2023-04-18
The Assembly of the Republic approved amendments to the Maritime Labor Convention Code, adopted by the International Labor Conference at its 107th session, held in Geneva.
With these amendments, it is intended to guarantee and ensure the continuity of the contractual obligations of seafarers in captivity on board or on land outside of ships targeted by piracy or armed robbery, which is why ratification by the Portuguese State was essential and consequently introduced into domestic law.
It was adopted:
- a new paragraph 7 to standard A 2.1 relating to the employment contract of seafarers, which makes it mandatory to maintain the effects of the contractual obligations owed to the seafarer held captive on board a ship or on land as a result of acts of piracy or robbery armed hand to ships, regardless of the expiry date, suspension or completion of the said contract. The definitions of piracy and armed robbery of ships were also added;
- a new paragraph 7 to standard A 2.2 on wages of seafarers which ensures the payment of wages and other obligations arising from the employment contract in this matter until release and repatriation and until the date of death while in captivity;
- paragraph 8 of guideline B 2.5.1 on the end of the right to request repatriation was replaced, which makes an exception for the situation of seafarers in captivity on board or ashore outside ships, the target of piracy or armed robbery .
See diploma: Resolution of the Assembly of the Republic no. 28/2023