The Maritime industry moves over 80% of the global trade and seafarers play a crucial role in keeping the world economy afloat. Despite this, seafarers often face complex employment conditions. Being employed in the maritime industry is unique because the employment extends over multiple jurisdictions, the seafarers spend long periods away from home and they work under pressure. Therefore, in order to protect the rights of seafarers one must have a clear understanding of both international standards and applicable national laws.
What is the Maritime Labour Convention (MLC)?
The MLC is known as the fourth pillar of international maritime regulation. It sets minimum working and living standards for seafarers on commercial vessels. For ships registered under the Maltese flag, the MLC is implemented through national legislation, ensuring compliance with both international and Maltese maritime law.
What are the Minimum Requirements for seafarers to work on a Maltese-flagged vessel?
Seafarers must be at least 16 years old to work on a ship and at least 18 years old if the work consists of night work and hazardous tasks. Additionally, all seafarers must hold a valid medical certificate confirming their fitness for duties at sea and they must be certified according to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) for their position on board.
What is a Seafarer Employment Agreement (SEA) and what must it include?
A Seafarer Employment Agreement is a legally binding employment contract between the seafarer and employer. For MLC Compliance in Malta, it must clearly outline:
- the duration of the contract, whether for a definite or an indefinite period
- the amount of wages and payment method
- the hours of work and hours of rest,
- the termination and repatriation rights
- the seafarer’s entitlement to annual leave and how this can be used.
How and when must Seafarers wages be paid under Maltese Maritime Law?
Seafarers must be paid on a monthly basis and the Seafarer Employment Agreement must specify the payment method (cash or card). The Employer should provide the Seafarer with be a monthly account of all payments due and the amounts paid, including wages, additional payments, permitted/statutory deductions and the rate of exchange used where payment has been made in a currency different from that agreed upon.
What are legal limits on hours of work and rest for seafarers?
Seafarers are entitled to a minimum rest of 10 hours in any 24-hour period which can be divided into no more than two periods, one of which must be at least 6 hours and a minimum of 77 hours of rest in any 7-day period.
What notice must be given for termination of a Seafarer Employment Agreement?
The minimum amount of notice period each party is required to give to terminate employment is seven days. However, the Seafarer Employment Agreement can be terminated at shorter notice or without a notice period altogether if the seafarer and employer agree that this is acceptable, when the Seafarer needs to terminate employment due to compassionate and urgent reasons, when the seafarer’s conduct can endanger the vessel or any person on board, and if the seafarer is injured.
How much leave are Seafarers entitled to on Maltese-flagged vessels?
Seafarers are entitled to 2.5 days of annual leave per month. Additionally, they are entitled to all national and public holidays.
What standards apply to accommodation and food onboard for seafarers?
Seafarers are entitled to suitable accommodation on board the vessel and when this is unavailable or unusable (such as when the vessel is undergoing repairs or refurbishment) the Employer must make alternative suitable accommodation of at least an equivalent standard available. Food and potable water must also be supplied at the expense of the Employer except when the seafarer is on paid holidays.
When is a seafarer entitled to repatriation at the employer’s expense?
Seafarers are entitled to repatriation at the employer’s expense in the following circumstances:
- in accordance with the Seafarer’s annual contractual repatriation entitlement
- when this agreement expires or is terminated;
- in the event of an illness, injury or other medical condition for which the Seafarer requires repatriation, (when medically fit to do so);
- the ship is proceeding to a Warlike Operations Area/war zone without the Seafarer’s consent;
- when the Seafarer needs to terminate the agreement for compassionate reasons;
- in consequence of the actual or constructive total loss of the vessel or of a major casualty rendering the vessel unseaworthy and necessitating the signing off of the crew;
- in the event that the Seafarer is no longer able to carry out her/his duties under the
- Seafarer’s Employment Agreement or the Seafarer cannot reasonably be expected to do so;
- in the event of the Employer not being able to continue to fulfil their legal or contractual
- obligations as an employer of seafarers by reason of insolvency, sale of the ship or change in ship’s registration;
What are the seafarers’ rights to medical care and social security protection?
Seafarers must have access to prompt and adequate medical care on board and ashore and medical equipment and trained personnel must be made available to the seafarer. The Employer is liable to cover the medical care, sickness benefits and wages in the event of an illness or injury related to the seafarer’s service on board the vessel. The MLC also requires that seafarers are covered by adequate social security protections including medical care, sickness, unemployment, and injury whilst in employment.
The MLC provides a high standard of protection for seafarers globally. However, its effectiveness depends on proper implementation by Flag states and the proactiveness of compliance by shipowners, operators and crewing agencies.
At Mifsud and Mifsud Advocates, our Maritime lawyers advise clients on MLC Compliance, assist in resolving employment disputes and draft MLC compliant Seafarer Employment Agreements. If you require guidance on seafarer employment rights under Maltese maritime law, contact our Maritime Department.
For more information you can contact one of our Team Members at Mifsud & Mifsud Advocates.
