21.05.2024

Without a collective agreement on board, deteriorating working conditions become a grim reality

A SUR member, who worked on board the container ship FESCO Dalnegorsk (Liberian flag) applied to the Seafarers' Union of Russia: he was unable to obtain an explanation why the company had terminated his employment contract ahead of schedule and withheld funds from his salary for repatriation. Another question remained unclear, regarding payment for overtime work.

Having worked for the company for a month and a half, instead of the four months required by the contract, the 3d Officer discovered, entirely  unexpectedly, that he had been signed off from the vessel. It was explained to him verbally that he did not meet the requirements of the position he held. What is more, the cost of repatriation from Shanghai - $900 for the ticket - was deducted from his salary. The seafarer tried to sort out the situation, but failed.

Then he contacted the union and asked for assistance. SUR examined the agreement and the individual contract, which allowed the Union to point out to the shipowner the ineligibility of signing-off and withholding money from the salary of the 3d Officer. In particular, a seafarer working on board a vessel flying the Liberian flag should have received a 7 days notice on upcoming signing-off, but the company did not take care of that.

In addition, according to the opinion of the Union, the reasons of the dispute are rooted in the seafarer’s dissatisfaction with unpaid overtime. So, the 3d Officer kept 6/6 watches, so he worked 12 hours a day, but did not receive money for overtime, which he reported to the Captain. While examining the documents, the Union found out inconsistencies in the contract. It stated that officers are not paid for overtime, but it also stated that if an officer works more than 109 hours, then his work will be paid.

Based on the violations identified, the Union demanded to refund the seafarer the costs for  repatriation, as well as to compensate him for early termination of the contract and to pay the overtime work. The Liberian Flag Administration fully supported the demands of  SUR. As a result, the company paid the seafarer for his repatriation and for the overtime,  but refused to compensate for the early  termination of the contract. The 3d Officer  received $1,950.

The Seafarers' Union of Russia highlights the fact that M/V FESCO Dalnegorsk, like other foreign flagged vessels of the company, does not have a collective agreement. So, it's  no wonder that  complaints of their crew members are becoming a grim reality. In particular, SUR has already been several times involved in resolving labor disputes  arose on board  M/V FESCO Askold.

SUR reminds:  the existence of a collective agreement on board is the only way to make the working conditions of  crew members transparent, to establish a decent level of wages, a proper insurance coverage in case of disability or death, and to  guarantee the protection and support of the trade union.

Photo - marinetraffic.com/V. Tonic


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