Q8 (10 Marks) International Conventions 🔥 Repeated 4x in exams
SSEP • Written Exam

With Reference to the Maritime Labour Convention (MLC) 2006, discuss the requirements for seafarers regarding:

(a) Young Seafarers onboard ships

(b) Repatriation

(c) Seafarer wages

Appeared In: Sep 2025Oct 2019Mar 2019Sep 2018

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Maritime Labour Convention (MLC) 2006 Requirements for Seafarers

(a) Young Seafarers Onboard Ships

The MLC 2006 contains provisions to safeguard seafarers under the age of 18. These requirements are designed to protect their health, safety, and well-being.

  • Minimum Age: No one under 16 years old can be employed on a ship. In some cases, national laws might set a higher minimum age.
  • Prohibition of Night Work: Seafarers under 18 generally cannot work at night. Limited exceptions are permitted for approved training that doesn't jeopardize their health or well-being.
  • Protection from Hazardous Work: It's forbidden to employ seafarers under 18 in any work that could endanger their health or safety, as defined by national laws.
  • Repatriation of Unsuited Young Seafarers: Young seafarers under 18 who, on their first foreign voyage, are found to be unsuited to life at sea are entitled to repatriation at no expense after at least four months of service.
  • Special Consideration: When regulating working and living conditions, special attention must be given to the unique needs of seafarers under 18.

(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.
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