16.07.2021

The seafarer complained for violations during employment and salary debt

Owned wages, illegal manning, because of which it is very difficult to get the employer to fulfill his obligations- these problems were faced by Magomed Ziyavdinov, who served as a Ch. Officer on the ship Socol 9 from July 31, 2020 to February 20, 2021. The seafarer asked for assistance from the Far Eastern territorial organization of the Seafarers Union of Russia. Representatives of the FETO SUR, in turn, sent a message to the Primorsky Transport Prosecutor with a request to check the legality of the activities of Nevis Shipping LLC, as well as take measures to recover the debt.

According to the seafarer, before the voyage he was promised to be paid 1300 US dollars, and the same amount as monthly bonus. However, without explaining the reasons, he did not receive the bonus part for two months – 2600 US dollars. In addition, the ship is formally owned by Navis Car Line Pte. Ltd. from Singapore.

The seaman was employed through the Vladivostok company Nevis Shipping LLC, which provided him with a contract already signed by a Singapore shipowner. M. Ziyavdinov also said that there was no information in the contract about payments in case of injuries and death.

Although, according to the FETO SUR, Nevis Shipping has a license to conduct activities for the employment of Russian citizens to a foreign employer, it violates the requirements of the law: in particular, the seafarer was not provided by the necessary documents during employment.

«In general, this type of activity is regulated by the Regulation on licensing activities related to the provision of employment services for citizens of the Russian Federation outside the territory of the Russian Federation. According to this document, before leaving abroad, the seafarer had to be provided, for example, with information certified by the head of the licensee about a foreign employer, about the place of work of a citizen in a foreign state, the procedure for meeting him abroad, traveling to the place of work and residence, about the diplomatic mission and consular offices of the Russian Federation in a foreign state. None of this was done», - said the chairman of the FETO SUR Nikolay Sukhanov.

However, the oddities in employment were not limited to this. According to Magomed Ziyavdinov, 300 US dollars were also withheld from him for confirming a working diploma for sailing under the Panamanian flag. As the chairman of the FETO SUR stressed, this is completely illegal, since, according to the MLC, ratified in our country, the state must ensure that seafarers are not directly or indirectly charged with paying any fees and costs in connection with hiring and providing work. The state should monitor this and generally control the crewing companies.

«We believe that in this case, the conditions for the employment of seafarers on foreign ships were grossly violated. Article 18.13 of the Administrative Code of the Russian Federation provides for an administrative penalty for this. We hope that the prosecutor's office will carefully study the activities of Nevis Shipping LLC and the company will be held responsible for its actions. We also plan to inform the Ministry of Internal Affairs about the failure of the crewing company to comply with the licensing conditions, so that his license is revoked»,- Nikolay Sukhanov stressed.

It should be mentioned that the vessel is not covered by the ITF collective agreement.

The Chairman of the FETO SUR noted that, unfortunately, with such employment, it is very difficult for seafarers to defend their rights as they simply do not know who to turn to and from whom to seek the truth, since the formal owner of the ship is abroad.

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