TITLE 2. CONDITIONS OF EMPLOYMENT
Regulation 2.1 – Seafarers’ employment agreements
Purpose: To ensure that seafarers have a fair employment agreement
- 1. The terms and conditions for employment of a seafarer shall be set out or
referred to in a clear written legally enforceable agreement and shall be
consistent with the standards set out in the Code.
- 2. Seafarers’ employment agreements shall be agreed to by the seafarer under
conditions which ensure that the seafarer has an opportunity to review and
seek advice on the terms and conditions in the agreement and freely accepts
them before signing.
- 3. To the extent compatible with the Member’s national law and practice,
seafarers’ employment agreements shall be understood to incorporate any
applicable collective bargaining agreements.
Standard A2.1 – Seafarers’ employment agreements
- 1. Each Member shall adopt laws or regulations requiring that ships that
fly its flag comply with the following requirements:
- (a) seafarers working on ships that fly its flag shall have a
seafarers’ employment agreement signed by both the seafarer and
the shipowner or a representative of the shipowner (or, where
they are not employees, evidence of contractual or similar
arrangements) providing them with decent working and living
conditions on board the ship as required by this
Convention;
- (b) seafarers signing a seafarers’ employment agreement shall be
given an opportunity to examine and seek advice on the agreement
before signing, as well as such other facilities as are
necessary to ensure that they have freely entered into an
agreement with a sufficient understanding of their rights and
responsibilities;
- (c) the shipowner and seafarer concerned shall each have a
signed original of the seafarers’ employment agreement;
- (d) measures shall be taken to ensure that clear information as
to the conditions of their employment can be easily obtained on
board by seafarers, including the ship’s master, and that such
information, including a copy of the seafarers’ employment
agreement, is also accessible for review by officers of a
competent authority, including those in ports to be visited;
and
- (e) seafarers shall be given a document containing a record of
their employment on board the ship.
- 2. Where a collective bargaining agreement forms all or part of a
seafarers’ employment agreement, a copy of that agreement shall be
available on board. Where the language of the seafarers’ employment
agreement and any applicable collective bargaining agreement is not in
English, the following shall also be available in English (except for
ships engaged only in domestic voyages):
- (a) a copy of a standard form of the agreement; and
- (b) the portions of the collective bargaining agreement that are
subject to a port State inspection under Regulation 5.2.
- 3. The document referred to in paragraph 1(e) of this Standard shall not
contain any statement as to the quality of the seafarers’ work or as to
their wages. The form of the document, the particulars to be recorded
and the manner in which such particulars are to be entered, shall be
determined by national law.
- 4. Each Member shall adopt laws and regulations specifying the matters
that are to be included in all seafarers’ employment agreements governed
by its national law. Seafarers’ employment agreements shall in all cases
contain the following particulars:
- (a) the seafarer’s full name, date of birth or age, and
birthplace;
- (b) the shipowner’s name and address;
- (c) the place where and date when the seafarers’ employment
agreement is entered into;
- (d) the capacity in which the seafarer is to be employed;
- (e) the amount of the seafarer’s wages or, where applicable, the
formula used for calculating them;
- (f) the amount of paid annual leave or, where applicable, the
formula used for calculating it;
- (g) the termination of the agreement and the conditions thereof,
including:
- (i) if the agreement has been made for an indefinite
period, the conditions entitling either party to
terminate it, as well as the required notice period,
which shall not be less for the shipowner than for the
seafarer;
- (ii) if the agreement has been made for a definite
period, the date fixed for its expiry; and
- (iii) if the agreement has been made for a voyage, the
port of destination and the time which has to expire
after arrival before the seafarer should be
discharged;
- (h) the health and social security protection benefits to be
provided to the seafarer by the shipowner;
- (i) the seafarer’s entitlement to repatriation;
- (j) reference to the collective bargaining agreement, if
applicable; and
- (k) any other particulars which national law may require.
- 5. Each Member shall adopt laws or regulations establishing minimum
notice periods to be given by the seafarers and shipowners for the early
termination of a seafarers’ employment agreement. The duration of these
minimum periods shall be determined after consultation with the
shipowners’ and seafarers’ organizations concerned, but shall not be
shorter than seven days.
- 6. A notice period shorter than the minimum may be given in
circumstances which are recognized under national law or regulations or
applicable collective bargaining agreements as justifying termination of
the employment agreement at shorter notice or without notice. In
determining those circumstances, each Member shall ensure that the need
of the seafarer to terminate, without penalty, the employment agreement
on shorter notice or without notice for compassionate or other urgent
reasons is taken into account.
- 7. Each Member shall require that a seafarer’s employment agreement
shall continue to have effect while a seafarer is held captive on or off the
ship as a result of acts of piracy or armed robbery against ships, regardless
of whether the date fixed for its expiry has passed or either party has given
notice to suspend or terminate it. For the purpose of this paragraph, the term:
- (a) piracy shall have the same meaning as in the United Nations Convention
on the Law of the Sea, 1982;
- (b) armed robbery against ships means any illegal act of violence or
detention or any act of depredation, or threat thereof, other than an
act of piracy, committed for private ends and directed against a ship
or against persons or property on board such a ship, within a State’s
internal waters, archipelagic waters and territorial sea, or any act of
inciting or of intentionally facilitating an act described above.
Guideline B2.1 – Seafarers’ employment agreements
Guideline B2.1.1 – Record of employment
- 1. In determining the particulars to be recorded in the record of
employment referred to in Standard A2.1, paragraph 1(e), each Member
should ensure that this document contains sufficient information, with a
translation in English, to facilitate the acquisition of further work or
to satisfy the sea-service requirements for upgrading or promotion. A
seafarers’ discharge book may satisfy the requirements of paragraph 1(e)
of that Standard.
Regulation 2.2 – Wages
Purpose: To ensure that seafarers are paid for their services
- 1. All seafarers shall be paid for their work regularly and in full in
accordance with their employment agreements.
Standard A2.2 – Wages
- 1. Each Member shall require that payments due to seafarers working on
ships that fly its flag are made at no greater than monthly intervals
and in accordance with any applicable collective agreement.
- 2. Seafarers shall be given a monthly account of the payments due and
the amounts paid, including wages, additional payments and the rate of
exchange used where payment has been made in a currency or at a rate
different from the one agreed to.
- 3. Each Member shall require that shipowners take measures, such as
those set out in paragraph 4 of this Standard, to provide seafarers with
a means to transmit all or part of their earnings to their families or
dependants or legal beneficiaries.
- 4. Measures to ensure that seafarers are able to transmit their earnings
to their families include:
- (a) a system for enabling seafarers, at the time of their
entering employment or during it, to allot, if they so desire, a
proportion of their wages for remittance at regular intervals to
their families by bank transfers or similar means; and
- (b) a requirement that allotments should be remitted in due time
and directly to the person or persons nominated by the
seafarers.
- 5. Any charge for the service under paragraphs 3 and 4 of this Standard
shall be reasonable in amount, and the rate of currency exchange, unless
otherwise provided, shall, in accordance with national laws or
regulations, be at the prevailing market rate or the official published
rate and not unfavourable to the seafarer.
- 6. Each Member that adopts national laws or regulations governing
seafarers’ wages shall give due consideration to the guidance provided
in Part B of the Code.
- 7. Where a seafarer is held captive on or off the ship as a result of
acts of piracy or armed robbery against ships, wages and other entitlements
under the seafarers’ employment agreement, relevant collective bargaining
agreement or applicable national laws, including the remittance of any
allotments as provided in paragraph 4 of this Standard, shall continue to be
paid during the entire period of captivity and until the seafarer is released and
duly repatriated in accordance with Standard A2.5.1 or, where the seafarer
dies while in captivity, until the date of death as determined in accordance
with applicable national laws or regulations. The terms piracy and armed
robbery against ships shall have the same meaning as in Standard A2.1,
paragraph 7.
Guideline B2.2 – Wages
Guideline B2.2.1 – Specific definitions
- 1. For the purpose of this Guideline, the term:
- (a) able seafarer means any seafarer who is deemed
competent to perform any duty which may be required of a
rating serving in the deck department, other than the duties
of a supervisory or specialist rating, or who is defined as
such by national laws, regulations or practice, or by
collective agreement;
- (b) basic pay or wages means the pay, however
composed, for normal hours of work; it does not include
payments for overtime worked, bonuses, allowances, paid
leave or any other additional remuneration;
- (c) consolidated wage means a wage or salary which
includes the basic pay and other pay-related benefits; a
consolidated wage may include compensation for all overtime
hours which are worked and all other pay-related benefits,
or it may include only certain benefits in a partial
consolidation;
- (d) hours of work means time during which seafarers
are required to do work on account of the ship;
- (e) overtime means time worked in excess of the
normal hours of work.
Guideline B2.2.2 – Calculation and payment
- 1. For seafarers whose remuneration includes separate compensation
for overtime worked:
- (a) for the purpose of calculating wages, the normal hours
of work at sea and in port should not exceed eight hours per
day;
- (b) for the purpose of calculating overtime, the number of
normal hours per week covered by the basic pay or wages
should be prescribed by national laws or regulations, if not
determined by collective agreements, but should not exceed
48 hours per week; collective agreements may provide for a
different but not less favourable treatment;
- (c) the rate or rates of compensation for overtime, which
should be not less than one and one-quarter times the basic
pay or wages per hour, should be prescribed by national laws
or regulations or by collective agreements, if applicable;
and
- (d) records of all overtime worked should be maintained by
the master, or a person assigned by the master, and endorsed
by the seafarer at no greater than monthly intervals.
- 2. For seafarers whose wages are fully or partially consolidated:
- (a) the seafarers’ employment agreement should specify
clearly, where appropriate, the number of hours of work
expected of the seafarer in return for this remuneration,
and any additional allowances which might be due in addition
to the consolidated wage, and in which circumstances;
- (b) where hourly overtime is payable for hours worked in
excess of those covered by the consolidated wage, the hourly
rate should be not less than one and one quarter times the
basic rate corresponding to the normal hours of work as
defined in paragraph 1 of this Guideline; the same principle
should be applied to the overtime hours included in the
consolidated wage;
- (c) remuneration for that portion of the fully or partially
consolidated wage representing the normal hours of work as
defined in paragraph 1(a) of this Guideline should be no
less than the applicable minimum wage; and
- (d) for seafarers whose wages are partially consolidated,
records of all overtime worked should be maintained and
endorsed as provided for in paragraph 1(d) of this
Guideline.
- 3. National laws or regulations or collective agreements may provide
for compensation for overtime or for work performed on the weekly
day of rest and on public holidays by at least equivalent time off
duty and off the ship or additional leave in lieu of remuneration or
any other compensation so provided.
- 4. National laws and regulations adopted after consulting the
representative shipowners’ and seafarers’ organizations or, as
appropriate, collective agreements should take into account the
following principles:
- (a) equal remuneration for work of equal value should apply
to all seafarers employed on the same ship without
discrimination based upon race, colour, sex, religion,
political opinion, national extraction or social
origin;
- (b) the seafarers’ employment agreement specifying the
applicable wages or wage rates should be carried on board
the ship; information on the amount of wages or wage rates
should be made available to each seafarer, either by
providing at least one signed copy of the relevant
information to the seafarer in a language which the seafarer
understands, or by posting a copy of the agreement in a
place accessible to seafarers or by some other appropriate
means;
- (c) wages should be paid in legal tender; where appropriate,
they may be paid by bank transfer, bank cheque, postal
cheque or money order;
- (d) on termination of engagement all remuneration due should
be paid without undue delay;
- (e) adequate penalties or other appropriate remedies should
be imposed by the competent authority where shipowners
unduly delay, or fail to make, payment of all remuneration
due;
- (f) wages should be paid directly to seafarers’ designated
bank accounts unless they request otherwise in writing;
- (g) subject to subparagraph (h) of this paragraph, the
shipowner should impose no limit on seafarers’ freedom to
dispose of their remuneration;
- (h) deduction from remuneration should be permitted only if:
- (i) there is an express provision in national laws
or regulations or in an applicable collective
agreement and the seafarer has been informed, in the
manner deemed most appropriate by the competent
authority, of the conditions for such deductions;
and
- (ii) the deductions do not in total exceed the limit
that may have been established by national laws or
regulations or collective agreements or court
decisions for making such deductions;
- (i) no deductions should be made from a seafarer’s
remuneration in respect of obtaining or retaining
employment;
- (j) monetary fines against seafarers other than those
authorized by national laws or regulations, collective
agreements or other measures should be prohibited;
- (k) the competent authority should have the power to inspect
stores and services provided on board ship to ensure that
fair and reasonable prices are applied for the benefit of
the seafarers concerned; and
- (l) to the extent that seafarers’ claims for wages and other
sums due in respect of their employment are not secured in
accordance with the provisions of the International
Convention on Maritime Liens and Mortgages, 1993, such
claims should be protected in accordance with the Protection
of Workers’ Claims (Employer’s Insolvency) Convention, 1992
(No. 173).
- 5. Each Member should, after consulting with representative
shipowners’ and seafarers’ organizations, have procedures to
investigate complaints relating to any matter contained in this
Guideline.
Guideline B2.2.3 – Minimum wages
- 1. Without prejudice to the principle of free collective bargaining,
each Member should, after consulting representative shipowners’ and
seafarers’ organizations, establish procedures for determining
minimum wages for seafarers. Representative shipowners’ and
seafarers’ organizations should participate in the operation of such
procedures.
- 2. When establishing such procedures and in fixing minimum wages,
due regard should be given to international labour standards
concerning minimum wage fixing, as well as the following principles:
- (a) the level of minimum wages should take into account the
nature of maritime employment, crewing levels of ships, and
seafarers’ normal hours of work; and
- (b) the level of minimum wages should be adjusted to take
into account changes in the cost of living and in the needs
of seafarers.
- 3. The competent authority should ensure:
- a) by means of a system of supervision and sanctions, that
wages are paid at not less than the rate or rates fixed;
and
- b) that any seafarers who have been paid at a rate lower
than the minimum wage are enabled to recover, by an
inexpensive and expeditious judicial or other procedure, the
amount by which they have been underpaid.
Guideline B2.2.4 – Minimum monthly basic pay or wage figure for able seafarers
- 1. The basic pay or wages for a calendar month of service for an
able seafarer should be no less than the amount periodically set by
the Joint Maritime Commission or another body authorized by the
Governing Body of the International Labour Office. Upon a decision
of the Governing Body, the Director-General shall notify any revised
amount to the Members of the Organization.
- 2. Nothing in this Guideline should be deemed to prejudice
arrangements agreed between shipowners or their organizations and
seafarers’ organizations with regard to the regulation of standard
minimum terms and conditions of employment, provided such terms and
conditions are recognized by the competent authority.
Regulation 2.3 – Hours of work and hours of rest
Purpose: To ensure that seafarers have regulated hours of work or hours of
rest
- 1. Each Member shall ensure that the hours of work or hours of rest for
seafarers are regulated.
- 2. Each Member shall establish maximum hours of work or minimum hours of
rest over given periods that are consistent with the provisions in the
Code.
Standard A2.3 – Hours of work and hours of rest
- 1. For the purpose of this Standard, the term:
- (a) hours of work means time during which seafarers are
required to do work on account of the ship;
- (b) hours of rest means time outside hours of work;
this term does not include short breaks.
- 2. Each Member shall within the limits set out in paragraphs 5 to 8 of
this Standard fix either a maximum number of hours of work which shall
not be exceeded in a given period of time, or a minimum number of hours
of rest which shall be provided in a given period of time.
- 3. Each Member acknowledges that the normal working hours’ standard for
seafarers, like that for other workers, shall be based on an eight-hour
day with one day of rest per week and rest on public holidays. However,
this shall not prevent the Member from having procedures to authorize or
register a collective agreement which determines seafarers’ normal
working hours on a basis no less favourable than this standard.
- 4. In determining the national standards, each Member shall take account
of the danger posed by the fatigue of seafarers, especially those whose
duties involve navigational safety and the safe and secure operation of
the ship.
- 5. The limits on hours of work or rest shall be as follows:
- (a) maximum hours of work shall not exceed:
- (i) 14 hours in any 24-hour period; and
- (ii) 72 hours in any seven-day period; or
- (b) minimum hours of rest shall not be less than:
- (i) ten hours in any 24-hour period; and
- (ii) 77 hours in any seven-day period.
- 6. Hours of rest may be divided into no more than two periods, one of
which shall be at least six hours in length, and the interval between
consecutive periods of rest shall not exceed 14 hours.
- 7. Musters, fire-fighting and lifeboat drills, and drills prescribed by
national laws and regulations and by international instruments, shall be
conducted in a manner that minimizes the disturbance of rest periods and
does not induce fatigue.
- 8. When a seafarer is on call, such as when a machinery space is
unattended, the seafarer shall have an adequate compensatory rest period
if the normal period of rest is disturbed by call-outs to work.
- 9. If no collective agreement or arbitration award exists or if the
competent authority determines that the provisions in the agreement or
award in respect of paragraph 7 or 8 of this Standard are inadequate,
the competent authority shall determine such provisions to ensure the
seafarers concerned have sufficient rest.
- 10. Each Member shall require the posting, in an easily accessible
place, of a table with the shipboard working arrangements, which shall
contain for every position at least:
- (a) the schedule of service at sea and service in port; and
- (b) the maximum hours of work or the minimum hours of rest
required by national laws or regulations or applicable
collective agreements.
- 11. The table referred to in paragraph 10 of this Standard shall be
established in a standardized format in the working language or
languages of the ship and in English.
- 12. Each Member shall require that records of seafarers’ daily hours of
work or of their daily hours of rest be maintained to allow monitoring
of compliance with paragraphs 5 to 11 inclusive of this Standard. The
records shall be in a standardized format established by the competent
authority taking into account any available guidelines of the
International Labour Organization or shall be in any standard format
prepared by the Organization. They shall be in the languages required by
paragraph 11 of this Standard. The seafarers shall receive a copy of the
records pertaining to them which shall be endorsed by the master, or a
person authorized by the master, and by the seafarers.
- 13. Nothing in paragraphs 5 and 6 of this Standard shall prevent a
Member from having national laws or regulations or a procedure for the
competent authority to authorize or register collective agreements
permitting exceptions to the limits set out. Such exceptions shall, as
far as possible, follow the provisions of this Standard but may take
account of more frequent or longer leave periods or the granting of
compensatory leave for watchkeeping seafarers or seafarers working on
board ships on short voyages.
- 14. Nothing in this Standard shall be deemed to impair the right of the
master of a ship to require a seafarer to perform any hours of work
necessary for the immediate safety of the ship, persons on board or
cargo, or for the purpose of giving assistance to other ships or persons
in distress at sea. Accordingly, the master may suspend the schedule of
hours of work or hours of rest and require a seafarer to perform any
hours of work necessary until the normal situation has been restored. As
soon as practicable after the normal situation has been restored, the
master shall ensure that any seafarers who have performed work in a
scheduled rest period are provided with an adequate period of rest.
Guideline B2.3 – Hours of work and hours of rest
Guideline B2.3.1 – Young seafarers
- 1. At sea and in port the following provisions should apply to all
young seafarers under the age of 18:
- (a) working hours should not exceed eight hours per day and
40 hours per week and overtime should be worked only where
unavoidable for safety reasons;
- (b) sufficient time should be allowed for all meals, and a
break of at least one hour for the main meal of the day
should be assured; and
- (c) a 15-minute rest period as soon as possible following
each two hours of continuous work should be allowed.
- 2. Exceptionally, the provisions of paragraph 1 of this Guideline
need not be applied if:
- (a) they are impracticable for young seafarers in the deck,
engine room and catering departments assigned to
watchkeeping duties or working on a rostered shiftwork
system; or
- (b) the effective training of young seafarers in accordance
with established programmes and schedules would be
impaired.
- 3. Such exceptional situations should be recorded, with reasons, and
signed by the master.
- 4. Paragraph 1 of this Guideline does not exempt young seafarers
from the general obligation on all seafarers to work during any
emergency as provided for in Standard A2.3, paragraph 14.
Regulation 2.4 – Entitlement to leave
Purpose: To ensure that seafarers have adequate leave
- 1. Each Member shall require that seafarers employed on ships that fly its
flag are given paid annual leave under appropriate conditions, in accordance
with the provisions in the Code.
- 2. Seafarers shall be granted shore leave to benefit their health and
well-being and consistent with the operational requirements of their
positions.
Standard A2.4 – Entitlement to leave
- 1. Each Member shall adopt laws and regulations determining the minimum
standards for annual leave for seafarers serving on ships that fly its
flag, taking proper account of the special needs of seafarers with
respect to such leave.
- 2. Subject to any collective agreement or laws or regulations providing
for an appropriate method of calculation that takes account of the
special needs of seafarers in this respect, the annual leave with pay
entitlement shall be calculated on the basis of a minimum of 2.5
calendar days per month of employment. The manner in which the length of
service is calculated shall be determined by the competent authority or
through the appropriate machinery in each country. Justified absences
from work shall not be considered as annual leave.
- 3. Any agreement to forgo the minimum annual leave with pay prescribed
in this Standard, except in cases provided for by the competent
authority, shall be prohibited.
Guideline B2.4 – Entitlement to leave
Guideline B2.4.1 – Calculation of entitlement
- 1. Under conditions as determined by the competent authority or
through the appropriate machinery in each country, service
off-articles should be counted as part of the period of
service.
- 2. Under conditions as determined by the competent authority or in
an applicable collective agreement, absence from work to attend an
approved maritime vocational training course or for such reasons as
illness or injury or for maternity should be counted as part of the
period of service.
- 3. The level of pay during annual leave should be at the seafarer’s
normal level of remuneration provided for by national laws or
regulations or in the applicable seafarers’ employment agreement.
For seafarers employed for periods shorter than one year or in the
event of termination of the employment relationship, entitlement to
leave should be calculated on a pro-rata basis.
- 4. The following should not be counted as part of annual leave with
pay:
- (a) public and customary holidays recognized as such in the
flag State, whether or not they fall during the annual leave
with pay;
- (b) periods of incapacity for work resulting from illness or
injury or from maternity, under conditions as determined by
the competent authority or through the appropriate machinery
in each country;
- (c) temporary shore leave granted to a seafarer while under
an employment agreement; and
- (d) compensatory leave of any kind, under conditions as
determined by the competent authority or through the
appropriate machinery in each country.
Guideline B2.4.2 – Taking of annual leave
- 1. The time at which annual leave is to be taken should, unless it
is fixed by regulation, collective agreement, arbitration award or
other means consistent with national practice, be determined by the
shipowner after consultation and, as far as possible, in agreement
with the seafarers concerned or their representatives.
- 2. Seafarers should in principle have the right to take annual leave
in the place with which they have a substantial connection, which
would normally be the same as the place to which they are entitled
to be repatriated. Seafarers should not be required without their
consent to take annual leave due to them in another place except
under the provisions of a seafarers’ employment agreement or of
national laws or regulations.
- 3. If seafarers are required to take their annual leave from a place
other than that permitted by paragraph 2 of this Guideline, they
should be entitled to free transportation to the place where they
were engaged or recruited, whichever is nearer their home;
subsistence and other costs directly involved should be for the
account of the shipowner; the travel time involved should not be
deducted from the annual leave with pay due to the seafarer.
- 4. A seafarer taking annual leave should be recalled only in cases
of extreme emergency and with the seafarer’s consent.
Guideline B2.4.3 – Division and accumulation
- 1. The division of the annual leave with pay into parts, or the
accumulation of such annual leave due in respect of one year
together with a subsequent period of leave, may be authorized by the
competent authority or through the appropriate machinery in each
country.
- 2. Subject to paragraph 1 of this Guideline and unless otherwise
provided in an agreement applicable to the shipowner and the
seafarer concerned, the annual leave with pay recommended in this
Guideline should consist of an uninterrupted period.
Guideline B2.4.4 – Young seafarers
- 1. Special measures should be considered with respect to young
seafarers under the age of 18 who have served six months or any
other shorter period of time under a collective agreement or
seafarers’ employment agreement without leave on a foreign-going
ship which has not returned to their country of residence in that
time, and will not return in the subsequent three months of the
voyage. Such measures could consist of their repatriation at no
expense to themselves to the place of original engagement in their
country of residence for the purpose of taking any leave earned
during the voyage.
Regulation 2.5 – Repatriation
Purpose: To ensure that seafarers are able to return home
- 1. Seafarers have a right to be repatriated at no cost to themselves in the
circumstances and under the conditions specified in the Code.
- 2. Each Member shall require ships that fly its flag to provide financial
security to ensure that seafarers are duly repatriated in accordance with
the Code.
Standard A2.5.1 – Repatriation
- 1. Each Member shall ensure that seafarers on ships that fly its flag
are entitled to repatriation in the following circumstances:
- (a) if the seafarers’ employment agreement expires while they
are abroad;
- (b) when the seafarers’ employment agreement is terminated:
- (i) by the shipowner; or
- (ii) by the seafarer for justified reasons; and
also
- (c) when the seafarers are no longer able to carry out their
duties under their employment agreement or cannot be expected to
carry them out in the specific circumstances.
- 2. Each Member shall ensure that there are appropriate provisions in its
laws and regulations or other measures or in collective bargaining
agreements, prescribing:
- (a) the circumstances in which seafarers are entitled to
repatriation in accordance with paragraph 1(b) and (c) of this
Standard;
- (b) the maximum duration of service periods on board following
which a seafarer is entitled to repatriation – such periods to
be less than 12 months; and
- (c) the precise entitlements to be accorded by shipowners for
repatriation, including those relating to the destinations of
repatriation, the mode of transport, the items of expense to be
covered and other arrangements to be made by shipowners.
- 3. Each Member shall prohibit shipowners from requiring that seafarers
make an advance payment towards the cost of repatriation at the
beginning of their employment, and also from recovering the cost of
repatriation from the seafarers’ wages or other entitlements except
where the seafarer has been found, in accordance with national laws or
regulations or other measures or applicable collective bargaining
agreements, to be in serious default of the seafarer’s employment
obligations.
- 4. National laws and regulations shall not prejudice any right of the
shipowner to recover the cost of repatriation under third-party
contractual arrangements.
- 5. If a shipowner fails to make arrangements for or to meet the cost of
repatriation of seafarers who are entitled to be repatriated:
- (a) the competent authority of the Member whose flag the ship
flies shall arrange for repatriation of the seafarers concerned;
if it fails to do so, the State from which the seafarers are to
be repatriated or the State of which they are a national may
arrange for their repatriation and recover the cost from the
Member whose flag the ship flies;
- (b) costs incurred in repatriating seafarers shall be
recoverable from the shipowner by the Member whose flag the ship
flies;
- (c) the expenses of repatriation shall in no case be a charge
upon the seafarers, except as provided for in paragraph 3 of
this Standard.
- 6. Taking into account applicable international instruments, including
the International Convention on Arrest of Ships, 1999, a Member which
has paid the cost of repatriation pursuant to this Code may detain, or
request the detention of, the ships of the shipowner concerned until the
reimbursement has been made in accordance with paragraph 5 of this
Standard.
- 7. Each Member shall facilitate the repatriation of seafarers serving on
ships which call at its ports or pass through its territorial or
internal waters, as well as their replacement on board.
- 8. In particular, a Member shall not refuse the right of repatriation to
any seafarer because of the financial circumstances of a shipowner or
because of the shipowner’s inability or unwillingness to replace a
seafarer.
- 9. Each Member shall require that ships that fly its flag carry and make
available to seafarers a copy of the applicable national provisions
regarding repatriation written in an appropriate language.
Standard A2.5.2 – Financial security
- 1. In implementation of Regulation 2.5, paragraph 2, this Standard
establishes requirements to ensure the provision of an expeditious and
effective financial security system to assist seafarers in the event of their
abandonment.
- 2. For the purposes of this Standard, a seafarer shall be deemed to
have been abandoned where, in violation of the requirements of this
Convention or the terms of the seafarers’ employment agreement, the
shipowner:
- (a) fails to cover the cost of the seafarer’s repatriation; or
- (b) has left the seafarer without the necessary maintenance and support; or
- (c) has otherwise unilaterally severed their ties with the seafarer including
failure to pay contractual wages for a period of at least two months.
- 3. Each Member shall ensure that a financial security system meeting
the requirements of this Standard is in place for ships flying its flag. The
financial security system may be in the form of a social security scheme or
insurance or a national fund or other similar arrangements. Its form shall
be determined by the Member after consultation with the shipowners’ and
seafarers’ organizations concerned.
- 4. The financial security system shall provide direct access, sufficient
coverage and expedited financial assistance, in accordance with this Standard,
to any abandoned seafarer on a ship flying the flag of the Member.
- 5. For the purposes of paragraph 2(b) of this Standard, necessary
maintenance and support of seafarers shall include: adequate food,
accommodation, drinking water supplies, essential fuel for survival on board
the ship and necessary medical care.
- 6. Each Member shall require that ships that fly its flag, and to which
paragraph 1 or 2 of Regulation 5.1.3 applies, carry on board a certificate
or other documentary evidence of financial security issued by the financial
security provider. A copy shall be posted in a conspicuous place on board
where it is available to the seafarers. Where more than one financial security
provider provides cover, the document provided by each provider shall be
carried on board.
- 7. The certificate or other documentary evidence of financial security
shall contain the information required in Appendix A2-I. It shall be in
English or accompanied by an English translation.
- 8. Assistance provided by the financial security system shall be granted
promptly upon request made by the seafarer or the seafarer’s nominated
representative and supported by the necessary justification of entitlement in
accordance with paragraph 2 above.
- 9. Having regard to Regulations 2.2 and 2.5, assistance provided by
the financial security system shall be sufficient to cover the following:
- (a) outstanding wages and other entitlements due from the shipowner to
the seafarer under their employment agreement, the relevant collective
bargaining agreement or the national law of the flag State, limited to
four months of any such outstanding wages and four months of any such
outstanding entitlements;
- (b) all expenses reasonably incurred by the seafarer, including the cost of
repatriation referred to in paragraph 10; and
- (c) the essential needs of the seafarer including such items as: adequate
food, clothing where necessary, accommodation, drinking water
supplies, essential fuel for survival on board the ship, necessary medical
care and any other reasonable costs or charges from the act or omission
constituting the abandonment until the seafarer’s arrival at home.
- 10. The cost of repatriation shall cover travel by appropriate and
expeditious means, normally by air, and include provision for food and
accommodation of the seafarer from the time of leaving the ship until arrival
at the seafarer’s home, necessary medical care, passage and transport of
personal effects and any other reasonable costs or charges arising from the
abandonment.
- 11. The financial security shall not cease before the end of the period
of validity of the financial security unless the financial security provider has
given prior notification of at least 30 days to the competent authority of the
flag State.
- 12. If the provider of insurance or other financial security has made
any payment to any seafarer in accordance with this Standard, such provider
shall, up to the amount it has paid and in accordance with the applicable
law, acquire by subrogation, assignment or otherwise, the rights which the
seafarer would have enjoyed.
- 13. Nothing in this Standard shall prejudice any right of recourse of
the insurer or provider of financial security against third parties.
- 14. The provisions in this Standard are not intended to be exclusive or
to prejudice any other rights, claims or remedies that may also be available
to compensate seafarers who are abandoned. National laws and regulations
may provide that any amounts payable under this Standard can be offset
against amounts received from other sources arising from any rights, claims
or remedies that may be the subject of compensation under the present
Standard.
Guideline B2.5 – Repatriation
Guideline B2.5.1 – Entitlement
- 1. Seafarers should be entitled to repatriation:
- (a) in the case covered by Standard A2.5, paragraph 1(a),
upon the expiry of the period of notice given in accordance
with the provisions of the seafarers’ employment
agreement;
- (b) in the cases covered by Standard A2.5, paragraph 1(b)
and (c):
- (i) in the event of illness or injury or other
medical condition which requires their repatriation
when found medically fit to travel;
- (ii) in the event of shipwreck;
- (iii) in the event of the shipowner not being able
to continue to fulfil their legal or contractual
obligations as an employer of the seafarers by
reason of insolvency, sale of ship, change of ship’s
registration or any other similar reason;
- (iv) in the event of a ship being bound for a war
zone, as defined by national laws or regulations or
seafarers’ employment agreements, to which the
seafarer does not consent to go; and
- (v) in the event of termination or interruption of
employment in accordance with an industrial award or
collective agreement, or termination of employment
for any other similar reason.
- 2. In determining the maximum duration of service periods on board
following which a seafarer is entitled to repatriation, in
accordance with this Code, account should be taken of factors
affecting the seafarers’ working environment. Each Member should
seek, wherever possible, to reduce these periods in the light of
technological changes and developments and might be guided by any
recommendations made on the matter by the Joint Maritime
Commission.
- 3. The costs to be borne by the shipowner for repatriation under
Standard A2.5 should include at least the following:
- (a) passage to the destination selected for repatriation in
accordance with paragraph 6 of this Guideline;
- (b) accommodation and food from the moment the seafarers
leave the ship until they reach the repatriation
destination;
- (c) pay and allowances from the moment the seafarers leave
the ship until they reach the repatriation destination, if
provided for by national laws or regulations or collective
agreements;
- (d) transportation of 30 kg of the seafarers’ personal
luggage to the repatriation destination; and
- (e) medical treatment when necessary until the seafarers are
medically fit to travel to the repatriation
destination.
- 4. Time spent awaiting repatriation and repatriation travel time
should not be deducted from paid leave accrued to the
seafarers.
- 5. Shipowners should be required to continue to cover the costs of
repatriation until the seafarers concerned are landed at a
destination prescribed pursuant to this Code or are provided with
suitable employment on board a ship proceeding to one of those
destinations.
- 6. Each Member should require that shipowners take responsibility
for repatriation arrangements by appropriate and expeditious means.
The normal mode of transport should be by air. The Member should
prescribe the destinations to which seafarers may be repatriated.
The destinations should include the countries with which seafarers
may be deemed to have a substantial connection including:
- (a) the place at which the seafarer agreed to enter into the
engagement;
- (b) the place stipulated by collective agreement;
- (c) the seafarer’s country of residence; or
- (d) such other place as may be mutually agreed at the time
of engagement.
- 7. Seafarers should have the right to choose from among the
prescribed destinations the place to which they are to be
repatriated.
- 8. The entitlement to repatriation may lapse if the seafarers concerned
do not claim it within a reasonable period of time to be defined by national
laws or regulations or collective agreements, except where they are held
captive on or off the ship as a result of acts of piracy or armed robbery against
ships. The terms piracy and armed robbery against ships shall have the same
meaning as in Standard A2.1, paragraph 7.
Guideline B2.5.2 – Implementation by Members
- 1. Every possible practical assistance should be given to a seafarer
stranded in a foreign port pending repatriation and in the event of
delay in the repatriation of the seafarer, the competent authority
in the foreign port should ensure that the consular or local
representative of the flag State and the seafarer’s State of
nationality or State of residence, as appropriate, is informed
immediately.
- 2. Each Member should have regard to whether proper provision is
made:
- (a) for the return of seafarers employed on a ship that
flies the flag of a foreign country who are put ashore in a
foreign port for reasons for which they are not responsible:
- (i) to the port at which the seafarer concerned was
engaged; or
- (ii) to a port in the seafarer’s State of
nationality or State of residence, as appropriate;
or
- (iii) to another port agreed upon between the
seafarer and the master or shipowner, with the
approval of the competent authority or under other
appropriate safeguards;
- (b) for medical care and maintenance of seafarers employed
on a ship that flies the flag of a foreign country who are
put ashore in a foreign port in consequence of sickness or
injury incurred in the service of the ship and not due to
their own wilful misconduct.
- 3. If, after young seafarers under the age of 18 have served on a
ship for at least four months during their first foreign-going
voyage, it becomes apparent that they are unsuited to life at sea,
they should be given the opportunity of being repatriated at no
expense to themselves from the first suitable port of call in which
there are consular services of the flag State, or the State of
nationality or residence of the young seafarer. Notification of any
such repatriation, with the reasons therefor, should be given to the
authority which issued the papers enabling the young seafarers
concerned to take up seagoing employment.
Guideline B2.5.3 – Financial security
- 1. In implementation of paragraph 8 of Standard A2.5.2, if time is
needed to check the validity of certain aspects of the request of the seafarer
or the seafarer’s nominated representative, this should not prevent the
seafarer from immediately receiving such part of the assistance requested as
is recognized as justified.
Regulation 2.6 – Seafarer compensation for the ship’s loss or foundering
Purpose: To ensure that seafarers are compensated when a ship is lost or has
foundered
- 1. Seafarers are entitled to adequate compensation in the case of injury,
loss or unemployment arising from the ship’s loss or foundering.
Standard A2.6 – Seafarer compensation for the ship’s loss or foundering
- 1. Each Member shall make rules ensuring that, in every case of loss or
foundering of any ship, the shipowner shall pay to each seafarer on
board an indemnity against unemployment resulting from such loss or
foundering.
- 2. The rules referred to in paragraph 1 of this Standard shall be
without prejudice to any other rights a seafarer may have under the
national law of the Member concerned for losses or injuries arising from
a ship’s loss or foundering.
Guideline B2.6 – Seafarer compensation for the ship’s loss or foundering
Guideline B2.6.1 – Calculation of indemnity against unemployment
- 1. The indemnity against unemployment resulting from a ship’s
foundering or loss should be paid for the days during which the
seafarer remains in fact unemployed at the same rate as the wages
payable under the employment agreement, but the total indemnity
payable to any one seafarer may be limited to two months’
wages.
- 2. Each Member should ensure that seafarers have the same legal
remedies for recovering such indemnities as they have for recovering
arrears of wages earned during the service.
Regulation 2.7 – Manning levels
Purpose: To ensure that seafarers work on board ships with sufficient personnel
for the safe, efficient and secure operation of the ship
- 1. Each Member shall require that all ships that fly its flag have a
sufficient number of seafarers employed on board to ensure that ships are
operated safely, efficiently and with due regard to security under all
conditions, taking into account concerns about seafarer fatigue and the
particular nature and conditions of the voyage.
Standard A2.7 – Manning levels
- 1. Each Member shall require that all ships that fly its flag have a
sufficient number of seafarers on board to ensure that ships are
operated safely, efficiently and with due regard to security. Every ship
shall be manned by a crew that is adequate, in terms of size and
qualifications, to ensure the safety and security of the ship and its
personnel, under all operating conditions, in accordance with the
minimum safe manning document or an equivalent issued by the competent
authority, and to comply with the standards of this Convention.
- 2. When determining, approving or revising manning levels, the competent
authority shall take into account the need to avoid or minimize
excessive hours of work to ensure sufficient rest and to limit fatigue,
as well as the principles in applicable international instruments,
especially those of the International Maritime Organization, on manning
levels.
3. When determining manning levels, the competent authority
shall take into account all the requirements within Regulation 3.2 and
Standard A3.2 concerning food and catering.
Guideline B2.7 – Manning levels
Guideline B2.7.1 – Dispute settlement
- 1. Each Member should maintain, or satisfy itself that there is
maintained, efficient machinery for the investigation and settlement
of complaints or disputes concerning the manning levels on a
ship.
- 2. Representatives of shipowners’ and seafarers’ organizations
should participate, with or without other persons or authorities, in
the operation of such machinery.
Regulation 2.8 – Career and skill development and opportunities for seafarers’ employment
Purpose: To promote career and skill development and employment opportunities
for seafarers
- 1. Each Member shall have national policies to promote employment in the
maritime sector and to encourage career and skill development and greater
employment opportunities for seafarers domiciled in its territory.
Standard A2.8 – Career and skill development and employment opportunities for seafarers
- 1. Each Member shall have national policies that encourage career and
skill development and employment opportunities for seafarers, in order
to provide the maritime sector with a stable and competent
workforce.
- 2. The aim of the policies referred to in paragraph 1 of this Standard
shall be to help seafarers strengthen their competencies, qualifications
and employment opportunities.
- 3. Each Member shall, after consulting the shipowners’ and seafarers’
organizations concerned, establish clear objectives for the vocational
guidance, education and training of seafarers whose duties on board ship
primarily relate to the safe operation and navigation of the ship,
including ongoing training.
Guideline B2.8 – Career and skill development and employment opportunities for seafarers
Guideline B2.8.1 – Measures to promote career and skill development and employment opportunities for seafarers
- 1. Measures to achieve the objectives set out in Standard A2.8 might
include:
- (a) agreements providing for career development and skills
training with a shipowner or an organization of shipowners;
or
- (b) arrangements for promoting employment through the
establishment and maintenance of registers or lists, by
categories, of qualified seafarers; or
- (c) promotion of opportunities, both on board and ashore,
for further training and education of seafarers to provide
for skill development and portable competencies in order to
secure and retain decent work, to improve individual
employment prospects and to meet the changing technology and
labour market conditions of the maritime industry.
Guideline B2.8.2 – Register of seafarers
- 1. Where registers or lists govern the employment of seafarers,
these registers or lists should include all occupational categories
of seafarers in a manner determined by national law or practice or
by collective agreement.
- 2. Seafarers on such a register or list should have priority of
engagement for seafaring.
- 3. Seafarers on such a register or list should be required to be
available for work in a manner to be determined by national law or
practice or by collective agreement.
- 4. To the extent that national laws or regulations permit, the
number of seafarers on such registers or lists should be
periodically reviewed so as to achieve levels adapted to the needs
of the maritime industry.
- 5. When a reduction in the number of seafarers on such a register or
list becomes necessary, all appropriate measures should be taken to
prevent or minimize detrimental effects on seafarers, account being
taken of the economic and social situation of the country
concerned.
