Merchant Shipping (Maritime Labour Convention) Act 2014 · 2020 Revised Edition · Part 4 · Conditions of Seafarers’ Employment
22. Entitlement to annual leave
Feedback & supportA seafarer is entitled to paid annual leave, taken at such time as may be agreed between the seafarer and the shipowner in accordance with the terms of the seafarer’s employment agreement, of at least 2.5 days per month of continuous service with the shipowner which is in addition to leave that the seafarer is entitled under subsection (4).
seafarer
“seafarer” means any person, including the master, who is employed or engaged or works in any capacity on board a ship, but does not include —(a)a pilot;(b)a port worker;(c)a person temporarily employed on the ship during the period it is in port; and(d)a person specified in an Order made by the Authority, with the approval of the Minister, declaring the categories of persons not to be regarded as seafarers;
A seafarer is entitled to his or her gross rate of pay for every day of annual leave.
gross rate of pay
“gross rate of pay” means the total amount of money including allowances to which a seafarer is entitled under his or her seafarer’s employment agreement either —(a)for working for a period of time, that is, for one hour, one day, one week, one month or for such other period as may be stated or implied in his or her seafarer’s employment agreement; or(b)for each completed piece or task of work,but does not include —(c)additional payments by way of overtime payments;(d)additional payments by way of bonus payments or annual wage supplements;(e)any sum paid to the seafarer as reimbursement for special expenses incurred by him or her in the course of employment;(f)productivity incentive payments; and(g)travelling, food or housing allowances;
A seafarer who has served a shipowner for a period shorter than 12 months of continuous service in any year or in the event of termination of employment otherwise than for misconduct, is entitled to annual leave in proportion to the number of completed months of service in that year.
shipowner
“shipowner”, in relation to a ship, means the owner of the ship, and includes —(a)the registered owner; or(b)in the absence of registration —(i)the person owning the ship; or(ii)any other person (such as the ship manager, agent or bareboat charterer) who has assumed responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with the Convention, whether or not any other organisation or person fulfils certain of the duties or responsibilities on the shipowner’s behalf;
Leave of absence granted for the following purposes is not counted as part of a seafarer’s annual leave:
time that seafarer is in transit to or from a ship, or on active stand‑by for immediate deployment;
time‑off given for illness, injury or maternity;
temporary shore leave by agreement between the shipowner and the seafarer under the seafarer’s employment agreement;
public holidays designated under the Holidays Act 1998;
absence from work to attend a maritime vocation training course that is approved by the Director;
time spent awaiting repatriation and travel time during repatriation;
leave granted under conditions that may be determined by the Director from time to time.
Where a seafarer is granted leave of absence without pay by the shipowner at the request of the seafarer, the period of the leave is disregarded for the purpose of computing continuous service under this section.
A seafarer is entitled to take annual leave in the place to which the seafarer has a substantial connection or is entitled to be repatriated.
A person must not require a seafarer to take annual leave in a place otherwise than that provided in the seafarer’s employment agreement unless —
the seafarer gives consent;
the shipowner bears the costs of transporting the seafarer to the place where the seafarer was engaged or recruited, whichever is nearer the seafarer’s home; and
the shipowner bears the subsistence and all other directly related costs.
A person must not recall a seafarer who is on paid annual leave except in cases of extreme emergency as may be determined by the Director from time to time and provided that the seafarer’s consent has been obtained.
Director
“Director” means the Director of Marine appointed under section 4 of the Merchant Shipping Act 1995 and includes the Deputy Director of Marine appointed under that Act;
The shipowner must grant and the seafarer must take annual leave not later than 12 months after the end of every 12 months of continuous service and any seafarer who fails to take that leave by the end of such period ceases to be entitled to the leave.
Subject to subsection (9) and unless otherwise provided in an agreement applicable to the shipowner and the seafarer concerned, the seafarer is entitled to an uninterrupted period of annual leave.
In calculating the proportionate annual leave under subsection (3), any fraction of a day which is less than one‑half of a day is disregarded and where the fraction of the day is one‑half or more it is regarded as one day.