I decided to derogate a little bit from the compensation due to injury topic and to write an article on the return of money from the crewing companies, illigal mediators.
If to take the matter seriously, you can see that 90% of all Ukrainian seafarers paid money for their employment at least once in their lives. Many people pay all their life long for the employment, and many sometimes overpay for the opportunity to go to the sea right here and right now.
Moreover, for the opportunity to go to the sea for the first time as a cadet without due wages, the seafarers are prepared to pay several thousand dollars.
In no case I’m going to judge whether it is good or bad, however, if the seafarers are ready to pay for the employment, the present situation will go on and on.
It’s important for the service to have been paid, to be duly done, but unfortunately it’s not always so.
In my practice there were cases, when the seafarers paid money to the mediators and signed contracts with inexistent companies to the inexistent or arrested vessels. And afterwards, in the search for justice, they attempted to return their money, but failed.
So, how it should be paid and how shoul the money be returned.
If you are being employed by the authorised crewing and pay money for the employment:
- The payment for services should be made officially on the basis of the agreement obtaining the receipt. In the agreement it should be obligatory given full information on the services to be paid as well as the conditions for the returning the money in the case of unaccomplished services.
- In the case if you had paid for the service on the employment but were not employed, and moreover you were refused in giving money back, the case should be decided in the court. Having all the documents on you, it’s possible to return all the sum easily, including the trial and juridical aid expenses.
If you are being employed through illegal mediator:
- It’s important to know, that illegal mediators neither conduct their payments legally nor conclude any agreements.
- If you still decided to use their services it’s necessary to give money in presence of witnesses and it’s better to do against signed receipt. Besides, you should have all the data concerning the person you give money to.
- In the case if after payment you haven’t been employed in appropriate terms, the only way to return money it will be submitting the application to the law enforcement bodies on the fact of fraud.
However, despite everything written here, the seafarers extremely rare succeed in returning their money back. It’s very sad, but the fact is that our law enforcement system never hastes to investigate the cases on the article ” Fraud”.
Therefore, everything is in your hands, so, the more information you have, the more chances you have to protect your rights.