Claims won't settle on their own

A seafarer, willing to sign off due to the situation on board of a vessel of the Russian owner  and seek payment of wages due to him through the court, applied to the Baltic Territorial Organization of the  Seafarers'  Union of Russia (SUR BTO). He asks what documents he should have to go  to court.

“Numerous times we have drawn attention of seafarers on the documents a crew member  must have before joining the vessel,-  SUR BTO lawyer Dmitry Ivanov said. – These are:  contract of employment (employment agreement) – duly executed and containing detailed working conditions on board a ship. These conditions include, among others, the terms of employment, the position held, the list of job responsibilities, and of course, the amount of wages.

If a company or a ship has a collective agreement, you should try to get a copy of it. It goes without saying  you should have a crew list and your Seafarer Identity Document. Upon completing a voyage you should be given  a certificate of seagoing service and a final  balance of wages account, in case a shipowner    owes  you  wages.

Then, having  in hand these documents and two copies of  duly drafted statement, you can apply to  district court. It is the district court that is authorized by the Civil Procedure Code of the Russian Federation to consider claims for the recovery of wages in the amount of more than RUB50,000. However, if the amount of the debt  does not exceed a total of RUB50,000, then you need to apply to  a Magistrate Judge in accordance with Art. 23 of Civil Procedure Code.

Taking into account that the seafarer worked on board a ship flying the Russian flag, there is a very important point that you should pay attention to: the (limited) period established by law for filing a claim with the court. Missing the deadline  without good reason on the part of the seafarer serves as the basis for rejecting the claim for the recovery of wages.

In accordance with Art. 392 of the Labor Code of the Russian Federation, an employee (including a seafarer) has the right to apply to the court to settle an individual labor dispute within three months from the day he learnt or should have learnt about violation of any of his rights related to work on board a ship. The deadline to apply to the court in case of  a disputable dismissal is one month from the date of receiving  a copy of the dismissal order or from the date of  being given the work record book.

To settle an individual labor dispute on non-payment or incomplete payment of wages and other payments due to an employee, he has the right to apply to the court within one year from the  established date for the payment of these amounts, including cases of non-payment or incomplete payment of wages and other payments due to an employee upon dismissal.

The above mentioned Article determines a general limitation period for settlment of individual labor disputes. This period starts from  the moment when a seafarer learnt or should have learnt about violation of his right, i.e. at the time of non-payment of wages on time.

The situation touches upon the right to receive wages. Taking into account that the seafarer is not deprived of the opportunity to independently determine the amount of wages dued to him and the term of its payment, it is assumed that he should have learnt about the violation of his right to receive  wages no later the wages payment date.

Thus, the seafarer has the right to apply to the court with a claim for the recovery of wages within 12 months from the date of non-payment of wages to him or when the period for its payment has expired.

- Let me cite as an example a case that was heard in the St. Petersburg District  Court and then in the Municipal Courts, -  Dmitry Ivanov said. –  The motorman  “N”, who worked for a long time in a Russian shipping company on board a ship under the Russian flag, made some calculations before his retirement and came to the conclusion that the shipowner had been underpaying him wages over the past five years. In particular, the shipowner inadequately paid  him for work on board the ship on weekends and holidays during voyage.

Following  lengthy court hearings the District Court, on behalf of the Russian Federation, awarded payment to seafarer all amounts he  claimed  for the last 5 years.

The Municipal Court of St. Petersburg did not agree with the decision of the District Court and decided that the seafarer  was essentially right that over the past 5 years the employer had been misleding and underpaying him. However, the  Municipal Court considered the seafare should have guessed that he was being paid incorrectly, earlier and should have applied to the court  earlier.

Thus, the St. Petersburg Municipal Court issued a new decision on the seafarer's claim, refusing to satisfy the seafarer's claims for the first 4 years of work in the company as the seafarer missed the deadline for filing a lawsuit.

At the same time, regarding the seafarer's  claims for the last voyage, the case was returned to the District Court to adjust the calculations.

Having adjusted the calculations, the District Court of St. Petersburg satisfied the requirements of the seafarer and awarded  him payment of the amounts underpaid by the company for the period of the last voyage.

However, it should be pointed out one small detail. This rule applies to seafarers who worked on ships flying the Russian flag and for  Russian shipping companies.

As for seafarers who worked on ships under foreign flags and for foreign companies, this provision of Russian labor legislation does not apply to them.

Summing up the above, we can only advise one thing: if there are claims against the shipowner, then you should not delay their settlement. As practice shows, claims won't settle on their own.

According to BTO SUR