Lua[disputed]
IMO9557630
| Abandonment ID: | 00669 |
| Ship name: | Lua[disputed] |
| Flag: | Panama |
| 7-digit IMO no.: | 9557630 |
| Port of abandonment: | Las Calderas, Dominican Republic |
| Abandonment date: | 1 June 2022 |
| Notification date: | 29 June 2022 |
| Reporting Member Govt. or Org.: | ITF |
| No. of Seafarers: | 22 |
| Nationalities: | Pakistan(21); Singapore(1) |
| Circumstances: | P&I : American Club
Crew are owed 3 months wages (April, May and June), no fuel for 5 days and therefore they cannot run refrigeration, air conditioning, lighting etc. Provisions are running low. The vessel has been in the port for 4 month. |
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| Actions taken: | 27 June 2022: Flag State informed
Have contacted the owners, flag state and P&I club.
ITF is attempting to work with a local contact to visit the vessel.
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| Repatriation status: | Repatriation pending
All crew wish to be repatriated.
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| Payment status: | Payment Pending
The total wages outstanding is US$143,913.
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| Comments and Observations: | Govt. of Panama (26 August 2022)
In response to the labor complaint filed against the vessel " LUA", with [MO No. 9557630, you will find the latest communications:
l. Through Email dated on May 18, 2022, the PMA sent Communication addressed to Owners. Operator and/ or Local Resident Agent, communicating the labour complaint filed against the vessel, and requesting the measures taken to correct such deficiencies.
2. This Administration has imposed an administrative restriction over the vessel.
3. Through Email dated on June, 27 2022, the activation of the financial guarantee was requested.
ITF (30 November 2022)
The crew have been repatriated from the vessel, which is still located at port Las Calderas in the Dominican Republic. In this case the P&I repatriated the crew and paid the four months wages as provided for in the MLC. The ITF have engaged lawyers to arrest this vessel and claim the remaining wages owed to the crew.
Govt. of Panama (20 March 2024)
Through email date July 20, 2022, we sent an email to the Captain of the Lua ship requesting information about the current situation of the crew and to inform us if P&l has assumed its responsibility.
Through email date July 20, 2022. We received a response from the captain telling us that they have provided him with drinking water, fuel and food but that they have not paid him his salary for 4 months.
Through email date September 27, 2022 We emailed the ITF inspector requesting an update on the status of the LUA crew
Through email date September 28, 2022, the ITF inspector informed us of the following
"Referring to the email below, I can confirm that the LUA crew has finally been repatriated. The total amount of money paid to the crew by the American P&l Club was US$207,720, an amount that represents four(4) months of salary not including vacation pay, despite the fact that, as
stipulated in the MLC, " The assistance provided for financial security must be sufficient to cover outstanding wages and other entitlements owed by the shipowner to seafarers under their employment agreements."
The balance of salaries that are still pending and owed to the crew is US$246,286.84."
September 27, 2022. On September 27, 2022, an email was sent to the lTF inspector requesting information about the crew, and he responded as follows:
"See attached the respective salary balances that are still owed to the crew members of the two vessels in question. As you know, the LUA crew was finally repatriated on September 18, 2022, the total amount of money paid to the crew by the American P&I Club was 207,720 US dollars, an amount that represents four (4) months of salary excluding vacation pay. The balance of salaries that are still pending and owed to the LUA crew is US$246,286.84."
Through email date September 21, 2023, an email was sent to current agents with information on the complaints reported in the ILO abandonment base.
Latest information:
Through email date December 7, 2023, an email is received from resident agents requesting instructions on the missing documents to be able to lift the restriction. On the same day, the situation of the ship at the abandonment base is reported.
Through email date December 21, 2023, resident agents are informed that in order to lift the restriction they must provide the corresponding proof of payments.
Through email date December 22, 2023, supposed mutual agreements between the crew members and the owners are received and confirmed.
Through email date January 22, 2024, an email was sent to the sender of the complaint to confirm the veracity of the mutual agreements provided.
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