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MEO CLASS 1 · ORAL QUESTION 45

How will go about termination of Seafaere under MLC 2006.

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