18.11.2020

The shipowner is suing the seafarer

Having worked on board the trawler Astronom, a former member of the ship's crew, according to the shipowners firm belief, remained in debt to him no less than about 100 thousand rubles. The city court of Nakhodka held the first court session on the claim of PJSC Nakhodka base of active sea fishing to the AB from the vessel Astronom A. Silantyev. The employer demands to recover from the seafarer the amount of debt in the amount of 89,709. 95 rubles, as well as the funds paid by the plaintiff for the state duty when filing the claim in the amount of 2,891 rubles. The absurdity of the situation is that a few months before the seafarer himself filed an application to the Prosecutor's office against his former employer in connection with non-payment of wages and won the case. Then and now the interests of a member of the Seafarers Union of Russia are represented by Vasiliy Savelyev, a lawyer for the Far Eastern regional organization of the SUR.

This story began in January 2020. As the Chairman of the DVRO SUR Nikolay Sukhanov said, the members of the crew of the trawler Astronom applied to the trade union for legal assistance. According to them, the shipowner while employing the crew, promised to pay not only salaries, but also a fishing share for the fish caught and sold. With a salary of 51 thousand 700 rubles, including payments for working seven days a week and a fishing share, the seafarers had to receive a decent salary. "But the problems started during employment," said Nikolay Sukhanov. We were not given contracts and, when receiving part of the money in cash, we were not given wage accounts,- said the crewmember of Astronom A. Silantyev. - At the same time, the working conditions were such that the enemy did not want. For example, one day expired food was delivered to the ship, which the second mate publicly admitted at a crew meeting. The meat was smelly, so the cook had to soak it in vinegar for a long time before cooking. It even got to the point that after work, when all covered in slime and scales because of the lack of water, it was impossible to take a shower. It was not easy for people who worked on the freezer, because it did not have a hood so they remained in a pair during the shifts and this, by the way, is a direct path to tuberculosis. But we could have endured everything if we had been paid the promised money. In fact, we received half as much even in terms of salary. In addition, according to the seafarer, a pre-strike situation revealed on board just a month after the beginning of voyage due to difficult working conditions. However, the captain reported to the shipowner that everything was fine. As a result, after two months of work, 52 people wrote letters of resignation from their positions. However, only 46 of them discharged, the rest decided to continue working for the company because of the loans. At the same time the retired seafarers were kept on board for another month, although the ship sailed off the coast of Petropavlovsk- Kamchatskiy, where it was possible to sigh off the crew safely. As a result, they were discharged with unpaid wages. Vasiliy Savelyev, a lawyer for the DVRO SUR, who took on this issue in the winter, helped the seafarers to prepare statements to the Prosecutor's office and the police. Then the case ended in favor of the crewmembers and they received delayed wages. After the order of the Prosecutor's office AB Silantyev received 50 thousand rubles. Meanwhile, the company filed claims in the courts of Primorsky Krai against the former crewmembers of the m/v Astronom. Now the shipowner demands to pay for accommodation and food for each day of stay on the trawler after the seafarers are discharged.

As the Chairman of the DVRO SUR Nikolay Sukhanov added, following the results of the first meeting, consideration of the claim was postponed as the court additionally requested audit materials on the fact of the seafarers' application from the Nakhodka city Prosecutor's office.


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