Sad state of affairs!

[scopio]

The usual abandonment of seamen when their employers go into liquidation!
We are in the twenty-first century and seamen still being treated as if it was the eighteenth century.

http://www.chronicle.gi/headlines_details.php?id=30277

[Dave Forbes]

What's the international maritime law on shipping company insolvencies?
Were the ships impounded?
Do the crews have to stay with their ships?
Is there a fund to help out stranded crews?

[brimar]

 Certainly in most of British Ports there are a group known as 'Apostleships of the Sea' where they do ship visits and help seafarers from across the world,regardless of belief,nationality or rank in cases like this. This I understand is extended to around 300 ports around the world which is linked to 'The Stella Maris' organisation. To my understanding they help out in this sort of situation with the supply of food,clothes and mobil phone 'top ups' . .A good service and all are volenteers. 

[Oldkayaker]

Sounds like the crews on these insolvent ships need a better union representation.  A good union would have those crews off the insolvent ship or have funds provided for them.

[Jean Hemond]

  On any ship entering national waters insurances to cover for crew strandings and flights back should be mandatory just like oil pollution coverage in most countries.

[Captain Ted]

The International seamans clubs are in a lot cases a blessing and personally I keep those people, which almost all taking there free time to attend to sailors needs. It is as simple as for example in US terminals that sailor can go ashore but not going through the terminal. Therefore they need a so called TWIC card... this card however is not issued to foreign sailors. So going ashore you have to hire a service/taxi where for example the driver has a TWIC card.. this costs extra. Seaman clubs providing this usually for free or for a fee which is really low,,like 5 dollars or so, (companies charging 50-80$)  I know for example the seamans club in Brunswick US offers free phone/internet service. Transport to and fore to shopping centers free or very cheap.
In one sentence those guys doing generally a good job.
ITF = International Transportion Federation are in my personal opinion selfserving associations. They consider any Capt as there enemy because the capt is the representative of the company aboard and therefore he must be a bad person. The moment I see and hear ITF my face is getting red because my blood pressure rises like a rocket.
The IMO does absolutely nothing about such cases, they are more concerned with the sizes of our trash cans,,very important issues.
There are no international binding agreements for such cases. That,s the reason why there are 2nd and 3rd world registries.
Thankfully ,however,, most companies, including the one for which I work are god companies and getting of course often thrown into the same pot. Not nice for them.

[chrisg46]

Crew welfare should be the concern of the state/authority where the ship is either arrested or abandoned. The port involved would normally have a prior claim to the cost of their berth or supplied services, against the value of the vessel, and crew's living or repatriation costs could simply be added to this - but it would, I suspect, mean that a legal change might be essential.

However, in EC countries it shouldn't be too difficult to enforce this - from what posters have said, looks like one sufficiently strong-willed human rights lawyer could do the job, as crew's human rights sound as if they are being seriously infringed upon vessels detained. The crew members concerned shouldn't be treated this badly in civilised countries, and while the charitable organisations which do their best to help are to be much praised, the countries and ports in which they are abandoned should do much more.

If you know of, or hear of, similar cases in the UK or European countries, where charities have proved the only support or where they have been unable to assist, I'd very much like to do a story about this on Shipping TV, so please get in touch.

[Captain Ted]

A kind of insurance could be also in a bond,,where the salaries are kept paid when such things occur.
the idea with a bond before entering port is not bad therefore, and I am convinced that it could work, but the implementation of such things take years.
Question however would be,,who pays such insurance.

[chrisg46]

Ted, isn't it right that arrested or abandoned-in-port vessels harbours dues and berthing charges to the place where they are stopped have to be paid before the vessel is released? Could crew costs be paid out by that authority and added to the bill before the ship is ultimately released/scrapped/sold or whatever happens after the owner's business is liquidated?

Seems much simpler to have a straightforward change to the rules/law than to try and get the most cheapskate owners to pay some form of insurance premium, which they'd want to get out of anyway . .

[davidships]

There are usually two crew issues when shipowners go into liquidation (whether intentionally or otherwise) or just abandon a vessel in port: arrears of wages and ongoing living/repatriation costs.  My understanding is that crews are sometimes reluctant to leave a ship where then are wages arrears as they can exercise a lien on the ship (alongside the port authority) is the ship is sold - though I don't know which gets priority.

So I am not sure whether making a port responsible for the ongoing costs and repatriation would necessarily be in the crew's interests if that meant that the port put pressure on them to leave the ship.  But I do agree that it is better for someone to make the necessary arrangements, and to create a corresponding debt against the ship.

I am sure that I recall that there have been cases of abandoned crews in the UK, and think I have read about one or two in the last few years.  Going back some time, there was the crew of the Nigerian National Shipping Line ship at Tilbuy when NNSL went belly-up.

[chrisg46]

Although some people seem to be saying you can't do anything, I'm not so convinced.

I am convinced, however, that if ship were left in this situation in the UK from our viewpoint, or in the EU generally, a good PR campaign from people like us could make a few politicians sit up and take notice, particularly MEPs.

Have to do a little research, and keep the ears open!

[BarrySmith]

From Tradewinds today:
Seavoss fleet for sale
Struggling German owner Seavoss Schiffahrt has put its fleet of four general cargoships on the market to clear debts.

[Captain Ted]

I really don,t know what the legal procedure is
I was once in a situation like that in 1978 and the bank came to the ship and paid all outstanding salaries and travel costs. Then they sold off the vessel. If the crew places a lien against the vessel, with the help of the seaman clubs/and/or lawyer, nobody could/would buy the ship unless that lien is cleared. Nobody in his right mind would buy a ship which has a lien on it. Question is, how much the ship is worth on todays market and how much the harbor dues/fees are outstanding and salaries, does that go already over a certain value then nobody will touch the ship anymore. Whoms lien,,the port or crews comes first,, I really do not know. To my knowledge there is nothing in written on that,, however I might wrong on that

[Oldkayaker]

Wow, interesting topic.  I didn't know there was soooo... much uncertainty and inconsistency in how ship insolvencies are routinely handled especially as it concerns the crew on board the impounded ship.