Malta Seafarers Employment Agreement

As the International Labour Organizations (ILO) point out, seafarers are often exposed to difficult working conditions and particular occupational risks. Because they work far from home, they may be vulnerable to exploitation and abuse, non-payment of wages, non-compliance with employment contracts, poor nutrition and living conditions. On the other hand, with regard to workers other than Maltese seafarers, EIRA expressly states that the amount of compensation must be determined on a case-by-case basis by the labour tribunal taking into account various circumstances, including the age of the worker and his abilities, the behaviour of the worker during the employment, the level of his salary, etc.; (i) may require the application of these terms of employment negotiated between the union and the employer; and the mandatory imposition of quarantine, closures, flight bans and port closures by an increasing number of countries has blocked the entire maritime industry. These measures have revealed unimaginable realities. We have seen sailors stranded on their ships, class surveyors who were unable to reach ships to conduct legal surveys and audits, and cruise ships looking for a port available for disembarkation of passengers and crew. The Maritime-Coast Guard Agency has published a guide for shipowners, operators and managers, in which they indicated that they had individual seafarer contracts for each sailor instead of a crew agreement. As article 39 of EIRA indicates, the employment of seafarers is governed by the Merchant Shipping Act (CAP 234 of the Maltese Act, as “MSA”) and by the rules of commercial navigation (subsidiary legislation 234.51, as “MSR”), which in principle took into account all the working and social security conditions of seafarers listed at the ILO. In addition to minimum weekly rest, full-time seafarers are entitled to this: the wages of non-Malta sailors residing in Malta are unlikely to be subject to income tax in Malta, where employment activities are carried out outside Malta. The MLC sets minimum requirements for almost all aspects of seafarers` working conditions, including employment conditions, periods of work and rest, housing, leisure facilities, catering and catering, health protection, medical care, social protection and social protection.