GovWire

Summary

This notice provides information on the circumstances in which shipowners are required to repatriate seafarers under the merchant shipping (maritime labour convention) (minimum requirements for seafarers etc.) regulations 2014, and the provision that must be made, including the seafarers relief and maintenance whilst awaiting and during repatriation.

Shipowners must have financial security in place to ensure that repatriation can take place.

The MLC minimum requirements regulations implement the provisions of the International Labour Organization Maritime Labour Convention, 2006 governing the repatriation of seafarers.

For the ships to which the MLC minimum requirements regulations apply, these provisions supersede those in the merchant shipping (repatriation) regulations 1979 which have been amended by the merchant shipping (maritime labour convention) (consequential and minor amendments) regulations 2014.

Ships and other vessels not subject to the MLC minimum requirements regulations will remain subject to the provisions of the merchant shipping (repatriation) regulations 1979.

Amendment 1 refers to the guidance in MGN 477 amendment 4 on the maximum period of sea service, includes additional guidance on the costs of quarantine, and other minor editorial changes for clarification.

1. Introduction

1.1 The merchant shipping (maritime labour convention) (minimum requirements for seafarers etc.) regulations 2014 (the MLC minimum requirements regulations) give effect to the provisions of regulation 2.5, standard A2.5 and (where applicable) guideline B2.5 of the International Labour Organization (ILO) Maritime Labour Convention, 2006 (the MLC) relating to the repatriation of seafarers.

1.2 The MLC minimum requirements regulations supersede the merchant shipping (repatriation) regulations 1979, in respect of the ships to which they apply, and require shipowners to ensure that any seafarer employed on a UK registered ship is repatriated at no cost to themselves in the circumstances and under the conditions, set out in the regulations, and explained in this marine guidance note (MGN). In addition, owners of ships registered in the UK are required to provide financial security covering their duty to repatriate in order to ensure that seafarers employed on those ships are duly repatriated.

2. Application

2.1 The MLC minimum requirements regulations apply to all seafarers on UK registered ships, yachts and other vessels which operate commercially. Seafarer in this context means any person, including the master, who is employed or engaged or who works in any capacity on board a ship, and whose normal place of work is on a ship. See MGN 471(M) amendment 1 for further guidance on who is a seafarer. The MLC minimum requirements regulations do not however apply to the following categories of vessels:

a) pleasure vesselsb) fishing vesselsc) ships of traditional buildd) warships or naval auxiliariese) vessels not engaged in commercial activities

With the exception of warships, which are not subject to merchant shipping legislation, employers of seafarers on these ships will remain subject to the merchant shipping (repatriation) regulations 1979 (SI 1979/97).

3. Duty to repatriate seafarers

3.1 The MLC minimum requirements regulations place a duty on shipowners to make provision for the repatriation of a seafarer (whether they are an employee or not) as soon as is practicable and at no cost to the seafarer in the following circumstances:

a) where the Seafarer Employment Agreement (SEA) expiresb) when the SEA is terminated by the shipownerc) when the SEA is terminated by the seafarer in accordance with the terms of their SEAd) when the seafarer is no longer able to carry out their duties under their SEA or cannot be expected to carry them out in the specific circumstances.

3.2 The specific circumstances referred to in paragraph 3.1(d) include the following:

a) where the seafarer has an illness, injury or other medical condition which requires their repatriation when found medically fit to travelb where the seafarer has been shipwreckedc) where the shipowner is not able to fulfil their legal or contractual obligations towards the seafarer by reason of insolvency, sale of the ship, or a change in the ships registrationd) where the ship is bound for a war zone to which the seafarer does not consent to go. In this context, what constitutes a war zone may be defined in the seafarers SEA or by the Warlike Operations Area Committeee) where the seafarer has completed the maximum period of service on board following which the seafarer is entitled to repatriation in accordance with the SEAf) where the SEA is terminated pursuant to an order of a court or tribunal

There may be instances where a seafarer gives a notice period less than that specified in their SEA because of extenuating personal reasons or for other justified reasons. In such circumstances the shipowner may agree to release the seafarer, without penalty for breach of their obligations under their SEA and may well also agree to repatriate them at no cost to the seafarer. Given that what constitutes extenuating personal reasons or other justified reasons may vary between shipowners it is suggested that this is something that might usefully be made clearer in the seafarers SEA.

1. The MLC Minimum Requirements Regulations provide that entitlement to repatriation shall arise following the expiry of the maximum service period set out in a seafarers SEA (see Part 4, and Schedule 1 of those Regulations). The maximum service period is a matter for agreement between the shipowner and the seafarer but may not exceed 365 days minus the 38 days statutory paid leave (see Merchant Shipping Notice MSN 1842(M)). Currently the maximum period of service permitted before a seafarer is entitled to repatriation in order to take leave is therefore 327 days per annum, but this should not be regarded as the standard period of service and shipowners are encouraged to, wherever possible, repatriate seafarers for leave at lesser intervals. In exceptional circumstances, if the service period exceeds 11 months the shipowner must notify the MCA in accordance with section 8 of MGN 477 Amendment 4.
2. Time spent awaiting repatriation, and repatriation travel time, should not be deducted from paid leave accrued by the seafarer except where any delay in repatriation, or breaks in travel, are at the request of the seafarer.