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PART 5Wages

Late payment of wages etc.

16.—(1) Subject to paragraph (2), if any amount in respect of wages or other remuneration payable to a seafarer under a seafarer employment agreement is not paid on the due date, interest must be paid on the unpaid amount at the rate of 20 per cent per annum from the date on which the amount was due until the date of payment.

(2) Paragraph (1) does not apply to the extent that the failure to make such payment on the required date was due to—

(a)a mistake;

(b)a reasonable dispute as to liability;

(c)the act or default of the seafarer; or

(d)any other cause not being the wrongful act or default of the persons liable to make the payment or of their servants or agents.

Account of seafarer’s wages etc.

17.—(1) The shipowner must ensure that an account of the seafarer’s wages or other remuneration under a seafarer employment agreement is prepared and delivered to the seafarer—

(a)periodically during the term of the seafarer employment agreement, at intervals not exceeding one month; and

(b)within one month of the agreement terminating.

(2) Where the seafarer is an employee, such account must include the following information—

(a)the name of the seafarer;

(b)the date of birth of the seafarer (if known);

(c)the number of the seafarer’s current discharge book (if any);

(d)the capacity in which the seafarer worked on board the ship;

(e)the period covered by the account;

(f)the amounts payable for the period covered by the account; and

(g)the type and amount of any deductions made during the period covered by the account.

(3) Where, pursuant to paragraph (2), the account includes information of amounts which have been determined by reference to a currency exchange rate, the account must include details of the relevant exchange rate and any commission paid.

(4) Where the seafarer is not an employee, such account must include the following information—

(a)payments due;

(b)payments made (including any not falling within sub-paragraph (a)); and

(c)any rates of exchange and any commissions paid which are relevant to those payments.

(5) A breach of paragraphs (1) to (4) is an offence by the shipowner.

Part 5 requirements for non-United Kingdom ships with MLC documentation

18.—(1) A ship must not be operated unless the shipowner complies with the requirements in paragraph 2 of Standard A2.2 (wages).

(2) A breach of paragraph (1) is an offence by the shipowner.