Ten years after the seafarers’ charter was introduced, employment expert Blair Adams says shipowners must go beyond its basic requirements.
Blair Adams, partner at UK law firm Hill Dickinson, told TradeWinds the Maritime Labour Convention (MLC) has been successful, but extra protections are still needed in seafarer contracts.
He said the convention’s requirements have become standard practice.
However, he believes its baseline position is not a comprehensive statement of all the rights and duties that a shipowner may want to include in a seafarer’s employment agreement (SEA).
The MLC enshrines crew members’ rights to regular wages, access to money transfer facilities, proper rest periods, holiday pay, repatriation agreements and onboard medical care.
“While the MLC is a sufficient starting point, there are other duties a shipowner may want to include in a SEA, to account for regional disparities and the evolving requirements of employment rights,” Adams said.
In some cases, the MLC permits local variations between ratifying countries. A common example is holiday pay, where specific local advice on rights afforded by the flag state may be necessary.
The lawyer said owners should also consider confidentiality terms that protect the privacy rights of owners, passengers and other crew members.
Also, SEA does not contain any terms about fitness to work, the use of alcohol and other legal or illegal substances, or obligations on seafarers to submit to health checks or testing, he pointed out.
Complex questions
Then there are questions of maternity, paternity or adoption rights.
“Understanding if a seafarer has such rights, whether a right to leave or pay, will involve looking at the jurisdictional matrix, including factors such as their country of residence, the flag state of the vessel and governing law of the SEA,” Adams said.
Finally, the MLC does not give seafarers protection against unfair dismissal or discrimination, which is where the local law position becomes relevant.
“The requirements for seafarer documentation under the MLC are now well established,” he said.
“However, most owners and operators will want to use a form of SEA that has additional protections. The issue of wider seafarer rights under UK law is complex and needs to be considered on a case-by-case basis.”
