Complaints received against ship-management agencies in India (RPS under DGS 2005)

Over the last few weeks, and more over the last few days after publishing Deepak Divekar's article (said issue having now been escalated to offices of DGS and NA/Jahaz Bhavan, Mumbai) I have received more than a few emails and telephone calls from impacted seafarers. Some of these have simple solutions, which could be implemented by the DGS or Shipping Master with no effor, if they really cared about the goodwill of seafarers and their familes - as well as some amount of protection for themselves, especially in context with seafarers sailing through non-RPS or on non-Indian flag vessels.

http://matescabin.blogspot.com/2011/10/request-to-all-those-with-complaints.html

http://matescabin.blogspot.com/2011/10/blacklist-of-defaulting-owners-and.html

Typically, these are the issues faced:-

# Seizing or holding back of documents like passport, CDC, STCW certificates and other originals by "agents", without issuing receipts, and then demanding money for the return. All the more problematic when the agent is unable provide a position on a ship, and the seafarer is losing opportunity while waiting, at his own cost. This often forces seafarers to accept lower paid positions which are also not useful from a career point of view.

I spoke to some of the better agencies and owners, and they simply do not do this - choosing to keep soft-copies instead, EXCEPT when originals are needed for visas, in which case the documented procedure is different. However, this practice is rampant with the majority of "ghatiyaa" agents, and that is what spoils the name of the community.

Suggestion:- Seizure or holding of documents is a criminal offence, but not much you as a seafarer can do unless you have a receipt. DGS and Shipping Master should immediately issue an order or circular that RPS agents and shipping companies must issue a receipt before taking any original documents, otherwise photocopies or soft copies should suffice.

# Ship that the seafarer landed up on is not the one he was selected for or told about. This may be regardless of articles or agreements signed. And once in a foreign port, in the middle of nowhere, nothing much the seafarer can do except suffer it out. This can happen in or off Indian ports too.

Again, the better agencies and owners provide vessel and company specific briefing, sometimes lasting as long as 2-4 working days, before sending a person out. Others, the ghatiyaa lot, often don't know much about things themselves. A seafarer has every right to know about the ship he is going on before he leaves home port.

Suggesion:- Seafarer must be provided with full particulars of the vessel he is being sent on, including basic minimum data on class, P&I, condition, age, and principal particulars - including all known details of owners and bankers. Once this is done, it is up to the seafarer. By rights, this data should be available online also, as soon as an owner or agent has the LOI or brief to provide Indian seafarers on the ship, then all details MUST be available on the agents website as well as on DG Shipping's website. No details, no Indian seafarer, atleast not through DGS or RPS Agent.

# Salaries are not paid in time, accounts are not received, exchange rate clarity is not provided and worst of all - deductions as well as taxation are not suitably explained.

This is the most amazing part of things in this day and age, when communications are instantaneous, and salaries should be in seafarer nominated accounts by or on the last date of the month.

Suggestion:- DGS / Shipping Master should take an 'action taken' report on a regular monthly reporting basis, submitted to the DGS not later than 7th of the next month, that ALL pending dues have been actually cleared in all cases - and exceptions, if any, with reasons, are to be listed vessel and person-wise.

# There was one salary indicated in the India office. There was another salary indicated in the contract signed. There was yet another salary in the articles. And then there was yet another different salary paid onboard. In addition, the joining date was w.e.f. the date the person joined the ship, rather than from the day he was confirmed for departure or actually departed.

The better companies who want to attract and retain better people tend to address this issue in a more reasonable way. But here again, it is the "ghatiyaa" agencies which spoil the industry's name.

Suggestion:- It should be made clear to the seafarer HOW MANY different agreements he shall have to be party to at the beginning itself, and he needs to be able to decide for himself if he wants to join or not. In advance.

# Vessel is sailing to or through piracy areas, and owner / operator is not relieving the seafarer.

Suggestion:- Your life and family's peace of mind is worth more than all the money you can earn. Pick up the phone, VHF, whatever, and call the Port Control, if your company is not getting you off the ship, and there is no help forthcoming from DGS / MMD / Shipping Master.

+++

More follows. There is suddenly a spate of articles required on FOC vessels after the grounding of the MSC chartered RENA off New Zealand (Astrolabe reef).

A blacklist of defaulting owners and shipmanagement agencies is the need of the day

Here's a report which should interest most seafarers, who face such issues on a regular basis, I wonder if DG Shipping has done anything about it so far?

http://articles.timesofindia.indiatimes.com/2010-12-09/pune/28241398_1_ship-owner-sailors-navy-officer

Rs 1.5 cr compensation awarded to ex-merchant navy officer

TNN Dec 9, 2010, 05.04am IST

 

PUNE: Deepak Divekar, a former merchant navy officer, has been awarded compensation of Rs 1.56 crore by the Arbitral Tribunal of Justice S C Pratap, following a judgment in his favour on Oct 30, 2010 vis a vis his former employer, Kuwaiti shipping company United Arab Shipping Company and its shipping agent Killick Marine Services Ltd.

The company had allegedly blacklisted him following allegations of drunken misbehaviour, unprofessionalism and causing communal disquiet while on board. Divekar said he intends using the money to set up a trust fund to provide legal aid for similarly-affected sailors who remain unemployed after a shipping company blacklists them.

Addressing a news conference here on Friday, Divekar, who was subsequently forced' to quit his shipping career for lack of employment, said that the allegations of unprofessionalism came after he opposed the decision of his captain to purchase 100 MT of non-potable water while on board M V IBN Abdoun at Statia terminal in the vicinity of the Caribbean islands in 2000. "The water was unfit for human consumption, as was subsequently proved by the fact that two other officers, apart from myself, as well as crew members like the bosun and fitter suffered from severe stomach problems," he said. Repatriation at the next port (which was in Russia) was not possible.

The vessel arrived in India on Sept 27, 2000, said Divekar. "Though I requested the shipping agent, Killick Marine Services Ltd, for help, I was refused it. I had no option but to seek medical help on my own, despite the terms of the contract that if an officer is signed off on medical grounds, it is the duty of the ship owner - in this case, the United Arab Shipping Company - to reimburse the amount."

Following this episode, Divekar says he could not get a job with any company, as the company charged him with drunken misbehavior, unprofessionalism and causing communal disquiet while on board. "The mental grief this caused my family was immense. I was also at a wit's end with regard to fulfilling my responsibilities towards my ailing parents, sick wife and young son," he said. "To earn a living, I was subsequently forced to cash in on my resemblance to Pakistani general Pervez Musharraf. This bagged me some acting roles, but this is not what I am trained for."

The arbitration between the company and its agent as respondents, and Divekar as claimant lasted eight years. "In a decade, I have aged 25 years. There's no question of a career at sea for me, any more. However, I hope this trust fund will help hapless sailors like myself who face the wrath of a powerful employer without adequate defence for want of funds," he said.