C2.4.a. What is a seafarer’s minimum entitlement to paid leave?

Under Standard A2.4, paragraphs 1, 2 and 3 of the MLC, 2006 the flag State must adopt laws and regulations determining the minimum standards for annual leave with pay for seafarers working on ships that fly its flag. The minimum entitlement must, in general, be calculated on the basis of a minimum of 2.5 calendar days per month of employment, to be determined by the competent authority or through the “appropriate machinery” in each country. Regardless of the duration of the employment agreement [see C2.1.j.], a seafarer is entitled to a minimum of 30 days of paid annual leave after 11 months of continuous service on board. For shorter periods of service, the corresponding number of days should be calculated on a pro rata basis. Justified absences from work are not to be considered as annual leave. Except in specific cases provided for by the competent authority, any agreement to forgo this minimum annual leave with pay, must be prohibited [see C2.4.b.]. This is because of concerns about preventing fatigue for seafarers.

Entitlement to leave