First hand view from an Indian flag ship . . .

Here's a copy of the letter I wrote to DG Shipping and others a few
days ago, in context with this business of different letters
pertaining to service onboard Indian flag ships.
1) The "articles of agreement" which is the official document that
will hold for all legal purposes. This is between the shipowner, the
Master and you and is what is the document required under the Merchant
Shipping Act.
2) The "appointment / agreement", call it what you want, between
somebody else and you. Usually a "manning agent" who is working under
the same MSA but under the RPS Rules which were issued by DGS!!!
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To: The DG Shipping, Govt. of India, Jahaz Bhavam, Mumbai.
cc: The Nautical Advisor,Govt. of India, Jahaz Bhava, Mumbai.
dtd:- 21st September 2011
Greetings & Jai Hind!!
As you may be aware, seafarers joining Indian flag ships typically
sign atleast two documents, if not more, pertaining to their
conditions of emplotyment on board, wages, terms and conditions,
taxation,benefits, insurance covers, and other related elements.
1) Articles of employment as seafarer, an official legal document
issued by the Government of India, and signed by the seafarer, Master
and shipowner. Wages shown here are to be atleast as per IMB/MUI
agreement. There is nothing that prevents higher wages or benefits
being paid to seafarers in this.
2) Another "agreement" or "contract" signed with the RPS agent which
is totally at variance with the above. Wages shown here are different
from MUI, and contradict the basic tenets of the MSA, the laws of the
country, the taxation issues,IMB/ MUI agreement, as well as any form of
natural justice. In addition, this appears to be intensely one-sided
against the seafarer, and is reportedly also filed with the office of
the DG Shipping - especially when performed by RPS Agents.
In the first instance, I would like to know if the office of the DG
Shipping is aware that such dual agreements are now almost an accepted
fact of life, apparently endorsed by the office of the DG Shipping,
Government of India, by reasons of common practice over the last few
years.
In the second instance, I would like to know what the office of the DG
Shipping proposes to do about this, since it appears to be a rather
untenable and unsustainable practice, not covered under any part of
the Merchant Shipping Act as well as against all basic laws pertaining
to employment as well as other related factors therein, which I shall
be glad to outline if you so desire.
I look forward to your early reponse on this subject, and thank you
for your kind co-operation.
Sincerely . . .
___
___
Obviously, the DGS has not responded, it willtake an RTI to get them
to respond. But meanwhile, from onboard an Indian flag vessel, the
sub-standard work conditions and total sweatshop attitude continues to
prevail. Salary cuts are arbitary, working conditions terrible, and
there appears to be a fear generated atmosphere onboard which was
never there before.
+++
I know much more on what ails Indian shipping now - and only wish it
was made compusory for ALL peope ashore in shipping, especially in
government as well as IRS, MMD, teaching, Port State Control and
similar, to go to sea for 3-6 months every five years.
On Indian flag ships.
THAT would really wake them up.
In my case, the bedbugs on board this ship have woken me up, I am out
in 5-6 days. That, and the crummy company on board - the ChEng, with
hardly 2 weeks under his belt, is moving on too.
+++

Open observation on Indian flag ships and life therein

Basad on first hand observations as well as supported by inputs from others, the one big thing that needs to be done is that people involved in the shore aspect of shipping need to spend atleast 6 months onboard an Indian flag ship every five years.

The full cycle, from recruitment to briefing to joining to life on board and sign off/debrief.

This business of revalidating tickets basis a course or being involved in shipping ashore is simply not enough.

This doesn't include a separate treatise on the games indian shipping companies and their agents play in context with salaries, taxation, and the rest of it.

Jugal Purohit's blog on DG Shipping and the State of Affairs there . . .

This one by Jugal Purohit (of Times Now) is eminently readable . . .


http://thoughtso.wordpress.com/2011/05/14/piracy-dgs-reacts-leaves-none-impressed/

On May 11, 2011, the Mumbai-based Director General (DG) Shipping, under fire for being unable to react effectively to the scourge of piracy affecting Indian men and waters, finally reacted as the agency issued an ’Order’ (available on the website: www.dgshipping.com). For an organisation, long seen as being on sedatives even by its own community of seafarers, this was a sizeable step. However, on closer analysis with various stakeholders, the verdict seems to echo the timeless phrase, ‘too little, too late’.


(Here;s the actual DGS order . . . 


http://www.dgshipping.com/dgship/final/notices/dgsorder4_2011.htm

FOC ships, piracy, dear DGS, who or where is the real shipowner?

Very often, in cases involving Indian seafarers working on foreign flag ships, through RPS companies operating under DG Shipping auspices, the big question arises:- WHO is the real ship-owner? Leave alone fraud issues like fake class, absent P&I cover, lack of insurance, sub-standard rust buckets. The big question is nobody can answer - who is the real ship-owner?

The RPS company, more often than not like in the DGCA scams, are in some way or the other related or otherwise 'friendly" to people at DGS. Same old boy network, yeah, sure. Worked wonders for all of us.

But now our old boys are getting tortured, kidnapped, imprisoned and injured, maimed, even killed. Gone too far. Time to look around and put an end to this, time to fix the rot at DGS before a scam of the DGCA sort hits the ceiling, and media.

One set of simple solutions coming from a few people I spoke with, which is another thing - here in Delhi, the fear of DGS is so all-pervasive, that everybody wants to keep their identity hidden. But OK, so this is it, especially where the real owner can not be traced, and all sorts of other entities come in front:-

1) Indian flag ship wners are covered under MSA and can easily be held  traced and liable under Indian Law.

 

 

2) Issue arises in the case of foreign flag ships which are FOC and through RPS agencies where actual ownership is not known since front company is hidden in tax havens. This is absolutely illegal under Indian laws, for Indian entities to do business with entities who are hiding behind tax havens, and DGS complicity in this needs to be investigated. How is it that our own DGS extends some sort of recognition to companies which are often nothing more than suitcases and laptops hidden in secret offices in tax havens, have they not heard of people going to jail lately, for all this? Better ask around, Shri DG and NA, and soon.

 

 

3) But interim, for immediate relief, we need to demand for Indian seafarers working on foreign flag ships through RPS companies that DGS simply ceases some of these illegal practices and just complies with Indian laws to the maximum effect so that:-

 

 

a) All bank guarantees with RPS companies be increased to Rs 50 lakhs per seafarer instead of present Rs 10000.oo per seafarer. Alternately, a policy for value of Rs 50 lakhs per seafarer be made and deposited with DGS for the next of kin. This number is basis the amount of minimum insurance and under-writing for a junior Government functionary going to Afghanistan on deputation, by the way. Add to that pension and the rest of it.

 

 

b) #Where flag of vessel is same as nationality of owner of vessel, then full KYC guidelines as set down by Ministry of Finance be complied with, before permitting Indian seafarers onboard.

 

 

     #Where flag of vessel is different from nationality of owner of vessel, then full KYC guidelines as down by Ministry of Finance be complied with for both entities, before permitting Indian seafarers onboard.

 

 

c) A separate kidnap and ransom cover to be taken for each Indian seafarer to the value of USD .5 million SDRs for usage towards ransom payments.

 

 

d) A separate death and disability insurance cover to be taken for each indian seafarer to the value of full payments til the age of 65 or 10 years, whicher is longer, in case of death or disability due to piracy/kidnap.

 

 

+++

 

Let us face it, DGS is not in a position to reconfirm the genuine-ness of P&I cover or documents of ships calling Indian ports, so trying to do so for ships trading exclusively abroad will be even tougher. Keep the added insurance in India, through Public Sector Insurance companies or GIC, all of us seafarers know that we are living and working in a dangerous profession with our eyes open - but please organise some protection for our families if we get kidnapped or fall afoul of pirates?

RPS guidelines on employers of seafarers - DGS rules - essential reading

For anybody in the business of commenting on Somali pirates, please do a 360 and read these rules as applicable to employment of seafarers, and try to work out who else are the pirates as far as seafarers are concerned.

It is easy to blame piracy, but let us look within, also?




http://www.dgshipping.com/dgship/final/rules/ms_recruit_placement_seafarers_2005_Cov.htm

http://www.dgshipping.com/dgship/final/rules/ms_recruit_placement_seafarers_2005.doc

Defined - employer, bank guarantee amounts, and much more which the average seafarer just does not know about, to start with . . . consider this - from the day the aspirant seafarer answers her or his first advertisement on the subject of wanting to go to sea, how many pirates do they meet who take them for a ride?