The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014
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Change 1
11A Seafarer employment agreements: captive seafarers
(1) Paragraph (2) applies to a seafarer’s seafarer employment agreement which would, but for the operation of that paragraph, terminate while the seafarer is held captive as a result of piracy or armed robbery against a ship. (2) Where this paragraph applies, the seafarer employment agreement continues to have effect until the date on which the shipowner’s duty under regulation 19 to repatriate the seafarer ends in accordance with regulation 21. (3) The reference in paragraph (1) to the termination of a seafarer employment agreement includes— (a) the operation of any provision of the seafarer employment agreement which would, but for this regulation, cause the seafarer employment agreement to cease to have effect; and (b) the expiry of notice to terminate the seafarer employment agreement given for any reason, regardless of when such notice was given. (4) For any period during which a seafarer is held captive as a result of piracy or armed robbery against a ship— (a) the seafarer’s wages, remuneration and other entitlements, whether arising under the seafarer’s seafarer employment agreement, a collective bargaining agreement or any enactment, must continue to be paid; (b) any part of the seafarer’s wages allotted to a person by an allotment note issued in accordance with regulations under section 36 of the Act must continue to be paid to that person; and (c) a term of any agreement is void to the extent that it purports to reduce, vary or stop any such payments.
11A Seafarer employment agreements: captive seafarers
(1) Paragraph (2) applies to a seafarer’s seafarer employment agreement which would, but for the operation of that paragraph, terminate while the seafarer is held captive as a result of piracy or armed robbery against a ship. (2) Where this paragraph applies, the seafarer employment agreement continues to have effect until the date on which the shipowner’s duty under regulation 19 to repatriate the seafarer ends in accordance with regulation 21. (3) The reference in paragraph (1) to the termination of a seafarer employment agreement includes— (a) the operation of any provision of the seafarer employment agreement which would, but for this regulation, cause the seafarer employment agreement to cease to have effect; and (b) the expiry of notice to terminate the seafarer employment agreement given for any reason, regardless of when such notice was given. (4) For any period during which a seafarer is held captive as a result of piracy or armed robbery against a ship— (a) the seafarer’s wages, remuneration and other entitlements, whether arising under the seafarer’s seafarer employment agreement, a collective bargaining agreement or any enactment, must continue to be paid; (b) any part of the seafarer’s wages allotted to a person by an allotment note issued in accordance with regulations under section 36 of the Act must continue to be paid to that person; and (c) a term of any agreement is void to the extent that it purports to reduce, vary or stop any such payments.
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