Contract dispute and breach of SEA
If the shipowner or manning agency breaches your Seafarer Employment Agreement — failing to pay agreed wages, ending the contract early without cause, withholding allotments, refusing leave, or imposing duties or trading limits beyond the SEA — you have multiple enforcement routes. The first is the on-board complaint procedure under MLC 2006 Standard A5.1.5; from there you can escalate to the flag state, the manning agency's licensing authority, the ITF Inspectorate, and (where contract issues survive into a labour-court action) national labour tribunals. Document every breach contemporaneously.
Step-by-step
- Keep the original SEA. Photograph it. Note every clause that has been breached with dates and corroborating evidence.
- File the on-board complaint in writing per the SMS procedure. Get a written acknowledgement. The SMS must address the complaint within prescribed timeframes (typically 7-14 days for a first response).
- If the SMS produces no remedy, escalate to the company's shore office in writing — the DPA contact details are in the SMS.
- Contact the manning agency's licensing authority. For Filipino seafarers this is the DMW; for Indian DG Shipping (RPSL holders); for Ukrainian Maradmin. The licensing authorities can suspend or revoke licences, which makes them effective.
- Contact the ITF Inspectorate at any port the vessel calls. ITF can negotiate remedies and, where the flag is FoC-listed, apply the TCC CBA minimums regardless of the individual SEA.
- If the dispute survives sign-off: pursue through national labour courts (POEA / NLRC for Filipinos, Labour Tribunal for Indians, similar elsewhere) within the limitation period — typically 3 years for wage claims.
Evidence to save
- SEA original + photographic backup of every page
- Wage accounts + allotment receipts spanning the dispute period
- All correspondence with the company / agent (email + WhatsApp screenshots)
- Witness statements from crew with their consent
- On-board complaint thread per MLC A5.1.5
What NOT to sign
- Release of claims at sign-off
- Side-letter accepting a reduced settlement below the SEA
- NDA covering the dispute facts
Legal basis
MLC 2006 Reg. 2.1 (SEA), Standard A2.1 (content of SEA), and Standard A5.1.5 (on-board complaint procedure). National manning-agency licensing legislation: Philippines Republic Act 11641 (DMW) and POEA-SEC; India MS (Recruitment and Placement of Seafarers) Rules 2016; Ukrainian Maradmin licensing. ITF Inspectorate operates on flag-of-convenience vessels under TCC CBAs.
Primary sources
- MLC 2006 Reg 2.1 + Std A2.1 + Std A5.1.5 · normlex.ilo.org
- ILO C181 — Private Employment Agencies (manning-agency licensing) · ilo.org
- Rights pillar: SEA · seafarerindex.com
Related terms
Organisations that can help
Disclaimer. General information only — not legal advice. Rules vary by flag state, port state, vessel type, applicable CBA, and contract. For specific cases, contact ITF, ISWAN, your union, or a maritime lawyer.