Info
Basic Rights Under ILO
ILO recommended basic minimum wage for an AB
The main aim of the minimum basic wage for the able seafarer is to provide an international safety net for the protection of, and to contribute to, decent work for seafarers.
It is based on the provisions of the ILO Seafarers’ Wages, Hours of Work and the Manning of Ships Recommendation, 1996 (No. 187) which recommends that the basic pay or wages for a calendar month of service for an able seaman should be no less than the amount periodically set by the Joint Maritime Commission, which is bipartite body of shipowners and seafarers established by ILO.
The Recommendation itself define seafarer as “any person defined as such by national laws or regulations or collective agreements who is employed or engaged in any capacity on board a seagoing ship ….”
The Joint Working Group of the Joint Maritime Commission met in July 2003 and agreed on joint interpretation of the total monthly minimum wage of able seamen.
This interpretation only relates to the earnings for an Able Seaman and should not be construed as implying an interpretation of the earnings that should be received by other grades of seafarer. The following principles are applicable as found in the relevant ILO Maritime Instruments:
The last ILO Subcommittee on Wages of Seafarers of the Joint Maritime Commission met in February 2006. The Subcommittee agreed that the recommended basic minimum wage should be raised to US$515 as of 1 January 2007, US$530 as of 1 January 2008 and US$545 as of 31 December 2008.
For further information on what the wages for different positions on board might look like, please see the documents linked on the right of this page.
ILO recommended basic minimum wage for an AB
The main aim of the minimum basic wage for the able seafarer is to provide an international safety net for the protection of, and to contribute to, decent work for seafarers.
It is based on the provisions of the ILO Seafarers’ Wages, Hours of Work and the Manning of Ships Recommendation, 1996 (No. 187) which recommends that the basic pay or wages for a calendar month of service for an able seaman should be no less than the amount periodically set by the Joint Maritime Commission, which is bipartite body of shipowners and seafarers established by ILO.
The Recommendation itself define seafarer as “any person defined as such by national laws or regulations or collective agreements who is employed or engaged in any capacity on board a seagoing ship ….”
The Joint Working Group of the Joint Maritime Commission met in July 2003 and agreed on joint interpretation of the total monthly minimum wage of able seamen.
This interpretation only relates to the earnings for an Able Seaman and should not be construed as implying an interpretation of the earnings that should be received by other grades of seafarer. The following principles are applicable as found in the relevant ILO Maritime Instruments:
| Principle | Details |
| Minimum Basic Monthly Wage |
As agreed by the ILO Joint Maritime Commission from
time to time. |
| Normal Working Hours |
8 hours per day, 48 hours per week (which equates to 208 hours per month). |
| Leave | Leave shall in no case be less than 30 calendar days
for one year’s service i.e. 2.5 days per calendar month.
One day’s basic wage = basic monthly wage divided by 30. Multiply by 2.5 to get leave pay per month. |
| Overtime Rate |
Each hour of overtime should be compensated at a
rate of 1.25 x the basic hourly rate (the monthly basic
wage divided by 208). |
| Weekly rest day and Public Holidays |
Work performed on the weekly day of rest and on
public holidays should be duly recorded and signed by
the seafarer and should be compensated by: 1. overtime remuneration in respect of each hour worked at the rate of 1.25 times the hourly rate for normal hours OR 2. in lieu of remuneration, at least equivalent time off duty and off the ship at the rate indicated in 1 above OR 3. additional leave in lieu of remuneration at the rate indicated in 1 above |
| Overtime Hours |
Overtime records should be kept and signed by the
seafarer and the master or duly authorized officer. |
The last ILO Subcommittee on Wages of Seafarers of the Joint Maritime Commission met in February 2006. The Subcommittee agreed that the recommended basic minimum wage should be raised to US$515 as of 1 January 2007, US$530 as of 1 January 2008 and US$545 as of 31 December 2008.
- Minimum basic monthly wage (01/01/2007) – $515 USD
- Minimum basic monthly wage (01/01/2008) – $530 USD
- Minimum basic monthly wage (31/12/2008) – $545 USD
| minimum basic monthly wage (01/01/2007) | US$ | 515.00 |
| 2.5 days leave per month |
US$ | 42.92 |
| 104 hours overtime per month | US$ | 322.40 |
| 8 hours compensatory leave for public holidays |
US$ | 24.80 |
| Total |
US$ | 905.12 |
| minimum basic monthly wage (01/01/2008) |
US$ | 530.00 |
| 2.5 days leave per month | US$ | 44.17 |
| 104 hours overtime per month | US$ | 331.76 |
| 8 hours compensatory leave for public holidays |
US$ | 25.52 |
| Total |
US$ | 931.45 |
| Minimum basic monthly wage (31/12/2008) | US$ | 545.00 |
| 2.5 days leave per month | US$ | 45.42 |
| 104 hours overtime per month |
US$ | 340.08 |
| 8 hours compensatory leave for public holidays |
US$ | 26.16 |
| Total | US$ | 956.66 |
For further information on what the wages for different positions on board might look like, please see the documents linked on the right of this page.
Before You Board
ITF advice on your contract to work at sea
The best guarantee of proper conditions of employment at sea is only to sign a contract drawn up in accordance with an ITF-approved collective agreement. Failing that, here is a checklist to follow.
– Death (amount payable to the next of kin)
– Loss of the vessel
– Loss of personal effects resulting from the loss of the vessel
– Premature termination of the contract.
ITF advice on your contract to work at sea
The best guarantee of proper conditions of employment at sea is only to sign a contract drawn up in accordance with an ITF-approved collective agreement. Failing that, here is a checklist to follow.
- Don’t start work on a ship without having a written contract.
- Never sign a blank contract, or a contract that binds you to any terms and conditions that are not specified or that you are not familiar with.
- Check if the contract you are signing refers to a Collective Bargaining Agreement (CBA). If so, make sure that you are fully aware of the terms of that CBA, and keep a copy of it along with your contract.
- Make sure that the duration of the contract is clearly stated.
- Don’t sign a contract that allows for alterations to be made to the contractual period at the sole discretion of the shipowner. Any change to the agreed duration of the contract should be by mutual consent.
- Always ensure that the contract clearly states the basic wages payable and make sure that the basic working hours are clearly defined (for example 40, 44 or 48 per week). The International Labour Organisation states that basic working hours should be a maximum of 48 per week (208 per month).
- Make sure that the contract clearly stipulates how overtime will be paid and at what rate. There could be a flat hourly rate payable for all hours worked in excess of the basic. Or there may be a monthly fixed amount for a guaranteed number of overtime hours, in which case the rate for any hours worked beyond the guaranteed overtime should be clearly stated. The ILO states that all overtime hours should be paid at a minimum of 1.25 x the normal hourly rate.
- Make sure that the contract clearly states how many days paid leave per month you will get. The ILO states that paid leave should not be less than 30 days per year (2.5 days per calendar month).
- Make certain that the payments for basic wages, overtime and leave are clearly and separately itemised in the contract.
- Don’t sign a contract that allows the shipowner to withhold or retain any portion of your wages during the period of the contract. You should be entitled to full payment of wages earned at the end of each calendar month.
- Never sign a contract that contains any clause stating that you are responsible for paying any portion of your joining or repatriation expenses.
- Don’t sign a contract that contains any clause that restricts your right to join, contact, consult with or be represented by a trade union of your choice.
- Be aware that an individual employment contract will not always include details of additional benefits. Therefore you should try to obtain confirmation (preferably in the form of a written agreement or contractual entitlement) of what compensation will be payable in the event of:
– Death (amount payable to the next of kin)
– Loss of the vessel
– Loss of personal effects resulting from the loss of the vessel
– Premature termination of the contract.
- Ensure that you are provided with and retain a copy of the contract you have signed.
- Remember… whatever the terms and conditions, any contract/agreement that you enter into voluntarily would, in most jurisdictions, be considered legally binding.
Recruitment Scams
If it looks too good to be true it usually is
There are various types of cruise fraud, but they almost all depend on the offer of jobs that require no qualifications but which will pay high wages or attract large tips (the same thing applies to false job offers on oil rigs). The main type involves a promise of work in return for a bribe or payment. This may be disguised as an ‘agency’ or ‘registration’ fee or, increasingly, as payment for a medical examination, visa, passport processing or bank transfer that is only asked for when you think you’re on the point of getting the job. It may be made to look like something you have to pay a government department, clinic or bank, or you may be asked for money for airfares to join a ship and promised you’ll get the money back when you’re arrive. You won’t.
Other frauds include:
By using high quality websites, newspaper adverts and fictitious addresses in countries such as the UK in order to appear legitimate, or by laying a trail through several countries in order to confuse jurisdiction or hide their location in a country where the authorities either don’t care or will turn a blind eye. An example of this is Caledonian Offshore, which uses a post office box address in Canada when in reality it’s based in Panama. The biggest scam the ITF has ever had to fight was the Al-Najat scheme, which was based in the UAE but which defrauded thousands and thousands of victims through levying a ‘medical fee’ while working with the governments of the many other countries affected.
Who should I avoid?
We could give a list of the companies and websites we’ve exposed but it would quickly become out of date. It’s important to remember that the criminals who run them are easily able to change their ‘company’ names from one week to the next. They can also use a name that is close to, or the same as, a legitimate enterprise (but with a different address or bank or Western Union transfer details.) As long as governments leave them unmolested they’ll keep trying to part honest jobseekers from their money.
How do I know who to trust?
At first, you won’t. You can’t trust glossy websites or newspaper ads or, in some cases, even governments or banks. What you can trust is the simple fact that if it looks too good to be true it usually is. Requesting advance payments for work on ships is prohibited under international maritime conventions, so you should not be asked for one.
If instead you’re told you need to pay airfares or registration fees ask yourself why the people who are offering these well paid jobs can’t find that money themselves. Look out too for the use of box numbers and false addresses and take time to do a Google search on the company name and ‘scam’ or ‘fraud’ or ‘warning’. If nothing turns up but you’re unsure that the company is legitimate you can approach your national seafarers’ trade union or the ITF for advice. Above all remember that you shouldn’t have to pay for work at sea and that if anything about a job looks wrong or looks like what you’ve read here you should stay well away from it.
If it looks too good to be true it usually is
There are various types of cruise fraud, but they almost all depend on the offer of jobs that require no qualifications but which will pay high wages or attract large tips (the same thing applies to false job offers on oil rigs). The main type involves a promise of work in return for a bribe or payment. This may be disguised as an ‘agency’ or ‘registration’ fee or, increasingly, as payment for a medical examination, visa, passport processing or bank transfer that is only asked for when you think you’re on the point of getting the job. It may be made to look like something you have to pay a government department, clinic or bank, or you may be asked for money for airfares to join a ship and promised you’ll get the money back when you’re arrive. You won’t.
Other frauds include:
- Payment of money direct to a local bank in order to join a cargo ship (often supposedly waiting for you in Port Harcourt Nigeria).
- Payment to have your job application or CV circulated to prospective employers, often with a guarantee that if you don’t get a job you’ll get your money back. You can usually be sure you won’t get either.
- Websites that invite you to post your CV for free. Your personal details can be used for identity fraud, especially if you are then approached by an employer who asks you to send your passport and seafarers’ certificate (this is also a common feature of the Nigerian scam mentioned above, whose perpetrators regularly use different company names, including ones supposedly based in the USA or Europe).
- Unsolicited job offers that arrive by e-mail.
By using high quality websites, newspaper adverts and fictitious addresses in countries such as the UK in order to appear legitimate, or by laying a trail through several countries in order to confuse jurisdiction or hide their location in a country where the authorities either don’t care or will turn a blind eye. An example of this is Caledonian Offshore, which uses a post office box address in Canada when in reality it’s based in Panama. The biggest scam the ITF has ever had to fight was the Al-Najat scheme, which was based in the UAE but which defrauded thousands and thousands of victims through levying a ‘medical fee’ while working with the governments of the many other countries affected.
Who should I avoid?
We could give a list of the companies and websites we’ve exposed but it would quickly become out of date. It’s important to remember that the criminals who run them are easily able to change their ‘company’ names from one week to the next. They can also use a name that is close to, or the same as, a legitimate enterprise (but with a different address or bank or Western Union transfer details.) As long as governments leave them unmolested they’ll keep trying to part honest jobseekers from their money.
How do I know who to trust?
At first, you won’t. You can’t trust glossy websites or newspaper ads or, in some cases, even governments or banks. What you can trust is the simple fact that if it looks too good to be true it usually is. Requesting advance payments for work on ships is prohibited under international maritime conventions, so you should not be asked for one.
If instead you’re told you need to pay airfares or registration fees ask yourself why the people who are offering these well paid jobs can’t find that money themselves. Look out too for the use of box numbers and false addresses and take time to do a Google search on the company name and ‘scam’ or ‘fraud’ or ‘warning’. If nothing turns up but you’re unsure that the company is legitimate you can approach your national seafarers’ trade union or the ITF for advice. Above all remember that you shouldn’t have to pay for work at sea and that if anything about a job looks wrong or looks like what you’ve read here you should stay well away from it.
