61 HL – The Legal Helm – Indian Seafarers and Unregistered Manning Agents
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 The India of today is undergoing rapid transformation in all walks of life, be it social, political, economical or intellectual.  On the one hand, ready access to information in this age of 5G technologies has made the young Indian more aware than any preceding generation, while on the other, it has spawned a generation that is (or appears to be), excessively impatient, with an almost palpable longing for quick-and-easy gains. It is for this reason that within the Indian shipping industry, a multiplicity of cases relating to cheating and fraud is being observed, virtually on a daily basis.

 

Another aggravating factor is the fact that unemployment rates are high amongst the Indian youth.  This leads to a frantic rush to grab the first employment opportunity that comes one’s way.   On one hand, this seems the most realistic thing to do. On the other hand, however, it has certain negative connotations attached to it that ought not to be given short shrift.  This frantic rush to grab seemingly star-studded opportunity brings along with it scores of conmen and fraudsters.  They will paint such a rosy picture for the desperate youngsters that, nine out of ten times the unwary ones will fall for it.  Therefore, the conmen’s juggernaut keeps on rolling endlessly year after year. They dupe the unwary seafarers by promising them sure-shot employment in any shipping company of their choice.

 

 

What is the solution?

When problems galore, solutions are not far to seek.  In the current milieu, one needs to follow a precautionary approach.  An individual seafarer should be mindful of certain basic measures, which she/he can resort to secure her/his interests and well-being at sea

 

Conmen and Fraudsters – The vulnerability of an individual seafarer is what leads her/him to the doorstep of conmen.  Therefore, one should try to avoid contacting individuals whose credentials cannot be legally verified.  If somehow a seafarer does get in touch with a unregistered manning agents who has unverified credentials, always ask the agent to produce before you a verified seafarer employment contract that is issued on the official letterhead of the company who is the real employer in such an arrangement.  In addition, if the unregistered crewing agent asks you to travel to a foreign country in order to sign-on a ship then, it is highly recommended that the seafarer firmly ask the agent to connect him to the concerned shipping line or the actual employer, whoever it may be.  It has been seen in a plethora of cases that, these agents ask the seafarers to travel to a foreign country in order to sign on a ship, after paying up a hefty monetary sum. Thereafter, these agents simply vanish i.e. they severe all communications with their victims. The victims i.e. the unwary seafarers are left stranded in a foreign land.  With no one to hear their muffled screams, they are left to fend for themselves.  Therefore, before any seafarer travels abroad to join a ship, she/he should have verified documents and she/he must be in contact with her/his employer.

 

Simple Precautionary Measures – Our safety lies in our hands and nobody apart from us is responsible for our well-being.  Therefore, in this age of technology and pragmatism, it is only right for us to use technology in order to ensure our safety. Hence, seafarers may take the following steps to ensure their safety and well-being at sea:

  • Before any seafarer physically gets on-board a ship, she/he must ensure that her/his family members must have a copy of his official documents i.e. Seafarer Employment Agreement, Continuous Discharge Certificate (CDC), Certificate of Competency (COC), Passport (with Visa), copies of all STCW Certificates and any other requisite documents(s).
  • The seafarer and his family must have the contact details of the current employer, International Non-Governmental Organizations (NGO’s) who help seafarers in-distress, as well as that of concerned government agencies who can be contacted in an emergency.
  • Lastly, seafarers must remain in constant touch with their families through the means of social media, telephonic conversations, internet based telecommunications, etc. They should constantly update their near and dear ones about their whereabouts at-sea such as which is the next port-of-call, names and contact numbers of their seafaring colleagues, working conditions on-board the ship and share day-to-day happenings with their family members/friends.  This will allow the family members/friends (of the seafarer) to identify and act swiftly in case a crisis arises.

 

Life at-sea is quite challenging and it takes a toll on a seafarer’s psychological, emotional and physical well-being. It seems thrilling and adventure-laden only until a certain period.  Thereafter, every seafarer yearns for a certain amount of emotional and physical security, whether it is out at-sea or on-land.  The seafaring life certainly is not for the faint hearted and hence, seafarers should be commended for carrying out their job.  While the world trade moves on the shoulders of the international seafaring fraternity, it is our responsibility to care for the welfare and happiness of our seafarers.

 

Marex Media

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