Judges Collaborate to Resolve Wage Concerns: 13 Crew Members Successfully Recover Unpaid Wages
"Thank you, Guangzhou Maritime Court (GZMC)!" "Thanks to Judge Chen's mediation, our overdue wages have finally been secured." … Late on the night of June 30, 2024, as Judge Chen Mingqiang watched the stream of "thank you" messages flooding into the WeChat group, a smile spread across his face. The wages for 13 crew members had finally been secured, marking the successful conclusion of this labor contract dispute that had been a source of concern for both the crew members and the judges. "Share this great news with Judges Song, Xie, and Xu. They played a crucial role in cracking this tough nut!" A challenge: The dilemma between support and dismissal "This series of cases was quite convoluted", Judge Chen Mingqiang remarked, scratching his head as he recalled the matter. "During the hearing, the crew members involved had different boarding times, different employers, and different wage standards. Even after the court's explanations, they insisted on suing only the registered shipowner while remaining vague about the actual employer. The registered shipowner argued that the crew members were deliberately avoiding the bareboat charterer, who lacked the ability to pay, and requested that the crew members' claims be dismissed, refusing any mediation." After the hearing, the adjudication team was confronted with a difficult decision: should they dismiss the claims on the grounds of misidentification of the actual employer? Or should they seek a path to substantively resolve the dispute by balancing the enforcement of maritime liens and the responsibilities of the registered shipowner? This was indeed a challenging task. Clarifying the approach: Comprehensive mediation prevails over simple adjudication Based on the established facts, the adjudication team drafted 13 judgment texts—some of the crew members' claims were dismissed, while others were upheld. "Legally, these judgments are sound, but handling the case this way could easily lead to new conflicts", remarked Chen Youqiang, Party Secretary and President of GZMC, as he visited the court staff working overtime. He instructed the adjudication team to prioritize mediation as the optimal approach for resolving this series of cases, harnessing the collective wisdom of the judges to achieve a thorough and harmonious resolution. To this end, the adjudication team sought guidance from Judges Song Ruiqiu, Yin Zhonglie, and Cheng Liang, particularly consulting with the court's mediation experts, Judges Xie Huicheng, Xu Chunlong, and Deng Feifei. Drawing from Judge Xie's insights into similar crew member wage dispute mediations, the team developed a clearer mediation strategy to realize the best possible resolution. Multiple rounds of mediation: Collective wisdom reflects Chinese expertise During the first round of mediation, the adjudication team explained to both parties the risks and uncertainties inherent in a judgment. The shipowner reluctantly agreed to fulfill the obligation to pay the wages but insisted on installment payments. However, the crew members found the shipowner's proposal far below their expectations and could not accept it. The outcome of the mediation was disappointing for the team. Before the second round of mediation, the adjudication team prepared extensively. They used the big data-driven intelligent evaluation system to assess the post-auction value of the ship involved in the case. Using the valuation as a basis, they detailed the pros and cons of both judgment and mediation to the parties, inviting the crew members' attorney to help align the crew members' expectations with their claims. Simultaneously, the team meticulously prepared the reasoning and proofreading for the judgment texts, ensuring they were fully prepared for either outcome. Thanks to the persistent efforts of the adjudication team, the shipowner and the crew members finally reached a mediation agreement at approximately 17:35 on June 30. Case concluded: Teamwork enhances judicial efficiency "Owing to Judge Zhou Tiantian", Judge Chen Mingqiang said with a smile, rubbing his hands together. "At a critical moment, the system encountered a bug for some unknown reason, and she stepped in as an IT operator, helping the team complete the document preparation, seal signing, and electronic delivery overnight." To secure the hard-won mediation agreement, the adjudication team promptly arranged an online hearing for both parties to confirm the mediation proposal, and by 19:30, the mediation transcript and settlement agreement were finally signed online. With the completion of the final mediation documents and their electronic delivery, the adjudication team was finally able to breathe a sigh of relief. Judicial and humanistic care: "As if we were the litigants" Both parties expressed their deep gratitude and high praise for the adjudication team in the WeChat group, leading to the scene described at the beginning. The successful mediation of the labor contract dispute involving 13 crew members is a true reflection of the adjudication team's approach of treating each case "as if we were the litigants", as well as a testament to the collective wisdom and teamwork within the GZMC. Crew member labor contract disputes are common cases for the maritime court. Resolving such disputes is of great significance for safeguarding crew members' rights and ensuring the labor order in the shipping market. The successful mediation in this case was made possible by the adjudication team's precise use of legal tools, such as the crew members' maritime liens, ship arrest, and auctioning of the vessel during litigation, as well as the effective involvement of the lawyers. The team developed "tailored" mediation proposals for each crew member, finding a balance between protecting their rights and managing the shipowner's operational costs. By emphasizing mediation where possible, even in situations that could have been adjudicated, they ultimately achieved a successful settlement. The collective insights and mediation approach employed by the court in this case provide a valuable model for resolving similar disputes.
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