A seafarer left without pay or a way home: what to do
Crew abandonment is not only a situation where the shipowner disappears. Under the rules explained by ITF Seafarers in connection with MLC 2006, abandonment occurs if the shipowner fails to cover the cost of a seafarer’s repatriation, leaves the seafarer without necessary maintenance and support, or unilaterally severs ties with the seafarer, including by failing to pay contractual wages for at least two months ITF Seafarers.
Do not delay reporting
Financial security can cover up to four months of outstanding wages and entitlements under the employment agreement or collective bargaining agreement. ITF warns directly: if a seafarer applies after six months, only four months of back pay may be covered.
This security must also cover reasonable expenses, including repatriation, food, necessary clothing, accommodation, drinking water, essential fuel for survival on board, and necessary medical care.
First steps for a seafarer
If there is a risk of abandonment, the first step is to try to contact the shipowner and keep evidence of that attempt. If the shipowner does not respond, ITF advises contacting the insurance company.
Ships to which the MLC applies and whose flag States have ratified the convention must carry an insurance certificate. It must be on board, available for inspection, and displayed in English. The insurer’s details and emergency contacts should be listed on that certificate.
Who should respond
The response should not fall on the crew alone. The joint ILO/IMO guidelines state that once abandonment is discovered, the case should be immediately reported to the competent authority in the port State and to the ILO for inclusion in the database of reported incidents ILO.
The number of reported cases rose from 12–19 per year in 2011–2016 to 40 in 2019, 85 in 2020, 95 in 2021, and 119 in 2022. If judicial proceedings are required, competent authorities should continue coordination to provide humanitarian assistance and facilitate seafarers’ repatriation.
Abandonment means a breach of the shipowner’s basic obligations to the seafarer. The earlier the crew reports the situation and contacts the insurer or competent authorities, the better the chances of securing repatriation, support, and payment of outstanding amounts.