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MEO CLASS 1 · ORAL QUESTION 9

SEAFARER LIABILITY AS PER MLC

Answer

While the Maritime Labour Convention (MLC, 2006) is widely known as the "Seafarers' Bill of Rights" and primarily dictates shipowner liabilities, it also establishes strict legal and financial boundaries where a seafarer can forfeit their rights, face disciplinary action, or become personally liable.

Under the MLC and the Indian Merchant Shipping (MS) Act, 2025, a seafarer’s liability and forfeiture of protection fall into four primary categories:

1. Forfeiture of Medical & Disability Compensation (Reg 4.2)

Under MLC Regulation 4.2 (Shipowners' Liability), the shipowner is normally liable to bear all costs for sickness, injury, and death occurring between the date of commencement of duty and repatriation. However, the seafarer becomes personally liable for their own medical costs and loses compensation rights under three specific conditions:

2. Liability for Repatriation Costs (Reg 2.5)

MLC Standard A2.5.1 explicitly states that shipowners are prohibited from demanding an advance payment or deducting repatriation costs from a seafarer’s wages.

The Major Exception: A shipowner can recover the full cost of repatriation from a seafarer if the seafarer is found to be in serious breach of their employment obligations.

Examples of a serious breach under the Indian MS Act, 2025 and standard Seafarer Employment Agreements (SEA) include:

3. Financial Liability and Wage Deductions (Reg 2.2)

MLC Regulation 2.2 strictly regulates how wages are paid, ensuring seafarers receive their full remuneration. However, a seafarer can face legal wage deductions for specific liabilities:

4. Disciplinary & Criminal Liability

While MLC sets the minimum social and labor standards, it defers disciplinary enforcement to the flag state's national laws. For an Indian-flagged vessel or an Indian seafarer, the master can hold a crew member liable for:

These actions are logged as formal offenses in the OLB and can lead to a suspension or permanent cancellation of the seafarer's Continuous Discharge Certificate (CDC) and Certificate of Competency (CoC) by the Directorate General of Shipping (DGS).

Want to discuss how the Master officially executes a disciplinary deduction in the OLB?