Comprising several different actors and stakeholders in an international setting, as well as falling into global and regional regulatory frameworks, shipping can be considered as a complex industry requiring extensive knowledge from anyone desiring to be a part of it. So, what are the vital issues that seafarers have in mind when starting their career in a pluralist sector?
Seafarers’ welfare: Adopted by the International Labour Organization (ILO), the Maritime Labour Convention (MLC), 2006, is the holy Bible of crews’ wellbeing, establishing minimum working and living standards for all seafarers working on ships flying the flags of ratifying countries. The Convention covers almost every aspect of their work and life onboard, varying from hours of rest to payment of wages and health and safety protection. Also under the MLC, seafarers are entitled to a minimum of 2.5 days per month paid annual leave and, furthermore, the Convention’s guidance is that public or customary holidays should not be count towards that allowance. The ILO’s dedicated MLC blog is a useful point of reference.
Hours of rest: As seafarers do not leave their working environment at the end of the working day, ensuring efficient hours of rest is very important and sometimes challenging. Under MLC, the minimum requirement for hours of rest provided should be:
- 10 hours in any 24-hour period, which may be divided into no more than 2 periods, one of which shall be at least 6 hours in length, and no more than 14 hours between any consecutive periods; and
- 77 hours in any 7-day period.
Accordingly, requirements on working hours are as follows:
- 8 hours per day, under normal circumstances, with 1 day as a rest day;
- A maximum of 14 hours in any 24-hour period; and
- A maximum of 72 hours in a 7-day period.
Piracy, High Risk Areas and War Zones: Piracy is not a movie storyline but a vivid threat affecting seafarers, with IMB’s latest report recording 37 incidents in Q1 2022. Warlike and High-Risk areas are parts of the world where safety and life risks due to war, military tension, hostilities or piracy cause immediate danger to visiting ships and crews. For all vessels covered by IBF and TCC agreements, seafarers are entitled to be informed at the time of assignment if the vessel is bound for or may enter any Warlike Operations or High-Risk area. According to ITF, if a vessel enters a Warlike Operations Area, the seafarer:
- has the right not to proceed to such area and is entitled to repatriation at the Company’s cost.
- Is entitled to double compensation for disability and death.
- Is entitled to be paid a bonus equal to 100% of the daily basic wage for the duration of the ship’s stay – subject to a minimum of 5 days’ pay.
- Has the right to accept or decline an assignment in a Warlike Operations area without risking losing his/her employment or suffering any other effects.
In December 2020, the MLC 2018 amendments entered into force, ensuring that seafarers held captive as a result of acts of piracy or armed robbery against ships will continue to receive their wages and entitlements.
Cases of sickness or injury onboard: The Shipowner is liable to bear the costs for seafarers working on their vessels in cases of sickness and injury while onboard, including:
- compensation in case of death or long-term disability of seafarers due to an occupational injury, illness or hazard, medical treatment;
- expenses of the necessary medicines and therapeutic appliances, and burial expenses; and
- burial expenses in case of death occurring onboard.
Where the sickness or injury results in incapacity for work, the shipowner shall be liable:
#1 to pay full wages provided the sick or injured seafarer remains onboard or until the seafarer has been repatriated, and
#2 to pay wages in whole or in part as prescribed by national laws or regulations or as provided for in collective agreements from the time when seafarers are repatriated or landed until their recovery or, if earlier, until they are entitled to cash benefits under national legislation.
The Global Integrated Shipping Information System: Managed by IMO, GISIS is the informational data hub for the global shipping industry, including many different aspects, i.e., from piracy reports to port reception facilities data and from regulatory updates to useful contact points.
The role of shipping unions: The complexity of shipping as an industry, mostly derived from its international nature, means that seafarers may sometimes find themselves in need for help or guidance. For instance, there have been not few reported cases of seafarers being abandoned onboard in a port far from home, due to the shipowner’s financial difficulties. What can be done if the shipowner does not undertake the responsibility of paying the owned wages or compensate the seafarers’ tickets back home? Enrolling with seafarers’ unions may be a useful way to get informed in stressing matters regarding your human rights or regulatory constraints. Unions do not only assist in legal issues but may also provide financial support, i.e., during the difficult times of the pandemic which left thousands of crews trapped onboard for months and thousands of seafarers unable to join ships.
Gender equality: Female seafarers account for about 2% of global seafarer workforce, making diversity a continuously relevant topic of discussion across shipping. Anyone considering taking their first steps in shipping should have in mind the industry’s efforts – led by IMO – towards a more diverse working environment with the inclusion of, not only more women, but also of people of any other gender. In the latest of IMO initiatives, the IMO set the International Day for Women in Maritime on 18 May. Find more here.
Helplines for seafarers: A Seafaring career comes with many challenges; due to the demanding nature of this work, that requires seafarers to leave their beloved ones back home for long time, people onboard may sense feelings such as loneliness and depression. In this context, industry has shed its focus on crew mental health and while there are several companies that have their own employee support helplines, they are many organizations that provide different useful services, including emotional support 24hours a day. These are available for seafarers wishing to talk to someone wherever they are in the world. In any case, maritime stakeholders are continuously raising awareness on the issue, to encourage seafarers to feel free to contact the helplines and/or seek for a mental health professional.
