Seafarers' Rights under MLC 2006

As ITF describes it, the Convention covers all commercial seagoing ships in international waters or sailing between ports of different countries, except fishing vessels, warships and ships of traditional build. But a seafarer gets the rights it provides through the law of the flag state: it is the member state that must ensure they are implemented through its laws, collective agreements or other measures. MLC requirements apply on ships flying the flags of states that have ratified the Convention.

One nuance works in the seafarer's favour even on ships under "other" flags. Ships of states that have not ratified the Convention must not receive more favourable treatment than ships of states that have, so a port state inspection in a ratifying state checks them on the same basis.

The terms of employment are set out in a clear written legally enforceable agreement — the seafarers' employment agreement (SEA); before signing, the seafarer must be given an opportunity to examine it and seek advice. The agreement is signed by both the seafarer and the shipowner or the shipowner's representative, and each party keeps a signed original. Clear information about the conditions of employment must be easily obtainable on board, and a copy of the agreement must be accessible for review by inspectors, including in ports of call. If the agreement is not in English, an English copy of the standard form of the agreement and of the parts of the collective agreement subject to port state inspection must be kept on board, except on ships engaged only in domestic voyages.

Standard A2.1 sets the list of mandatory particulars — from the position and wages to the conditions of termination, health protection and the entitlement to repatriation. If even one item is missing from the contract, that is a reason to ask the crewing agency before signing, not after.

The minimum notice period for early termination is set by the flag state, and it may not be shorter than seven days — this is a floor, not an "MLC norm". Shorter notice or termination without notice is possible in cases recognized by the law of the flag state or a collective agreement; in determining them, the state must take into account the seafarer's need to terminate the agreement without penalty for compassionate or other urgent reasons. The agreement continues to have effect while the seafarer is held captive as a result of piracy or armed robbery against ships, even if its term has expired.

Together with a copy of the agreement, every seafarer receives a copy of the on-board complaint procedures — with contact details of the competent authority of the flag state and of the seafarer's country of residence, and the name of the person on board who can give confidential, impartial advice. Both documents should be in your hands. What happens when it is the seafarer, not the shipowner, who breaches the agreement is a separate topic covered in the article on liability for breaching a seafarer's contract.

All seafarers are paid for their work regularly and in full in accordance with their agreements. Payments are made at intervals of no more than one month. Every month the seafarer receives an account of payments: what was earned, what was paid, additional payments and the exchange rate if paid in another currency.

The shipowner provides a means of transmitting all or part of the wages to the seafarer's family (allotment) — regularly, on time and directly to the nominated person. The charge for the transfer must be reasonable, and the exchange rate must be the market or official rate and not unfavourable to the seafarer. During captivity as a result of piracy, wages and other entitlements under the agreement, including allotments, continue to be paid until release and repatriation. What to do if wages have not been paid is covered in the article on how much seafarers earn.

A seafarer has the right to be repatriated at no cost to themselves, and the flag state requires ships to provide financial security for this. The right arises when the agreement expires while the seafarer is abroad, when it is terminated by the shipowner or by the seafarer for justified reasons, and when the seafarer is no longer able to carry out their duties.

The maximum duration of service on board after which the seafarer is entitled to repatriation is set by the flag state and must be less than 12 months. The shipowner may not require the seafarer to make an advance payment towards repatriation at the start of employment. Recovering the cost of repatriation from the seafarer's wages or other entitlements is also prohibited — except where the seafarer has been found to be in serious default of their employment obligations.

If the shipowner fails to arrange repatriation, the flag state does so; if the flag state also fails, the state from which the seafarer is to be repatriated or the state of the seafarer's nationality may arrange it and recover the cost from the flag state, and the flag state recovers it from the shipowner; the cost is not passed on to the seafarer, except in the case of serious default mentioned above. Repatriation may not be refused because of the shipowner's financial circumstances or the shipowner's unwillingness to replace the seafarer. A copy of the national provisions on repatriation in an appropriate language must be kept on board.

A seafarer is considered abandoned if the shipowner fails to cover the cost of repatriation, has left the seafarer without the necessary maintenance and support, or has otherwise unilaterally severed ties — including failing to pay wages for at least two months. Necessary maintenance means food, accommodation, drinking water, essential fuel for survival on board and medical care.

The Maritime Labour Certificate and the Declaration of Maritime Labour Compliance are mandatory for ships of 500 gross tonnage or over on international voyages. Such ships also carry a certificate of financial security for abandonment cases — a copy is posted in a conspicuous place, in English or with an English translation.

The security covers outstanding wages and entitlements for up to four months, all expenses reasonably incurred by the seafarer, including repatriation, and essential needs until arrival home. Four months is the limit of the insurance cover only; it does not write off the shipowner's debt. The cost of repatriation includes travel by appropriate and expeditious means, normally by air, food and accommodation from the time of leaving the ship until arrival home, medical care and the transport of personal effects. Assistance is provided promptly upon request by the seafarer or their representative.

ITF advises acting quickly: the insurer's certificate is posted on board in English with contact details, the insurer can be contacted by the seafarer, the family or an ITF inspector, and if you wait six months, you will only be paid for four.

The first level is the ship. Every ship must have procedures for the fair, effective and expeditious handling of seafarers' complaints alleging breaches of the Convention. The procedure shall seek to resolve complaints at the lowest level possible, but the seafarer always has the right to complain directly to the master and, where they consider it necessary, to external authorities. The seafarer has the right to be accompanied or represented, and victimization for filing a complaint is prohibited and penalized. The on-board procedure does not take away the right to seek redress through any legal means. The model procedure that MLC recommends as guidance: a complaint to the head of the seafarer's department or to their superior officer, then to the master in person, all complaints and decisions recorded with a copy to the seafarer, and anything unresolved referred to the shipowner ashore.

The second level is the port. A foreign ship in a port of a ratifying state may be inspected for compliance with MLC, including seafarers' rights. The Maritime Labour Certificate and the Declaration of Maritime Labour Compliance are accepted as prima facie evidence, so an inspection is generally limited to reviewing them, except in cases specified in the Code. A seafarer on a ship in a port of a ratifying state has the right to report a complaint alleging a breach of MLC in order to obtain a prompt and practical means of redress. An authorized port officer conducts an initial investigation, checks whether the on-board procedure has been used and may carry out a more detailed inspection. The officer seeks to promote a resolution of the complaint at ship level; if it is not resolved, the officer immediately notifies the flag state and asks for advice and a corrective plan within a set deadline; appropriate steps are taken to safeguard the confidentiality of complaints.

The third level is the flag state. It checks its ships through a system of regular inspections. On receiving a complaint that it does not consider manifestly unfounded, the flag state must investigate it and ensure that deficiencies are remedied. Its inspectors may prohibit a ship from leaving port in the event of a serious breach of seafarers' rights; the source of the complaint is kept confidential, and the shipowner is not told that the inspection was prompted by a complaint.

ITF. The International Transport Workers' Federation has more than 140 inspectors and contacts in more than 50 countries; an inspector can be found through the Look Up section of the website or in the ITF Seafarers app. There you can also see, by the ship's IMO number, whether it is covered by an ITF agreement and who signed it, and for ships without a valid ITF agreement, details of the latest ITF inspections. For an urgent problem on board or in port, contact the nearest inspector or email the seafarers' support team. If you cannot find an inspector, the support team is available at seafsupport@itf.org.uk, as well as on a WhatsApp/Viber/SMS line whose number is published on the ITF contacts page. Separate addresses: abandonment@itf.org.uk — for abandonment; jobscam@itf.org.uk — for crewing agencies that charge recruitment fees and for fake vacancies.

MTWTU. The Marine Transport Workers' Trade Union of Ukraine describes itself as the only ITF maritime member organization in Ukraine that concludes ITF and IBF (International Bargaining Forum) standard collective agreements. According to the union itself, an ITF inspector works in Ukraine and can be contacted about unpaid wages, breaches of the agreement, repatriation, medical care, contract advice and ship checks. The inspector can inspect ships, record claims, put pressure on the shipowner, advise and contact flag state authorities and embassies, but cannot find a seafarer a job, guarantee that they keep it or always get access to the ship. MTWTU LAW HUB lawyers support union members free of charge in obtaining qualification documents — this concerns documents, not labour disputes.

The state. The Consular Service Department of the Ministry of Foreign Affairs was created to protect the rights and interests of Ukrainian citizens abroad, and the Ministry runs a hotline for crisis situations. The Shipping Administration of Ukraine accepts citizens' appeals — electronic appeals, personal reception, a contact centre; its appeals section has no separate form for seafarers' complaints against shipowners.

The abandonment database. There is a joint ILO/IMO database of cases of abandonment of seafarers, which is updated regularly. ITF keeps its own list of abandoned ships, all cases are passed on to the ILO database, and the open cases of 2026 include crews with Ukrainian citizens.

On travelling abroad under martial law, military registration, documents, psychological support and free legal aid, the website already has a separate article on support for seafarers.

The Merchant Shipping Code of Ukraine provides that the legal status of the crew of a ship flying the flag of Ukraine is governed by Ukrainian law; on a ship under a foreign flag in the territorial sea or internal waters of Ukraine — by the law of the flag state and the agreements between the shipowner and the crew, unless an international treaty of Ukraine provides otherwise. Hiring procedures, rights and duties, working and pay conditions and grounds for dismissal are governed by legislation, international treaties of Ukraine, the Code, tariff agreements, and collective and employment agreements.

For ships flying the flag of Ukraine, the Code provides for repatriation at the shipowner's expense on dismissal at the owner's initiative, illness and injury, loss of the ship, or the shipowner's inability to perform their obligations — to the port under the contract or the port of hiring, covering travel, accommodation, food, wages, baggage and medical treatment. The list of cases here is narrower than in MLC, and it applies under the Ukrainian flag. The shipowner of such a ship must ensure safe working conditions and hours, health protection for the crew, sufficient food and water, and proper accommodation on board. A seafarer may be stripped of a rank and have a diploma or qualification certificate withdrawn only by a court decision.

For those who need to know the Convention systematically, the AVANT training centre runs an "MLC 2006 Practical Compliance" course. For the conditions, format, duration and programme, see the course page.