One of the MLC's most important protections: seafarers have a right to be repatriated at no cost to themselves in the circumstances set out in the Code (Regulation 2.5).
When?
- When your agreement expires while you are abroad;
- When it is terminated by the shipowner, or by you for justified reasons;
- When you can no longer carry out your duties, or cannot be expected to in the circumstances.
Guideline B2.5.1 gives examples: illness or injury (once fit to travel), shipwreck, the shipowner's insolvency, sale of the ship or change of registration, and a voyage to a war zone you do not consent to enter.
Maximum time on board
National law sets the maximum period of service after which you are entitled to repatriation, and it must be less than 12 months.
Prohibitions
- The shipowner may not demand an advance payment towards repatriation when you join.
- Repatriation costs may not be recovered from your wages, except where you are found to be in serious default of your obligations under national law.
- The shipowner's financial situation, or inability to replace you, cannot be used to deny repatriation.
Image: ITookSomePhotos / Wikimedia Commons, CC BY-SA 4.0
What costs are covered? (Guideline B2.5.1)
- Passage to the chosen destination (the normal mode is by air)
- Accommodation and food from leaving the ship until arrival
- Pay and allowances during that time, where national law or a collective agreement provides
- Transport of 30 kg of personal luggage
- Medical treatment until you are fit to travel
Time spent awaiting repatriation and travelling is not deducted from your accrued leave. You choose the destination from the prescribed options: place of engagement, your country of residence, the place in the collective agreement, or another agreed place.
If the shipowner fails
The flag State must arrange repatriation; failing that, the country you are in or your country of nationality may do so and recover the cost from the flag State. The shipowner's ships may be detained until reimbursement.
If the ship is lost (Regulation 2.6)
If a ship is lost or founders, the shipowner pays each seafarer on board an indemnity against unemployment. Guideline B2.6.1: paid at the wage rate for the days actually unemployed, and it may be limited to two months' wages.
Practical tip: A copy of the flag State's repatriation provisions must be on board. Near the end of your contract, confirm in writing who is booking your flight and to which airport.
Source: ILO, Maritime Labour Convention, 2006 — Regulation 2.5, Standard A2.5, Regulation 2.6. This article is based on the MLC 2006 text published by the ILO and is for general information. Your flag State's law or your collective agreement may give you more favourable terms; in a specific dispute, talk to your union or a lawyer.
Full series: MLC 2006 Guide: Seafarers' Rights
