Insurance company refused to pay compensation on salary non-payment to seafarer
The Far Eastern Territorial Organization (FETO) of SUR
received a complaint from a seafarer. The insurance company “Soglasie” which
had insured the seafarer's salary from non-payment, refused to pay him a
Andrey Leonidovich Pavlenko, who worked as Masteron the ship “Smile”, have made a complaint
about the non-payment of wages for the period from February 6 to February 28,
2017. The owner of the ship was “Linton Consulting Ltd”, which entered into a
bareboat charter agreement with “Laetana Holdings Ltd”. On February 23, 2017,
the vessel’s operator, MV-Line, asked Andrei Leonidovich to prepare “Smile” for
delivery to representatives of a Chinese company in the port of Jiangyin.
When the Master askedabout salary, he
was promised that the backdated wages would be paid to him at the company's
office in Vladivostok. When he arrived in the city, the representatives of the
"MV-Line" refused him to pay his salary, citing the fact that there
was no money. After some time, the crew members of "Smile", who
applied to law enforcement agencies, found out that neither the ship, nor the
company longer exists.
The salary of seafarers for this period of time was secured
by the insurance company "Soglasie". According to the amendments to
the Maritime Labor Convention, 2006, which entered into force in Russia on
January 18, 2017, each vessel must have insurance certificates in order toguarantee the payments to seafarers in case
ofship’s bankruptcy. In such event, a
seafarer has a right to apply to the insurance company by himselfand ask for wage compensation.Andrey Pavlenko did just that.
But the company “Soglasie”told him thatthe franchise in
the amount of 2,500 dollars shouldbe
deducted from the 3,730 dollars of wagesdue to him for the period in question. In addition, he was required to
submit documents which he could not had in principle:bareboat charter agreement between the
shipowner and Laetana Holding Ltd and certificate of unpaid wages from Laetana
Holding Ltd. It should be notedthat
these requirements were not stipulated in the terms of the insurance agreement.
Thus, actuallythe "Soglasie"
refused to make insurance claim payout to Andrei Leonidovich.
The SUR FETO prepares a lawsuit in court upon the Master's
complaint. This is the first case whenseafarer files a lawsuit againstinsurance company. “Our lawyerexamined the complaint from Andrey Pavlenko and admitted the
requirements as fair. This process is very important for us. Many members of
our Union work on ships insured by the “Soglasie”, ”said Nikolai Sukhanov, the
SUR FETO Chairman.