Terms and conditions for seafarers’ employment under the MLC

Liberia Maritime Authority published a marine notice, explaining the terms and conditions for employment of seafarers under the Maritime Labour Convention (MLC), 2006.

Seafarers | 05/02/21

As the authority explained, this notice sets forth the Administration’s terms and conditions for seafarers to work on a ship under the Maritime Labour Convention (MLC), 2006, having due regard to seafarers’ rights to fair terms of employment, decent working and living conditions, elimination of fatigue amongst seafarers and the safety of life, ship and cargo and protection of the environment.

The definitions that have been taken from the MLC, 2006 and where necessary, Liberian National interpretations, are the following:

• Armed robbery against ships

Any illegal act of violence or detention or any act of depredation, or threat thereof, other than an act of piracy, committed for private ends and directed against a ship or against persons or property on board such a ship, within a State’s internal waters, archipelagic waters and territorial sea, or any act of inciting or of intentionally facilitating an act described above.

• Basic pay or wages

The pay, however composed, for normal hours of work, it does not include payments for overtime worked, bonuses, allowances, paid leave or any other additional remuneration.

• Consolidated wage

The wage or salary which includes the basic pay and other pay-related benefits; a consolidated wage may include compensation for all overtime hours worked and all other pay-related benefits, or it may include only certain benefits in a partial consolidation.

• Hours of Rest

Time outside hours of work; this term does not include short breaks.

• Hours of Work

Time during which seafarers are required to do work on account of the ship

• Overtime

Time worked in excess of the normal hours of work.

• Piracy

Any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft and directed: a) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft. b) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State.

Among other terms of seafarers' employment, there is the sector of repatriation, where all seafarers shall be entitled to repatriation:

1. Upon termination of the period of employment by reason of completion of the voyage for which the seafarer was engaged or of expiration of the seafarers’ contract period of employment, to the port at which the seafarer was engaged, or to such other port as may be agreed upon.

2. In the event of disabling sickness or injury, while a seafarer is on board a ship under signed Shipping Articles (Seafarers Employment Agreement) or off the vessel pursuant to an actual mission assigned to the seafarer, by the master or by the authority of the master, to the port at which the seafarer was engaged, or to such other port as may be agreed upon.

3. Upon being abandoned by the master or shipowner in a foreign port or place without being brought back to the place as required under the Shipping Articles (Seafarers Employment Agreement).

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