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[Mamola Serenity- resolved]

IMO9562647


Abandonment ID: 00270
Nombre del buque:[Mamola Serenity- resolved]
Bandera:Marshall, Islas
No. OMI:9562647
Puerto de abandono:CONGO
Fecha de abandono:10 Marzo 2017
Fecha de notificación:16 Marzo 2017
Reporting Member Govt. or Org.:Fed. Int. de los Trabajadores del Trasporte (ITF)
No. de marinos:19
Nacionalidades:Congo(7); Francia(1); Marruecos(4); Portugal(1); Rumania(5); Togo(1)
Circunstancias:ROMANIAN CREW WAGES NOT BEEN PAID FROM 3 MONTHS, FINISHED THEIR EMPLOYMENT AGREEMENT AND NOT REPATRIATED
Acciones tomadas:Other
NOTIFIED P&I GARD FOR ABANDONMENT
Estado de la repatriación:Repatriation pending
pending
Estado del pago:Payment Pending
pending
Comentarios y observaciones:Fed. Int. de los Trabajadores del Trasporte (ITF) (23 Mayo 2017)
Pending update from flag state


Marshall, Islas (12 Julio 2017)
MAMOLA SERENITY (IMO Number 9562647) and MAMOLA CHAMPION (IMO Number 9511492): These were not cases of abandonment, but of the manning agency, GESMAR, absconding with monies provided by the vessel manager, PROMAR OFFSHORE, allocated to pay the Romanian officers. PROMAR OFFSHORE, a victim of theft themselves, took full responsibility and paid and repatriated the seafarers. The Administrator officially closed these cases on 25 April 2017. It is our understanding that the ITF and PROMAR are currently working to recover the funds from GESMAR through legal means.

Fed. Int. de los Trabajadores del Trasporte (ITF) (17 Julio 2017)
From: Katie Higginbottom [mailto:Higginbottom_Katie@itf.org.uk]
Sent: lundi 17 juillet 2017 10:53
To: Noh, Jinhak
Cc: Jan de Boer (JDeBoer@imo.org) ; Natalie Shaw (natalie.shaw@ics-shipping.org) ; Adrian Mihalcioiu ; Dorota Lost (DLost@imo.org)
Subject: RE: request from Marshal Islands on updating database

Dear Jinhak
Further to the communication from the flag state, I have again been in touch with our inspector and can confirm the following:
During the period the seafarers were on board, (this year only) Promar and Gesmar were in litigation from December 2016, Promar never sent money to Gesmar during 2017. There were clear cases on both vessels with wages unpaid from 3-4 months, employment agreement terminated, P&I insurer and Flag State Administration notified, cases clear of abandonment in line with the MLC. One of the seafarers (Cercel Emanoil Cristian) waiting on board to be paid and then repatriated, was only partially paid (less one month and a few days) and sent home by force using Port Authority Police. Now there are from Promar about 11 seafarers repatriated but with unpaid wages of 1-3 months. Gesmar has said that they worked on board of Promar Shipping vessels therefore Promar must pay, Promar has said that they are going to Court against Gesmar. The ITF Inspector in Romania has received a letter from the insurer of Gesmar (Gesmar had an insurance in case of abandonment and unpaid wages in Romania) stating that the 11 seafarers are not in the annex of the insurance, so they cannot pay any compensation. It is not correct to say that ITF is working together with Promar to recover the funds from Gesmar. It is understood that the Marshall Islands Flag Administration has recognized that wages have not been paid in full for at least 4 seafarers from both vessels – amounting to some 55.000 -60.000 euro, - a significant amount for the seafarers.
In total, there is more than 150,000 Euros outstanding to be recovered from Promar in respect of seafarers working across all Promar ships.
Best, Katie


Fed. Int. de los Trabajadores del Trasporte (ITF) (16 Agosto 2017)
I would suggest that these cases be designated ‘disputed’ since there are no outstanding repatriation issues but full wages have yet to be recovered.
Best, Katie


Otro (30 Abril 2018)
International Registries (U.K.) Limited:
The Legal Manager of Promar Shipping Services S.A. has advised that:

- The individual cases concerning the complaints of Romanian crew members from Gesmar (the Romanian crewing agent that absconded with the wages) have been addressed and closed by Promar for almost one year.
- Some of these seafarers are currently serving onboard the Promar vessels and are now on the direct payroll of the company. The others were paid and repatriated.
- Promar remains in litigation with Gesmar.


Fed. Int. de los Trabajadores del Trasporte (ITF) (22 Mayo 2018)
From: Katie Higginbottom [mailto:Higginbottom_Katie@itf.org.uk]
Sent: mardi 22 mai 2018 17:31
To: Noh, Jinhak ; Samkange, Ruvarashe
Cc: Jan de Boer (JDeBoer@imo.org) ; Natalie Shaw (natalie.shaw@ics-shipping.org)
Subject: FW: Mamola Champion and Mamola Serenity

Dear Jinhak
Following up on the rather complicated situation with the Mamola vessels. I understand that the majority of seafarers were paid by Gesmar. There is an outstanding issue of partial payment of the seafarer from Mamola Serenity who was forced off the vessel and there seems to be an outstanding sick pay claim. That said, these seem to be rather individual issues and I would not object to the cases being considered resolved.
Best, Katie


 
Entered: Miércoles - 2 Mayo 2018 09:50:24
Última actualización: Miércoles - 23 Mayo 2018 09:13:30
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