The seafarer’s obligations to the shipowner
The seaman must perform his service under the conditions determined by the contract, laws, regulations and customs.
The seaman is required to report to the ship on which he is embarked on the day and at the time indicated by the shipowner or his representative.
Except in cases of force majeure and when the status of the ship, the persons embarked or the cargo is at stake, circumstances of which the master is the sole judge, the seaman is not required, unless otherwise agreed, to perform work incumbent on a category of personnel other than that in which he is engaged.
The captain determines the conditions under which an off-duty seaman may go ashore.
Seafarers are required to obey the orders of their superiors concerning the service of the ship, and to take care of the ship and its equipment.
He is obliged to work to salvage the ship, the wreckage and the cargo.
Seafarers are required to clean their crew quarters, crew annexes, sleeping crew quarters, cooking utensils, etc., with no utensils, without this work giving rise to an additional allowance.
In the absence of a clause in the contract authorizing him to do so, the seaman may not, under any pretext, load any goods onto the ship for his own account, without the authorization of the shipowner or his representative.
In the event of infringement of the provisions of the preceding paragraph, the offending seaman is liable to pay freight at the highest price stipulated at the place and time of loading for the same voyage and goods of the same kind as those improperly loaded on the ship, without prejudice to damages. In addition, the captain has the right to throw into the sea any goods improperly loaded, if they are likely to endanger the ship or cargo, or incur fines or confiscation for infringement of either customs laws or health regulations.
On-board work is organized on the basis of eight hours a day for six days or forty-eight hours a week, or the equivalent for a period other than a week.
Overtime may be worked to take account of the needs of ship operations.
Except in the case of fishing vessels, and except in cases of force majeure where the safety of the vessel, the people on board or the cargo is at stake, the actual working time may not exceed twelve hours per day. An order issued by the competent maritime authority sets the organization of work on board, according to the type of navigation, the various specialities and the work required of the personnel.
Add comment