But there are standard conditions of collective agreements approved by the ITF. Their essence boils down to the fact that every family of a seafarer who lost a breadwinner during a voyage is entitled to monetary compensation in the amount of 90,882 conventional units. Minor children are compensated separately – each child whose father died at sea (regardless of the cause) is entitled to 18,176 conventional units.
However, doubts arise regarding the applicability of the terms of collective agreements in practice. The reason is their inconsistency with the harsh reality faced by the families of seafarers and the circumstances under which they die. The fact is that a Ukrainian family cannot always defend the right to compensation. Even if the result of a voyage on a foreign vessel was the death of their breadwinner.
It is quite problematic to obtain compensation for the death of a breadwinner if the cause of death was a suicidal act. In such a case, at first glance, there is no one to blame, and it is very difficult to prove a causal link between suicide and an occupational factor. Ukrainian families are denied payments if alcohol was found in the blood of their breadwinners. Not to mention the death of a seafarer in a drunken brawl. In this case, it is regarded as a double violation of safety and discipline – alcohol consumption on board and an unlawful act.
Do not think that this is a complete list of reasons that the employer uses as a basis for refusing to pay compensation. Often, the employer or P&I deliberately looks for a reason to refuse payment in order to relieve itself of financial responsibility to the families of deceased Ukrainians. Especially when it comes to little-known shipowners – owners of a single vessel in the conditions of an economic crisis. The reason for non-payment is the lack of copies of employment contracts among the family members of the deceased seafarer.
Often, facts are manipulated. Out of nowhere, evidence of heavy drinking on board appears. Even if the seafarer died of natural causes or as a result of an occupational factor. Sometimes compensation for the loss of a breadwinner is refused due to the lack of an official document on the cause of death. It happens that the cost of transporting and burying the deceased seafarer is passed off as 'compensation'. This does not apply to large shipping companies, which find it easier to pay money than to spoil their image.
One must also consider the degree of awareness among Ukrainian seafarers' families about their rights. It happens that the relatives of deceased seafarers did not even know about the right to compensation for the loss of a breadwinner. And among shipowning firms, there is an unwritten rule: no claims – no compensation. As well as no information about the actual amount that the families of the deceased can count on.
It should also be taken into account that not all Ukrainians who go on voyages on ships under foreign flags are covered by the compensation conditions set out in the ITF collective agreements, whose standards and amounts are given in this article. In most cases, the amounts of payments under a regular employment contract do not exceed 40,000 conventional units. And even then, Ukrainian seafarers themselves can receive them in case of injury while performing their duties on board. Compensation for the family in the event of a seafarer's natural death is not provided. Incidentally, some Turkish shipowning firms value seafarers' lives at no more than 10,000 conventional units. Especially since not all contracts specify the amount of compensation.
Sometimes Ukrainian seafarers sign contracts that are substandard in nature. In this case, they sign up for 'gruel' without social guarantees for decent working conditions and fair compensation. And what can be said about a firm whose vessel sails under the flag of an offshore state and sinks as a result of a shipwreck, causing Ukrainian seafarers to suffer physical harm or die? Such a shipowning firm effectively closes down, and the promised compensation amount remains on paper only.
Now about the amount of payments under the standards of the ITF collective agreements. Despite the fact that the compensation amount of 90,882 conventional units is considered substantial for many Ukrainian families, it is actually a 'buyout' for waiving claims against the company. According to the national legislation of many European countries where shipowners and insurance companies are registered, the families of deceased Ukrainian seafarers can count on an amount of several hundred thousand euros. However, without even knowing this, they readily agree to less money, acting on the principle of 'a bird in the hand is worth two in the bush'.
An example of this paradox is the announced payment to the families of the deceased seafarers of the ill-fated vessel Volgobalt 199. Although in the case of the vessel Baltic Ace, the family of a deceased seafarer, according to information from my colleagues – European lawyers – is entitled to receive monetary compensation from the guilty party in the amount of 400-500 thousand euros. And that is subject to reaching a compromise.
But on what basis can the families of Ukrainian seafarers defend the right to compensation for the death of their breadwinners? According to ILO Convention No. 70 concerning Social Security for Seafarers, in the event of the death of a seafarer, his dependents are entitled to cash benefits equivalent in amount and duration to those enjoyed by industrial workers. Seafarers' dependents are entitled to such benefits at rates corresponding to their needs. Also, in accordance with ILO Convention No. 55 concerning the Liability of the Shipowner in case of Sickness, Injury or Death of Seamen (although Ukraine is not a party to this convention), the shipowner is obliged to cover the costs of transporting the body and its burial.
Nevertheless, these are not all the necessary Conventions that protect the right of sailors' families to compensation. Ukraine has also not yet ratified the Consolidated Convention on Maritime Labor, which provides for the application of national law norms in the absence of similar ones in the Convention. This concerns the right to compensation for the death of a breadwinner. However, the application of these conventions depends on the circumstances of the sailor's death or the specifics of the contract concluded.
Each case is individual. Therefore, the amounts of compensation may vary. In any case, there are sufficient grounds and international legal norms that provide the families of Ukrainian sailors with compensation for the death of a breadwinner. This means that family members of sailors who died in 2012 have the full right to compensation of at least 5 million cu. Well, whether they received it or not is a question for employers, lawyers, and the families themselves, who must know their rights.
Nikolay GOLBIN,
expert of the Universal Assistance project
member of the international organization PEOPIL.