Know your rights
Make a complaint under the MLC
Under the Maritime Labour Convention (MLC), you can make a complaint about the living and working conditions on a New Zealand ship or a foreign-flagged ship in New Zealand waters.
No action can be taken against a seafarer because they have made a Maritime Labour Convention (MLC) complaint.
Wages
You must be paid your wages in full at no more than monthly intervals.
You must be given the option to send all, or part of, your wages to a nominated person. If you do have all or part of your wages sent, any charges must be reasonable.
If wages sent are to be exchanged into a different currency, the rate of currency exchange, unless otherwise agreed, must be at the current market rate or official published rate and not unfavourable to you.
Leave
You are entitled to a minimum of 2.5 calendar days per month of service.
On New Zealand ships, the minimum amount of paid annual leave is specified in the Holidays Act. The maximum period of continuous service (without annual leave taken) must not exceed 12 months.
On foreign flagged ships, you must refer to your flag state requirements for the maximum period of continuous service onboard, before you are entitled to leave.
Hours of work and rest
Your maximum hours of work shall not exceed:
- 14 hours in any 24-hour period
- 72 hours in any 7-day period.
Your minimum hours of rest shall not be less than:
- 10 hours in any 24-hour period
- 77 hours in any 7-day period.
For New Zealand ships, the owner and master of the ship are required to set and manage rest periods and post a table of the shipboard working arrangements with the minimum hours of rest required. Records of hours of rest must be maintained. These must be endorsed by the master and seafarer and kept on board.
Recreation space
You must have recreation space onboard that meets the requirements of Maritime Rules Part 51. In addition, the shipowner must specify what recreational facilities are provided. These recreational facilities, amenities and services must meet the special needs of seafarers who live and work on the ship.
Food
You must be provided with food and water free of charge during the time you are onboard.
You must be provided with adequate, varied and nutritious meals, which have been prepared and served in hygienic conditions. Meals prepared for you must meet any religious requirements you have or cultural practices as they relate to food. Drinking water must be good quality.
The ship you are on board is required to have a qualified ship’s cook if:
- it has a crew of 10 (including the master) or more
- it is 1000GT or greater operating in an unlimited area.
Recruitment
You must not be charged a fee to be recruited to work aboard a ship. If you require assistance, a Recruitment and Placement Service provider may charge you a reasonable fee to obtain the following.
- Certificate of medical fitness.
- Seafarer’s qualification.
- National seafarers’ record book.
- Passport.
- Travel document (other than a visa).
Accommodation
Maritime Rules Part 51 sets the standards for all areas of a ship that crew occupy. This includes the sleeping and recreation rooms, galleys, laundries, sanitary accommodation (baths, showers, toilets) drying rooms, and storerooms. It also sets minimum standards for heating and ventilation.
Seafarer Employment Agreement (SEA)
Every seafarer serving aboard a ship to which MLC applies must have a signed seafarer employment agreement which, as a minimum, must contain the following:
- seafarer and shipowners name and details
- capacity in which you are employed
- wages to be paid to you
- your leave entitlements
- how the agreement can be terminated
- health and social security protection benefits
- your entitlement to repatriation.
You must be provided with a signed original copy of your SEA and a copy must be kept onboard by the shipowner or master.
Cadets
If you are a cadet, and not in paid employment, you are still considered under New Zealand law to be a seafarer.
The following MLC requirements apply to cadets:
- minimum age
- medical certification
- hours of work or rest
- accommodation
- on-board recreational facilities
- food and catering
- health and safety and accident prevention
- on-board medical care
- on-board complaints procedures
- financial security for repatriation.
As a cadet, you may not have a SEA.
However, Maritime NZ requires:
- you to have a signed written agreement between yourself and your training provider which provides for protection of living and working conditions as above
- there is a written agreement between the ship owner and the training provider you are enrolled with regarding your training, welfare and responsibilities while on the ship
- agreement must reflect that while you are not in paid employment, the ship owner is still obligated to ensure minimum standards are met in each of the above requirements.
Maritime NZ will accept a ship’s cook certificate issued by an administration that is party to the MLC. You do not need to apply for recognition of that certificate.