1.Which contracts are considered maritime employment contracts?

The seafarer, due to the difficulty of his profession and the adverse conditions he faces, must enjoy greater legislative protection during the execution of his work. Therefore, legislatively, the maritime employment contract is distinguished from that of terrestrial employment based on certain criteria. The most important of these is whether the person is exposed to maritime risks, and thus whether they are a member of the crew in the broad sense of the term (even if the ship is temporarily immobile in a port, the characterization of the contract as maritime employment is not negated for this reason). The above are considered significant because the provisions of maritime legislation (Commercial and Public Maritime Law Codes as the Code of Private and Public Maritime Law) apply ONLY to maritime employment contracts, and therefore it must be proven that the contract concerns work at sea and not on land. It is noteworthy that in case the parties end up in a judicial dispute, the characterization they gave to the contract (land or maritime employment) DOES NOT bind the court, and there it must be proven the nature of the contract. Furthermore, the maritime employment contract is completed with the participation of the public authority (= representatives of the port authorities check if the conditions of the law for the registration of the contract in the ship’s register are met), while it is mandatory for both parties to receive a copy of the contract in order to avoid doubts.

2.Typical requirements of the seafaring profession.

In order for someone to acquire the status of a seafarer and practice the relevant profession (in Greece), it is required to possess a degree from a corresponding tertiary educational institution (or recognized equivalent if available), as well as the so-called ‘seafarer’s book’. This is a certificate that, provided the conditions for obtaining it are met, certifies the knowledge/skills of the person for maritime work and allows them to be registered in the ship’s register. Indeed, the maritime employment contract drawn up by the seafarer is registered in special books of the ship, one of which is the ship’s register, which, because it is available to inspection authorities when they inspect the ship, must also include the relevant documents certifying the skills of the seafarer. Finally, it is important to mention that now, someone is NOT required to have Greek citizenship to work as a seafarer on a Greek ship, but can also have citizenship from any EU member state, which abolished a long-standing restriction in maritime law legislation.

3.What are the rights of the seafarer during his employment?

During the execution of his work, the seafarer enjoys certain rights, which are:

• Advance payment of wages up to half of the wages he would receive if he worked one month on the ship.
• Full wages for the work provided (it may be paid monthly at most and not at longer intervals).
• If the seafarer’s contract lasted less than one month, he is entitled to the full month’s wages.
• If the ship is lost, the seafarer is entitled to full compensation for the time worked to restore all damages (regardless of whether the ship was saved).
• Compensation for items lost during a fire or other accidental event on the ship.
• Annual leave along with the statutory allowances provided.
• Full wages during the seafarer’s illness and payment of medical expenses (the same applies in case of an accident).
• Right of repatriation (to return at the shipowner’s expense to his place of residence, or where the seafarer signed the employment contract IF the contract with the shipowner is terminated).

4.And what are his obligations?

In addition to the rights provided by law, the seafarer also has certain obligations, which are:

• Diligent performance of work on the ship (as agreed between the shipowner and the seafarer).
• Possibly overtime employment (as long as it is necessary for the needs of the ship).
• Obligation to embark on the ship on the specified day and not to leave it without justified reason.
• Obligation to obey the orders and instructions of his superiors (ship officers and the captain himself).
• Obligation to compensate the shipowner if and when he commits a wrongful act during the performance of his work on the ship.
• Obligation to maintain the equipment provided to him on the ship for the needs of his work (e.g., clothing and utensils).
• Obligation not to load prohibited items on the ship (e.g., alcohol, contraband cigarettes, etc.).

5.How is the seafarer liable during the execution of his work?

It is true that with the new Code of Private Maritime Law, there is no provision establishing the standard of care that the seafarer must observe during the execution of his work. Therefore, referring to the provisions of labor law for land-based work, Article 652 of the civil code states that the seafarer is liable only if he acted with intent during the commission of the wrongful act he committed. It is necessary for him to have been aware of the violation he committed and its consequences, and not just negligent, as was previously provided. However, based on the provisions of maritime labor law, the seafarer is generally burdened with a duty of care while on the ship (not to cause damage and to behave in a manner detrimental to the interests of the shipowner). It is accepted in case law that ultimately, the shipowner bears the responsibility for the seafarer’s wrongful acts as the owner of the ship (or the charterer if it is chartered, of course). However, this applies ONLY to the third party to whom compensation is owed (e.g., the owner of a cargo carried by the ship that was destroyed due to the seafarer’s negligence).

6.What is considered a maritime accident according to Greek standards?

By this term, we mean an accident that the seafarer suffers during the course of his work, and which is so closely related to it (the work) in terms of location and time that it justifies the seafarer’s claim for compensation from the employer regarding the damage suffered. Based on what has been shaped by Greek jurisprudence, the accident:

• May have been caused by the seafarer himself (only in this case, the amount of compensation he will receive is reduced due to his fault).
• It does not matter where the ship was when the accident occurred (e.g., it may have been parked in a port).
• It has been accepted that an accident is also considered one that occurs to the seafarer outside of his working hours (e.g., when sailors return from a night out and, due to intoxication, one of them hits and suffers physical harm).
• However, it is necessary for the accident to have occurred AFTER the conclusion of the employment contract and BEFORE its expiration (to fall temporally within the scope of it).

A fundamental observation in the concept of a maritime accident is the ambiguity of the concept, which has led Greek courts to sometimes accept extreme cases as maritime accidents and sometimes reject obvious accidents, using controversial criteria.

7.How is a seafarer legally fired?

From the shipowner’s side (acting through the master), if they wish to terminate the seafarer with legal formalities, in order to avoid disputes later regarding the validity of the dismissal, they have the option to terminate the contract if it has not already expired. Regarding the termination of the seafarer’s employment contract, it is distinguished as follows:

• Regular termination, if termination can only occur after a certain period has elapsed.
• Irregular termination, if it does not require a deadline.

It is reasonable that the shipowner will owe compensation to the seafarer who was unjustly and without cause terminated (i.e., without the expiration of his contract and without the seafarer’s fault). Depending on the percentage of liability attributed to the seafarer, which led to the dismissal, the amount of compensation will be reduced. In cases of exclusive liability of the seafarer, the shipowner will not owe any compensation.

Two more observations are necessary here:

• If the shipowner dismisses the seafarer due to his illness, the seafarer is entitled to full pay and medical care at the expense of the shipowner for a maximum of four months.
• If the seafarer becomes a hostage (because the ship has been hijacked by pirates), he cannot be dismissed for the duration of the captivity (and is entitled to full pay from the shipowner for the same period).

8.Distinguishing between a seafaring agreement and a preliminary agreement.

It is very common in practice for the seafarer, before entering into the seafaring agreement with the master (who acts as the representative of the shipowner), to draft a preliminary agreement to secure his future claims from the contract. With the preliminary agreement, the seafarer (usually) agrees and concurrently undertakes the obligation to travel to a place to meet the ship on which he will be ‘enrolled’, i.e., where he will enter into the seafaring agreement. Therefore, with the preliminary agreement, the seafarer cannot enjoy all the rights provided by maritime labor legislation as he is not (yet) a legal member of the crew. An important consideration in the above is the claim the seafarer has from the preliminary agreement for the conclusion of the final contract as well as the rights provided by the Civil Code (withdrawal, compensation for non-performance, etc.) in case, due to the master’s fault, it becomes ultimately impossible to conclude the seafaring agreement.

9.How is the seafaring contract generally terminated?

To provide an answer here, it is necessary to distinguish between the maritime employment contract:

• Fixed-term
• Indefinite
• By time / By voyage

Based on the above, (and the relevant provisions of the Maritime Labour Code), the maritime employment contract is legally terminated by the following methods:

• By mutual agreement of the parties
• Ex officio, directly by law (if the ship is lost/sold at a public auction/deregistered from the Greek registers)
• By termination by the shipowner either with a 7-day notice period and citing a just cause or without observing a deadline or just cause
• By termination by the seafarer without observing a deadline but citing a just cause

10.Additional legislative protection of the seafarer

The protection provided to the seafarer (e.g., compensation for abusive dismissal, allowances, leave) is not exhausted by the provisions of the Private/Public Maritime Law Code. Even in the provisions of these laws, it is explicitly stated that in cases where a collective labor agreement to which the seafarer belongs (e.g., because they are a member of the respective trade union that concluded the agreement) provides for more favorable working conditions, those terms apply. The same applies to International Conventions concerning the regulation of shipping, many of which Greece has ratified by law (=they are part of Greek law and thus apply to seafarers working in Greek waters). An example of such a convention is the 23rd International Geneva Labour Convention (1926) concerning the repatriation rights of seafarers, which was ratified by Law 1130/1981.

Next to the client and his needs.

Athina Kondogianni-Lawyer

 

 

The above does not constitute legal advice, and no responsibility is assumed for it. For more information, please contact us.