“SMEAR CAMPAIGN IS AN ATTEMPT TO DESTABILIZE THE WORKER MOVEMENT AND UNITY OF SEAFARERS,” – FSUI PRESIDENT

 LEGAL ACTION AGAINST SMEAR CAMPAIGN BY EXPELLED MEMBER

The Forward Seamen’s Union of India (FSUI) has decided to proceed legally against expelled member Mr. Manoj Yadav for unleashing a smear campaign against it. The Union, which has been taking a hard stance against the shipping industry’s attempts to erode the legal rights of seafarers, had recently become target of many malicious campaigns and false charges. It finally decided not to take things lying down as the attacks were beginning to threaten the working movement itself.

It had come to the notice of FSUI that Mr. Manoj Yadav had been communicating misleading data that were not only false but also malicious, libelous and defamatory. “We know Mr. Manoj Yadav is working at the behest of vested interests who want to weaken us. If we are out of the picture, there will be nobody to question unethical wage agreements that sell out the interests of seafarers or expose  ‘private understanding’ between ship owners and unethical trade unions,” says Mr. P. G. A. Joseph, President,FSUI.

“Based on data provided by Mr. Manoj Yadav, a section of the media has been led to believe that our General Secretary, Mr. Naresh Birwadkar is involved in some kind of scam. He has been alleging that the gratuity of seafarers have been diverted to a trust “owned” by him called ‘Offshore and Home Trade Seamen’s Welfare Trust’ (OHTSWT) instead of depositing it in the Seafarers Welfare Fund Society (SWFS). But what is skillfully omitted is that the Seafarers Welfare Fund Society – the only welfare body that exists for seafarers in India, and something that is equivalent to Provident Fund in on-shore jobs – covers only foreign going registered seamen. It does not cover seafarers working in any other sector and keeps them outside the ambit of any welfare.”

“In a bid to correct this gross omission, the ‘Offshore and Home Trade Seamen’s Welfare Trust’ (OHTSWT) was formed in 2003. Till date, every single rupee collected as gratuity is safely kept in the Trust Fund. As per norms, the accounts are audited and the report is submitted to the charity commissioner’s office every year. It is also pertinent to note that 27 seafarers have been paid their due Gratuity from the OHTSWT fund as on their superannuation, becoming medically unfit, upon death to the legal heir, etc, to utmost satisfaction. At this point, I would also like to convey that it is a matter of pride to us that we have been able to provide this huge service to Indian seafarers, or otherwise their hard earned gratuity would have lost,” explains Mr. Joseph.

“In the current socio-political climate, trade unions, ship owners, financial sector, political class and bureaucracy are all feeding off each other. In the bargain, the rights of individual seafarers are consistently getting eroded. The basic wages paid to seafarers is less than the basic wages paid to class four employees in shore-based jobs.  Allowances like dearness allowance and house rent allowances, which are paid to even contract workers in shore-based jobs are denied to seafarers. In addition to all these, in direct violation of the Merchant Shipping Act, ship owners have started employing seafarers only on contract basis through manning agents. Trade Unions that are supposed to protect interests of seafarers are seen to be signing agreements that benefit ship owners. Under such circumstances, when we stick to our core stance of protecting the rights of seafarers, we become an inconvenience to others, and they resort to all kind of underhand methods to weaken us,” adds Mr. Joseph.

“It is also pertinent to note the timing of the slur campaign. The Supreme Court is expected to come out with its judgment on the setting up of a tribunal to address the grievances of seamen. Vested interests have tried their level best to delay and subvert the formation of the Tribunal, which would have impartially reviewed the illegal wage agreement and given justice to thousands of exploited seafarers. It is in the interest of these parties to weaken us during this time and divert the attention of seafarers,” concludes Mr. Joseph.

About FSUI: Forward Seaman's Union of India (FSUI), formerly known as Forward Block was founded by NetajiSubhash Chandra Bose and was established on the 30th of May, 1954. In 1970 the constitution was amended and the outfit was then renamed FSUI. With over 32,000 members today, FSUI has been relentlessly working for seamen’s rights and has always been in the forefront to champion their cause since the last 60 years. It has branches in Mumbai, Kochi, Port Blair, and other Ports in India and has strong relationship with a number of fraternal panel trade unions in India and outside. It is an organization dedicated to safeguard and take care of the interests of the seafarers. It has also constituted the Offshore and Home Trade Seamen’s Welfare Trust (OHTSWT) that will offer a bevy of benefits and welfare measures for seamen and their families. The trust runs a hospital that provides free treatment to its members and families and is in the process of constructing an old age home that will accommodate one hundred and fifty inmates.

FINANCE MINISTRY TO EXTEND NRI BENEFITS FOR FOREIGN GOING SEAFARERS IN INDIAN WATERS ALSO

FSUI Welcomes Move By Ministry; Real Income Of Seamen Could See a Rise Of As Much As 30% 

A long pending demand of seafarers working on Indian flag ships and the merchant navy trade unions are all set to get fulfilled with the finance ministry in-principle agreeing to extend non-resident Indians (NRIs) status and the subsequent income tax benefit to the seafarers while in Indian waters as well. At present over 50,000 seafarers working on Indian flag ships do not enjoy the benefit. It is restricted only to seamen employed in ships with foreign flag.

Currently seamen employed in Indian flag vessels become eligible for NRI benefits in Income Tax only if he spends more than 183 days in foreign water. So, if a seafarer serves for 200 days in a foreign going ship that spent twenty days in the Indian water collecting cargo from, for instance, Mumbai, Mangalore and Kochi ports, the seaman would not become eligible for NRI status. The number of days served by him in Indian water will be deducted from the total number of days served on the ship, and if the tally falls short of 183 days, then he will become liable to pay full taxes.

Once the new guideline comes into effect, even the days spent in domestic water will be taken into consideration along with the days spent in foreign water. “Our former Vice President, the late Dr. M. K. Pandhe had pointed out to Dr. Pranab Mukherji, the then Finance Minister, in the pre-budget meeting of 2009 and through various other letters and petitions, that the Indian officers and seamen who are working onboard the Indian flag ship is subjected to the Income Tax Process, as taxes, whereas the officers and seamen of the Foreign flag vessels are exempted by the Indian Government,” says Mr. Naresh Birwadkar, General Secretary, Forward Seamen’s Union of India (FSUI). “With the correction of disparity, seamen employed by Indian ships could end up saving as much as 30% of the their pay.”

“Once the new directive is issued, Indian officers and seafarers will find it equally attractive to be employed by Indian vessels. Indian officers and seafarers currently prefer to work for foreign flag vessels, making a dent in the Indian Shipping Industry creating shortage of officers. Many Indian flag ships are standing without proper manning and unable to sail out as key officers are not forthcoming. The new structure will hopefully correct the imbalance,” adds Mr. Birwadkar.

Forward Seamens’ Union of India (FSUI), the largest trade union of Indian seafarers has been demanding an NRI status and review on tax structure for them. “We have been advocating with the various central government agencies for the same. Now, the finance ministry has agreed. A formal notification will be issued soon,” said FSUI’s General Secretary Naresh Birwadkar.

The new initiative comes in the wake of the Government lifting restrictions on owning foreign flag ships and enabling Indian companies to register a ship in a foreign jurisdiction, yet operate those from here. 

SEAFARERS SEEK FINAL CLOSURE TO EXPLOITATION

Union Asks Members to be prepared

Mumbai: With over ninety thousand seafarers, India is home to the second largest number of seafarers in the world – a record, according to Forward Seamen’s Union of India (FSUI), maintained by near total exploitation and violation of basic rights of seamen. In a circular issued to its members, FSUI has asked seafarers, belonging to both Indian and foreign flag ships, to be prepared for a long agitation to achieve their basic rights, which, in the recent past had been seeing consistent erosion. The circular has also asked seafarers, in an extreme eventuality, to be prepared for a strike.

“We will not call for a strike, except as the last resort,” clarifies Mr. Naresh Birwadkar, General Secretary, FSUI. “But the ground reality is that the ship owners have started blatantly taking advantage of seafarers. Laws enacted to protect seafarers are being disregarded, circumvented and violated, and benefits that exist in all shore based industries are being denied to sea men.”

The circular further points out that allowances like dearness allowance and house rent allowance, which are paid to even contract workers in shore based jobs are denied to seafarers. The basic wages paid to Seafarers is less than the basic wages paid to class four employees in shore-based industries. In direct violation of the Merchant Shipping Act, ship owners have started employing seafarers only on contract basis through manning agents.

“To provision for the cyclical nature of employment in shipping business, exposure to rough weather and working conditions, impact of sea life on health and other aspects specific to the industry, the Merchant Shipping Act was enacted. Violations of these provisions make the seafarers vulnerable and unprotected, making their service contract equivalent to bonded labour,” adds Mr. Birwadkar.

“The sea farers are fighting for their very survival. The practice of illegal recruitment of seafarers is becoming widespread. Employers take advantage of poverty and desperation of seafarers and recruit them without proper agreement, insurance or paper work. This puts them at the mercy of the employers. It is also being observed that whenever any accident or causality occurs, the family members are not adequately compensated,” says Mr. P. G. A. Joseph, President, FSUI.

The FSUI has further contended that Seafarers Welfare Fund Society – the only welfare body for seafarers, and something that is equivalent to Provident Fund in onshore jobs – covers only foreign going registered seamen. This keeps seafarers working in all other sectors including offshore and home trade outside the ambit of any welfare.

“Ship owners and trade unions entering into agreements that do not protect the interests of the seafarers further compound the problems. The wage agreement that is currently in force and signed by Indian National Shipowners Association (INSA) and National Union of Seafarers Association of India (NUSI) give the seafarers a meager 0% increment in the first year and thereafter another 2%. In this day and age when inflation, dearness allowance, housing costs, travelling costs, cooking fuel, and other basic items grew by ten, twenty and in some cases even hundred percent, this kind of agreement is a joke. The case is now awaiting judgment in Supreme Court and we are sure the judgmentwill be favorable to us. In the meantime, we will continue to explore all avenues to end the exploitation of seafarers. And to achieve this we are willing to adopt any extreme measure so long as they are legal and ethical,” concludes Mr. Birwadkar.

About FSUI: Forward Seaman's Union of India (FSUI), formerly known as Forward Block was founded by Netaji Subhash Chandra Bose and was established on the 30th of May, 1954. In 1970 the constitution was amended and the outfit was then renamed FSUI. With over 32,000 members today, FSUI has been relentlessly working for seamen’s rights and has always been in the forefront to champion their cause since the last 60 years. It has branches in Mumbai, Kochi, Port Blair, and other Ports in India and has strong relationship with a number of fraternal panel trade unions in India and outside. It is an organization dedicated to safeguard and take care of the interests of the seafarers. It has also constituted the Offshore and Home Trade Seamen’s Welfare Trust (OHTSWT) that will offer a bevy of benefits and welfare measures for seamen and their families. The trust runs a hospital that provides free treatment to its members and families and is in the process of constructing an old age home that will accommodate one hundred and fifty inmates.