Safeguarding the rights of seafarers on Maltese registered vessels

Abstract

Seafaring has an international dimension which makes seamen prone to abuse by callous shipowners. However, it would be mistaken to assume that safeguarding the rights of seafarers is the responsibility of the shipowner alone. This responsibility is shared with the crew, too. Appropriate training and certification made compulsory ensures a safe and quality crew regardless of its origin. The employer has a duty to promote a healthy working atmosphere where there are clear distinctions between work and rest periods. The growing popularity of port state control will provide the proper enforcing machinery to ensure this. The importance of the right to wages is endorsed at law. The right to receive full wages while significant is not absolute. Allowances must be made for disciplinary fines and forfeiture. While repatriation to a proper return port is a right, abandonment is its denial. The state of abandonment is primarily the shipowner's doing. Although all States concerned should come to the aid of distressed seamen, the law should address ways in which shipowners cannot evade their accountability. There are two types of compensation that an employee is entitled to when injured - the right to immediate expenses resulting from the injury and the right to damages resulting either directly or vicariously. The shipowner is in general, absolutely liable for any injury suffered in the service of the ship. Knowing this, he ought to be prepared financially for such eventualities and not make it overbearing for those concerned. Compulsory insurance best protects the seafarer's rights despite the legal hurdles. The problem of insolvency can be addressed by bank guarantees and improving social security regimes and the system of arresting vessels. Nevertheless, any measure done on a regional basis will have its limitations. For the seafarer's rights to be surely safeguarded the initiative must be globally driven.