Merchant Shipping (Maritime Labour Convention) Act 2014

Merchant Shipping
(Maritime Labour Convention)
Act 2014

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to give effect to the Maritime Labour Convention, 2006, to make provisions generally for matters connected therewith.

[1 April 2014]

PART 1

PRELIMINARY

Short title

1.  This Act is the Merchant Shipping (Maritime Labour Convention) Act 2014.

Interpretation

2.—(1)  In this Act, unless the context otherwise requires —

“armed robbery”, in relation to a ship, means —

(a) any illegal act of violence or detention or any act of depredation, or threat of such act, other than an act of piracy, committed for private ends and directed against the ship or against persons or property on board the ship, within a State’s internal waters, archipelagic waters and territorial sea; or

(b) any act of inciting or intentionally facilitating an act mentioned in paragraph (a);

“Authority” means the Maritime and Port Authority of Singapore established under the Maritime and Port Authority of Singapore Act 1996;

“collective agreement”  —

(a) in relation to a collective agreement governed by the Industrial Relations Act 1960, has the meaning given by that Act; and

(b) in relation to a collective agreement not governed by the Industrial Relations Act 1960, means a similar agreement governed by the law of a territory outside Singapore;

“Convention” means the Maritime Labour Convention, 2006 adopted by the International Labour Organization at Geneva on 23 February 2006 and —

(a) includes any amendment to the Convention which has come into force and has been accepted by the Government; and

(b) where the context admits or requires, includes the Regulations, and the Standards in Part A of the Code, of the Convention;

“court”, in relation to any proceedings, includes any court having jurisdiction in the matter to which the proceedings relate;

“Declaration of Maritime Labour Compliance” means the declaration mentioned in section 50;

“Director” means the Director of Marine appointed under section 4 of the Merchant Shipping Act 1995 and includes the Deputy Director of Marine appointed under that Act;

“gross rate of pay” means the total amount of money including allowances to which a seafarer is entitled under his or her seafarer’s employment agreement either —

(a) for working for a period of time, that is, for one hour, one day, one week, one month or for such other period as may be stated or implied in his or her seafarer’s employment agreement; or

(b) for each completed piece or task of work,

but does not include —

(c) additional payments by way of overtime payments;

(d) additional payments by way of bonus payments or annual wage supplements;

(e) any sum paid to the seafarer as reimbursement for special expenses incurred by him or her in the course of employment;

(f) productivity incentive payments; and

(g) travelling, food or housing allowances;

“gross tonnage”, in relation to a ship, means its gross tonnage calculated in accordance with —

(a) the regulations in Annex 1 of the International Convention on Tonnage Measurement of Ships, 1969 and any amendment to the regulations that has come into force and has been accepted by the Government; or

(b) any successor Convention accepted by the Government;

“hours of rest” means a period during which the seafarer is free to dispose of his or her own time and movements, but does not include any short breaks and any intervals allowed during hours of work for rest and meals;

“inspector” means a person who —

(a) is a surveyor of ships; or

(b) is appointed in writing by the Director to be an inspector for the purposes of this Act;

“Maritime Labour Certificate” means the certificate mentioned in section 52;

“master” includes every person, except a pilot, having command or charge of a ship;

“medical fitness certificate” means a certificate attesting to a person’s fitness to perform the duties which that person will carry out at sea and which is issued by a qualified medical practitioner (whether or not subject to restrictions or conditions);

“other relevant written law” means other written law implementing the requirements of the Convention, as specified in the First Schedule;

“piracy” has the same meaning as in the United Nations Convention on the Law of the Sea adopted on 10 December 1982 by the Third United Nations Conference on the Law of the Sea;

“Port Master” means the Port Master appointed under section 15 of the Maritime and Port Authority of Singapore Act 1996 and includes any Deputy Port Master appointed under that section;

“qualified medical practitioner” means a person who —

(a) is a duly qualified medical practitioner under the Medical Registration Act 1997; or

(b) possesses such other qualification as may be approved by the Director;

“Recognised Organisation” means any organisation appointed by the Director under section 5(1) of the Merchant Shipping Act 1995, or the Merchant Shipping (Authorised Organisations) Regulations or any regulations made under section 116 of the Merchant Shipping Act 1995, and authorised by the Director to do one or more of the following:

(a) survey and inspect Singapore ships for the purposes of the requirements of the Convention or this Act;

(b) issue Maritime Labour Certificates and Declarations of Maritime Labour Compliance in respect of Singapore ships;

“requirements of the Convention” refers to the requirements in the Articles, the Regulations, and Part A of the Code, of the Convention;

“seafarer” means any person, including the master, who is employed or engaged or works in any capacity on board a ship, but does not include —

(a) a pilot;

(b) a port worker;

(c) a person temporarily employed on the ship during the period it is in port; and

(d) a person specified in an Order made by the Authority, with the approval of the Minister, declaring the categories of persons not to be regarded as seafarers;

“seafarer recruitment and placement service” means any person, company, institution, agency or other organisation which is engaged in recruiting seafarers on behalf of shipowners or placing seafarers with shipowners;

“seafarer’s employment agreement” means a contract of employment and articles of agreement in writing made between a person employed as a seafarer on a ship and the person employing him or her;

“ship” has the meaning given by the Merchant Shipping Act 1995, but does not include —

(a) any vessel which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where the Maritime and Port Authority of Singapore (Port) Regulations apply;

(b) any warship or naval auxiliary;

(c) any ship engaged in fishing or in similar pursuits;

(d) any ship of traditional build such as dhows and junks;

(e) any ship that is intended to be operated without any seafarer on board; and

(f) any ship specified in an Order made by the Authority, with the approval of the Minister, declaring the categories of ships to be excluded from the application of this Act;

“shipowner”, in relation to a ship, means the owner of the ship, and includes —

(a) the registered owner; or

(b) in the absence of registration —

(i) the person owning the ship; or

(ii) any other person (such as the ship manager, agent or bareboat charterer) who has assumed responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with the Convention, whether or not any other organisation or person fulfils certain of the duties or responsibilities on the shipowner’s behalf;

“Singapore ship” has the meaning given by the Merchant Shipping Act 1995;

“STCW Code” means the Seafarers’ Training, Certification and Watchkeeping Code adopted by the 1995 Conference of Parties to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 and any amendment to the Code that has come into force and has been accepted by the Government;

“surveyor of ships” means a person appointed as a surveyor of ships under section 5 of the Merchant Shipping Act 1995;

“young seafarer” means any seafarer who is 16 years of age or above and below 18 years of age.

[3/2019; 16/2020]

(2)  References in this Act —

(a) to a failure to do any act or thing include references to a refusal or neglect to do that act or thing;

(b) to going to sea include, in the case of a Singapore ship, references to going to sea from any country outside Singapore; and

(c) to a death occurring on a ship include references to a death occurring in a ship’s boat or life raft and to being lost from a ship, ship’s boat or life raft.

(3)  For the purposes of this Act —

(a) a seafarer is discharged from a ship when his or her employment on that ship is terminated;

(b) a seafarer discharged from a ship in any country and left there is deemed to be left behind in that country even though the ship also remains there; and

(c) a ship is deemed to have gone to sea if it has got under way for any purpose except for the purpose of moving the ship from one berth or place in a port to another berth or place in the port.

PART 2

SCOPE OF APPLICATION

Application of this Act

3.—(1)  Except as otherwise expressly provided, this Part and Parts 1 and 11 apply to —

(a) all Singapore ships ordinarily engaged in commercial activities wherever they may be;

(b) all ships, not being Singapore ships, in Singapore, whether publicly or privately owned, ordinarily engaged in commercial activities; and

(c) all seafarers employed on ships mentioned in paragraph (a) or (b).

(2)  Except as otherwise expressly provided, Parts 3 to 7 and 9 apply to —

(a) all Singapore ships ordinarily engaged in commercial activities wherever they may be; and

(b) all seafarers employed on ships mentioned in paragraph (a).

Exemption of ship

4.—(1)  Subject to this section, where the Authority determines that it would not be reasonable or practicable to apply any provision of this Act, or any regulations made under this Act, to any Singapore ship of less than 200 gross tonnage and not engaged in international voyages, the Authority may exempt that Singapore ship, or particular categories of Singapore ships, either generally or for such time or such voyage as the Authority determines.

(2)  The Authority may, in granting any exemption under subsection (1), impose such conditions on the Singapore ship, or particular categories of Singapore ships, as the Authority thinks fit.

(3)  Without limiting subsections (1) and (2), the conditions may include a requirement that the provisions of any other written law, or the terms of any seafarer’s employment agreement or collective agreement, or other measures, be complied with in lieu of any provision of this Act, or any regulations made under this Act, or Part A of the Code of the Convention.

PART 3

MINIMUM REQUIREMENTS FOR SEAFARERS’ EMPLOYMENT

Minimum age of seafarers

5.—(1)  A person must not cause or permit a person below 16 years of age to be employed on board a ship.

(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Minimum age of cooks on board ships

6.—(1)  A seafarer below 18 years of age must not be employed or engaged, or work, as a ship’s cook.

(2)  Any person who employs or engages a seafarer below 18 years of age to work as a ship’s cook shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Seafarer to have valid medical fitness certificate

7.—(1)  Subject to subsections (3) and (4), a person must not work as a seafarer on a ship unless that person has been issued with a medical fitness certificate complying with the prescribed requirements, and which is valid and is not suspended.

(2)  A seafarer who has been issued with a medical fitness certificate must carry that certificate on board during the term of that seafarer’s employment on a ship.

(3)  A seafarer whose medical fitness certificate has expired during the course of a voyage may continue to work until the earlier of the following:

(a) the first port of call at which it is possible for the seafarer to apply for a medical fitness certificate and to be examined by a qualified medical practitioner;

(b) the end of 3 months starting from the date of the expiry of the certificate.

(4)  In urgent cases, with the Director’s approval, if a person —

(a) does not hold a valid medical fitness certificate; but

(b) has held a medical fitness certificate for at least 24 months (or in the case of a person below 18 years of age at the date of issue of the certificate, at least 12 months) and that certificate has expired no earlier than one month before the date on which that person joined a ship,

that person may work as a seafarer on that ship until the first port of call at which it is possible for an application for a medical fitness certificate in respect of that person to be made and for that person to be examined by a qualified medical practitioner, but in any case not for a period exceeding 3 months.

(5)  No person may work as a seafarer on a ship in a capacity of sea service or in a geographical area precluded by any restriction in that person’s medical fitness certificate.

(6)  No person may work as a seafarer on a ship in breach of a condition of that person’s medical fitness certificate.

Employment of seafarers

8.—(1)  Subject to subsections (2) and (3), a person must not employ another person as a seafarer on a ship unless that other person has been issued with a medical fitness certificate complying with the prescribed requirements, and which is valid and is not suspended.

(2)  A person may continue to employ, as a seafarer on a ship, a person whose medical fitness certificate has expired during the course of a voyage until the earlier of the following:

(a) the first port of call at which it is possible for the seafarer to apply for a medical fitness certificate and to be examined by a qualified medical practitioner;

(b) the end of 3 months starting from the date of expiry of the certificate.

(3)  In urgent cases, with the Director’s approval, if a person who is a seafarer —

(a) does not hold a valid medical fitness certificate; but

(b) has held a medical fitness certificate for at least 24 months (or in the case of a person below 18 years of age at the date of issue of the certificate, at least 12 months) and that certificate has expired no earlier than one month before the date on which the seafarer joined a ship,

a person may employ that person as a seafarer on that ship until the first port of call at which it is possible for an application for a medical fitness certificate in respect of that seafarer to be made and for that seafarer to be examined by a qualified medical practitioner, but in any case not for a period exceeding 3 months.

(4)  A person must not employ a person as a seafarer on a ship in a capacity of sea service or in a geographical area precluded by any restriction in that person’s medical fitness certificate.

(5)  A person must not employ a person as a seafarer on a ship in a way that breaches a condition of that person’s medical fitness certificate.

(6)  Any person who contravenes subsection (1), (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

Period of validity of medical fitness certificate

9.  A medical fitness certificate is valid only from the date of the medical examination and for the period specified on the certificate, which must not exceed the following maximum periods:

(a) in respect of a person below 18 years of age, one year;

(b) in respect of a person of 18 years of age or above, 2 years.

Reporting of medical conditions

10.—(1)  A seafarer who holds a medical fitness certificate and who —

(a) is, or is likely to be, absent from work for 30 days or more due to a medical condition; or

(b) develops a significant medical condition,

must report that medical condition as soon as practicable to a qualified medical practitioner.

(2)  If a seafarer is required to make the report mentioned in subsection (1), the validity of that seafarer’s medical fitness certificate is suspended from the date on which it first becomes practicable for that seafarer to make the report until the date (if any) on which a qualified medical practitioner has assessed, if necessary by conducting a medical examination of the seafarer, that the seafarer is fit having regard to any prescribed medical standards.

(3)  In this section, “medical condition” includes both injury and illness, and a significant medical condition is one which adversely affects or is reasonably likely to adversely affect the seafarer’s ability to carry out his or her duties, including the seafarer’s ability to undertake emergency duties.

Review of qualified medical practitioner’s decision

11.—(1)  A person who is aggrieved by —

(a) the refusal of a qualified medical practitioner to issue a medical fitness certificate;

(b) any restriction imposed on such a certificate; or

(c) the suspension for more than 3 months or cancellation of such a certificate by a qualified medical practitioner,

may, not later than 90 days after the refusal, restriction, suspension or cancellation, apply to the Director for the matter to be reviewed by another qualified medical practitioner.

(2)  On receiving the application, the Director must permit the medical fitness of the seafarer to be reviewed by another qualified medical practitioner unless the Director is satisfied that such a review will not produce a different result.

Seafarer recruitment and placement services

12.—(1)  A person must not operate a seafarer recruitment and placement service in Singapore unless the person is authorised to do so by the Director.

(2)  Despite any written law to the contrary, a person must not demand or receive, directly or indirectly, from a seafarer or a person seeking employment as a seafarer (called a prospective employee), or from a person on behalf of a prospective employee, any remuneration for providing the prospective employee with employment.

(3)  Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.

(4)  The Authority may, with the approval of the Minister, make regulations for the control and management of seafarer recruitment and placement services for the purposes of this Act and, in particular, in respect of all or any of the following matters:

(a) prohibiting seafarer recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified;

(b) maintenance of a seafarer recruitment and placement register by the seafarer recruitment and placement services;

(c) the recruitment and placement process;

(d) ensuring that shipowners have the means to protect seafarers from being stranded in a foreign port;

(e) the procedure for the examination of and response by the seafarer recruitment and placement services to any complaint concerning their activities;

(f) prescribing a compensation scheme for the protection of seafarers in the event the seafarer recruitment and placement service or the shipowner fails to meet obligations under the seafarer’s employment agreement;

(g) inspection of the premises and documents of any seafarer recruitment and placement service.

(5)  The Director or an inspector may, at any time, for the purposes of this section —

(a) enter and inspect any premises of any seafarer recruitment and placement service;

(b) require and enforce the production of any book, certificate or document relating to any ship, seafarer or seafarer recruitment and placement service; and

(c) summon any person before the Director or inspector and require the person to answer questions.

(6)  To avoid doubt, this section does not affect the requirement of a person to comply with the Employment Agencies Act 1958.

(7)  A shipowner must not use a seafarer recruitment and placement service located in a state or territory that has not acceded to or ratified the Convention unless the shipowner has satisfied the Director that the seafarer recruitment and placement service is compliant with the requirements of the Convention.

PART 4

CONDITIONS OF SEAFARERS’ EMPLOYMENT

Shipowners to provide seafarers with safe and secure workplace

13.  Subject to this Act, it is the duty and obligation of every shipowner to provide and ensure that every seafarer in the shipowner’s employment is provided, in accordance with the requirements of this Act and any other written law, with —

(a) a safe and secure workplace that complies with safety standards prescribed by written law;

(b) fair terms of employment;

(c) decent working and living conditions on board the ship; and

(d) health protection, medical care and welfare measures prescribed by written law.

Seafarer’s employment agreement

14.—(1)  A person must not cause or permit another person without a seafarer’s employment agreement to be employed as a seafarer on a ship.

(2)  Every shipowner must —

(a) ensure that the seafarer’s employment agreement is read over and explained to the seafarer;

(b) ascertain that the seafarer understands the agreement;

(c) ensure that the seafarer has been given an opportunity to examine and seek advice on the agreement before the seafarer signs it; and

(d) ensure that the agreement is signed both by the seafarer and by or on behalf of the shipowner.

(3)  The master or shipowner must cause to be supplied to the seafarer a signed original of the seafarer’s employment agreement under which the seafarer is employed.

(4)  If a seafarer’s employment agreement is not in English, a copy of the standard form of the seafarer’s employment agreement must be available in English on board the ship.

(5)  Where a collective agreement forms all or part of a seafarer’s employment agreement, a copy of that collective agreement must be available on board the ship and, where that collective agreement is not in English, the portions of that collective agreement that are subject to an inspection in port as specified in the Second Schedule must also be available in English.

(6)  The Authority may prescribe the form of and the matters to be included in the seafarer’s employment agreement and the particulars to be entered into it.

(7)  Any term of a seafarer’s employment agreement that imposes a condition of service which is less favourable to a seafarer than any of the terms contained in this Act is unenforceable by the shipowner to the extent that it is so less favourable.

(8)  Any term in an employment agreement providing for the seafarer to forego any part of the minimum annual leave prescribed under section 22 is unenforceable insofar as it purports to deprive the seafarer of that right or to remove or reduce the liability of the shipowner to grant the minimum annual leave prescribed under this Part except under such circumstances as may be prescribed by the Authority.

(9)  Either party to a seafarer’s employment agreement may at any time give to the other party notice of the firstmentioned party’s intention to terminate the agreement.

(10)  The length of the notice must be the same for both the shipowner and the seafarer and must be in accordance with the seafarer’s employment agreement, provided that the notice period is not less than 7 days, except in circumstances prescribed under subsection (14)(c).

(11)  Such notice must be written and may be given at any time, and the day on which the notice is given must be included in the period of the notice.

(12)  Either party to the seafarer’s employment agreement may, without waiting for the expiry of the notice mentioned in subsection (10), terminate the agreement by paying to the other party a sum equal to the amount of salary at the gross rate of pay which would have accrued to the seafarer during the period of the notice.

(13)  Despite subsections (9) and (12) or any term of the seafarer’s employment agreement, where a seafarer is held captive on or off a ship as a result of an act of piracy or armed robbery against the ship, the seafarer’s employment agreement continues to have effect during the period of captivity, regardless of whether —

(a) the date fixed for the expiry of the seafarer’s employment agreement has passed; or

(b) either party to the seafarer’s employment agreement has given notice to suspend or terminate it.

[16/2020]

(14)  The Authority may, with the approval of the Minister, make regulations for all matters relating to the engagement and discharge of seafarers, including the following matters:

(a) the categories of seafarer’s employment agreements;

(b) seafarer’s discharge books and other records of employment;

(c) the circumstances under which a notice period shorter than the minimum notice period of 7 days may be permitted.

(15)  Any person who employs a seafarer or enters into a seafarer’s employment agreement with a seafarer in contravention of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

Notification of crew list

15.—(1)  A shipowner and the master must notify the Authority, in the prescribed manner, of the details of seafarers who are employed on a ship on the following occasions:

(a) when the ship is registered, provisionally or otherwise, under Part 2 of the Merchant Shipping Act 1995;

(b) when a seafarer’s employment agreement is entered into with any seafarer;

(c) when any term of the seafarer’s employment agreement of a seafarer employed on the ship is altered;

(d) when a seafarer is discharged from the ship.

(2)  Any shipowner or master who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Hours of rest

16.—(1)  Every shipowner must ensure that every seafarer in the shipowner’s employment is given the hours of rest in accordance with this section.

(2)  The minimum hours of rest are 10 hours in any 24‑hour period and 77 hours in any 7‑day period.

(3)  The minimum hours of rest may be divided into no more than 2 periods, one of which must be at least 6 hours in length, and the interval between consecutive periods of rest must not exceed 14 hours.

(4)  Where a seafarer is employed in work during hours of rest, he or she must be compensated with an equivalent period of rest in the next rest period, or if not possible, as soon as practicable after that.

(5)  A person must not cause or permit payment to be made in lieu of hours of rest.

(6)  The master must cause for every position —

(a) the schedule of service at sea and service in port;

(b) the minimum hours of rest required by this Act; and

(c) all other information on working arrangements that may be required by the Director from time to time,

to be displayed in English and the working language or languages of the ship using such format as may be prescribed by the Authority and posted in an easily accessible place on board the ship.

(7)  The master must maintain a record of each seafarer’s daily hours of rest on board the ship, which must —

(a) be in a standardised format that may be prescribed by the Authority; and

(b) be in English and, if the working language of the ship is not English, also be in the working language or languages of the ship.

(8)  The master must at the end of each month cause a seafarer to be given a record of the seafarer’s daily hours of rest mentioned in subsection (7) that has been endorsed by or on behalf of the master.

(9)  The Director may, in any particular case, permit exceptions to the hours of rest set out in this section in accordance with and subject to any prescribed conditions.

(10)  Nothing in this section prevents the master from suspending a seafarer’s hours of rest for the purposes of performing work that is necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea, provided that the seafarer is compensated with an equivalent period of rest as soon as practicable after the normal situation has been restored.

(11)  Any shipowner who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

Restriction on working hours for young seafarer

17.—(1)  Subject to section 16(10) and subsection (2) —

(a) a person must not require any young seafarer to work more than 8 hours per day or 40 hours per week; and

(b) a shipowner and the master must ensure that a young seafarer is —

(i) allowed sufficient time for all meals and a break of at least one hour for the main meal of the day; and

(ii) allowed a 15‑minute rest period as soon as practicable following every 2 hours of continuous work.

(2)  A young seafarer may be required to work under conditions that do not comply with subsection (1) if the master is of the opinion that —

(a) the effective training of the young seafarer in accordance with established programmes and schedules would be impaired; or

(b) the requirements of subsection (1) are impracticable for the young seafarer assigned to watchkeeping duties or working on a rostered shift‑work system in the deck, engine room or catering departments.

(3)  The master must keep a record of all instances where a young seafarer is required under subsection (2) to work under conditions that do not comply with subsection (1), and the record must state the reasons and be signed by the master.

Restriction on night work for young seafarer

18.—(1)  Subject to subsection (2), a person must not cause or permit any young seafarer to be employed in any kind of night work on any ship.

(2)  Despite subsection (1), the Director may give approval for a young seafarer to be employed in night work if the Director is of the opinion that —

(a) the effective training of the young seafarer in accordance with established programmes and schedules would be impaired; or

(b) the specific nature of the work or a recognised training programme requires that the young seafarer perform duties at night and the Director has determined that the work will not be detrimental to the seafarer’s health or wellbeing.

(3)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

(4)  In this section, “night work” means work done between 9 p.m. and 6 a.m. of the following day according to the time zone the ship is in.

Prohibition on hazardous work for young seafarer

19.—(1)  A person must not cause or permit any young seafarer to be employed in any hazardous work on any ship.

(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

(3)  In this section, “hazardous work” means any of the following work:

(a) lifting, moving or carrying of heavy loads or objects;

(b) entry into boilers, tanks and cofferdams;

(c) exposure to harmful noise and vibration levels;

(d) operating hoisting and other power machinery and tools, or acting as signallers to operators of such equipment;

(e) handling mooring or tow lines or ground tackle;

(f) rigging;

(g) work aloft or on deck in heavy weather;

(h) servicing of electrical equipment;

(i) exposure to potentially harmful materials or harmful physical agents such as dangerous or toxic substances and ionising radiation;

(j) cleaning of catering machinery;

(k) handling or taking charge of ship’s boats.

Wages

20.—(1)  Except as otherwise provided in this Act or any other written law, the wages due to a seafarer under a seafarer’s employment agreement must be paid to the seafarer in full on a monthly basis, before the expiry of the last day of the month in respect of which the salary is payable.

(2)  If any amount which, under subsection (1), is payable to a seafarer is not paid at the time at which it is so payable, the seafarer is entitled to wages at the rate last payable under the seafarer’s employment agreement for every day on which the amount remains unpaid until it is paid in full.

(3)  Subsection (2) does not apply if the failure to pay was due to any reasonable dispute as to liability or to the act or default of the seafarer or to any other cause, not being the wrongful act or default of the person liable to pay the seafarer’s wages or of the person’s employee or agent.

(4)  The master of a ship must deliver to each seafarer employed on the ship under a seafarer’s employment agreement, a monthly account of wages due to the seafarer under that agreement, including but not limited to basic wage, basic leave wage, overtime pay and other allowances stated in the agreement, and additional payments and deductions subject to which the wages are payable (called in this section the account).

(5)  Where the payment is made in a currency or at a rate that is different from the one agreed to, the account should also indicate the rate of exchange used, which is either —

(a) the prevailing market rate of the bank designated by the seafarer; or

(b) the exchange rate set out in the collective agreement for the duration of the agreement,

provided that the exchange rate is not unfavourable to the seafarer.

(6)  The account must indicate that the amounts stated in it are subject to any later adjustment that may be found necessary and the master must deliver the account before the expiry of the last day of the month in respect of which the salary is payable.

(7)  If the amounts stated in the account require adjustment, the person who employed the seafarer must deliver to the seafarer a further account stating the adjusted amounts, and must deliver that account to the seafarer before the expiry of the last day of the next month in respect of which the salary is payable.

(8)  Where a seafarer is held captive on or off a ship as a result of an act of piracy or armed robbery against the ship, the seafarer’s wages and other entitlements (including the remittance of any allotments made in accordance with section 21) under —

(a) the seafarer’s employment agreement;

(b) any applicable collective agreement; or

(c) any written law,

must continue to be paid during the entire period of captivity and until —

(d) the date on which the seafarer is released and duly repatriated in accordance with this Act; or

(e) the date of the seafarer’s death, if the seafarer dies while in captivity.

[16/2020]

(9)  Any person who, without reasonable cause, fails to comply with subsection (4), (6) or (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Allotment notes

21.—(1)  Subject to this section, a seafarer may, by means of an allotment note, allot directly to any person or persons nominated by the seafarer, by bank transfer or similar means, all or part of the wages to which the seafarer will become entitled in the course of employment on a ship.

(2)  A person to whom any part of a seafarer’s wages has been allotted by an allotment note issued in accordance with this section has the right to recover that part in the person’s own name and for that purpose has the same remedies as the seafarer has for the recovery of the seafarer’s wages.

(3)  In any proceedings brought by a person named in an allotment note as the person to whom any part of a seafarer’s wages has been allotted, it is presumed, unless the contrary is proved, that the seafarer is entitled to the wages specified in the note and that the allotment has not been varied or cancelled.

(4)  Unless the shipowner and the seafarer otherwise agree —

(a) the first sum payable under an allotment note is payable not less than one month from the date on which the allotment note is issued, and subsequent sums become payable at regular intervals of not less than one month reckoned from the date when the first sum is payable; and

(b) no sum is payable under an allotment note before the seafarer has earned any of the wages allotted by it.

(5)  A person providing services for the allotment of wages in accordance with this section may charge the seafarer a fee if —

(a) such fee charged is reasonable; and

(b) the exchange rate used is either —

(i) the prevailing market rate of the bank designated by the seafarer; or

(ii) the exchange rate set out in the collective agreement for the duration of the agreement, provided that the exchange rate is not unfavourable to the seafarer.

Entitlement to annual leave

22.—(1)  A seafarer is entitled to paid annual leave, taken at such time as may be agreed between the seafarer and the shipowner in accordance with the terms of the seafarer’s employment agreement, of at least 2.5 days per month of continuous service with the shipowner which is in addition to leave that the seafarer is entitled under subsection (4).

(2)  A seafarer is entitled to his or her gross rate of pay for every day of annual leave.

(3)  A seafarer who has served a shipowner for a period shorter than 12 months of continuous service in any year or in the event of termination of employment otherwise than for misconduct, is entitled to annual leave in proportion to the number of completed months of service in that year.

(4)  Leave of absence granted for the following purposes is not counted as part of a seafarer’s annual leave:

(a) time that seafarer is in transit to or from a ship, or on active stand‑by for immediate deployment;

(b) time‑off given for illness, injury or maternity;

(c) temporary shore leave by agreement between the shipowner and the seafarer under the seafarer’s employment agreement;

(d) public holidays designated under the Holidays Act 1998;

(e) absence from work to attend a maritime vocation training course that is approved by the Director;

(f) time spent awaiting repatriation and travel time during repatriation;

(g) leave granted under conditions that may be determined by the Director from time to time.

(5)  Where a seafarer is granted leave of absence without pay by the shipowner at the request of the seafarer, the period of the leave is disregarded for the purpose of computing continuous service under this section.

(6)  A seafarer is entitled to take annual leave in the place to which the seafarer has a substantial connection or is entitled to be repatriated.

(7)  A person must not require a seafarer to take annual leave in a place otherwise than that provided in the seafarer’s employment agreement unless —

(a) the seafarer gives consent;

(b) the shipowner bears the costs of transporting the seafarer to the place where the seafarer was engaged or recruited, whichever is nearer the seafarer’s home; and

(c) the shipowner bears the subsistence and all other directly related costs.

(8)  A person must not recall a seafarer who is on paid annual leave except in cases of extreme emergency as may be determined by the Director from time to time and provided that the seafarer’s consent has been obtained.

(9)  The shipowner must grant and the seafarer must take annual leave not later than 12 months after the end of every 12 months of continuous service and any seafarer who fails to take that leave by the end of such period ceases to be entitled to the leave.

(10)  Subject to subsection (9) and unless otherwise provided in an agreement applicable to the shipowner and the seafarer concerned, the seafarer is entitled to an uninterrupted period of annual leave.

(11)  In calculating the proportionate annual leave under subsection (3), any fraction of a day which is less than one‑half of a day is disregarded and where the fraction of the day is one‑half or more it is regarded as one day.

Repatriation of seafarers

23.—(1)  Subject to subsections (3) and (4), a person who employs a seafarer on a ship must not require the seafarer to work for a period of 12 months or longer before being entitled to repatriation.

(2)  A shipowner must repatriate a seafarer employed on a ship in the following circumstances:

(a) where the seafarer’s employment agreement of the seafarer concerned has expired;

(b) where the seafarer’s employment agreement has been terminated by the seafarer for justified reasons or by the shipowner;

(c) where the seafarer is no longer able to carry out his or her duties under his or her seafarer’s employment agreement or cannot be expected to carry them out, in the following circumstances:

(i) the seafarer has an illness or injury or other medical condition which requires his or her repatriation when found medically fit to travel;

(ii) the seafarer is taken to any country in the event of shipwreck;

(iii) the shipowner is not able to continue to fulfil the shipowner’s legal or contractual obligations as an employer of the seafarer by reason of insolvency, sale of ship, change of ship’s registration or any other similar reason;

(iv) the ship is bound for a war zone, as defined by written law or the seafarer’s employment agreement, to which the seafarer does not consent to go;

(v) the seafarer’s employment is terminated or interrupted in accordance with an industrial award or collective agreement;

(vi) the seafarer is left behind in any country for any reason;

(d) where, in violation of the requirements of this Act or the terms of the seafarer’s employment agreement —

(i) the seafarer is left by the shipowner without the necessary maintenance and support (including adequate food, accommodation, drinking water supplies, essential fuel for survival on board the ship and necessary medical care); or

(ii) where the seafarer’s ties with the shipowner have been unilaterally severed by the shipowner including where the shipowner has failed to pay the seafarer’s contractual wages for a period of at least 2 months;

(e) where the seafarer is released from captivity after being held captive on or off a ship as a result of an act of piracy or armed robbery against the ship.

[29/2016; 16/2020]

(3)  A shipowner must repatriate a young seafarer who has served without leave for 6 months, or any shorter period of time as determined under his or her seafarer’s employment agreement or a collective agreement, on board a ship that has not returned to the seafarer’s country of residence during that time and will not return to that country of residence in the next 3 months.

(4)  A young seafarer who is found to be unsuited to life at sea, after having served on a ship for at least 4 months during his or her first foreign‑going voyage, must be given the opportunity to be repatriated at no expense to the seafarer and in accordance with this section from the first suitable port of call in which there are consular services of Singapore or of the state of his or her nationality or residence.

(5)  A shipowner must notify the authority, of the state which issued the papers enabling the young seafarer concerned to take up seagoing employment, of the repatriation referred to in subsection (4) and the reasons for the repatriation.

(6)  A seafarer is entitled to be repatriated to any of the following places with which he or she has a substantial connection:

(a) the place at which the seafarer agreed to enter into the engagement;

(b) the place stipulated by an applicable collective agreement;

(c) the seafarer’s country of residence;

(d) such other place as may be mutually agreed at the time of engagement;

(e) such other place as may be determined by the Director as appropriate.

(7)  A seafarer has a right to choose from among the destinations referred to in subsection (6), the place to which he or she is to be repatriated.

(8)  A seafarer is entitled to be repatriated by appropriate and expeditious means.

(9)  A shipowner must bear the costs of repatriating a seafarer in the shipowner’s employment until the seafarer is landed at a destination in accordance with subsection (6), including expenses for any items that may be prescribed.

(10)  A person must not require any seafarer to make an advance payment towards the costs of repatriation and is not entitled to recover, or to make any deduction for, the costs of repatriation from the seafarer’s wages or other entitlements except where the seafarer has been found, after due inquiry by the Director, to have been in serious default of his or her employment obligations.

(11)  Where a seafarer referred to in subsection (2)(c)(ii) or (vi) remains in the country mentioned in that subsection after the end of a period of 3 months, the person who last employed him or her as a seafarer is not liable under this section to make provision for the seafarer’s return or for any matter arising after the end of that period, unless the person has, before the end of that period, been under an obligation imposed on the person under this section to make provision with respect to the seafarer.

(12)  Where it appears to the Director that a shipowner is unable to make, has failed to make, or fails to continue to make, provision necessary for the repatriation of a seafarer in the shipowner’s employment under this section, the Director may make such provision and recover from the shipowner any costs and expenses incurred by the Director in making that provision.

(13)  This section does not affect any right of a shipowner to recover the costs of repatriation under third‑party contractual arrangements.

(14)  A shipowner must cause a legible copy of this section and any regulations relating to the repatriation of seafarers made under this Act in English, and the working language of the ship if it is not English, to be carried on board the ship and to be made available to seafarers.

Compensation to seafarers in event of wreck or loss of ship, etc.

24.—(1)  Where a ship is wrecked or lost, a seafarer whose employment on the ship is thereby terminated before the date contemplated in the seafarer’s employment agreement under which he or she is so employed is, subject to this section, entitled to wages, at the rate payable under the agreement at the date of the wreck or loss, for every day on which he or she is unemployed in the 2 months following that date.

(2)  Where a ship is sold or ceases to be registered in Singapore and a seafarer’s employment on the ship is thereby terminated before the date contemplated in the seafarer’s employment agreement under which he or she is so employed, then, unless otherwise provided in the agreement, the seafarer is, subject to subsection (3), entitled to wages at the rate payable under the agreement at the date on which his or her employment is terminated for every day on which he or she is unemployed in the 2 months following that date.

(3)  A seafarer is not entitled to wages under subsection (1) or (2) for any day of unemployment, if it is shown that —

(a) the unemployment was not due to the wreck or loss of the ship or (as the case may be) to the sale of the ship or its ceasing to be registered in Singapore; or

(b) the seafarer was able to obtain suitable employment for that day but unreasonably refused to take it.

(4)  The master and a seafarer employed on a ship have the same lien and remedies for their wages payable under this section, as a seaman has for his or her wages.

(5)  This section does not affect the rights a seafarer may have under any other rule of law.