Seafarers are among the most internationally mobile workers in the world, often serving on vessels flagged in one country, owned by a company in another, and operating in the waters of many others. When their rights are violated, enforcing those rights requires an understanding of the applicable legal framework and the practical mechanisms available to them.
This article explains the rights that seafarers have under Indian law and under international conventions applicable in India, and how those rights can be enforced.
The Maritime Labour Convention 2006
The Maritime Labour Convention 2006 (MLC), often described as a bill of rights for seafarers, is the most comprehensive international instrument governing seafarer employment conditions. India ratified the MLC in 2015, and it applies to Indian-flagged vessels and to the treatment of seafarers serving on them.
The MLC sets minimum standards for seafarers' employment agreements, wages, hours of work and rest, accommodation, recreational facilities, food and catering, health protection, medical care, welfare, and social security protection. Vessels that ratified state parties flag must carry an MLC certificate demonstrating compliance with these standards.
When an MLC-certified vessel calls at an Indian port, Indian port state control officers have the authority to inspect the vessel for MLC compliance and, where serious deficiencies are found, to detain the vessel until those deficiencies are remedied.
Wage Claims
Unpaid wages are the most common complaint made by seafarers. Under the Merchant Shipping Act 1958, seafarers have a maritime lien for unpaid wages. A maritime lien attaches to the vessel itself and travels with the vessel, meaning it survives a change of ownership. A seafarer owed unpaid wages can apply to a High Court exercising admiralty jurisdiction to arrest the vessel and claim against it for unpaid wages.
The maritime lien for seafarer wages has priority over most other claims against a vessel, including mortgages and general creditors. This priority reflects the importance that maritime law places on protecting those who serve on vessels.
Seafarers who are owed unpaid wages and whose vessel is in an Indian port should act quickly. Once the vessel sails, the opportunity to arrest it in that jurisdiction is lost. If there is reason to believe that the vessel may depart before a claim can be filed, immediate legal advice should be sought to explore whether an emergency arrest application is possible.
Repatriation
Seafarers have a right to repatriation at the shipowner's expense when their employment contract ends, when the vessel is in a port other than their home country. The MLC sets out the circumstances in which the right to repatriation arises and requires shipowners to provide or pay for repatriation to the seafarer's country of residence.
Cases of seafarers being abandoned on vessels — where the shipowner stops paying wages and fails to repatriate the crew — have unfortunately been a recurring problem in international shipping. In such cases, the MLC requires that the flag state and port state step in to repatriate the crew and recover the costs from the shipowner.
India's Directorate General of Shipping has dealt with several cases of vessel abandonment in Indian ports and has the authority to take action to secure the repatriation of abandoned seafarers.
Employment Agreements
Under the MLC and the Merchant Shipping Act, every seafarer must have a written seafarer employment agreement (SEA) that sets out their wages, hours of work, leave entitlements, conditions for termination, and other key terms. The SEA must be signed by both the seafarer and the shipowner or their representative before the seafarer joins the vessel.
An employment agreement that does not comply with MLC minimum standards is not enforceable to the extent of the non-compliance. Seafarers served with agreements containing below-minimum wages or excessive working hours should be aware that these terms may not be binding on them.
Hours of Work and Rest
The MLC sets limits on hours of work and minimum hours of rest for seafarers. The maximum hours of work are 14 hours in any 24-hour period and 72 hours in any seven-day period. The minimum hours of rest are 10 hours in any 24-hour period and 77 hours in any seven-day period. These limits exist because fatigue is a major cause of maritime accidents, and overworked seafarers pose a safety risk to themselves, their crewmates, and the vessel.
Falsification of rest hour records is an offence and a ground for detention of a vessel in port. Port state control inspectors pay close attention to rest hour records as part of their MLC inspections.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. It does not create a lawyer-client relationship. For advice specific to your situation, please consult a qualified legal professional. LawCite Advocates is a law firm registered in India.