff.
With personnel healthy mind and healthy body will
result to a strong determination and good
performance towards their work.

GLOBAL SEAWAYS Group of Companies.

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 NEWSLETTER – JUNE 2016

NAUTILUS UPDATE

Nautilus proudly announce that Management Level

Course (MLC) for Engine Department will soon to be
offered:
NEW & UPDATING MANAGEMENT LEVEL
COURSE FOR MARINE ENGINEER
OFFICERS

UPDATING TRAINING FOR OFFICERS IN

CHARGE OF AN ENGINEERING
WATCH
NEW OFFERED Course:

ERS /ERM

Meanwhile, Marina auditor laud NPMTCI Facilities

wherein it connotes that NPMTCI are one of the
training institution who had invested the most reliable
modern equipment. At present Nautilus team
continuous to develop training courses that suit to the needs of the Maritime Industry and
NPMTCI client.

GLOBAL SEAWAYS Group of Companies.

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 NEWSLETTER – JUNE 2016
Philippine Local Issue:

Certification Assessment for Ships’ Catering (Ships’Cook)

NCII to NCIII

Recently the Technical Education and Skills Development

Authority (TESDA) issued Memorandum 68 series of 2016 to clarify the implementation and
assessment and certification for Ships’ Catering NCIII (Ships’ Cook).

Tesda had clarified that Ships’ Cook who are NC II Certified shall upgrade to NCIII in order to
be fully compliant with MLC 2006 before January 01, 2017.

Process for the upgrade from NCII to NCIII are as follows:

1) The manning agency on behalf of the shipowner/principal shall issue a “Certification of

Training Onboard” which shall be used in lieu of the Certificates of Training in:

Prepare nutritionally and health balanced calendar menu

Supervise/administer galley area as provided in Memorandum No. 18
series of 2016 item 1.3.
Note:

The said document shall be honored by the accredited assessment center and competency
assessor up to 31 DECEMBER 2016 ONLY. Format of the certificate of Training Onboard is
included in the Attached TESDA Memorandum 68 series of 2016

2) Shipowner’s and manning agencies of those Filipino Ships’ Cooks currently onboard
and holders of National Certificates provided in item D.1.3 can on behalf of the Ships’

GLOBAL SEAWAYS Group of Companies.

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 NEWSLETTER – JUNE 2016
Cook may apply for the issuance of the Ships’ Catering NCIII by submitting “Certified
True Copy” of the complete set of documents signed by the nominated authorized
signatory. The list of documentary requirements to be submitted by the seafarers are
listed in Annex B; of the attached TESDA Memorandum circular.

3) The manning agency shall submit to TESDA an affidavit of assumption of

responsibility that:
a) Making representation for and in behalf of the Ships’ Cook for the issuance of the
Ships’ Catering NCIII (Ships Cook);
b) Assuming full responsibility for such representation and;
c) To be held liable for any misrepresentation including submission of fake and or
fraudulent documents.

Attached is the issued TESDA Memorandum Circular No. 68 series of 2016 for more
information on the upgrading of Ships Cook certificate from NCII to NCIII.

PHILIPPINE LEGAL ISSUES:

Seaman’s own statements used against him; findings

of company-designated physician upheld
FACTS:

Seaman was engaged as Bosun, for which he was

repatriated due to illness and for more than 3 months of
treatment the seaman was declared fit to work. He then
signed a “Certificate of Fitness for Work” which according to the seaman was a requisite for

GLOBAL SEAWAYS Group of Companies.

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 NEWSLETTER – JUNE 2016

him to obtain his sick wages. However, after treatment seafarer alleged that his condition
deteriorated and his chosen doctor who assessed him to be unfit to go back to work because
of his condition.

Labor Arbiter Decision:

Ruled in favor of the seaman and awarded full disability benefits.

NLRC Commissioner Decision:

The NLRC Commissioner dismissed the claim of the seaman and upheld the findings of the
company-designated doctor that seaman is already fit to work.

Court of Appeal Decision:

The Court of Appeals reinstated the decision of the Labor Arbiter awarding disability
benefits.

Supreme Court Decision:

The court upheld the decision of NLRC Commission and opined the following:

And it was only 3 months after seaman was declared fit to work by the company-designated
doctors and seaman did not obtain an assessment of unfitness to work from a doctor of his
choice. Thus, when he filed his complaint for disability benefits, he clearly had as yet no
medical evidence whatsoever to support his claim of permanent and total disability.

GLOBAL SEAWAYS Group of Companies.

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 NEWSLETTER – JUNE 2016

The findings of the company-designated doctor are more credible

The Court noted that there are inherent defects in the medical report issued by seaman’s
doctor to conclude that it was not the result of an honest, bona fide treatment of the seaman,
but rather one issued out of a short one-time visit. It noted that said doctor issued a pro-

forma medical certificate, with the blanks filled in his own hand. The doctor certified that
seaman's condition "did not improve despite medicine," yet nowhere did he specify what
medications, therapy or treatments he had prescribed in arriving at his unfit-to-work
assessment, nor when and how many times he had treated seaman.

GLOBAL SEAWAYS Group of Companies.

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