About Grievance Machineries
Grievance machinery is the process of amicably settling the disputes and claims that are related to the contents of the Collective Bargaining Agreement including the disputes between the seafarer, the company, and the union.
A grievance proceeding aims to lessen the hassle to both the parties.
The grievance procedure is a procedure which will ensure that a discussion between a seafarer and the employer remains non-adversarial. It encourages a more friendly and open discussion between the parties, avoiding technicalities that are present in a legal proceeding.
The venue where the Grievance Proceedings are held would depend on if it is a Grievance Machinery provided in Section 16 of the POEA Standard Employment Contract or if it is a Grievance Machinery provided in Title VII-A, Book Five of the Labor Code.
The Grievance Proceedings conducted in accordance with Section 16 of the POEA-SEC is usually held at the Master’s office or ship’s conference room. However, there is no definite place stated in the POEA-SEC where such proceedings shall be held. A similar or equivalent provision involving on-board dispute resolution can be found in different AMOSUP CBAs.
The Grievance Proceedings conducted in accordance with the Labor Code is conducted at the Legal Affairs Department of AMOSUP.