Cyprus-Forum.com

[YFred]

Destitute after Paphos ordeal
By Stefanos Evripidou

EIGHT foreign seamen were paid between €120 and €137 each a month for a total of eight months work without any leave at a Paphos Shipping company.

The eight claim they worked the first six months without a single day off, working on average 11 to 16 hours a day and were paid between €950 and €1100 each for the total of eight months they worked. Their employer rejects the allegations.

Since January 12, the eight Asian crewmen have been living without any allowance in a small basement in Nicosia, awaiting the money they claim is owed to them by their employers.

Despite being informed of their alleged poor working conditions and pay, the Merchant Shipping Department branded them “escapees” while immigration officials reportedly tried to harass and intimidate them, going so far as to arrest the eight.

The eight workers contacted the Cyprus Mail after spending four months trying to get their employer, Masouras Shipping Co Ltd, to pay what they claim they are due. The case is currently before the Supreme Court.

Their version of the story shines an unwelcome spotlight on the merchant shipping sector, the huge scope for exploitation of foreign workers and the evident inability of the relevant government departments to monitor it.

The eight came to Cyprus on May 8, 2008. Before arriving, they signed a contract with the shipping company through its agent in their home country, stipulating payment of US$300 a month for 44 hours a week work plus the “standard” 92 hours non-paid overtime a month. For every hour worked over and above the 92 hours overtime, they would receive $1 per hour.

However, according to their lawyer, Yiannakis Erotocritou, a second contract was signed on May 25, 2008, giving the crewmen a net monthly income of €512 a month for 40 hours work a week, including board, food, full medical and repatriation costs, to be given even if the contract was broken. The contract was signed by the workers and the company, and stamped by the Merchant Shipping Department.

Erotocritou argued that the employers had to sign the second contract by law as this was the minimum wage for seamen set by the authorities.

The lawyer acting on behalf of the Masouras company questions the validity of the second contract, implying that the first contract, offering $300 a month is the valid one.

The eight seamen claim they were asked to sign the second contract (in Greek) after being told that it was an application for their visas.

The Mail looked at the wage slips for the eight that had been submitted as evidence in court, and found that for the first four months, they got between €72.50 and €112.50 each person for each month.

The first contract provides that the workers will only get half their salary in the first four months, while the remainder will be given at the end of the contract. No reason is given for this arrangement.

The next logical conclusion is that their full salary for each of those first four months was between €145 and €225, way below the minimum €512. For the next three months, the eight were paid between €195 and €225 per month. On some months they were given €50 or €100 bonuses, possibly for good work or overtime. They have not been paid for the eighth month.

Asked to explain why the majority got salaries between €72.50 and €112.50 in their first few months of employment, company director, Andreas Masouras, said the shocking figures simply reflected pocket money given to the crew. He said the crew had asked him to keep the remainder until the end of the year so they could take it back to their country. He also maintained that their salaries were €513 a month, which he was willing to pay until the eight broke the contract by abandoning work in January.

Masouras further argued that the eight worked normal hours, and only when the ships were out at sea which was anywhere between 30 and 158 hours a month. The rest of the time they were free to do what they pleased within reason. All eight worked on the ships, he added.

Asked if he thought €513 was enough of a salary he said: “You show me one Cypriot who takes home this after paying rent, food and bills”.

Waiting in limbo

THE EIGHT crewmen have been staying in a small basement at Joseph the Migrant Social Centre in Nicosia, sleeping together on four mattresses. According to their lawyer Erotokritou, they cannot apply for welfare benefits because their social insurance contributions were not paid.

Speaking through an interpreter yesterday they disagreed with Masouras’ claims in no uncertain terms.

They rejected the notion that they had asked him to look after their money, and further argued that they were working seven days a week between 11 and 16 hours a day for the first six months. They got their first Sunday off in November 2008, and never got holiday leave, apart from national holidays. They also claim that during the summer months they were only given one meal a day and often had to go out and buy their own food. There was one shower for all eight, but access to the shower was limited as it was on one boat only. Most had to do with a quick superficial wash on the harbour.

One crewman broke his wrist in November and had to have it put in a plaster. He told the Mail that he received medical treatment 48 hours after the workplace accident. He was off work for a month, where he had to cook and look after himself, after which he went back to work, with his arm still in plaster.

Two of the eight reportedly lived offshore, in one of the houses of the owners. One was a chef for the ships and the other a “houseboy” doing the washing and ironing for two houses.

Despite getting between €77.50 and €225 on average a month, the workers continued working on the six entertainment cruise ships until January 12 this year. According to the eight, on January 9, the employers informed them that two of the original ten that had arrived last May would have to leave the island. Three days later, the ten approached the employers and said they refused to work until their December wages had been paid.

According to the eight, the workers were then locked in the company offices and harassed to sign a contract they could not read. Their employer also threatened to charge them $150 for refusing to work, they said.

The eight noted that an immigration official was also present in the office, and advised them to look kindly on the employer’s position given the current financial crisis.

The eight said they subsequently left the offices and were driven to CyTA park in Paphos. They claim they were told to leave. Their employers say they abandoned work.

Erotokritou then informed the Merchant Shipping Department (MSD), the Labour Office and Immigration of the labour dispute on January 15. Despite that letter, the MSD claimed on February 18 they had not been informed of their plight, and accused the eight of being “escapees” and of working illegally with another employer.

On March 13, they were arrested by Nicosia immigration police for being “illegals”. According to the workers, the officers passed on a message from the employer that he would give €1,500 to each plus a ticket home if they settled the case. They declined and were released later that day. They now wait for the court case to continue or else the company to reach agreement on the payments outstanding.
Copyright © Cyprus Mail 2009

[miltiades]

Hung them up high to dry !!!
All in the merchant shipping dept !!

[YFred]

Merchant Bankers hey?

[miltiades]

Fred , no decent Cypriot would fail to condemn outright any violation of human rights , any illegal actions taken by either the authorities , a company or an individual. The fact that the offending party is G/C or T/C is unimportant , what is important is that the law is respected and human rights are protected.