The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014

Shipowners’ liability for wages following sickness or injury sustained by seafarer

50.—(1) Subject to paragraph (11), this regulation applies in relation to a seafarer who suffers sickness or injury which—

(a) first occurs during a period—

(i) which starts on the date on which the seafarer’s seafarer employment agreement commences and ends on the next date on which the shipowner’s duty to make provision for the repatriation of that seafarer under regulation 19 ends under regulation 21; or

(ii) which starts after a period referred to in sub-paragraph (i) but is caused by circumstances or events arising during that period;

(b) does not first occur during a period of leave, other than shore leave; and

(c) results in the seafarer’s incapacity for work.

(2) If a seafarer falling within paragraph (1)(a)(i) does not receive the wages payable under the seafarer employment agreement in respect of the period specified in paragraph (3), the shipowner must pay to the seafarer a sum equal to the difference between—

(a) any sums received by the seafarer in respect of wages for that period under that agreement; and

(b) the wages which would have been payable to the seafarer under that agreement if the seafarer had remained fit for work throughout that period, and (where the agreement would otherwise have terminated during that period) if the agreement had continued on the same terms throughout that period.

(3) The period referred to in paragraph (2) is a period—

(a) starting on the date of the injury or the first day of the sickness; and

(b) ending on the date on which the duty to repatriate the seafarer under regulation 19 ends under regulation 21 (or, if such a duty does not arise, the date on which the seafarer leaves the ship).

(4) Subject to paragraphs (5) to (7), if a seafarer falling within paragraph (1) is incapable of work after the date on which the duty to repatriate the seafarer under regulation 19 ends under regulation 21 (or if such a duty does not arise, the date on which the seafarer leaves the ship), and the seafarer does not receive the basic wages payable under the seafarer employment agreement for the period starting on that date and ending on the date on which the seafarer is again fit for work, the shipowner must pay to the seafarer a sum equal to the difference between—

(a) any sums received by the seafarer in respect of basic wages for that period under that agreement; and

(b) the basic wages which would have been payable to the seafarer under that agreement if the seafarer had remained fit for work throughout that period, and (where the agreement would otherwise have terminated during that period) if the agreement had continued on the same terms throughout that period.

(5) The duty in paragraph (4) ends on the expiry of the period of 16 weeks commencing on the day following the date of the injury or the first day of the sickness referred to in paragraph (1).

(6) The duty in paragraph (4) is conditional upon the seafarer applying for all relevant social security benefits payable in consequence of—

(a) the seafarer’s incapacity for work; and

(b) the sickness or injury which resulted in the incapacity for work,

under the laws of the United Kingdom or the laws or arrangements in the country to which the seafarer is repatriated.

(7) If the seafarer receives social security benefits of the kind described in paragraph (6) in respect of the period referred to in paragraph (5) or any part of that period—

(a) the amount which the shipowner must pay to the seafarer under paragraph (4) is to be reduced by that amount; and

(b) the shipowner may recover as a civil debt any payments already made to the seafarer to the extent that they exceed such reduced amounts.

(8) The seafarer must on request provide information to the shipowner as to the amounts received by the seafarer in social security benefits during the period referred to in paragraph (5).

(9) The sums payable to the seafarer under paragraphs (2) and (4) must be paid in the same manner and at the same frequency as wages are (or, as the case may be, were) payable under the seafarer employment agreement.

(10) The seafarer may recover any sum due from the shipowner under paragraph (2) or (4) as a civil debt.

(11) This regulation does not apply to a seafarer where—

(a) the injury referred to in paragraph (1) was sustained while the seafarer was not at work;

(b) the injury or sickness referred to in paragraph (1) was sustained or arose due to the seafarer’s wilful misconduct; or

(c) the sickness or incapacity for work existed at the time when the seafarer entered the seafarer employment agreement, and the seafarer deliberately concealed the sickness or incapacity from the shipowner.