The employment contract is terminated by:
1) The death of the seaman;
2) The regular disembarkation of the seaman at the normal expiry of the contract;
3) Mutual agreement of the parties;
4) Termination or breach of contract;
5) The seafarer being put ashore due to physical unfitness duly certified by a seafarers’ physician or a physician authorized for this purpose by the competent maritime authority;
6) The sale, sinking or unseaworthiness of the vessel;
7) Removal of the seafarer from the seafarers’ register.
In the event of sale, seizure, shipwreck or declaration of unseaworthiness of the vessel, the seaman is entitled to compensation equal to two months’ wages.
In all ports of a Member State, the master of a ship flying the flag of a Community country has the right to dismiss the seaman, taking into account the notice period.
In all cases, the reason for dismissal must be recorded on the crew list.
Seamen dismissed for just cause are not entitled to any compensation. He may be ordered to pay damages in the event that the breach of contract caused by him has caused prejudice to the shipowner. On the other hand, seafarers dismissed without just cause are entitled to severance pay based on the nature of the services rendered, the length of the contract and the extent of the prejudice caused.
The seafarer may request termination of the employment contract or damages for non-performance of the shipowner’s obligations.
The competent maritime authority determines the conciliation and arbitration procedure to be followed in the event of a collective maritime labour dispute.
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