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Q2 (20 Marks) International Conventions 🔥 Repeated 2x in exams
SSEP • Written Exam

With regard to minimum requirements for seafarers to work on a ship, as per MLC 2006, Write short notes on the following:

(a) Seafarers’ employment agreements (5)

(b) Entitlement to leave and repatriation

(c) Seafarer compensation in the event of a ship’s loss or foundering (5)

(d) Career and skill development (5)

Appeared In: Jan 2025Mar 2023

✓ Verified Model Answer (Text Solution)

Structured for DG Shipping MEO Class II examination scoring criteria.

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Write short notes on the following regarding minimum requirements for seafarers to work on a ship, per MLC 2006:

Part (a)

Seafarers' employment agreements (SEA)

Part (b)

Entitlement to leave and repatriation

Part (c)

Seafarer compensation in the event of a ship's loss or foundering

Part (d)

Social security

(Refer to detailed answers elsewhere for the SEA contents.)

Part (a)

SEA (MLC Standard A2.1): Every seafarer must have a written SEA, signed by the seafarer and the shipowner/representative, containing the essential particulars (name, dates, shipowner, capacity, wages/formula, leave entitlement/formula, repatriation terms, reference to CBA, health/social security benefits, period of notice/grounds for termination, the seafarer's rights on illness/injury/death, hours of work/rest). The agreement must be in a language the seafarer understands (with an English version where the ship is international), a copy must be carried, be clear and fair, and provide for at least the MLC minimums. It establishes contractual rights for wages, leave, repatriation and protection.

Part (b)

Entitlement to leave and repatriation (Regulations 2.4 and 2.5): Seafarers are entitled to paid annual leave (a minimum of 2.5 calendar days per month of employment? - Standard A2.4.1: at least 2.5 calendar days per month or equivalent), in addition to leave on public holidays/paid; annual leave must not be offset against shore leave; seafarers must also get "shore leave" when the ship is in port. Repatriation: seafarers have the right to be repatriated at the shipowner's expense when their service ends (by expiry of the contract, termination by the shipowner, illness/injury incapacitating them, ship's loss or destruction, transfer to a port, or bankruptcy); the destination is usually the port of engagement, their home country, or the agreed place; the shipowner bears the costs (travel, accommodation, medical), and no charge is made to the seafarer; the right continues even if the seafarer is dismissed for certain reasons.

Part (c)

Compensation in the event of ship loss or foundering (Regulation 2.6): Shipowners must compensate seafarers for unemployment resulting from loss or foundering of the ship or from injury/sickness; the compensation is to be at least equal to the wages otherwise due for the balance of the employment period (or the period of unemployment) - providing a minimum that wages continue for the time for which the seafarer was under contract; the shipowner must secure seafarers against loss of the ship by guaranteeing the payment (commonly through the "Shipowners' mutual"/P&I cover) and must free them of the obligation to contribute; the seafarer may be entitled to continued wages or four weeks/separation according to the flag law or CBA.

Part (d)

Social security (Regulation 4.5): Seafarers are entitled to social security protection no less favourable than shoreside workers, including benefits for medical care, sickness, unemployment, old age, employment injury, maternity, family and invalidity; whether the shipowner provides insurance (e.g. through the flag State's scheme or via CBA/P&I cover) must be documented (an insurance document or evidence) for ships of 500 GT + on international voyages, and seafarers are to be covered by a social security protection of at least the type stated in their SEA and DMLC; where a flag State scheme is not applicable, the shipowner provides private insurance providing equivalent cover.

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