On February 9 in Odessa the presentation of the national collective agreement and the Ukrainian national platform of maritime labor unions took place. The initiators of the meeting were: Maxim Slyusarevsky, the chairman of the Federation of maritime labor unions of Ukraine; Boris Babin, an inspector of the Ukrainian independent maritime labor union and Oleg Chechelnitsky, a secretary general of the Federation of trade unions of workers of water transport and fleet personnel of Ukraine.
In an opening speech trade union representatives presented their organizations. The Federation of maritime labor unions of Ukraine has the All-Ukrainian industry status, representing both seamen, and dockers (the port of Odessa, port Youzhny and port Oktyabrsk). The organization has existed for 25 years. The Ukrainian independent maritime labor union has existed since 2010 and unites the seamen working both under the flag of Ukraine and under foreign flags, namely 4000 Ukrainian seamen, and also has the All-Ukrainian status. The Federation of trade unions of workers of water transport and fleet personnel of Ukraine has existed since 2000. It unites transport All-Ukrainian labor union, the Odessa highest professional school of maritime tourist service, nautical school named after O. I. Marinesko and about 5000 seamen.
“We have arrived at a decision to create the platform long ago in order it is possible to protect seamen really qualitatively and to be a reliable social partner for shipowners. This platform is open. We act as initiators, but it doesn’t mean that other labor unions can’t join this platform. The only requirement is the maritime labor union should be engaged in real activities, we don’t say that it should be only large labor unions of the All-Ukrainian status; it can be any labor unions. When we started to study the question, it turned out that there were more than 30 similar organizations in Ukraine. The most part of them are the organizations existing on paper. It is very difficult situation in the market now, it is also necessary to do something jointly in order that our Ukrainian seamen don’t lose workplaces in comparison with seamen from Philippines and from India”, – Maxim Slyusarevsky noted.
“Unfortunately, the situation in the maritime industry has changed over the past few years, the MLC Convention has come into force, but Ukraine didn’t join this Convention. The terms which had been delivered for itself by the Ukrainian government has been broken. We see that there have been no initiatives in this sphere since the beginning of this year, the only who continues to speak about it are the labor unions which are presented here. Therefore labor unions should realize accurately how they can really protect the seaman’s rights, being guided by the main principle “don’t do much harm”. But all of us understand perfectly that our main objective is high-quality employment of seamen as a social partner and as a party of the tripartite dialogue. As if the seaman isn’t employed and stays at home, and someone tells us that there are some abstract global standards of his payment and protection of his rights in the world, it doesn’t suit us very much”, – Boris Babin declared.
The trade union representatives declared that they had an idea to unite and create a national collective agreement. The purpose is dictated by the fact that because of a set of different proformas of collective agreements a shipowner wants to see something unified and something clear. The second basis for decision making about creation of the Platform is the fact that Ukraine actively loses line on ratings as shipowners can’t pay the salary in the amount of $1800 and $1600 for the objective reasons now. Preference is respectively given to other nationalities. The main distinctive feature of the represented collective agreement is that it is framework that is any single standard isn’t established. This collective agreement can be taken as a basis, it doesn’t worsen seamen’s position in comparison with the Ukrainian legislation, it corresponds to the MLC Convention, and the scale in this agreement conforms to requirements of the ILO Convention. Why did we take an ILO scale? We used it as conventional and minimum admissible in order that the bigger number of the Ukrainian seamen could receive workplaces”, – M. Slyusarevsky noted.
According to Oleg Chechelnitsky, it brewed long ago, especially in the light of the last All-Ukrainian meeting of the crewing agencies where the decision on creation of National maritime chamber had been made. The second moment is the initiative of the Ukrainian parliament of legislative involvement of foreign shipowners under the Ukrainian flag. The trade union representatives hoped that this collective agreement would help during creation of some optimum conditions in Ukraine.
The labor unions consolidation initiative was supported by the Association “All-Ukrainian Unity of the Crewing Companies”. Captain Vyacheslav Kislovsky the chairman of AUCC sent an address in which he called for merging of all maritime community of Ukraine: representatives of business, the crewing companies, educational institutions and the training centers, shipowners, labor unions, profile public organizations for one single purpose to create and ensure the development of a domestic maritime industry. AUCC association declares openly the purposes and readiness for cooperation with maritime professionals who aren’t indifferent to the destiny of the industry and destiny of the seamen.
Ruslan Bundyuk, the director of MSC Crewing Services, added the following: “Reduction of salaries to the level of competitive will really promote the increasing in demand for the Ukrainian ratings. An important factor is that the Philippine ratings work approximately for for 9-11 months the same salary, it is the standard contract for them whereas the Ukrainian seamen work 6-7 months. And these distinctions make a big pecuniary benefit for the shipowner.
I have a question to the organizers of the platform: many Scandinavian countries boycott servicing of vessels if there is no collective agreement with ITF. How do you see the solution of this question for the companies which will sign the agreement with you and whose vessels work in this region?”
“This question is difficult, there should be a strategy of comprehensive combination of efforts. If we say that there is a collective agreement on the vessel, there are seamen, members of non-affiliated ITF labor union and if they declare to the ITF inspector in Norway that the help from ITF isn’t necessary and that they have a labor union, the collective agreement and in time paid salary, then in such situation the action for detention of the vessel become illegal. I can’t give 100% guarantee that such illegal actions won’t happen. In such situation, we will support seamen and a line of the shipowner. We will write letters to the government and law enforcement agencies. If such situation takes place, full support, both from labor unions, the shipowner, and the crewing companies is necessary to put pressure upon the authorities of that country where it happens and to explain that there are seamen who are members of other labor union. To force seamen to join other trade union and to pay fees is just a robbery”, – M. Slyusarevsky answered.
The Platform expects support of the government. According to Oleg Chechelnitsky, there are organizations and some people who will oppose to this movement owing to certain circumstances. Having secured with support of the government, the Platform would have more chances to adhere accurately to those principles which they have declared at the meeting.
Vladislav Surkov, the chief executive of the Univis Crewing Agency added: “It is the time to support national interests of seamen, but not mythical rates and improvement of employment terms. Therefore the question of rates scale reduction has attracted our attention and we showed the willingness to participate in this forum. The rates which are declared by ITF are suitable for the Norwegians, Swedes and other seamen of other nationalities where rates initially high, i.e. there can be $3000 and more. Can we declare such rates for our seaman? Of course, we can’t. We liked a line of the labor unions which says that it is a business approach aimed at employment of seamen and that labor unions are ready to work. Because the employment of seamen is a consequence of that work which is made also by labor unions. To provide this employment, it is necessary to work with all structures which are involved in this process, i.e. with crew agencies. Some labor unions initially chose for themselves a line that they in opposition and they criticize often declaring groundless that there is racket in crew agencies. Today seamen get jobs only through crew agencies. Therefore it is necessary to join in the problem resolution of crew agencies as, for example, now when we experience difficulties with issue of documents according to the Manila amendments. If the platform manages to approve reduced rates at the level of ITF and to become the affiliated member of ITF, then it will be easier to convince the shipowner to sign the contract with the platform. It is necessary to create an employee group which will meet shipowners and visit associations of foreign shipowners, and also to take them in Ukraine. For example, the Association of the Norwegian shipowners has recently come to Ukraine, and they met with MTWTU. It is necessary to meet and tell that not only the contract with ITF represents the interests of seamen and provides protection against detentions of ships. There are also other associations, such as this Ukrainian platform, the contract with whom corresponds completely to the national legal system and international law owing to what they shouldn’t be afraid to sign the contract with your organization. I think that members of AUCC will support such work comprehensively “.
Elena Bespalova, the director of the Univis Crewing Agency added: “Our Central labor unions (MTWTU) have been members of ITF for very long time; they have very good relations with them. And if you don’t improve such relations with ITF, it will be very difficult for you to convince shipowners to sign contracts with you and on your conditions. We need the energetic representative who would find these approaches. It will be hard”.
“If there are at least two labor unions affiliated with ITF in Ukraine, it will provide a healthy competition which will force to work all labor unions which want to exist and advance interests of our seamen”, the chief executive of Univis summed up.
In his comment, Boris Babin noted that trade union representatives already visit the relevant organizations, and these activities will only spread. Concerning an appeal of the director of the Univis Crewing Agency Elena Bespalova to establish close ties with ITF, Boris Babin noted that if there is a legal mechanism and force of the international regulations, no personal relations will be required. “I am not against the platform to be included into ITF, but I am sure that it will enter only from a position of a strong one, but not an interceder. It will enter there after we prove our place and our opportunities”, –he summed up.
“For decision making, we need to see that we will get a product which is not worse, without risks. Now we have no risks, we have lowered payments affiliated by ITF, AB earns 1300$”, – R. Bundyuk declared.
Sergey Maslov, the director of Columbia Shipmanagement Ukraine and the director of the Association “Ukrainian Maritime Union”, noted that the problem is that the market is absolutely transparent, the only thing is not transparent are the relations of labor unions with shipowners and seamen. If you construct the work in such a way that and you will be clear and transparent for everyone, we will have success”.
There were also representatives of local government at the meeting who declared determination for full cooperation with the labor unions.
The question of the MLC Convention ratification by Ukraine was the second item on the agenda. Since 2010 Ukrainian maritime labor unions had actively required the ratification, the situation has considerably changed after entry into force of the Convention, and became general “rules of the game” for all civilized countries for today. The question of practicability of joining of Ukraine to MLC, according to B. Babin, isn’t necessary in general. “All of us understand, the more we will delay this moment, the worse situation will be for the Ukrainian seamen, shipowners and for crew agencies because they should prove constantly that they are conventional. Experience of many countries ratifying the Convention says to us that it is rather simple to ratify it and to do nothing within the country. It is clear, that it is necessary to change the domestic legislation, it is necessary to protect the seaman’s rights, but why we aren’t able to do it, we can’t join the Convention for many years. The bills of ratification have been proceeded and wandering for 3 years in a labyrinth of offices since 2014 thanks to pressure of labor unions. The plan of legislative reforms of the Verkhovna Rada included the necessity of ratification of MLC, and it was termed by January 1, 2017 thanks to pressure of presented maritime labor unions. For this moment the bill should have been addressed to the Verkhovna Rada, but the bill hasn’t appeared even in the Cabinet of Ministers. What can be done in this situation? Many mechanisms of legal dialogue reach a deadlock. Today the Public council of the public service of Ukraine on Transport Safety is the body responsible for all questions of a marine complex and for preparation of these bills. We have raised a point about MLC constantly since summer 2016 on this public council. It led to the fact that there is no council meeting any more. Having secured with support of public structures, including this national platform, we will put a question of necessity of immediate joining of Ukraine to the Convention and current 2017 is the most key task as all technical problems were solved in 2014, and all documents are more or less ready”.
“The measure of how to treat this or that question in the government is measured by the amounts which arrive to the budget. There is no such amount. Therefore labor unions need to put a question of determination of minimum amounts of taxes for payment for the seamen. If seamen pay adequate taxes it will be an incentive for the government to pay attention to the sphere of employment of seamen and will provide support of the government, and also will allow the seaman to legalize the income that is very important for the seaman”, V. Surkov noted.
Boris Babin objected that the Ukrainian seaman pays a set of taxes on the Ukrainian territory, among other there are commissions, VAT and excises. The problem is that there is no opportunity to offer the mechanism of the taxation of seamen.
“Yes, it so, but our sphere remains invisible to the government therefore when we ask for help we are asked: And who are the seamen? We realized in practice that moment when it is necessary to make decisions and to cooperate with the government has come because then the government will be obliged to react”, V. Surkov concluded.
In conclusion of the meeting Maxim Slyusarevky thanked all attendees for active participation and hoped for effective cooperation.
