CHAPTER6: MARITIME LABOUR LAW The employment relationship of the crew and the ship owner has long been governed by national maritime employment laws of the flag state. Even in some jurisdictions such as France the maritime employment law is older than the terrestrial employment law. Owing to the peculiarity of maritime employment situation, distinct rules of maritime labor are developed independently of the general labor law.

Cont… Maritime nations, protecting their own interest as well as seafarers, have required the fulfillment of certain labor standards such as proper employment contracts, safety and health measures, medical care at sea and social security.

Cont… Seamen are laborers of special class whose relationship with the shipowner is principally governed by Seamen’s Article of Agreement

Cont… The articles of agreement contains particulars indicating: (1) whether the employment is for a definite/indefinite period or for a voyage; (2) the capacity in which the seaman is to be employed;

Cont… (3) the place at which and the date on which the employment agreement was concluded; (4) the method of remuneration; and (5) the amount of wages.

Cont… Today’s world shipping industry is a sophisticated and complex operation requiring highly trained seafarers to operate state-of-the-art equipment. The fact that most of the accidents that happen at sea are due to human error has forced many maritime nations to think of legislative conditions that govern seafarer’s training and certification.

Cont… The exercise of a mariner’s duty on merchant vessels is not allowed, unless certain statutory conditions are complied with. Art. 14, Maritime Sector Administration Proclamation prohibits persons from engaging in as seafarer on board any marine vessel unless he/she has obtained an authorization granted by the Maritime Affairs Authority.

Cont… The statutory condition concerns all mariners including seamen and masters as well. Life at sea is less pretty. Moreover, seafarers are one of the main victims of labor exploitation.

Cont… Pay and employment conditions have remained unsatisfactory despite the fact that sea transport represents for many countries the most important mode of transport for trade. Studies show that many shipping companies do not obey labor laws and governments are not interested in enforcing them.

Cont… The flag of convenience phenomenon has also played its role in aggravating the situation. The personnel of flag of convenience vessels have in various instances been given lower than average standards.

Cont… Ensuring respect for basic labour rights and decent working conditions for all world’s seafarers (which at the moment are estimated over 1.2 million) has long been a universal agenda.

Cont… With the view to influence both the terms of collective agreements and national maritime labor legislation, the International Labor Organization has, since 1920, adopted over 60 maritime labour standards.

Cont… These standards include a multitude of questions including minimum age of entry to employment, medical examination, holidays with pay, social security, hours of work and rest periods, identity documents, welfare at sea and in ports, continuity of employment and vocational training and certificates of competency.

Cont… The Merchant Shipping (Minimum Standards) Convention, 1976 is an important international maritime labour instrument which sets out the minimum internationally acceptable standards for living and working conditions on board ships. Unfortunately, many shipping nations are not party to this and any of the other international maritime labour conventions. Neither most of the standards set in the instruments have been domesticated.

Cont… In many jurisdictions, seamen who suffer injuries or become ill while in the service of the ship are entitled to the remedy of maintenance and cure. The doctrine of maintenance and cure is rooted in the Rules of Oleron promulgated in about 1160 A.D and now encompasses three distinct remedies: (1) maintenance; (2) cure; and (3) wages.

Cont… The obligation of “maintenance” requires the shipowner to provide a seaman with his basic living expenses while he is convalescing. The obligation to “cure”, on the other hand, requires a shipowner to provide medical care, free of charge, to a seamen injured in the service of the ship.

Cont… In addition to providing maintenance and cure, an employer must also pay to the seaman wages that would have been earned during the time of illness or injury.

Cont… The shipowner is not, however, always obliged to afford medical treatment. In particular, where the injury or sickness is due to indiscipline, misconduct, drunkenness or in the case of congenital disease such as insanity or epilepsy, or in the case of disease of venereal origin sickness expenses advanced by the shipowner are chargeable to the account of the injured or sick seaman. Moreover, the cost of treatment will no longer be due if the injury or sickness has become incurable.

Review Questions 1 1. Why is certification of seamen required? 2. Do you think port state control will help fair maritime labour practice? How? 3. What do you think would the rationale justifying the exemption of seafarers’ income from taxes be? Why is this benefit not available for terrestrial employees?

Cont… 4. How is marine environment and safety protected through legislative requirements that concern laborers? 5. What does working environment at sea make different from the conditions on any terrestrial setting?