My modules›M15 Law and watchkeeping›27. Leadership, teamwork, fatigue and seafarers' rights (MLC)
See units

Leadership, teamwork, fatigue and seafarers' rights (MLC)

6 lessons
No notes
Law and watchkeeping≈ 3 min read

Seafarers' rights under the MLC, from the officer's side

1The lesson in plain words

In one sentence

As an officer you have MLC rights yourself and help apply them for your team: contract, pay, leave, repatriation, care and complaints.

Contract and pay

Every seafarer has a signed seafarer employment agreement (SEA) and time to review it. A record of employment shows service but not the quality of work or wages. Wages are paid at least monthly, with a monthly account. Allotments let you send part of your wages to family. Leave is at least 2.5 calendar days per month of service. Shore leave supports health and well-being and must be granted consistently with your position's operational requirements.

Repatriation

The shipowner pays for repatriation when the SEA ends or is terminated for justified reasons, and when a seafarer can no longer work. It may not ask for an advance. The maximum service period before repatriation is less than 12 months. The 2022 amendments, in force since 23 December 2024, require states to facilitate prompt repatriation. Seafarers must not be held on board because a state blocks their travel.

Financial security

The 2014 amendments, in force since 18 January 2017, require financial security on every ship. One part covers abandonment: the owner fails to pay repatriation, leaves the crew without food, water, accommodation or medical care, or does not pay wages for at least two months. It covers up to four months of outstanding wages, repatriation and essential needs. Another covers contractual claims for death or long-term disability from occupational injury, illness or hazard. Certificates of both are posted on board.

Living and care

The master or an authorised person inspects accommodation frequently and records results; follow your flag's interval. Food and drinking water are free, good quality and inspected. The 2022 amendments require social connectivity, contact with people ashore, and properly fitting protective equipment. Guidance recommends internet access where reasonably practicable. Medical care is free; urgent cases are disembarked promptly. Ships with 100 or more persons on international voyages over three days carry a doctor.

Complaints

Every ship has an on-board complaint procedure. Seafarers may complain directly to the master and, where they consider it necessary, to outside authorities. They may be accompanied or represented. Victimisation for complaining is forbidden. They get the contact details of the flag and home-country authorities, and the name of someone on board who gives confidential, impartial advice. Port states also run an onshore complaint procedure.

2Key data

Annual leave
At least 2.5 calendar days per month of service
Max service before repatriation
Less than 12 months (national law sets it)
Abandonment cover
Up to 4 months' wages, repatriation, essential needs
Abandonment trigger (wages)
Contractual wages unpaid for at least 2 months
2014 amendments
In force 18 January 2017 (financial security)
2022 amendments
In force 23 December 2024

3Key points

  1. 1

    SEA, monthly wages and account, allotments, leave of 2.5 days per month, shore leave.

  2. 2

    Repatriation at the owner's cost, no advance; service under 12 months.

  3. 3

    Financial security: abandonment (up to 4 months' wages) and death or long-term disability.

  4. 4

    Frequent, recorded accommodation inspections, free food and water, social connectivity, medical care.

  5. 5

    On-board complaints to the master or outside, with no victimisation.

4Frequent mistakes

  • Wrong: A seafarer must first complain to the head of department and may never go outside the ship.

    Right: The procedure aims to settle complaints at the lowest level, but seafarers may complain directly to the master and outside authorities.

  • Wrong: If the owner stops paying, the crew must wait for a court case.

    Right: Wages unpaid for two months can count as abandonment. The financial security provider then pays up to four months' wages and repatriation.

5Practice case & exam keys

Situation

Your ship has been under arrest for six weeks. Wages for the last two months are unpaid, the owner no longer answers, and provisions run low. A rating asks you, the second officer, what the crew can do. How do you answer?

Show the answer

Unpaid wages for two months and the owner cutting contact can be abandonment under the MLC. The ship must carry a financial security certificate for abandonment, posted on board. With the master, contact the provider named on it; the crew can also request help directly. They may complain to the port state and the flag state. The ITF and unions can help. The provider covers up to four months' wages, repatriation and essentials.

Exam keys

  • MLC Title 2: SEA, wages, leave (2.5 days/month), repatriation (< 12 months, owner's cost).
  • 2014 amendments: financial security for abandonment and for death/long-term disability.
  • 2022 amendments (in force 23 Dec 2024): prompt repatriation, social connectivity, PPE, food and water.
  • On-board and onshore complaint procedures; no victimisation.

Finish this unit

When you've read it, answer three questions. Get all three right to finish the unit; opening the page alone doesn't count.

My notes for this unit

No notes