What are the key requirements regarding repatriation of seafarers under the MLC?
26 Mar '19, 19:28
Standard A.2.5.1 of the Convention provides that seafarers are entitled to repatriation in the
(a) if the seafarers’ employment agreement expires while they are abroad;
(b) when the seafarers’ employment agreement is terminated:
(i) by the shipowner; or
(ii) by the seafarer for justified reasons; and also
(c) when the seafarers are no longer able to carry out their duties under their employment agreement or cannot be expected to carry them out in the specific circumstances.
Guideline B.2.5.1(b) of the Convention gives further details of the circumstances where seafarers are entitled to repatriation:
(i) in the event of illness or injury or other medical condition which requires their repatriation when found medically fit to travel;
(ii) in the event of a shipwreck;
(iii) in the event of the shipowner not being able to continue to fulfill their legal or contractual obligations as an employer of the seafarers by reason of insolvency, the sale of the ship, change of ship’s registration or any other similar reason;
(iv) in the event of a ship being bound for a war zone, as defined by national laws or regulations or seafarers’ employment agreements, to which the seafarer does not consent to go, and
(v) in the event of termination or interruption of employment in accordance with an industrial award or collective agreement or termination of employment for any other similar reason
26 Mar '19, 19:46