Seafarers - What are your Rights?

Industry Insight Feature by Partner Dr. Jessica Galea 

Joining a vessel as crew is exciting, especially after earning the required qualifications. However, working aboard a vessel means living and working with others in a small and busy space, often for long periods of time. Crew might not always be aware of their rights before signing their employment agreement (SEA) with the owner or employing entity, as applicable.

A vessel’s flag state really determines the extent to which the welfare of the crew is protected, and it is important that all crew members know their rights prior to engagement aboard. In an ideal world, a crew member’s rights would be explained face-to-face during the recruitment process.

Taking Malta as an example. Malta is a signatory to the Maritime Labour Convention (MLC). Regulations reflecting the MLC provisions are in place in virtue of Subsidiary Legislation 234.51 Merchant Shipping (Maritime Labour Convention) Rules (the ‘Malta MLC Rules) inter alia:

• Formal contracts of employment (SEA) and the notification to crew before engagement of their rights including work/rest hours under their employment contract.
• Decent working and living conditions including nutritious and balanced meals, recreational facilities, appropriate access to ship-to-shore telephone communications, where available, and internet connectivity.
• Insurance to compensate crew for monetary loss that they may incur as a result of the failure of a recruitment and placement service or a breach of owner’s obligations under the employment agreement.
• Reasonable precautions  to protect the health and safety of the crew.
• The right to repatriation where specific conditions under the Malta MLC Rules are met.
• Access to crew of fair grievance procedures and the ability to file complaints.

The Malta MLC Rules apply to all Maltese seagoing ships wherever they are, to all other ships while they are in Maltese ports, and to all seafarers serving onboard such ships. The rules however do not apply to fishing vessels; ships of traditional build; “small ships” that navigate exclusively in Maltese internal waters or waters closely adjacent to Malta; yachts in non-commercial use; and warships or naval auxiliaries. For instance, Malta-flagged pleasure yachts are not subject to obligatory compliance with the Malta MLC Rules, so the implementation thereof are at the pleasure yacht owner's discretion. Nevertheless, the Malta Ship Registry encourages private yacht owners to voluntarily adopt MLC-standards aboard depending on the size of yacht and number of crew engaged, since crew welfare remains a priority of the Malta flag.

Additionally, the Malta Ship Registry is responsive.  A crew member (engaged aboard any vessel flying the Malta flag, whether or not the Malta MLC Rules apply) may file a complaint related to his or her employment directly with the Maltese administration as the flag state. The Malta Ship Registry addresses complaints by immediately communicating with owners for feedback and to seek to ensure that the owner rectifies any wrong-doing. In the event the vessel owner does not comply with orders from Malta as a flag state, the administration may take action in terms of the Malta Merchant Shipping Act which includes the closure of the vessel’s Maltese register.

Flag state matters aside - there is also the possibility for crew to become members of unions such as the International Transport Workers’ Federation (ITF) and Nautilus International. Unions offer members legal, personal and professional protection and have a good line of communication with flag and port states, supporting crew by initiating legal or administrative complaints to the flag or port state on behalf of crew members.

It is worth mentioning that in May 2024, the IMO approved amendments to the Seafarers’ Training, Certification, and Watchkeeping (STCW) Code aimed at combatting and reducing violence and harassment within the maritime industry. These amendments will enter into force on 1 January 2026, and crew training providers are expected to integrate the updated STCW harassment-prevention requirements through course adjustments or supplements.

While quoting laws and regulations as well as the practices adopted by quality flag states such as Malta is easy, ultimately these must be respected by vessel owners and employers. Sadly, breaches of crew rights and even serious crimes like harassment or violence still occur. This is why seafarers must be aware of their rights before engagement, particularly verifying that their vessel sails under a reputable flag, which prioritizes crew welfare and enforces accountability, in the hope that crew members will never find themselves in helpless and desperate situations. 

Should you have any crew related queries please do not hesitate to contact us on shipping@dingli.com.mt