Employment Laws For Seafarers: Understanding Your Rights

Employment laws for workers on ships are determined by the country whose flag the ship sails under, and the laws of the country in which the ship is registered. This means that workers' rights can vary from ship to ship. In the European Union, the Maritime Labour Convention (MLC-2006) ensures decent working and living conditions for all seafarers, regardless of their nationality, and fair competition conditions for operators. In the United States, the Department of Labor administers and enforces federal labor laws, such as the Fair Labor Standards Act and the Occupational Safety and Health Act.

Working hours and rest periods

The working hours and rest periods of crew members on ships vary depending on the ship's country of origin and the employee's contract. Internationally, the standard working hours for staff on board a seagoing ship are 8 hours per day, with one day of rest per week and additional rest on public holidays. The Maritime Labour Convention (MLC-2006), adopted by the International Labour Organisation (ILO), ensures decent working and living conditions on board for all seafarers, regardless of nationality and the flag of the ship. However, labour rights are often disrespected in the cruise ship industry, with staff working up to 14 hours a day, seven days a week. This is due to the fact that many cruise ships are registered in countries with more relaxed labour laws, such as the Bahamas or Panama, allowing companies to take advantage of more favourable tax conditions.

According to EU rules, the maximum working hours for seafarers must not exceed 14 hours in any 24-hour period and 72 hours in any 7-day period. The minimum rest time cannot be less than 10 hours in a 24-hour period and 77 hours in a 7-day period. These rest periods can be divided into a maximum of two parts, with one of the periods lasting at least 6 hours, and the interval between rest periods not exceeding 14 hours. Additionally, crew members are entitled to a minimum of 2.5 calendar days of paid annual leave per month. It is the responsibility of the employer to keep a record of daily hours worked and rest periods taken, providing each staff member with a copy endorsed by the master of the ship and the employee.

In the United States, the Fair Labor Standards Act prescribes standards for wages and overtime pay, affecting most private and public employment. Employers are required to pay covered employees who are not exempt at least the federal minimum wage and overtime pay of one-and-one-half times the regular rate. The Act also restricts the hours that children under 16 can work in nonagricultural operations and forbids the employment of children under 18 in certain dangerous jobs. Similar regulations apply to agricultural operations, prohibiting the employment of children under 16 during school hours and in hazardous jobs.

It is important to note that employment laws can vary from one ship to another, and employees may have limited rights or recourse against their employers. Therefore, it is crucial for individuals to carefully review their employment contracts before signing to fully understand their rights.

Health and safety

Safe Working Practices

Operators of seagoing ships are responsible for upholding safety standards and codes of practice. This includes ensuring the safety of machinery and equipment, conducting regular risk assessments, and providing protective clothing and equipment. Additionally, ships must adhere to the permit to work system, which mandates that seafarers obtain written permission from a senior officer before undertaking hazardous tasks such as working at height or with boilers.

Training and Information

Workers are entitled to receive basic health and safety training. This training covers topics such as emergency procedures, use of protective equipment, and hazard identification. It is important that workers understand their rights and responsibilities regarding health and safety, and they have the right to refuse to work in unsafe conditions.

Every ship must have a written health and safety policy that outlines how health and safety will be managed on board. This policy should be easily accessible to all workers and provide clear guidance on expected practices and procedures.

Display of Safety Signs

Certain health and safety signs are mandatory on ships, such as emergency escape routes and danger warning signs. These signs must meet legal requirements and be displayed permanently in prominent locations.

Workplace Hazards

Federal law entitles maritime workers to a safe workplace, and employers are responsible for maintaining a hazard-free environment. Workers have the right to speak up about health and safety concerns without fear of retaliation. This includes the right to refuse to work in situations where they believe they would be exposed to hazardous conditions.

Personal Protective Equipment

Employers are required to provide personal protective equipment (PPE) to their employees when necessary for their safety and health. This equipment may include items such as gloves, harnesses, lifelines, protective helmets, eye protection, and more, depending on the specific hazards present.

The Occupational Safety and Health Administration (OSHA) sets and enforces protective workplace safety and health standards. These standards cover various aspects of maritime work, including shipyards, marine terminals, and longshoring. OSHA conducts inspections and investigations to ensure compliance with these standards, and employers may face penalties for violations.

Whistleblower Protections

Workers are protected by law if they raise concerns about health and safety in the workplace. It is illegal for an employer to retaliate against an employee who complains to OSHA or exercises their legal rights. If retaliation occurs, workers can file a whistleblower complaint within a specified timeframe.

In summary, health and safety laws and regulations for workers on ships are comprehensive and stringent. These laws aim to protect maritime workers from hazards, provide them with the necessary training and equipment, and establish clear standards and policies for safe working practices. By upholding these health and safety measures, operators of seagoing ships can help ensure the well-being and security of their crew.

Employment contracts

In the European Union, labour laws, equality laws, and non-discrimination laws apply to seafarers, and there are additional measures in place to prevent accidents caused by human error. The Maritime Labour Convention (MLC-2006) ensures decent working and living conditions on board for all seafarers, regardless of their nationality or the flag of the ship. It also promotes fairer conditions of competition for operators who respect the rules and are often disadvantaged by substandard shipping. The MLC-2006 has been transposed into EU law through the Council Directive 2009/13/EC, which amends the previous legislation on seafarers' working time.

According to EU rules, the standard working hours for staff on board a seagoing ship are 8 hours per day, with one day of rest per week and additional rest on public holidays. The maximum working hours must not exceed 14 hours in any 24-hour period and 72 hours in any 7-day period. The minimum rest time cannot be less than 10 hours in any 24-hour period and 77 hours in any 7-day period. The master of the ship can request that a crew member works additional hours if necessary, for example, for the safety of the ship or to assist other ships in distress.

In the United States, the Department of Labor administers and enforces more than 180 federal laws, covering workplace activities for about 165 million workers. The Fair Labor Standards Act (FLSA) prescribes standards for wages and overtime pay, requiring employers to pay covered employees at least the federal minimum wage and overtime pay of one-and-one-half times the regular rate. The FLSA also restricts the hours that children under 16 can work in non-agricultural operations and forbids the employment of children under 18 in certain dangerous jobs. The Occupational Safety and Health (OSH) Act is another key piece of legislation, ensuring safe and healthy working conditions in most private industries.

It is important to note that cruise ship crews are usually very international, with up to 80 countries of origin represented on board. The specific employment laws that apply will depend on the country where the ship is registered and the individual's employment contract.

Social security

The MLC also dictates that ratifying countries must choose at least three types of social security protection from its list. These include:

• Unemployment benefit
• Employment injury benefit
• Invalidity benefit

In Belgium, for example, seafarers are subject to a special social security regime, and registration is compulsory for those wishing to be employed in merchant shipping. This regime covers illness and disability insurance, as well as pension entitlements.

Despite these protections, seafarers often face obstacles when trying to access social security. This is due to the nature of their work, which often crosses borders and jurisdictions. The International Social Security Association (ISSA) highlights the challenges in achieving universal social protection for seafarers, who make up a very small fraction of the global workforce.

The MLC has abandoned the 'flag state' principle, which allocated all matters on a ship to the law of the country whose flag the ship flies. Instead, it has moved towards a ''residence principle,' which places labour-supplying countries at the centre of a seafarer's right to social security. This shift aims to improve administrative efficiency and enhance coordination between institutions responsible for social security contributions and personal income tax in cross-border situations.

While the MLC provides an international framework, the implementation and coordination of social security protections for seafarers remain challenging. The COVID-19 pandemic has further impacted this, with seafarers facing extended periods at sea, stranded on ships, and vulnerable to social and economic risks.

Minimum wage

The minimum wage for workers on ships is determined by the country in which the ship is registered, also known as the registry of the ship. This is because employment laws vary from one ship to another, depending on where it is from. For example, a ship registered in the United States must follow US labor laws, such as the Fair Labor Standards Act (FLSA), which sets the minimum salary for cruise ships. As of 2020, the minimum wage was $7.25 per hour. However, during the first 90 days of employment, this minimum wage does not apply to exempt workers, including executives, babysitters, companions for the elderly, and anyone under 20 years of age. Additionally, federal wage laws make an exception for tipped employees, who are defined as those earning more than $30 a month in tips. In such cases, employers must pay at least $2.13 an hour.

Similarly, ships registered in other countries are subject to their respective labor laws. For instance, the International Labour Organization (ILO) has established a recommended global minimum wage for seafarers, known as the ILO Minimum Wage. This wage is periodically reviewed by the ILO Joint Maritime Commission (JMC), which includes representatives from both employers and seafarers' unions. As of January 1, 2020, the ILO Minimum Wage for the rating grade of Able Seafarer, formally known as Able Seaman (AB), was $625 per month. It is important to note that this only covers basic wages and does not include overtime payments or other mandatory entitlements.

The ILO Minimum Wage serves as a strong moral authority and is often referenced by national courts, particularly in developing countries. While it is not directly relevant to seafarer grades other than Able Seafarers, it plays a crucial role in collective bargaining negotiations and ensures that seafarers receive a minimum level of compensation for their work.

It is worth noting that labor rights violations have been reported in the cruise ship industry, with long working hours and low pay being common issues. The salaries on cruise ships often do not meet the standards of regulations set by countries in the European Union, as many of these ships are registered in countries with more lenient labor laws, such as the Bahamas or Panama. This allows cruise ship companies to reduce personnel costs significantly.

To address these concerns, organizations like the Cruise Lines International Association (CLIA) have been working to improve working conditions and attract more staff. As a result, it has become increasingly challenging to find staff for cruise ships, leading to a need for more attractive employment conditions and an improved employer image in the industry.

Frequently asked questions