Seafarer should better consult with trade union before writing explanatory report

A careless word in an explanatory report can cost a seafarer money and a good name. Such documents are legally binding, and any wording can be used to lodge claims against the employee by the company. 

Therefore, you should better contact a trade union for advice and legal support before writing anything in an explanatory report. The Kaliningrad Regional Organization of the Seafarers' Union of Russia regularly faces situations where seafarers, under stress, sign documents admitting guilt in a particular incident without evaluating all the possible consequences. 

A case in point was the recent case of a harbor tugboat captain who approached the SUR KRO for advice. He said that, being under pressure from an employer representative, he hastily wrote an explanatory report stating that his vessel had allegedly damaged fishing nets set in a sea channel, even though no one had recorded the damage. 

"According to the seafarer, he saw neither nets nor fishermen near his tugboat. No authorities, including transport police, attended the scene of the alleged incident. He was only made aware of the incident by management, who requested an explanation report in which he admitted to the damage to the nets and promised to pay the fishermen RUB 300,000 out of his salary, according to SUR KRO Chair Lyudmila Izmalkova. 

Once the captain wrote the explanatory note, he began to doubt the legality of the employer's demands for compensation at his own expense. Therefore, the seafarer turned to the union for assistance. 

It was clarified to him that, while oficcially employed on a Russian-flagged vessel, he is safeguarded by the Russian Labor Code. This code stipulates that his explanatory report is not evidence of guilt and that any deductions from his wages must be made in strict compliance with the law. 

"Since the captain disagrees with the accusations against him, we suggested he contact his employer and demand payment of his wages in full." Otherwise, the seafarer has the right to appeal to the court, where we, for our part, are ready to support him," Izmalkova emphasized.

 The SUR KRO Chair added that in such a situation, seafarers should not act hastily on their employer's instructions. 

It's best to consult the union before drafting an explanatory report.