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Alice Webb
Posted: Friday, May 14, 2010 8:03 PM
Joined: 13/05/2010
Posts: 1


Recently I have left a boat because the working conditions were not as we were lead to believe. After 3 months we (all the crew) were meant to have a pay rise of initially $500 and then agreed verbally by the captain and the owner $1000. No ones pay has been recognised. How do we stand?
Chief
Posted: Friday, May 14, 2010 9:04 PM
Joined: 02/06/2008
Posts: 341


"How do we stand?"

 

On ground as solid as your contract.


MatrixLloyd.com
Posted: Saturday, May 15, 2010 1:44 PM
Joined: 19/05/2008
Posts: 52


Hi Alice. Thanks for your post. Like the above poster has alluded to, if you allowed yourself to be employed other than on clear, written terms and a clear, written job description, then in reality you probably haven’t got a leg to stand on (is anyone still stupid enough nowadays to take on a job just on the basis of a handshake?!). So, your contract will be the place to start… what are the conditions set out in there? How do these, and the written job description, differ from the reality of your job? What is written in your contract about pay rises? And, most importantly, what does it say about which country’s law is to apply and where and how any dispute is going to be settled? Benjamin Maltby. MatrixLloyd.
Anonymous
Posted: Sunday, May 16, 2010 2:00 PM
Dear matrix lloyd, easy for you to say. you have a corporate job probably with a pension plan, union, HR department, paternity leave etc... Not so for us yacht crew. I have just started work as engineer on a new yacht managed by a large and well known management company, 1 month in and still none of the 5 crew have signed contracts. They are waiting til we cruise past there office head quarters to sign them, whenever that is. Yes I have been short changed by owners in the past and am wary, but need to work. I still cant believe the mentality of these a- holes who seem to get a kick out of screwing the little guy for money which is of a significant amount to us the crew, especially when you have a young family to support, but amounts to nothing more for them than an extra 5 or 10 minutes of fuel whilst travelling in their helicopters or another round of champagne for their sycophants.

MatrixLloyd.com
Posted: Sunday, May 16, 2010 2:51 PM
Joined: 19/05/2008
Posts: 52


No, I run my own business. I have no pension plan, union, HR Department or paternity leave. Just my own hard work and integrity. Of course you can work without a written contract, but it’s just these sort of employers (including some well known yacht ‘managers’) who go on to take advantage of yacht crew. If you think the rate of pay merits the risk (in reality, it may do) than that’s your choice, but there’s not much point whining when you get shafted.
Anonymous
Posted: Tuesday, May 18, 2010 8:25 PM
ok, so thanks for your inputs, is there any body (representatives) in the yachting industry that could help us out? Whether now or in the future? We all had contracts and emals confirming that the captain had agreed our vrious wage increases. The owner has said that he does not have anything in writing from the captain. However, we do have something which indicates the office ashore was in the know of pay rises? does this help our situ?
Henning
Posted: Thursday, May 20, 2010 3:31 AM
Joined: 01/06/2008
Posts: 1053


Any documented evidence to substantiate your claims is of course helpful. The question of viability of your claim lies in what jurisdiction you are seeking recourse in. If the jurisdiction does not allow you to claim legal costs on the infringing party (IF you win), then the cost of pursuing the action may be greater than the award. If you want solid advice, you have to provide greater detail as to where the vessel is, where you were signed on/hired from (if you received the job offer over the phone and flew to meet the boat, that broadens jurisdictional possibilities) and the flag state of the boat. With the small amount of money owed, it's doubtful that it's really worth pursuing, but talk to a lawyer about it as there are too many variables to deal with on a message board.

Anonymous
Posted: Saturday, July 17, 2010 4:36 PM

Hi, hope you can help me on this one!

I left a boat in April, after serving onboard for 3 years. I have still yet to recieve my final salary and repatriation expenses. It's now three months later and I'm fed up of being jerked around!

Where do I stand legally?


Henning
Posted: Sunday, July 18, 2010 6:47 AM
Joined: 01/06/2008
Posts: 1053


Anonymous wrote:

Hi, hope you can help me on this one!

I left a boat in April, after serving onboard for 3 years. I have still yet to recieve my final salary and repatriation expenses. It's now three months later and I'm fed up of being jerked around!

Where do I stand legally?


I'm always curious as why anyone would leave the boat without being "paid off" (unless of course you were terminated "with cause" then I have until the next normal payday to pay you) and been handed a ticket or paid confirmation number for your ticket (again, termination "with cause" and I don't have to repatriate you.)

Anonymous
Posted: Sunday, July 18, 2010 4:52 PM
You always have to repatriate, but in certain circumstances you can claim the cost from the seafarer.
Anonymous
Posted: Monday, July 19, 2010 5:48 PM

In response to the previous post, I left to emmigrate to the US. I gave 2 weeks notice MORE than I was required to give, but the boat had been sold 3 months earlier to someone who has no experience in owning large yachts and so through their ignorance of all things yachting I was fightingf to get approval for any work during the yard period I oversaw and now I'm having to fight to get my money.

The situation was not helped by the fact that the new crew were only just arriving and the boat had no Captain or 1st mate at the time of my departure.


Chief
Posted: Monday, July 19, 2010 7:34 PM
Joined: 02/06/2008
Posts: 341


" ... termination "with cause" and I don't have to repatriate you."

Oops, there goes another henning. It must be the summer migration, there seem to be more than usual lately.

Does your boss fully understand the liability to which your continued employment exposes him?

Henning, I don't know if your crew reads any of the stuff you post but if they do they should catalog it to use as evidence when they get screwed through your ignorance.


Henning
Posted: Tuesday, July 20, 2010 4:37 AM
Joined: 01/06/2008
Posts: 1053


It comes out of the seaman's pocket:
http://www.ilo.org/ilolex/cgi-lex/convde.pl?C166

PART IV. ARRANGEMENTS FOR REPATRIATION

Article 4

.....

3. Where repatriation has taken place as a result of a seafarer being found, in accordance with national laws or regulations or collective agreements, to be in serious default of his or her employment obligations, nothing in this Convention shall prejudice the right of recovery from the seafarer of repatriation costs or part thereof in accordance with national laws or regulations or collective agreements.




Chief
Posted: Tuesday, July 20, 2010 2:29 PM
Joined: 02/06/2008
Posts: 341


Yes, the costs can be recovered from the seafarer but that is directly opposite from "I don't have to repatriate you." You must repatriate the seafarer, provide lodging, meals, medical care, and expenses until they reach their destination. You must hand them a paid ticket plus transportation to the airport plus lodging if they have to overnight somewhere, plus meals, plus plus plus.

Simply making the statement "I don't have to repatriate you." is just another henning that might make you feel good and might intimidate junior crew but is a pointless and counterproductive statement to post in the context of this forum. Of course that is assuming you knew all along that it was merely another throwaway statement, a "henning."

I suspect it was a statement of what you believed to be fact, or like other captains who cause the problems people bring up on this forum, you want to believe is fact and act on your own prejudices rather than the laws which were created to protect crewmembers from people like you.


bubbabubbles
Posted: Tuesday, July 20, 2010 2:51 PM
Joined: 20/07/2010
Posts: 2


freelancersunion.org for American freelance yachties.  hope that helps
 
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