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MLC 2006 Regulation 2.6 - Seafarer Compensation for the Ship’s Loss or Foundering

MLC 2006 Regulation 2.6 - Mandatory Seafarer Compensation for the Ship’s Loss or Foundering to Ensure that Seafarers are Compensated When a Ship is Lost or has Foundered

reg 2 6 compensation

MLC 2006 Regulation 2.6 deals with Seafarer Compensation for the Ship’s Loss or Foundering. Under the MLC, 2006 seafarers are entitled to adequate compensation in the case of injury, loss or unemployment arising from a ship’s loss or foundering.

Flag States are required to make rules to ensure that shipowners pay to each seafarer on board an indemnity against unemployment resulting from their ship’s loss or foundering. This indemnity may be limited to two months’ wages.

Aside from the using the term 'rules', the Convention does not specify the legal form for implementation; however it must be in a form that is mandatory under the national legal system.

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mlc2006 seafarer compensation

MLC 2006 Regulation 2.6 Seafarer Compensation for the Ship’s Loss or Foundering (Summary)

Purpose: To ensure that seafarers are compensated when a ship is lost or has foundered

  • You are entitled to adequate compensation in case of injury, loss or unemployment due to the ship’s loss or foundering.
  • This should be paid to you by the shipowner, and shouldn’t prevent you from asserting any other rights to claim you may have under relevant national law.
  • For the period that you are unemployed, you should be paid the same amount as you would have received under your contract, but the total may be limited to 2 months’ wages.

Title 2. Conditions of Employment

Regulation 2.6; Code Standard A2.6 and Guideline B2.6

MLC 2006 Regulation 2.6 - Seafarer Compensation for the Ship’s Loss or Foundering

Purpose: To ensure that seafarers are compensated when a ship is lost or has foundered

  1. Seafarers are entitled to adequate compensation in the case of injury, loss or unemployment arising from the ship’s loss or foundering.

Standard A2.6 - Seafarer Compensation for the Ship’s Loss or Foundering

  1. Each Member shall make rules ensuring that, in every case of loss or foundering of any ship, the shipowner shall pay to each seafarer on board an indemnity against unemployment resulting from such loss or foundering.
  2. The rules referred to in paragraph 1 of this Standard shall be without prejudice to any other rights a seafarer may have under the national law of the Member concerned for losses or injuries arising from a ship’s loss or foundering.

Guideline B2.6 - Seafarer Compensation for the Ship’s Loss or Foundering

Guideline B2.6.1 - Calculation of Indemnity Against Unemployment

  1. The indemnity against unemployment resulting from a ship’s foundering or loss should be paid for the days during which the seafarer remains in fact unemployed at the same rate as the wages payable under the employment agreement, but the total indemnity payable to any one seafarer may be limited to two months’ wages.
  2. Each Member should ensure that seafarers have the same legal remedies for recovering such indemnities as they have for recovering arrears of wages earned during the service.

Disclaimer: For general information purpose only - please check with ILO MLC 2006 for the latest requirements and accurate info

LAST UPDATED ON Aug 11, 2021