Recently, the Case Filing Division of Nanjing Maritime Court received an urgent call from the attorney representing five crew members. According to him, they had previously been employed on a fishing vessel. After their service ended, the ship operator owed them a total of over 120,000 RMB in unpaid wages. The crew members repeatedly demanded payment by visiting the operator in person and making phone calls, but their efforts were consistently rebuffed with various excuses, leaving them repeatedly frustrated. At that time, the vessel was berthed at Huangsha Port in Sheyang, Yancheng, and could set sail at any moment. Once the vessel departed, the difficulty of locating it and pursuing their rights would increase significantly, and the crew’s hard-earned wages might never be recovered.

Upon receiving the call and understanding their concerns, the judge immediately reassured the attorney and the crew members, whilst swiftly commencing the case review process, striving to identify a way forward for the crew members to assert their rights in the shortest time. During a meticulous review of the evidence, the judge discovered that the crew members were only able to provide handwritten IOUs and the ship’s certificate of ownership. There was a lack of supporting documentation regarding key facts such as the specific dates of embarkation and disembarkation, the agreed wage rates, and the actual hours worked, etc. Consequently, the case did not yet meet the statutory requirements of clear facts and a well-defined relationship between rights and obligations, making it difficult to exempt them from providing security under the relevant judicial interpretations.

However, the judge also took full account of the fact that requiring each crew member to provide sufficient security individually in accordance with standard judicial procedures would inevitably impose a heavy financial burden on them. This would not only delay the opportunity to assert their rights but could also prevent the crew members’ legitimate rights from being safeguarded in a timely and effective manner. Faced with strict legal provisions on the one hand and the crew members’ urgent appeals on the other, the key to handling the case lay in striking a balance between the requirements of the law and the needs of the crew.

In order to resolve the dispute effectively, the Case Filing Division promptly convened a collegial bench to discuss the matter. Taking the specific circumstances into account, they repeatedly ran through potential solutions and ultimately agreed on a flexible guarantee arrangement. The collegial bench concluded that it would no longer be necessary to require each crew member to provide sufficient security individually. Instead, five crew members could jointly issue a single guarantee. Should any subsequent errors in the arrest of the vessel result in losses, they would bear joint liability accordingly. Furthermore, the amount of the guarantee must be sufficient to cover the total outstanding wages and any related losses that may arise. This approach both upholded the legal principles underpinning judicial proceedings and minimized the costs incurred by the crew members in asserting their rights.

As soon as the proposal was put forward, it received an enthusiastic response from the crew, who immediately agreed to provide joint security and submitted the security deposit to the court that very day. The Case Filing Division simultaneously launched a fast-track channel, completing a series of procedures, including case filing and the issuance of a property preservation order, within one day. Officers from the Enforcement Department also rushed to Huangsha Port and efficiently carried out the seizure of the vessel.

Following the lawful ship arrest, the ship operator realized the gravity of the situation and proactively engaged in communication and negotiation with the crew. Under the Court’s active guidance, both parties reached a settlement regarding the payment of wages. The ship operator paid the full amount of the arrears, and the five crew members finally received the wages owed, lifting a huge weight from their minds.

From the crew’s application to arrest the ship, to the successful resolution of the dispute, the entire process took just over ten days. Through its efficient judicial action, the Court established a robust legal safeguard for the crew’s legitimate rights and interests.

Small cases have a significant impact on people’s livelihoods; no case concerning people’s livelihoods is trivial. The Case Filing Division has consistently set the substantive resolution of disputes as its primary objective. By fully leveraging the institutional strengths of special maritime procedures, the Division strives to meet public expectations through efficient and compassionate judicial services when handling all types of maritime cases, particularly those concerning people’s livelihoods. It ensures that fairness and justice are tangible and accessible, effectively putting the principle of justice serving the people into practice and instilling it in the hearts of every party in urgent need of assistance, thereby safeguarding the welfare of people through the power of the judiciary.