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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