The trade union and the prosecutor's office intervened in labor disputes on two vessels

Representatives of the Nakhodka transport prosecutor's office and the Far Eastern Regional Organization of the Seafarers' Union of Russia held a reception of crew members having complaints about working conditions at sea. The initiative was executed in accordance with the agreement between the Far Eastern transport prosecutor's office and the FERO SUR on coordination and cooperation in protecting the legal rights and interests of seafarers in the Far East. Among those who applied for help were a sailor of the MV "Newzenberg" and the Second Engineer of the MV Captain Kok. Both reported a delay in salary payment. The Chairman of the FERO SUR Nikolay Sukhanov, the Deputy of the Nakhodka Transport Prosecutor Farid Khidirov and the Assistant of the Transport Prosecutor Nina Putilina considered appeals from sea workers and assisted them to address the labor disputes.

— The seafarers applied for assistance directly from the vessels, — Sukhanov said. — Their issues mainly concerned non-payment of wages. For example, a sailor from the MV "Newsenberg" (Russian flag) reported about back wages and asked for assistance in looking into the wage calculating system as he did not understand it.

Having studied the sailor's Seafarer Employment Agreement, representatives of the prosecutor's office and the trade union informed him that, in accordance with the employment agreement that he signed, and therefore agreed to its terms, his salary is RUB27,440. "Regional coefficients and allowances are added to it, and the sailor's total wages under the agreement amount to just RUB45,660," - Sukhanov noted. — "Having studied the wage accounts for previous months, it turned out that the company violates Russian legislation, as it doesn't indicate payment for overtime work in the wage accounts. Thus, wages are calculated without taking into account overtime work. At the end of the month, the company pays a bonus to the sailors, although not to all of them."

Another case is also related to back wages. The Second Engineer of MV Captain Kok (Togo flag) laid up for repair in China, reported that he hadn't been paid for the past two months. As for this complaint, the Seafarer Employment Agreement was signed by a Japanese company Marino Trading on behalf of the employer, though a Belize-based company Edwan C was indicated as a beneficiary shipowner in the Declaration of maritime labour compliance part II

- We managed to find out that the actual beneficial owner of the vessel is a  Nakhodka-based company Korablestroitel, - Nikolay Sukhanov outlined. - As the owner of the vessel, the company shifted responsibility for paying wages to Marino Trading in violation of Art. 60 of the Merchant Shipping Code of the Russian Federation. By the way, this fact was previously reviewed in the Nakhodka City Court. When considering the case of non-payment wages under the contract signed with Marino Trading, it turned out that the wages were paid by Korablestroitel. Thus, the court ruled to recover the money from Korablestroitel.

It is noteworthy that both seafarers were employed for work on vessels through a company LAM in Nakhodka. "Information about the violations identified on board MV Newzenberg and MV Captain Kok will be sent to Port State Control Inspectors," - Sukhanov added. Following the reception of complaints held, the sailor from MV Newzenberg reported that he was paid the full back wages upon his arrival in Vladivostok, and the Second Engineer informed the Union that he had signed off from MV Captain Kok and was en route home, although the company had promised to pay him the wages little later. 

According to FERO SUR Chair Nikolay Sukhanov, this case of non-payment of wages to the seafarer is still on the radar of the prosecutor's office and the union. 

Photo: FERO SUR