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New Enhanced Protections for crew engaged on board Malta Flagged Vessels

4.2.25

On the 4th February 2025, new rules were published to enhance the protections of seafarers for commercial seagoing vessels registered under the Malta Flag.

The Merchant Shipping (Maritime Labour Convention) (Amendment) Rules, 2025 amend the existing subsidiary law 234.51.

The Key Amendments:

Insurance for Job Applications

Shipowners, recruitment and placement services must implement a system of protection, by way of insurance or an equivalent appropriate measure, to compensate seafarers for monetary loss  that  they  may  incur  as  a  result  of  the  failure  of  a recruitment  and  placement  service  or  of the  relevant shipowners’ obligations under the seafarers’ employment agreement.

Transparency of Rights

Shipowners, recruitment and placement services must  ensure  that seafarers are informed, prior to or in the process of engagement, of their rights under the insurance (or similar) system.

Reinforced Right to Wages

The  right  of the seafarer to receive wages  can  not  depend  on  the earning of freight, and seafarers are entitled to demand  and  recover  any  wages  notwithstanding  that freight has not been earned.

Reinforced Right to Provisions & Meals

The organisation and equipment of the catering department shall be such as to  permit the  provision  to seafarers  of  adequate,  varied,  balanced  and  nutritious  meals prepared and served in hygienic conditions.

Enhanced Health & Safety Requirements

a) Reasonable Precautions

Shipowners must take reasonable precautions to prevent occupational accidents, injuries and diseases on board ships.

b) Personal Protective Equipment

Such measures must include the provision of all necessary appropriately-sized   personal   protective equipment and other measures to reduce and prevent the risk of exposure to harmful levels of ambient factors  and chemicals, as well as the risk of injury or disease that may arise from the use of equipment and machinery onboard the ship.

c) Recreational Facilities

In addition to the already-existing requirements on recreational facilities, mail and hip visit arrangements, shipowners must provide appropriate recreational facilities, amenities and services, including social connectivity, on board of the vessels.

These must be adapted to meet the special needs of seafarers who are required to live and work on ships, taking into account the related provisions on health and safety protection and accident prevention.

d) Ship-To-Shore Telephony & Internet Access

The list of requisites for new ships (contained in the Fourth Schedule of the Rules, Appendix IX) has also been increased.

New vessels must, where practicable, also grant seafarers reasonable access to ship-to-shore telephone communications where available, and internet access.

Where practicable, consideration may be given to giving these facilities at no cost. Any charges for the use of these services must be reasonable in amount.

e) Incident Investigations and Reporting

Shipowners are obliged to adequately investigate,  record  and  report  all  deaths  of  seafarers employed, engaged or working onboard Maltese flagged ships to Transport Malta.

Under Maltese law shipowner obligations towards crew vary depending on the nature of the vessel and her voyages. Different laws will apply for seagoing vessels, as opposed to river-vessels, or ships that operate primarily within Maltese territorial waters. For more information on Maltese maritime laws and seafaring get in touch with Partner Paul Gonzi who heads the Employment Law practice in close collaboration with the firm’s maritime litigation department headed by Dr Ann Fenech.

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