In cases where it is not possible to change the crew due to the restrictions posed by coronavirus outbreak, relevant administrations should consider appropriate to extend the seafarers period of service onboard, the Panama Maritime Authority advised in a new Marine Notice.
Coronavirus outbreak has caused over 1,300 deaths and a massive uncertainty across the global trade, with WHO declaring a state of global health emergency.
With extensive travel restrictions to and within China, moving personnel has become more difficult, and ports outside of China are carefully scrutinizing seafarers who have recently visited affected areas.
In those cases where it is not possible to change the crew due to this situation, this Administration should consider appropriate to make an exemption to Standard A2.4.3, and Standard A2.5.1.2(b) of the MLC, 2006, as amended, in order to extend the seafarers period of service onboard, due to the WHO global health emergency which stated:
- Standard A2.4 – Entitlement to leave
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3. Any agreement to forgo the minimum annual leave with pay prescribed in this Standard, except in cases provided for by the competent authority, shall be prohibited.
- Standard A2.5.1 – Repatriation
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2.Each Member shall ensure that there are appropriate provisions in its laws and regulations or other measures or in collective bargaining agreements, prescribing:
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(b) the maximum duration of services periods on board following seafarer is entitled to repatriation – such periods to be less that 12 months; …
In those cases where the exemption is required, please be informed that by the end of the extension provided all the seafarers will have the right to have their annual leave with pay, and to be duly repatriated, as prescribed by the Standard A2.4.3, and Standard A2.5.1.2(b) of the Maritime Labour Convention, 2006, as amended, accordingly.
Finally, be informed that the exemption given through this Marine Notice will be reviewed within a period of one month, in which it will be decide whether the exemption granted is maintained or terminated.
Seafarers who are exceeding their contract and cannot be repatriated due to the lack of reliever plus the travel restriction due to covid-19, will they be entitled for extra compensation (extra payment on top of the salary stipulated in the SEA) for serving beyond their actual contract?
Due to corona issue the staff on ships are facing unprecedented time , we are facing difficulty in disembarkments of staff as ports/ air tickets not available.
The staff are on employment contract for (6-8 months) we have to terminate their contract earlier than the agreed end date and send them home safely.
1-Do we need to follow 7 days notice period for contract termination?( as the date / port/ air ticket are uncertain during the lockdown)
2-Do we need to pay them for their remaining contract period?( no of days left on their contract or pay until their last date onboard).
4-whats the payment terms for ending contract during this emergency(lockdown) period.
3- we have an clause on the employment contract stating that we will pay 50% of salary for the remaining period ( in case of early termination) can we follow it?
4- Is there a max limit of salary to be paid incase of early termination of contract?