Panama clears its position concerning the measures taken on the extension of seafarers’ employment agreement, by highlighting that they have taken the appropriate measures to keep seafarers safe.
To remind, in a tweet Mark Dickinson, the general secretary of UK trade union Nautilus International published an image revealing that Panama enables the extension of seafarer contracts; The extension means some ships will sail with seafarers who will have worked eight months beyond the maximum period specified under the Maritime Labour Convention.
After criticism from Nautilus, the Panama Maritime Authority informed that it has responsibly adopted various actions with the purpose of establishing mechanisms, procedures, instructions, administrative measures and communications, which serve as a basis to minimize the risks and impact on seafarers, particularly as regards to the impossibility of replacing crews on board ships, as well as in the maritime industry, within the protocols established by international organizations, including the declarations and guidelines issued by the International Maritime Organization (IMO) regarding the worldwide health emergency derived from the COVID-19 pandemic.
Seafarers’ welfare remains a priority for the Authority, as they have already conducted crew changes and their first “Isthmic Transshipment” operation amid COVID-19 which consists of 91 crewmembers of about 25 nationalities onboard the Carnival Miracle Cruise, in efforts to repatriate the crew to their home.
A measure taken by the Panamanian Maritime Administration, like most ship registries worldwide, has been to authorize exceptions to standard A2.4, paragraph 3, of the Maritime Labor Convention (MLC, 2006), of which Panama is a signatory, and allow the extension of seafarers’ employment agreements for a period that exceeds eleven (11) months of service, within specific limits, complying with the established requirements, in the context of a public health emergency, such as the need to curb the current COVID-19 pandemic. The extension of the period of provision of services on board for more than eleven (11) months is only allowed with the prior authorization of the Administration when it is strictly necessary and documents are presented to show that the repatriation has not been carried out at the expiration of its contract.
Following, the Administration modifies the measures expressed above, to highlight their initial purpose, which has always been and will continue to be the protection of seafarers, through the formal extension of employment agreements for seafarers, complying with the requirements established by the Administration, such as the express consent of both parties (seafarers and ship owners), with the purpose to ensure that the crew is protected under a legal figure in which the conditions of employment are maintained and the labor benefits of seafarers are guaranteed, like the payment of their wages, annual paid vacations, overtime pay, medical attention on board and on land, their repatriation, among others, as established by the MLC 2006, which are elements considered as vital at the moment.
The Panamanian Maritime Administration will remain vigilant that the rights of seafarers are fulfilled,
… the statement concluded.
