A cargo ship has been stuck in Sète for three months. The shipowner no longer answers, provisions are running out and wages have stopped. The seafarers, their union or the welfare association assisting them want to know what they can obtain, and from whom.
The right to repatriation
The French Transport Code rules set out below apply to seafarers governed by French law, in particular on board French-flagged ships. For a foreign ship, the answer turns on the law of the flag, the financial security required by the Maritime Labour Convention and port State control; arrest of the ship by the seafarers remains available in France.
The French Transport Code requires the employer to arrange the seafarer’s repatriation in the cases it lists (Article L. 5542-29 of the French Transport Code). Repatriation includes the return of the seafarer’s documents and transport to the destination of his or her choice, among those provided for by the text (Article L. 5542-31 of the Transport Code). The costs are borne by the employer, and no advance may be required from the seafarer (Article L. 5542-32 of the Transport Code), save in the specific cases of serious misconduct (Article L. 5542-33 of the Transport Code).
The shipowner must also provide security for the payment or reimbursement of repatriation and medical costs for seafarers employed on ships engaged on international voyages or on fishing vessels (Article L. 5542-32-1 of the Transport Code).
When the shipowner fails to act
As soon as it becomes aware of a shipowner’s or employer’s default, the administrative authority serves formal notice requiring it to state the measures it intends to take (Article L. 5542-33-1 of the Transport Code). If nothing follows, the State may arrange the repatriation itself and then apply for the arrest of the ship to secure reimbursement of the costs incurred (Article L. 5542-33-2 of the Transport Code, referring to Article L. 5114-22).
Financial security under the Maritime Labour Convention
Since the 2014 amendments to the Maritime Labour Convention, which entered into force in 2017, the shipowner must hold financial security covering abandonment (Regulation 2.5 and Standard A2.5.2). It covers outstanding wages and entitlements for up to four months, repatriation costs and the seafarer’s essential needs on board. The certificate evidencing this security must be carried on board; the security provider, often the P&I club, may be approached directly by the seafarer.
Wage claims and the ship
Crew wages are among the claims secured by a maritime lien on the ship and among the maritime claims giving a right of arrest under the 1952 Brussels Convention. The seafarers can therefore arrest the ship themselves. If it is sold, their lien ranks them ahead of mortgage creditors.
What the firm checks first
- The flag, and whether the flag State is a party to the Maritime Labour Convention.
- The financial security certificate and the identity of the provider.
- The employment agreements and the wage arrears.
- The steps already taken with the maritime authority.
- Whether an arrest by the seafarers is advisable.
For the firm’s services, see Seafarers.
Further reading
- Abandoned vessel in a French port: port powers, forfeiture and claims
- Shipowner in receivership or liquidation: filing a claim and what happens to the vessel
- Ship arrest: the deadline to bring the main action that creditors forget
This analysis is part of the firm’s work in maritime law.
Frequently asked questions
Who pays for the repatriation of an abandoned seafarer?
The employer, with no advance required from the seafarer (Article L. 5542-32 of the Transport Code). Failing that, the State may arrange it and recover the cost, if necessary by arresting the ship.
What does the financial security for abandonment cover?
Up to four months of outstanding wages and entitlements, repatriation costs and essential needs on board (MLC 2006, Standard A2.5.2).
Can the seafarers arrest the ship?
Yes. A wage claim is a maritime claim within the meaning of the 1952 Convention.