Maritime Questions › Mlc Advanced Master
A crew member claims he has not been paid for 2 months and refuses to work (work to rule). The manning agent denies the claim. As Master, what is your role?
A. WAGES DISPUTE — MASTER's ROLE: MLC REGULATION 2.2 — WAGES: MLC Standard A2.2 requires: (a) Monthly payment of wages (or as agreed in the SEA); (b) Wage records maintained and accessible to seafarers; (c) Allotment (portion of wages sent to family) systems must be available; MASTER's ROLE IN WAGES DISPUTE: (1) NOT THE PAYMASTER: the master is typically not the person who pays wages — this is the shipowner/manning agent function. The master may not have direct visibility into the payment system; (2) INITIAL STEP — VERIFY: ask the seafarer to show: (a) their pay book/wage slip records; (b) bank account statements if available; Then request from the company/manning agent: (a) evidence that wages were paid; (b) dates and amounts of transfers; (3) COMPLAINTS PROCEDURE: the master must process the complaint through the MLC on-board complaints procedure (MLC Regulation 5.1.5). The complaint must be investigated fairly; (4) IF WAGES ARE GENUINELY UNPAID: (a) This is a serious MLC violation by the shipowner/manning agent; (b) Notify DPA in writing — the master cannot resolve this alone; (c) Advise the seafarer they can contact the ITF or their union; (d) Advise the seafarer they can report to the port state when next in port; (5) WORK REFUSAL: the seafarer refusing to work creates a SAFETY issue (short-handed operations) and a DISCIPLINARY issue (breach of SEA). The master should: (a) Manage this sensitively — the seafarer may have genuine grievance; (b) Issue a written request to resume duties pending resolution; (c) Avoid creating a confrontational situation; (d) Invoke the MLC on-board complaints procedure formally; (6) OLB: record the dispute, the master's actions, and any outcome.
B. This is a commercial dispute between the seafarer and the manning agent. As Master, you have no role — direct the seafarer to contact the manning agent.
C. Impose discipline on the seafarer immediately for refusing to work. Work to rule is a breach of the SEA and the seafarer can be dismissed for insubordination.
D. Side with the company — the manning agent is the employer and would have records if wages were unpaid. Without evidence, assume wages were paid.
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A. 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.
B. 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.
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.
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A. 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.
B. Seafarers have no legal claim against the arrested vessel. The arrest proceedings must conclude before any crew claims can be considered.
C. 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.
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.
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