PART 10Shipowners' liability
Shipowners' liability for seafarer unemployment and losses following loss or foundering of ship48
1
This regulation applies in relation to a seafarer working on board a ship which founders or is lost.
2
If the loss or foundering of the ship causes the seafarer to become unemployed, the shipowner must pay to the seafarer an amount equivalent to the wages which would otherwise have been payable under the seafarer employment agreement for every day on which the seafarer is unemployed in the two month period commencing on the day following the day on which the loss or foundering occurred.
3
If the loss or foundering of the ship causes the seafarer to suffer injury or loss (other than the loss of wages referred to in paragraph (2)), the shipowner must pay compensation to the seafarer.
4
In relation to loss other than personal injury or death, the duty in paragraph (3) is limited to the amount specified (if any) in the seafarer employment agreement.
5
A seafarer may recover any sum due from the shipowner under paragraph (2) or (3) as a civil debt.
Financial security requirement applicable to all ships49
1
A ship must not be operated unless the requirement in paragraph (2) is met.
2
The requirement referred to in paragraph (1) is that there is in force in relation to the ship a contract of insurance (or other form of security) which provides financial assurance of an amount which the shipowner reasonably considers adequate to ensure that the shipowner will be able to meet any liabilities the shipowner may have, including liabilities under seafarer employment agreements, to provide compensation in the event of death or long term disability to seafarers arising from occupational injury, illness or hazard.
3
A breach of paragraph (1) is an offence by the shipowner.
Shipowners' liability for wages following sickness or injury sustained by seafarer50
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.
Property left behind by sick or injured seafarer51
To the extent it would not otherwise apply, regulation 24(2), (4), (6) to (8), (10), (11) and (13) applies in respect of property left behind on board the ship by a seafarer falling within regulation 50(1).
Shipowners' liability in respect of burial or cremation of seafarer52
1
Subject to paragraph (2), if a seafarer dies while—
a
on board a ship on which the seafarer works; or
b
on shore leave in a country other than the seafarer's country of residence,
the shipowner must meet any expenses reasonably incurred in connection with the seafarer's burial or cremation.
2
The duty in paragraph (1) does not apply to expenses which are met by a public authority.
3
Where the seafarer's personal representatives incur costs in meeting expenses which should be met by the shipowner under paragraph (1), whether by incurring such costs directly or by reimbursing another person who has incurred those costs, those representatives may recover those costs from the shipowner as a civil debt.
Interpretation of Part 1053
In this Part—
“basic wages” means the pay, however composed, for the seafarer's normal hours of work excluding overtime, bonuses, allowances, paid leave and other remuneration; and
“wages” means the pay, however composed, for the seafarer's normal hours of work including overtime, allowances, paid leave and other remuneration (but excluding bonuses).