Answer
**1. Establish the legal basis**
- MLC 2006 Regulation 2.1 / Standard A2.1 – Seafarers' Employment Agreement (SEA)
- Standard A2.2 – payment of wages
- Regulation 2.5 / Standard A2.5 – repatriation
- Flag State national law + applicable CBA (ITF/NMB India) — these often set stricter terms than MLC
- Company SMS disciplinary procedure (ISM Code element)
**2. Identify the ground for termination**
- Expiry of contract period / completion of voyage
- Mutual consent
- By shipowner (redundancy, lay-up, sale, unsatisfactory performance, misconduct)
- By seafarer for justified reasons (non-payment of wages, unseaworthy ship, abuse, breach of SEA)
- Medical unfitness — seafarer no longer able to carry out duties
- Force majeure — total loss, war zone, arrest, detention
**3. Follow due process before dismissing (critical for misconduct cases)**
- first serve verbal warning.
- Log the incident in the Official Log Book with date, time, witnesses
- Serve a written warning; give the seafarer opportunity to explain
- Hold a formal hearing before the Master, seafarer entitled to be accompanied
- Repeat offence → second warning → final warning → dismissal
- Never terminate on the spot except for grave offences (violence, sabotage, drugs/alcohol failure, endangering the ship) as defined in the CBA
**4. Serve proper notice**
- Minimum notice period under MLC is **not less than 7 days**; the shipowner's notice can never be shorter than the seafarer's
- CBAs commonly specify 14 days or wages in lieu
- Shorter or no notice is allowed only in circumstances recognised by national law/CBA, or where the seafarer has compassionate/urgent reasons
- Notice must be **in writing**, stating the reason and effective date
**5. Settle all entitlements before landing him**
- Wages up to date of discharge, overtime, leave pay, subsistence
- Any contractual bonus/balance of wages account
- Seafarer signs the wage account; copy retained on board
- Outstanding allotments cleared
**6. Arrange repatriation**
- Shipowner bears the full cost — travel, accommodation, food, baggage, sick pay where applicable
- Destination: place of engagement, home, or as per SEA
- Cost may be recovered from the seafarer **only** if he is found in serious default of his employment obligations, and only after proper procedure
- Financial security certificate (2014 amendments) must be in place
**7. Complete the paperwork**
- Sign off entry in the Official Log Book and Articles of Agreement
- Discharge certificate / CDC endorsement — must not carry any statement as to quality of work unless permitted
- Entry in crew list, immigration/port formalities, flag State notification if required
- Copy of SEA and termination letter given to the seafarer
- Advise P&I Club and Manning Agent
**8. Respect the seafarer's rights throughout**
- Right to use the on-board complaint procedure (Regulation 5.1.5) without victimisation
- Right of appeal through ITF/union representative
- No confiscation of passport, CDC or personal documents