- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /
229

(1916) Author: Alfons Heyking - Tema: Russia
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P. vi., Сн. vi. DISMISSAL AND DISCHARGE.

229

expenses incurred in sending the man home ; and the latter is,
moreover, entitled to make a complaint in the ordinary manner before a
Russian tribunal. These rules, however, do not apply to sailors on
Russian ships who are not Russian subjects.1

The Maritime Code of Finland contains the following provisions
for the discharge of sailors from ships belonging to Finnish ports.

A sailor is not, in general, obliged to proceed with a vessel for
more than two years from the date of his last signing on. If he wishes
to quit the service on the expiration of this period he must demand
his discharge, and will then be at liberty to leave his vessel as soon
as she arrives at her destination and has discharged her cargo. If
expressly engaged for a longer period, he is obliged to fulfil his
agreement. In no case, however, can he be prevented from claiming his
discharge after three years have elapsed from the date of his signing
on.2 If he demand his discharge after two or three years’ service,
the cost of sending him to his native place does not fall upon the
owner, unless an express stipulation was made to that effect at the
time of his engagement.3

A sailor is at all times to demand his discharge and to annul his
engagement if he is ill-treated or badly fed by the captain, proof of
which must be produced to a magistrate or the Consular Officer.
The same holds good (1) when a vessel is sold to a foreigner, (2) when
the sailor is offered an opportunity of procuring an engagement
elsewhere as pilot or captain, or (3) when he marries, provided, in the
last two cases, that he procures a suitable substitute.4

The captain is at all times entitled to discharge a sailor, provided
he observes the rules as to payment of wages, travelling expenses
and compensation for breach of contract. Should he discharge any
one of his men in a foreign country, he must make a declaration before
the Consul, whose duty it then is to take steps to ensure that the
sailor’s rights are respected. Should it be proved that the sailor
was discharged without adequate reason, the captain is responsible
to the owner for all expenses and damages that may result.5

A seaman when discharged from his ship for misconduct is not
entitled to anything more than the wages due to him up to the day
of his discharge.6 The same holds good if the seaman demand his
discharge himself under the circumstances mentioned above and,
without having been compelled to do so by any fault of the captain,
or by the sale of the vessel to a foreigner, or by any postponement
or delay of the voyage on account of war, embargo, blockade, restraint
of local authorities, wreck, interruption to navigation by ice, or by
any other accident.

If at the time of his discharge he has already received, in the form
of advances, more than the amount of wages to which he is entitled
he cannot be made to refund the balance. If he only engaged for the
voyage, the amount due to him must be calculated on the basis of

§ 227.
Finland.
Discharge
of seamen.

§ 228.
Sale of ship,
marriage,
and
promotion of
Finnish seamen,

§ 229.
Finnish
seamen’s
wages.

1 Trade Reg., Art. 297. 2 Maritime Code of Finland, Art. 69.

3 Maritime Code of Finland, Art. 78. 4 Ibid., Art. 70.

5 Ibid., Art. 71.

6 See " Disobedience and misconduct of Sailors," Part VI., Chapter 8.

s§ 227. 228,

229.

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