(a) Seafarers’ Employment Agreements (SEAs)

The MLC 2006 requires that seafarers’ employment conditions are clear, fair, transparent, and legally enforceable.

Key Requirements

• Written agreement:
  • Every seafarer must have a written SEA, signed by both the seafarer and the shipowner or representative.
  • Oral agreements are not permitted.
• Language and accessibility:
  • The SEA must be written in a language understood by the seafarer.
  • The seafarer must be given a signed copy and allowed to review it before signing.

  Mandatory Contents of an SEA

  • Seafarer’s full name, date of birth/age, and place of birth
  • Shipowner’s name and address
  • Date and place of signing the agreement
  • Capacity and duties of the seafarer
  • Wages or method of calculating wages
  • Paid annual leave or method of calculation
  • Termination conditions, including notice period
  • Health and social security protection, including:
    • Medical care
    • Sickness and injury benefits
    • Compensation for death or disability
  • Repatriation entitlements
  • Reference to Collective Bargaining Agreement (CBA), if applicable

  Additional Provisions

  • The applicable CBA must be available onboard, where relevant.
  • The SEA must contain a fair and effective dispute resolution mechanism.
  • Any SEA term less favourable than MLC provisions is null and void.

    (b) Repatriation

    The MLC 2006 guarantees a seafarer's right to repatriation, ensuring they can return home at no cost under specific circumstances.

    • Entitlement: Seafarers are entitled to be repatriated at no cost in the following situations:
      • Expiration of their employment agreement.
      • Termination of the agreement by the shipowner.
      • Justified termination by the seafarer.
      • Inability to perform duties due to illness, injury, or shipwreck.
    • Maximum Service Period: The maximum period a seafarer can serve before becoming entitled to repatriation must be less than 12 months.
    • Repatriation Costs: The shipowner is responsible for all costs, which include: travel, accommodation, food, pay, luggage transport (up to 30kg), and any necessary medical treatment to ensure fitness for travel.
    • Financial Security: Flag states are required to ensure shipowners have financial security in place to cover repatriation costs, especially in cases of abandonment where the owner fails to pay wages for at least two months or meet other obligations.
    • Choice of Destination: Seafarers can choose their repatriation destination from several options: the place of engagement, a collectively agreed-upon location, their country of residence, or another mutually agreed-upon place.

    (c) Seafarers' Wages

    The MLC 2006 sets clear rules for how and when seafarers must be paid, aiming to ensure timely and fair compensation.

    • Regular Payment: Wages must be paid at least monthly, in accordance with any applicable collective bargaining agreements.
    • Monthly Accounts: Seafarers have the right to receive a detailed monthly account of their earnings, including wages, additional payments, and exchange rates used.
    • Allotments: Shipowners must provide a way for seafarers to send a portion of their earnings to their families or dependents, typically through regular bank transfers.
    • Reasonable Charges and Exchange Rates: Any service charges for allotments must be reasonable, and the exchange rate used should be the prevailing market or official rate, not one that disadvantages the seafarer.
    • Wages during Captivity: In cases of piracy or armed robbery, seafarers' wages and other entitlements must continue to be paid while they are in captivity until they are released and repatriated or until their death.