Due to the belief that the captain and the three lieutenants did not drive according to the planned route, causing a reef accident and causing damage to the company, Shanghai Guoyuan Labor Service Co., Ltd. (hereinafter referred to as "Shanghai Guoyuan Company") and other three companies jointly made a penalty decision to deduct wages, dismiss two people, and claim 500,000 yuan and 300,000 yuan respectively.
After the news flowed out, it triggered a heated discussion in the industry, believing that the company's penalties were too heavy, and even affected its recruitment. On October 13, the staff of Shanghai Guoyuan Company said that the company lost nearly 300 million yuan due to this "human liability" accident, and the claim was only to warn the crew and was not really executed.
Liu Kai, a lawyer at Beijing Zhongwen (Changsha) Law Firm, said that the ship's reefing accident was caused by the negligence of the captain and the third vice-admiral in the performance of their duties, but it was not the result of their subjective intentions. Since the two are not shareholders, since they cannot share in the income from the operation of the ship such as freight, they should not be liable for the company's operating losses, and the losses should be borne by the company that enjoys the right to operate and benefit from the ship.
Internal documents: The captain and three vice-captains were each claimed 500,000,000,000 yuan
Recently, an "internal document" has spread in the crew circle, and the document entitled "Decision on the Handling of the Responsible Personnel for the "Guodian 15" Ship "12.11" Reef Accident" shows that at 8:40 a.m. on December 11, 2020, when Guodian 15 was carrying out the task from Tianjin Port to the wharf of Guoneng Fuzhou Power Generation Co., Ltd., a reefing accident occurred in the Shitang Rock Reef in the south side of Pingtan Dongjia Island.
After investigation by the company, this was a serious human liability accident, and the captain and the third vice-captain did not locate in accordance with the requirements of the "People's Republic of China SeaFarer Duty Rules", ignored the reef in front of them, and failed to ensure that the ship traveled along the planned route, which was the direct cause of the accident.
Due to the heavy economic losses and serious reputational impact caused by the accident, the company decided: the captain Shen xxx, who had the main responsibility, and the third vice admiral Shi xx, who had the secondary responsibility, both made a decision to transfer from the ship and no longer hire, requiring the two to bear the economic compensation liability of 500,000 yuan and 300,000 yuan respectively.
Combined with the company's reward and punishment system, both were fined 20% of all wages on board the ship from the month of the accident to the date of the accident (December 1 to December 11), which was 2505.76 yuan and 1439.03 yuan respectively.
From the date of the accident to the date of the decision to deal with it, both will be paid according to the Shanghai minimum wage. The Company reserves the right to pursue judicial liability to it for other losses suffered by the Company.
At the end of the document, the official seal was issued by Shanghai Fujian Guoyuan Ocean Shipping Management Co., Ltd., Shanghai Guoyuan Labor Service Co., Ltd., and Fujian Guoyuan Labor Service Co., Ltd., and the date of issuance was October 8.
According to a document issued by Shun Tak Maritime, which claims to provide professional maritime information, consulting and service platforms, Guodian's 15-wheeler, 225-meter captain and 32.26-meter width, is a 76,000-ton dry bulk carrier built in 2013. The ship was loaded with 70,000 tons of coal, "At 10:55 on December 11, 2020, 18 crew members boarded a lifeboat and left the ship, and at 11:20 all boarded the freighter "Anqiang 77" in nearby waters; the remaining 5 people (captain, chief engineer, first mate, third mate, three tube wheels) turned off the relevant equipment, and boarded a rescue helicopter at 11:25 to go to the "Anqiang 77". All 23 crew members have left the ship without personal safety risks. ”
Xiaoxiang Morning News reporters repeatedly tried to contact the parties involved in the incident, but failed. The reporter noted that according to the punishment content of the above documents, the monthly salary of the captain involved is more than 30,000 yuan, and the third vice-captain is more than 20,000 yuan.
Industry hot discussion: the two people have accident responsibility, but the punishment is too heavy
This "internal document" quickly sparked controversy in the industry. On the document, some netizens added a few lines to express their indignation at the punishment: "But when something happens to the ship, the relevant departments will fine the crew members for deducting the certificate, the shipping company will compensate the crew for economic compensation, and judicial responsibility may be waiting for us." ”
"Just now, 'Guodian' recruited people everywhere, listened to the meaning of the staff, and it was not good to recruit people under the influence of this matter." After an industry insider revealed the news in the relevant exchange group, another person also complained: "Who let the hand be so cruel." ”
The public number "Shipping Elite Circle" in the nautical circle industry also issued a document saying that the crew group has been discussing this matter recently, believing that the captain's fine of 500,000 yuan and three pairs of fines of 300,000 yuan are too heavy, and the crew is wronged "back pot man".
The article analyzes that the collision of the "Guodian 15th Wheel" is a reef, which can be seen on the nautical chart, the ship sails directly through the reef, and the captain and the three vice-captains must be responsible for the accident.
The article also said that this reef has caused several accidents, and reminded industry peers to pay attention to the fact that when ships customize routes, they should stay away from islands, reefs, shallow points or shipwreck points, etc., to ensure navigation safety and avoid the same accidents, "Ship drivers need to improve their business capabilities, when sailing on duty in the domestic coast, they should focus on duty, be diligent in watching, and communicate diligently; ship electronic charts, paper charts, radar, sounders, etc. must be used well, and the driver cannot play mobile phones on duty..."
Company: Accidents caused by negligence are low-level errors
According to Tianyancha data, Shanghai Guoyuan Labor Service Co., Ltd. is a joint-stock company jointly established by Shanghai Fujian Guohang Ocean Shipping Management Co., Ltd. and Wuhan University of Technology Shipping Technology Development Co., Ltd.
On October 13, a reporter from Xiaoxiang Morning Post (WeChat: xxcbbaoliao) called Shanghai Guoyuan Company, and Ge Yufeng, the company's crew director, said that the reef accident that occurred last year was a man-made responsibility accident.
"At that time, the ship was driven by three vice-admirals, Shi X, who had a reefing accident that occurred because he did not return to the original planned route in time after avoiding the fishing boat." According to Ge Yufeng, at the time of the incident, the nautical chart clearly marked that there was a reef in front of it, but due to the driver's negligence on duty, the cargo ship ran aground accident, "Which is a low-level error." ”
Ge Yufeng said that in order to rescue the crew, the company used helicopters. The cargo ship was carrying 70,000 tons of coal, the hull hit the reef and broke into the water, part of the coal could not be used, and then, during the 4-month period of shallowing and repairing the ship, "the emergency rescue costs at that time, the later ship maintenance, towing costs, and the loss of goods, the invisible economic losses caused by the normal operation of the ship, have reached nearly 300 million yuan, we are a private company." ”
Ge Yufeng said that the captain in charge of the day did not play a regulatory role, causing huge losses to the company, and according to the relevant laws and regulations, such a penalty decision was made. Regarding the right to recover hundreds of thousands of yuan in compensation from the two people, it is only to warn the crew of the company's fleet to avoid the recurrence of similar accidents, and the symbolic penalty decision is reserved, and the right to pursue fines is reserved.
After that, the company still did not really enforce the claim, only the decision in the document to fire two people and deduct part of their salaries.
The reporter tried to interview the other two companies on the document on this matter, but as of press time, it was unsuccessful.
Lawyer: Non-subjective and intentional acts of office shall not bear civil compensation liability
Liu Kai, a lawyer at Beijing Zhongwen (Changsha) Law Firm, said that the "Guodian 15" ship "12.11" reef accident was caused by the captain and the third vice-captain not positioning themselves in accordance with the requirements of the "People's Republic of China Seafarer Crew Duty Rules" and ignoring the reefs existing in front of the route, and failed to ensure that the ship operated along the planned route, but it was not the result of its subjective intention. Therefore, the captain and the third vice-captain shall not bear the civil compensation liability for the accident loss.
At the same time, the company deducts 20% of the salary of the captain and the three vice-captains on the ship, if the company is based on the reward and punishment regulations unilaterally formulated by the company, and has not been discussed by the staff congress, the staff congress, etc., or the trade union or the employee representatives have been consulted on an equal footing. Then, the company cannot deduct the wages of the captain and the third vice-captain with the reward and punishment regulations unilaterally formulated.
The captain and the third vice-captain are only labor personnel employed by the company, and the main embodiment of the relationship between the rights and obligations of the two parties is to provide labor services to the company and the company pays wages. The captain and the third vice-captain are not shareholders of the company and cannot share in the income from the operation of the ship such as freight. Accordingly, it shall not be liable for the company's operating losses.
"The ship's reefing accident is caused by the negligence of the captain and the three vice-admirals in the performance of their duties, but it is not the result of their subjective intentions, nor is it caused by their personal non-professional acts, so the losses caused by the reefing accident should be borne by the company that enjoys the right to operate and benefit from the ship, and should not be compensated by the captain and the three vice-presidents." Lawyer Liu Kai said.
Xiaoxiang Morning News reporter Chen Si intern Xiao Zhiyan
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