A Ship’s Flag Can Affect Seafarers’ Labour Protections
Flag state is the state under whose flag a ship is registered. It is responsible for ensuring that ships flying its flag comply with applicable Maritime Labour Convention 2006 requirements where those rules apply to the ship.
Why does a ship’s flag matter for seafarers?
For ships of 500 GT or above operating internationally, the Maritime Labour Convention provides for a maritime labour certificate and a declaration of maritime labour compliance. These documents are issued or confirmed by the flag state or an organization authorized by it, and they may be checked by Port State authorities in port. They help show how the ship complies with MLC requirements, including rules on seafarers’ working conditions.
The MLC also includes the no more favourable treatment principle: ships flying the flag of states for which the MLC is not in force should not receive more favourable treatment during port State control than ships flying the flag of MLC party states. This is explained by ITF Seafarers.
What are the risks on ships flying the flag of a state for which the MLC is not in force?
If a ship flies the flag of a state for which the MLC is not in force, a seafarer may not have certain guarantees provided by the Convention, or those guarantees may be harder to enforce in practice. The UK’s MGN 476 warns seafarers about these risks before signing an agreement.
| Situation | Why the flag matters |
|---|---|
| Illness, injury or death | A seafarer may not have the same level of protection from the consequences of illness, injury or death connected with their employment. The MLC sets minimum standards for medical care, board and lodging, and compensation. |
| Loss or foundering of the ship | A seafarer may not be entitled to compensation for injury, loss or unemployment following the loss or foundering of the ship unless those guarantees are provided by applicable law or the contract. |
| Piracy or armed robbery | Under MLC standards, the shipowner must continue paying wages and other entitlements until the seafarer is released and repatriated. On ships outside the MLC framework, this should be checked especially carefully in the employment agreement. |
| Abandonment | For ships covered by the MLC, a financial security system must be in place. ITF Seafarers says that in an abandonment case, a seafarer may be entitled to up to four months of outstanding wages and reasonable expenses until they arrive home. |
What should be checked before signing a contract?
Before joining a ship, a seafarer should check the ship’s flag, MLC documents and the terms of the employment agreement.
Key points include:
- the flag under which the ship is registered;
- whether the flag state is an MLC party state;
- whether the ship has a maritime labour certificate and declaration of maritime labour compliance, where those documents are required;
- what wage and other payment terms are included in the employment agreement;
- who is responsible for repatriation;
- what guarantees apply in case of illness, injury, death, abandonment or loss of the ship.
If a problem has already happened
If wages are delayed, repatriation is refused, abandonment happens or another serious situation arises, the seafarer should keep the employment agreement, wage accounts, correspondence, vessel details, flag information and documents posted on board. For abandonment, financial security details are important: for ships covered by the MLC, this information must be available to seafarers on board.
The key point
A ship’s flag is not a formality. It shows which state is responsible for supervising labour standards on board, and for a seafarer it can affect wages, repatriation, medical care and compensation.