C2.2.d. Should seafarers held captive as a result of acts of piracy or armed robbery against ships continue to be paid their wages?

Under the 2018 amendments to the MLC, 2006, expected to enter into force on 26 December 2020, Standard A2.2, paragraph 7, states that where a seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships, wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death as determined in accordance with applicable national laws or regulations.

The 2018 amendments to the MLC, 2006 do not foresee any limitations to the protection of seafarers’ wages and entitlements while seafarers are held captive other than their release and repatriation or eventual death. Other factors, like the fact that the seafarer reaches the age of retirement during the period of captivity or his/her eventual negligence leading to his/her capture, are not grounds to deprive seafarers of the protection provided under Standard A2.1 and Standard A2.2.

Wages