As much as it is not pleasant to talk about it, but often you can hear that the wages are not paid to sailors after being on long voyages, other labor rights are violated, ship owners do not want to pay for flights. What about this? Answers are given by the former Senior Assistant of the Maritime Transport Prosecutor, and now a member of the Marine Legal Bureau - Zhukov Svetlana Yuryevna.
What is the role of the prosecutor’s office on the indicated issue?
Given the developed maritime infrastructure, special attention is paid to respecting the rights of Russian seafarers employed in foreign shipping companies.
The reason of such close attention of the prosecutor’s office to the problems encountered by sailors «fake» ships is the lack of protection of this category by controlling state authorities (in particular, the State Labour Inspectorate), workers often lack basic knowledge of the scope of labour rights.
In 2021, in defense of the labor rights of Russian sailors, the transport prosecutor brought to court:
Given the developed maritime infrastructure, special attention is paid to respecting the rights of Russian seafarers employed in foreign shipping companies.
The reason of such close attention of the prosecutor’s office to the problems encountered by sailors «fake» ships is the lack of protection of this category by controlling state authorities (in particular, the State Labour Inspectorate), workers often lack basic knowledge of the scope of labour rights.
In 2021, in defense of the labor rights of Russian sailors, the transport prosecutor brought to court:
- to foreign shipowners-employers 14 claims for recovery of salary arrears in the total amount exceeding 4.5 million rubles. ;
The prosecutor has also brought legal action against crooked companies engaged in recruiting and employing seamen for foreign company vessels operating under the flag of the Togolese Republic. The claims related to recovery from the crooks of compensation for pecuniary damage suffered by workers (seafarers) due to failure of foreign employers to pay wages. In the current year, about 28 such claims have been filed for more than RUB 4 million.
As a result of the prosecutor’s intervention, on the above-mentioned lawsuits, foreign employers have settled debts to 44 Russian sailors in the amount of about 10 million rubles. There has also been a significant decrease in the number of complaints received by the Public Prosecutor’s Office compared to previous years. I believe that this is the result of measures taken earlier by the prosecutor, including the initiation of detention of seagoing ships under foreign flags in the port of Vladivostok due to salary arrears.
The prosecutor has also brought legal action against crooked companies engaged in recruiting and employing seamen for foreign company vessels operating under the flag of the Togolese Republic. The claims related to recovery from the crooks of compensation for pecuniary damage suffered by workers (seafarers) due to failure of foreign employers to pay wages. In the current year, about 28 such claims have been filed for more than RUB 4 million.
As a result of the prosecutor’s intervention, on the above-mentioned lawsuits, foreign employers have settled debts to 44 Russian sailors in the amount of about 10 million rubles. There has also been a significant decrease in the number of complaints received by the Public Prosecutor’s Office compared to previous years. I believe that this is the result of measures taken earlier by the prosecutor, including the initiation of detention of seagoing ships under foreign flags in the port of Vladivostok due to salary arrears.
It should be noted that, thanks to the measures taken by the transport prosecutor’s office with regard to foreign shipowners, the rights of seafarers who have applied to the public prosecutor’s office at a high level have been restored.
In this connection, I would like to clarify what work is done by the prosecutor’s office in relation to violations committed by domestic maritime companies?
In this connection, I would like to clarify what work is done by the prosecutor’s office in relation to violations committed by domestic maritime companies?
The Office of the Procurator-General of the Russian Federation directs all prosecutors to carry out supervisory activities in this area as a matter of priority.
The work of the Transport Prosecutor’s Office on compliance with labour rights of workers employed in maritime transport enterprises is conducted systematically. This work is primarily aimed at preventing violations. For example, in 2020 an inter-ministerial working group was established under the chairmanship of the transport prosecutor, which included representatives of investigative bodies, judicial officers, labour inspection, and the captain’s service at the seaport of Vladivostok. Cooperation has also been established with the Primary Trade Union Organization of Seafarers of Vladivostok. Russian Professional Union of Seafarers, statistical bodies, executive bodies of local self-government. Moreover, it should be noted that the supervision of maritime companies is carried out by both territorial and transport prosecutors. In particular, fisheries companies are subject to the supervision of a territorial prosecutor with regard to the enforcement of seafarers' labour rights; In respect of these economic entities, the transport prosecutor exercises supervision with regard to the implementation of legislation on safety at sea and in the field of transport safety. At the same time, shipping companies that carry out maritime transport of goods and passengers are supervised by transport prosecutors, including on compliance with labour legislation. Work in this area is ongoing and significant.
The work of the Transport Prosecutor’s Office on compliance with labour rights of workers employed in maritime transport enterprises is conducted systematically. This work is primarily aimed at preventing violations. For example, in 2020 an inter-ministerial working group was established under the chairmanship of the transport prosecutor, which included representatives of investigative bodies, judicial officers, labour inspection, and the captain’s service at the seaport of Vladivostok. Cooperation has also been established with the Primary Trade Union Organization of Seafarers of Vladivostok. Russian Professional Union of Seafarers, statistical bodies, executive bodies of local self-government. Moreover, it should be noted that the supervision of maritime companies is carried out by both territorial and transport prosecutors. In particular, fisheries companies are subject to the supervision of a territorial prosecutor with regard to the enforcement of seafarers' labour rights; In respect of these economic entities, the transport prosecutor exercises supervision with regard to the implementation of legislation on safety at sea and in the field of transport safety. At the same time, shipping companies that carry out maritime transport of goods and passengers are supervised by transport prosecutors, including on compliance with labour legislation. Work in this area is ongoing and significant.
For each occasion and the statement of the sailor immediately carried out inspection activities and taken full range of response measures, up to the initiation of criminal cases on the facts of non-payment of wages.
In 2021, within the framework of supervisory activities, more than 100 violations of the law in terms of timely payment of labor were detected, 44 claims for recovery of wages amounting to more than 9 million rubles were submitted to the court. , 9 submissions were made on the elimination of violations of law, 11 persons were brought to administrative responsibility, 1 warning was announced that violation of law is not permissible.
In addition to violations of labour laws regarding timely payment, what other problems do seafarers face? And in these cases, how does the prosecutor’s office help to restore the rights violated?
Another problem encountered by Russian seamen is the inability or unwillingness of the employer to organize their return (repatriation) from foreign seaports, after the end of contracts or due to the failure of the shipowner, including on wages. The abandonment of compatriots abroad is due mainly to the arrest of ships due to lack of financial means to pay for repairs and port fees. Such a situation has been created in 2020 with the crew of ships of the shipping company «Hudson». As a result of the listing by the US Department of Finance of companies and all vessels owned by them on the list of enterprises and vehicles that are subject to economic and trade sanctions for violations of the resolutions on the Democratic People’s Republic of Korea, The organization’s financial situation has deteriorated, with four vessels with crew on board remaining without means of subsistence in overseas seaports of China, Singapore and Korea since 2018.
By the orders of the transport prosecutor, the legal entity and the official were held to administrative liability, the head of the company was presented with submissions, 30 applications for the court were submitted on the obligation to repatriate sailors to Russia. Constructive interaction with the consuls. As a result of the measures taken jointly, 30 compatriots who are members of seagoing crews have been repatriated, 26 of them having been repatriated for the first time under federal budget funds in the framework of implementation of the 2006 Convention on Maritime Labour. In addition, as a result of almost one year’s work of the transport prosecutor’s office, the rights of a Russian seaman who was injured during the performance of duties on a ship working under a foreign flag have been restored. In order to restore the violated right, the transport prosecutor filed an application with the court establishing the fact of the employment relationship with the Russian shipping company operating the said ship under a foreign flag.
It should be noted that in the civil case of this action, the prosecutor has established contact with representatives of the international seamen’s trade union, thanks to which the flag state of the ship (Republic of Sierra Leone) International documents with a translation into Russian were received and provided to the court, substantiating the prosecutor’s position in the case. Following the examination of the claim, the prosecutor’s claims made in the interests of the seaman are fully satisfied, which subsequently allowed the seaman to receive the required state support measures, in particular: lump sum payment due to injury on the job (the latter is more than 100 thousand rubles), and also receive a monthly allowance of about 30 thousand rubles. Until the full restoration of the ability to function, reimbursement of the cost of drugs used by a seaman to restore a damaged limb.
Finally, I would like to address the current and future employees of the marine industry.
In order to avoid violation of your employment rights carefully study the provisions of contracts, employment contracts. Never agree to the employer’s terms and conditions to specify a minimum wage in the contract, but actually receive a large amount, as it will be difficult to prove in court the real salary. Always read carefully and study documents related to the performance of work function, and only then sign the last. In case of violation of labour rights immediately apply to the labor inspection, if there are grounds for investigation and prosecution.