CASES

REPORT

Finland – ES Venus (IMO 9672208): blockade forces payment of owed wages, new ITF CBA September 2020

In September 2020, the bulk carrier ES Venus docked in Rauma, Finland, under an ISU-Lanibra agreement. Its captain refused to let an ITF inspector aboard, despite crew complaints of wage inconsistencies and discrimination.
 
Soon after, the inspector received an email from non-English speaking ISU President Ludvic Jesenicnik stating that: “… we can assure you, [sic] that the Company [sic] keep very high standards in relation to the employment of seafarers”. The vessel’s managers also emailed the inspector, referencing the vessel’s agreement with the ISU, the ISU’s supposed legitimacy and outlining multiple criteria to be met for an ITF inspector to board. They said of their agreement with ISU-Lanibra, and retention of an ILO Maritime Labour Convention (MLC) 2006 certificate was: “… proof that our good ship is in line with the [sic] international labour standards and all seafarers on board are employed in line with international requirements.”
 
The ITF inspector maintained contact with the crew, who told him they faced discrimination from the captain and raised problems with their wages including that the ship’s captain was enforcing unlawful “double bookkeeping”: wherein every month the seafarers were forced to sign two payment lists, one to show they received the wages they were entitled to and one which showed the lower, incorrect wages they actually received. They shared the evidence of this with the ITF inspector.
 
When the inspector again tried to board, the captain once again refused, even preventing the crew from speaking to the inspector on the dock.
 
In response, on September 7, the Finnish Seafarers’ Union (Suomen Merimies-Unioni, SMU) enacted a blockade to prevent the ship from unloading until the seafarers’ rights were respected, including their receipt of their correct wages and their repatriation home and replacement with a new crew.
 
Only then, with the blockade in force, did communication from the ship’s captain shift: “Of course, you and ITF representative [sic] are welcomed [sic] to embark to meet our crews. We understood that the earlier refusal by our master was due to precautionary measures of COVID-19.”
 
Soon after, with the presence of local police required to ensure the crew could safely disembark, the captain paid more than USD 25,000 in backpay to the crew, and the shipping company’s lawyer paid hotel and flight cost to repatriate the seafarers. Crucially, the company then scrapped its ISU-Lanibra agreement and signed a legitimate ITF agreement.
 
Before leaving the ship and returning to Myanmar, the crew filmed themselves ripping up their ISU-Lanibra agreements – a striking repudiation of the sham union.