United Pacific, Inc. and Skippers Maritime Services, Inc. Ltd. vs. Nathaniel Doza, Et Al.

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Dismissal; resignation vs. illegal dismissal; telex is not equivalent to tender of resignation.

Article 285 of the Labor Code recognizes termination b the em!loee of the em!loment
contract b "serving #ritten notice on the em!loer at least one $%& month in advance.' (iven
that !rovision) the la# contem!lates the requirement of a #ritten notice of resignation. *n the
absence of a #ritten resignation) it is safe to !resume that the em!loer terminated the seafarers.
*n this case) the +u!reme Court found the dismissal of De (racia) et al. to be illegal since
Cosmoshi! merel sent a telex to +,i!!ers) the local manning agenc) claiming that De (racia)
et al. #ere re!atriated because the latter voluntaril !re-terminated their contracts. Skippers
United Pacific, Inc. and Skippers Maritime Services, Inc. Ltd. vs. Nathaniel Doza, et al., G.R.
No. !"""#. $e%r&ar' #, ()(.

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