An injury, illness or unpaid wage claim can place a seafarer and their family under immediate financial pressure. The first step is to establish the applicable law, the employment terms and the evidence needed to support the claim. Medical costs, sickness wages and compensation for disability or death are distinct entitlements and should be assessed separately.
The legal and contractual framework
Myanmar ratified the Maritime Labour Convention, 2006 (MLC 2006), which entered into force for Myanmar on 25 May 2017. The Convention establishes minimum standards implemented through national measures. For an individual claim, the vessel’s flag, applicable national law, seafarers’ employment agreement (SEA) and any applicable collective bargaining agreement (CBA) must be examined.
Regulation 2.1 addresses written employment terms and the incorporation of applicable CBAs, to the extent compatible with national law and practice. A CBA should not be assumed to cover every seafarer. Its applicability and the relevant version must be established before relying on its compensation provisions.
Medical expenses and sickness wages
Standard A4.2.1 requires shipowners’ responsibilities for sickness and injury to be addressed through national laws and regulations. Paragraph 1 covers specified medical and related costs, subject to the Standard’s conditions and permitted exceptions.
Where illness or injury causes incapacity for work, paragraph 3(a) provides for full wages while the seafarer remains on board or until repatriation under the Convention. Paragraph 3(b) addresses wages after repatriation or landing, in whole or in part as prescribed by national law or provided by collective agreements. Paragraphs 2 and 4 permit certain national limits on liability, but the relevant periods must not be less than 16 weeks from the injury or commencement of sickness. This is not a universal rule that every claim ends after 16 weeks.
Death and long-term disability compensation
Standard A4.2.1, paragraph 1(b), requires financial security for compensation for death or long-term disability due to occupational injury, illness or hazard, as set out in national law, the SEA or a collective agreement. The MLC does not prescribe a single compensation amount for all cases.
Entitlement and valuation may depend on medical findings, the employment connection, the contractual compensation scale and the identity of the person entitled to receive payment. Paragraph 8 provides safeguards for contractual compensation, including protection against pressure to accept less than the contractual amount. Standard A4.2.2 addresses the financial security system and fair, expeditious handling of contractual claims.
Unpaid wages and other employment payments
Under Standard A2.2, paragraphs 1 and 2, payments must be made at intervals no greater than monthly and in accordance with any applicable collective agreement. Seafarers must receive a monthly account showing amounts due and paid, including relevant additional payments and exchange rates.
A wage claim should identify the period worked, agreed rates, sums paid and balance outstanding. Overtime and other benefits require examination of the SEA, CBA and supporting records. An unpaid wage claim should be distinguished from compensation for injury or disability, even where both arise during the same employment.
Documents and settlement terms
Preserve the signed SEA, applicable CBA, wage accounts, bank records, medical reports, incident reports and correspondence. In a death claim, documents establishing the claimant’s entitlement may also be required. Notice requirements, limitation periods and the proper forum should be checked promptly.
Before signing a settlement, receipt or release, establish which claims it covers and whether it waives further rights. The amount offered should be considered against the applicable law, contract and medical evidence. A payment described as final may have consequences beyond the immediate sum received.
Legal assistance from ILPC
ILPC provides legal advice and representation for seafarers and families in injury, death compensation and wage disputes. We assist with reviewing employment documents, assessing claims, negotiations and dispute resolution. Contact ILPC with the available employment, payment and medical records to discuss the next steps.
Disclaimer
This publication is provided for general information only. It does not constitute legal advice and should not be relied upon as such. Specific advice should be sought in relation to any particular matter.
