56. Payment of seaman’s wages

Except as provided by this Act or any other written law, the wages due to a seaman under a crew agreement relating to a ship must be paid to the seaman in full at the time when he or she leaves the ship on being discharged therefrom (called in this section and in section 57 the time of discharge).

If the amount shown in the account delivered to a seaman under section 57(1) as being the amount payable to him or her under subsection (1) is replaced by an increased amount shown in a further account delivered to him or her under section 57(3), the balance must be paid to him or her within 7 days of the time of discharge.

If any amount which, under subsection (2), is payable to a seaman is not paid at the time at which it is so payable, the seaman is entitled to wages at the rate last payable under the crew agreement for every day on which it remains unpaid until the full amount is paid.

Subsection (3) does not apply if the failure to pay was due to any reasonable dispute as to liability or to the act or default of the seaman or to any other cause, not being the wrongful act or default of the person liable to pay the seaman’s wages or of that person’s employee or agent.

Where a seaman is employed under a crew agreement relating to more than one ship, this section has effect, in relation to wages due to the seaman under the agreement, as if for any reference to the time of discharge there were substituted a reference to the termination of his or her employment under the crew agreement.

Where a seaman is discharged under section 55, from a ship outside his or her port of return but returns to that port under arrangement made by the person who employed the seaman, this section has effect, in relation to the wages due to the seaman under a crew agreement relating to the ship, as if for the references in subsections (1) to (3) to the time of discharge there were substituted references to the time of the seaman’s return to that port and subsection (5) were omitted.