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SEAFARERS' UNION OF RUSSIA
A NON-UNIONIZED SEAFARER
IS AN UNPROTECTED SEAFARER
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Crewell, a popular resource on job hunting among seafarers,
warns of fraudsters acting under its name. The Crewell reps
posted in social media the information concerning a man, introducing himself as a
OOO Crewell agent, who offered
the brokerage services in job
searching for $500 reward.
According to company, a fraudster represents himself as
Sergei Frolov and makes the calls using
a following telephone number +79969138941. He advises to sign
a job searching agreement and pays to the “assistant”
$500 as a fee. Crewell assures that it has nothing to do with
this man and calling to be vigilance. “The fraud actions can be made
on behalf of any major
and goodwill company. Please, before sending the
documents or even pass money for employment services, search a
company profile and directly come
into contact with it.”
A pattern for employment service agreement on behalf of
allegedly OOO Crewell can be found in
Internet. Dmitry Ivanov, a lawyer at the Baltic Territorial Organization
of Seafarers' Union of Russia (SUR BTO),
has examined the document and concluded that it was a useless piece of
paper, confirmed by many law bloopers.
So, the document
starts with a phrase (sic): “OOO
Crewell, hereinafter referred to as “AGENCY”, acting under the Charter, MIA License No. 1820160123 and the Certificate of Compliance No. 0502607
issued by the Ministry of Transport of the
Russian Federation, of one
part, and a citizen to pay
$500 as a fee for a ship employment after concluding and signing the
agreement between a seafarer
and an employer, in case of unreasonable seafarer's deny, the employer may pass the
agreement into court and
exact a payment unreasonably.”
“Only this sentence
at the contract beginning should be
alerting for every sensible person,” Dmitry Ivanov explains. “I
don't want even to put an
emphasis on the absolutely illiterate
phrase containing, as you can see,
several mistakes. But it does not
contain any information about
contract participants. The
parties should be named in a contract. Every lawful service agreement starts with it.”
A seafarer,
searching for a job through
the agency, should worry about
another sentence in the Agency
Liabilities section of the
agreement. For example, “To familiarize a SEAFARER with the
collective labour agreement, covering a ship...”.
“The phrase “the agreement, covering a ship” uses in a conversational speech. The such term doesn't exist
and its usage in a official
document isn't appropriate.” - the
SUR BTO's lawyer draws the seafarers'
attention to this detail.
An unclear sentence presents
in an Amending and Termination section. According to it, “the AGREEMENT
terminates in case of immoralities and bad habits.”
“It isn't clear
what the fail representative does mean,
” Ivanov continues. “What kind of
immoralities and bad habits?
Everyone is able to
interpret such vague words in his/her own ways based on the personal
experience, views, education or lifestyle. Dispute settlement
is an evidence uncovering
amateur-made document. Under this section, the agency proposes to settle
disputes in an Arbitration Court.
“For information,
Arbitration deals with disputes
between legal entities. The
parties of above
mentioned agreement are legal entity and individual. And reference
to arbitration settlement is a
foolish thing.
”Usually a lawful and
correct document has a name, payment details, address and telephone
number of a legal entity and a name, passport data and telephone
number of individual. But it is a
cherry on the top. There are no the above listed details in the
agreement, which Sergei, self-described as an affiliated company, advises to sign. Moreover, he doesn't show
his surname.
Such details and sometimes the
worst mistakes should fuel concerns if someone sells a job hunting agreement.
Usually people, who are unrelated with shipping
or law, make such things, but a
man of education and interest has little
difficulty to catch it out.
Besides, the same
cases are common in a ship
employment. Different means are being
used: emails, phone calls and social
media. With employment assistance,
the fraudsters can offer the commercial advanced training courses
and document restoration.
Besides, under requirements to pay visa costs and travel to shipboard, they can hide the money
extortion.
The problem has an
international nature. For example, the Philippine Overseas Employment
Administration has warned seafarers of the fraud emails. The letters had been
sending on behalf of major cruise
companies such as Carnival Cruise Line, Royal Caribbean Cruise Line and Disney Cruise Line. The criminals promised seafarers to provide
employment on ships.
The Seafarers' Union of Russia reminds that the Maritime Labour Convention has announced the employment fees for seafarers are out of law since 2006. Remember that any offer of assistance in a seafarer's employment on a paying basis is a crime.
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