Successful employment begins with a contract of employment
The Seafarers Union of Russia recalls: successful employment begins with a contract. To avoid unpleasant situations you need to follow one simple rule –to peruse what you are given to sign and carefully consider whether the terms of the contract are suitable. This simple rule was convinced by the seafarer who came for advice to the Kaliningrad regional organization of the SUR. Petr Dzendzelyuk, lawyer of KRO SUR, said that the seafarer has a long-term employment contract under which he is at sea for three months and three on the shore. In fact it turned out that he has been on leave for four months, says P. Dzendzelyuk. The seafarer could not find another job they has been waiting for the call from the employer under the contract. So he asked whether it is possible to bring the shipowner to financial responsibility for violating the provisions of the contract in terms of leave. Theoretically it’s possible. But the court will need to prove lost profits. In addition the jurisdiction under this contract is carried out in Greece which means that they will have to sue there.
The snag here is in the contract itself: indicated that it begins to act from the moment the seafarer arrives on board so when the seafarer is on shore the contract does not work.
In general everything has been done in the best traditions of the Greek shipping business, the lawyer notes. This is when everything is good and convenient for the employer andat the same time it’s the trap for the seafarer.The contract itself consists ofthe fifteen sheets in which you can find inconsistencies. For example in one paragraph it is written that the contract will end in 2021, and in another that the employment relationship will last until the seafarer reaches 65 years of age.
This unique example of legal creativity is controversial, adds Petr Dzendzelyuk. We explained everything to the seafarer. He will probably decide to find another company for employment.
The Seafarers Union of Russia recalls that before signing the contract of employment it is better to contact the SUR and discuss its conditions with specialists so that a seafarer can defend his right to decent employment. At the same time do not forget about the collective agreement approved by the ITF which is the best guarantee of reliable employment.