Allotment transfer reminder
Last attempt of normal communications with Owner during money request with little extended pressure.
To Master of the m/v “Wonderful”
From Chief Officer
Allotment transfer reminder
Dear Sir, this is to inform you that on 22 January 2012 will be eight months of my service onboard. Due to forthcoming completion of service period, I have to remind that on 20 December 2011 I hand over to you a written request in order to draw attention to delays of my salary payment. It was requested to arrange transfer of all my balance for year 2011 prior to completion of contract, not later than 22 January 2012. The balance for 31 December 2011 is 15185 USD.
I intentionally gave one month term realizing that it could be not convenient for Owner to arrange transfer before or right after the New Year holidays. I am not well familiar with present financial situation of company and in Greece in general, that is why during all period of service I patiently tried to understand all previous delays and reducing of amounts of allotments. Moreover, I did not made any attempts of complain during routine visits of ITF inspectors in France (October 2011) and Croatia (November 2011). Unfortunately, in spite of periodical requests, this brought to significant delay of salary payment: for the present day my balance is 16251 USD, and makes up total of four months earnings, i.e. half of service period.
As far as it is remaining only 14 days before 22 January 2012, I kindly ask to perform the following:
- Master to sign and stamp attached copy as a proof of receipt.
- Familiarize Owner with content of this reminder.
- Arrange allotment transfer prior to 22 January 2012. Due to private reasons, I ask to transfer my balance on two different hank accounts. Transfer amounts and bank details will be immediately given upon Master's request.
- Keep me informed about further progress of situation and prospects of signing off. If the problem will be not solved positively and in due time, I have intention on 22 January 2012 to terminate contract from my side and to seek assistance of competent authorities. To my idea Owner's option "eight plus/minus one month" will be not applicable as other party will be considered as not following terms and conditions of contract of employment. Hereafter are some extracts in order to prove that my present demands and possible further actions are legal and well-grounded:
"Guidelines for port State control officers carrying out inspections
under the Maritime Labour Convention, 2006"
Regulation 2.2 - Wages (Appendix A5-III - Payment of wages) Examples of deficiencies:
- A seafarer is not paid regularly (at least monthly) and in full in accordance with the SEA or collective bargaining agreement.
- Allotments are not being paid or are not being paid in accordance with the seafarer's instructions.
Action to be taken by port State control officers when finding deficiencies or non-conformities.
Regulation 5.2 - Examples of circumstances that may require detention of the ship
- repealed cases of non-payment of wages or the non-payment of wages over a significant period or the falsification of wage accounts or the existence of more than one set of wage accounts (Standard A2.2. paragraphs 1 and 2).
There is one question arising: If it was not possible to transfer 4000 USD per month (or at least 8000 USD per two months), how will it be possible to transfer final balance of over 18000 USD in one time and during short period? Or vice versa: If it is possible to transfer 18000 USD in one time, by what reason it was not possible to do it in proper time, by smaller amounts, according to requests and in order to keep good motivation for work, without creating tension for the employee and his family?
Sincerely hope for positive settlement of current situation in order to avoid complications for both sides, successful completion of sea service and maintaining good relations with employer.