C2.4.c. Does the requirement for paid annual leave mean that seafarers cannot be on board for more than 11 months at a time?

In principle, yes. From the combined reading of Standard A2.4, paragraphs 2 and 3, and Guideline B.2.4.3, paragraph 2, on annual leave and Standard A2.5.1, paragraph 2(b), regarding the entitlement to repatriation in a period of less than 12 months [see C2.5.1.a and C2.5.1.g], the Committee of Experts on the Application of Conventions and Recommendations has inferred that the maximum continuous period of shipboard service without leave is, in principle, 11 months [see C2.4.b and C2.1.j].

Concerning annual leave, Standard 2.4 explicitly states that any agreement to forgo the minimum annual leave with pay, except in cases provided for by the competent authority, shall be prohibited. As a general rule, therefore, any agreement by which seafarers would be paid an amount of money in lieu of annual leave would not be in conformity with the Convention. This prohibition is aimed at guaranteeing the effective realization of the purpose of Regulation 2.4, which is to ensure that seafarers enjoy a period of annual leave for the benefit of their health and well-being and also intrinsically linked with ship safety and security. The objective is not only to encourage seafarers to take annual leave but also to prevent fatigue, vessel unseaworthiness and all risks related thereto. However, Standard A2.4, paragraph 3 of the MLC, 2006, does not lay down an absolute prohibition as exceptions may be authorized by the competent authority. While the Convention is silent about the nature and scope of permissible exceptions, the Committee of Experts on the Application of Conventions and Recommendations has considered that this provision needs to be read restrictively in order not to defeat the purpose of Regulation 2.4.

With respect to repatriation, the situation is slightly different. In accordance with Regulation 2.5, paragraph 1, seafarers have a right to repatriation. However, they may decide for various reasons not to exercise this entitlement when it arises.

Entitlement to leave