The terms “sailor,” “seafarer,” or “crew member” all refer to individuals employed to work aboard a ship. Whether navigating the open seas for commerce, transportation, or tourism, seafarers are subject to a distinct legal framework that governs their rights and responsibilities.

One of the most important questions seafarers ask is: Which laws apply to a ship once it leaves port and enters international waters? The answer depends on where the vessel is registered.

The Role of the Flag State

When a ship is registered in a country, that country grants the vessel permission to fly its national flag. The country of registration is known as the “Flag State”, and the ship is referred to as a “flagged vessel.” The laws of the Flag State generally apply to the ship, regardless of where it operates.

For example, if a ship flagged under St. Vincent and the Grenadines (SVG) sails into international waters, it remains subject to SVG maritime laws, even beyond national jurisdiction.

SVG operates one of the largest ship registries in the world, though many registered vessels never physically enter SVG waters. This system is rooted in international maritime law, particularly the United Nations Convention on the Law of the Sea (UNCLOS) 1982, which establishes the legal framework for flag state control.

Your Rights as a Seafarer

If you are employed on a flagged vessel, it is crucial to understand that you have rights under the laws of the ship’s Flag State, regardless of your nationality. These rights are designed to ensure fair treatment, proper working conditions, and payment of wages.

However, enforcement can be complex, and seafarers must take proactive steps to protect themselves.

Key Considerations for Seafarers:

1. Always Verify Your Employment Contract

✔ Never work without a written contract.
✔ Ensure the contract is signed by both parties and that you keep a personal copy.
✔ Review the terms carefully, including wages, working conditions, and dispute resolution mechanisms.

Many seafarers, particularly in the Caribbean region, start working based on verbal agreements, which can lead to exploitation and wage disputes. Without documentation, it becomes significantly harder to prove employment conditions in legal proceedings.

2. Know the Role of the Port State

When a ship enters the waters of another country, that country becomes the “Port State.” While the Flag State’s laws continue to apply, the Port State has limited authority to intervene in certain matters.

For example:

  • If an SVG-flagged ship docks in Trinidad and Tobago, it remains under SVG’s jurisdiction.
  • However, if there is an issue such as non-payment of wages, a seafarer can file a complaint with the Port State authorities, triggering an official Port State inspection.
  • If a foreign-flagged vessel arrives in SVG and violates workers’ rights, seafarers can initiate local legal proceedings.

3. Enforcing Wage Claims – Maritime Liens

In SVG and many other maritime jurisdictions, seafarers who have not been paid their wages can assert a maritime lien against the vessel. This means that:
✔ Even without a formal employment contract, seafarers may have legal recourse.
✔ The court can prevent the ship from leaving port until wages are settled.
✔ A maritime lien ranks above most other claims, including mortgage liens.

This is a powerful legal tool for seafarers seeking to recover unpaid earnings.

4. Be Cautious of Employment Without a Contract

A serious issue in SVG and across the Caribbean is the practice of hiring seafarers without proper contracts. If you work on a ship without a written agreement:
❌ You may not have legal protections for your wages or working conditions.
❌ It becomes difficult to file claims in case of disputes.
❌ Your employer may refuse liability, making enforcement more complex.

If you are considering employment on a ship, always insist on a written contract that clearly outlines your rights and obligations.

5. Employers Must Comply with Maritime Labour Standards

Employers hiring seafarers must ensure compliance with international labor standards, particularly the Maritime Labour Convention (MLC) 2006. Ships that fail to issue contracts to crew members should immediately seek assistance in drafting compliant MLC agreements to avoid legal exposure.

Seafarers’ Rights: Protect Yourself at Sea

Working at sea offers exciting opportunities and financial rewards, but it is essential to understand your legal rights and protections.

✔ Know your Flag State laws and how they apply to your vessel.
✔ Understand Port State enforcement mechanisms for unpaid wages and labor violations.
✔ Always have a signed employment contract before starting work.
✔ Seek legal advice if you encounter employment disputes or contract issues.

If you are a seafarer facing legal challenges or an employer needing assistance with maritime compliance, Temple Stoke provides expert legal support in maritime law, contract drafting, and dispute resolution.

📩 For inquiries or legal assistance, contact:
✉ templestoke@gmail.com

Chevanev A.Y. Charles is a UK-trained lawyer called to the Bar in the United States (New York), United Kingdom (non-practicing), Grenada, and Saint Vincent and the Grenadines. He holds a Master’s degree in International Maritime Law from the International Maritime Law Institute (IMLI, Malta) and specializes in contract drafting, legislative drafting, mediation, and maritime consultancy.