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Maritime Crew Rights

What is the Maritime Labour Convention (MLC)?

MLC 2006 is the "Seafarers' Bill of Rights," setting minimum global standards for working and living conditions on ships, including wages, hours of rest, and medical care.

Can I arrest a ship for unpaid wages?

Yes, a claim for unpaid crew wages is a "maritime lien" that gives you the right to arrest the vessel in many jurisdictions, including Georgia, to secure payment.

Who pays for medical treatment if I get sick on board?

The shipowner is liable for all medical expenses incurred while you are on board and until you have recovered or reached maximum medical improvement after repatriation.

Is the crewing agency liable for unpaid wages?

Generally, the shipowner is the employer liable for wages. However, depending on Georgian law and the agency agreement, the crewing agency may have secondary liability or administrative responsibility.

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Seafarers are the invisible engine of the global economy, yet their labor rights are often violated while in international waters. "Maritime Crew Rights" covers a wide spectrum of legal protections for seafarers—from unpaid wages to ensuring a safe working environment and repatriation. Georgia, as a party to the Maritime Labour Convention (MLC 2006), is obligated to protect Georgian seafarers on foreign vessels and foreign seafarers on Georgian-flagged vessels. Legal assistance in this field is critical, as seafarers are often isolated and vulnerable to shipowner arbitrariness.

What does Crew Rights Protection cover?

Lawyers specializing in maritime labor law protect seafarers in the following matters:

  • Wage Arrears: Assisting in recovering unpaid wages, overtime, and leave pay. This includes arresting the vessel as a pressure mechanism.
  • Injury and Compensation: Claiming compensation for work-related injuries or occupational diseases in accordance with the employment contract and P&I Club rules.
  • Repatriation: The seafarer's right to return home at the shipowner's expense upon contract completion, sale of the ship, or illness.
  • Abandonment: Legal assistance when a shipowner abandons the crew in a foreign port without funds or food.
  • Safety Violations: Disputes regarding improper living conditions and violation of safety regulations on board.

Common Situations and Problems

Seafarers often face the following challenges:

  • Double Bookkeeping: A seafarer has two contracts—one with a real wage meeting ITF standards, and another with a lower wage that is actually paid. The lawyer must prove the real agreement.
  • Blacklisting Threats: The shipowner threatens to "blacklist" the seafarer if they claim due compensation for an injury.
  • Denial of Medical Care: The captain refuses the seafarer a visit to a doctor in port, leading to deteriorating health.
  • Unfair Dismissal: Discharging a seafarer before the contract expires without justification.

Georgian Legislation and Regulations

The main document protecting seafarers' rights is the Maritime Labour Convention (MLC 2006), ratified by Georgia. The Law of Georgia "On Labour of Seafarers" and the Maritime Code also apply. These acts establish minimum standards for working and rest hours, wages, food, and medical care. In dispute resolution, ITF (International Transport Workers' Federation) Collective Bargaining Agreements (CBA) are often used, creating additional guarantees for seafarers.

Service Process

The stages of protecting seafarer rights include:

  1. Documentation Analysis: Reviewing the Seafarer Employment Agreement (SEA), Collective Bargaining Agreement (CBA), and payslips.
  2. Filing a Claim: Sending an official demand to the shipowner and the crewing company.
  3. Working with P&I and ITF: Involving the insurance company and trade unions to resolve the issue.
  4. Legal Measures: If necessary, arresting the ship in port to force the shipowner to pay the debt.

Why Legal.ge?

Seafarer disputes are often international in nature and require knowledge of various jurisdictions. Legal.ge connects you with lawyers experienced in maritime labor disputes who can effectively protect your interests both in Georgia and abroad. Do not leave your labor and health unprotected—find your lawyer on Legal.ge.

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