Maritime Questions › Mlc Advanced Master
A Filipino AB demands immediate repatriation claiming a family medical emergency. His SEA has 4 months remaining. Can you repatriate him, and what are the cost implications?
A. SEAFARER REPATRIATION RIGHTS — MLC STANDARD A2.5: MLC REPATRIATION RIGHTS: MLC Standard A2.5 establishes the right to repatriation. A seafarer is entitled to repatriation at no cost to the seafarer (costs borne by the shipowner) in the following circumstances: (1) EXPIRY OF SEA: when the SEA expires; (2) SHIPOWNER's DECISION: when the shipowner terminates the SEA; (3) ILLNESS OR INJURY: when a seafarer is no longer fit for duty and repatriation is medically required; (4) DISTRESS: when the vessel calls at a home port; (5) FLAG STATE DISCRETION: where a bilateral agreement or national law provides for repatriation in other circumstances; FAMILY EMERGENCY — EARLY REPATRIATION: a family medical emergency is NOT automatically a right to repatriation AT SHIPOWNER'S COST under MLC Standard A2.5. However: (a) HUMANITARIAN GROUNDS: most shipowners will repatriate a seafarer with a genuine family emergency — this is industry good practice and affects crew morale; (b) MUTUAL AGREEMENT: the seafarer may request early termination of the SEA by mutual agreement. If the SEA provides for this (most do) — the seafarer pays their own travel costs or they are deducted from final wages; (c) VERIFY THE CLAIM: request documentation of the family emergency. This is not callous — it protects against unfounded early repatriation demands (voyage abandonment); PROCESS: (1) Contact DPA for company position; (2) Review the specific SEA terms; (3) If repatriation agreed — arrange travel; (4) Document: reason for early termination, any cost agreement, final wages due; (5) OLB entry.
B. The AB has an absolute right to repatriation at any time under MLC Standard A2.5. Arrange immediate repatriation at the shipowner's cost.
C. Deny the request. The AB signed a binding SEA for 8 months. He must complete the contract regardless of personal circumstances.
D. Family emergencies are not the master's concern at sea. Advise the AB to contact his manning agent to negotiate early termination.
Sign in or create a free account to see the answer and explanation.
A. MLC 2006 — MASTER's SPECIFIC OBLIGATIONS: MLC STRUCTURE: the Maritime Labour Convention 2006 (as amended) sets minimum standards for seafarers' rights. It distinguishes between obligations on the SHIPOWNER and obligations on the MASTER personally. MASTER's DIRECT MLC OBLIGATIONS: (1) SAFETY MANAGEMENT (Regulation 4.3): the master is responsible for the implementation of the shipboard safety and health policy. This includes: (a) maintaining safe working conditions; (b) occupational health and safety management specific to the vessel; (c) ensuring seafarers are provided with protective equipment; (2) MEDICAL CARE (Regulation 4.1): the master must ensure medical care is provided to sick or injured seafarers. On vessels without a medical doctor — the master (or designated officer) bears responsibility for medical treatment. The STCW A-VI/4 medical first aid training is mandated; (3) SEAFARERS' COMPLAINTS (Regulation 5.1.5): the master must establish an on-board complaints procedure for seafarers (separate from ISM non-conformities). Seafarers must be able to submit complaints without fear of retaliation. The master must address complaints fairly and promptly; (4) OFFICIAL LOG ENTRIES: certain MLC-related events must be entered in the OLB (Merchant Shipping (Official Log Books) Regulations 1981 and equivalent): (a) deaths on board; (b) disciplinary actions; (c) wages disputes; (5) CREW AGREEMENTS (SEA): the master must ensure every seafarer has signed a valid SEA before departure. This is a mandatory MLC Regulation 2.1 requirement. Departure with an unsigned SEA = MLC violation; (6) REST HOURS (Regulation 2.3): the master ensures the rest hour system is maintained and that records are kept. The master bears personal responsibility for the watchkeeping schedule.
B. MLC obligations rest entirely with the shipowner. The master implements whatever policies the company establishes — there are no direct MLC obligations on the master personally.
C. MLC applies only to crew welfare and accommodation standards. Navigation, cargo, and safety matters are governed by SOLAS and STCW, not MLC.
D. MLC creates obligations on the flag state and port state — not directly on the master. The master is shielded by the company from any direct MLC liability.
Sign in or create a free account to see the answer and explanation.
A. MLC 2014 AMENDMENT — ABANDONMENT FINANCIAL SECURITY: THE PROBLEM: maritime labour abandonment occurs when a shipowner fails to: (a) maintain seafarers' wages; (b) provide food and accommodation; (c) provide repatriation. This leaves seafarers stranded, unpaid, on a vessel they cannot leave. MLC 2014 AMENDMENT — FINANCIAL SECURITY REQUIREMENTS: the 2014 Amendment (now in force) requires all MLC-ratifying flag states to mandate that shipowners maintain FINANCIAL SECURITY for: (1) OUTSTANDING WAGES: up to 4 months' outstanding wages for all seafarers; (2) REPATRIATION COSTS: costs to repatriate all seafarers to their home country; (3) ESSENTIAL NEEDS: costs of essential needs (food, accommodation, medical care) during the period from abandonment to repatriation. HOW FINANCIAL SECURITY WORKS: (a) The shipowner obtains financial security from a P&I Club, insurance company, or bank guarantee; (b) The security must be documented on board (MLC Financial Security Certificate displayed); (c) If the shipowner fails to meet the obligations — seafarers claim DIRECTLY against the financial security; (d) The financial security provider pays the outstanding amounts; (e) For UK-flagged vessels — the MLC Financial Security Certificate is issued by the MCA or its RO; ABANDONMENT PROCEDURE: (1) SEAFARERS DECLARE ABANDONMENT: under Guideline B2.2.2 — seafarers may leave the vessel and claim under the financial security; (2) FLAG STATE NOTIFICATION: the flag state (MCA for UK) must be notified; (3) PORT STATE ACTION: the port state (Rotterdam) can facilitate the seafarers' claims and assist with departure; (4) ITF INVOLVEMENT: the International Transport Workers' Federation (ITF) is highly active in assisting abandoned seafarers.
B. Seafarers have no legal claim against the arrested vessel. The arrest proceedings must conclude before any crew claims can be considered.
C. The master must stay on board until the arrest is resolved, regardless of the duration or lack of wages. Deserting the vessel in arrest is a criminal offence.
D. Contact the flag state and request emergency state funding to pay the crew. Flag states are required to directly fund crew wages if the shipowner is insolvent.
Sign in or create a free account to see the answer and explanation.
+7 more Mlc Advanced Master questions available
Create a free account to practise all 10 questions, track your accuracy, and build your Reputation Score.
Create Free Account