Abandonment — decision tree before signing off

Abandonment is defined in law, not just in feeling. Understanding the MLC Standard A2.5.2 triggers before you sign anything determines whether you recover your wages and repatriation costs in full or sign them away. This page covers how to identify abandonment, what evidence to preserve, who to contact in sequence, and the critical negotiation pitfalls.

Step 1 — identify the type of situation

1. Abandonment (MLC Standard A2.5.2): wages unpaid for 2+ months, or owner has failed to cover repatriation costs, or owner has unilaterally severed contact with the crew. The financial security insurer is liable. This page applies.
2. Voluntary sign-off: the seafarer requests to leave the ship at a port during the contract period, with the owner's agreement. The SEA (Seafarers' Employment Agreement) governs terms. You are owed all wages accrued to the sign-off date. Repatriation is at the owner's cost if the ship is not in your home country (MLC Reg 2.5 Standard A2.5.1).
3. Ship sale or scrap: when a ship is sold or sent to demolition, crews are entitled to repatriation and wages to the date of discharge. This is not abandonment if the new owner or breaker takes responsibility — but it can become abandonment if no party pays. Confirm in writing before leaving the vessel.
4. If uncertain: assume abandonment and proceed with evidence preservation. It is always safer to gather evidence and be told you do not need it than to sign away rights without it.

Step 2 — evidence preservation checklist

1. Copy of your Seafarers' Employment Agreement (SEA) — both pages, all annexes, and the original signed version.
2. Wage account printout or payslips for the last 6 months — obtain from the Master or ship's purser. If refused, note the refusal in writing and date it.
3. Allotment statements showing any portions of wages already paid to your allottee (family member or bank account).
4. The date wages were last credited to your account — this is the "last paid date" and starts the 2-month MLC clock.
5. Vessel position log extracts covering the period when wages stopped — this establishes which flag and port states have jurisdiction.
6. Master's orders or any written communications from the company in the abandonment period — emails, WhatsApp, letters. Screenshot and back up to your personal device.
7. Photographs of: (a) the MLC Document of Maritime Labour Compliance (DMLC) Part II posted on the ship — this names the financial security insurer and their contact details; (b) the financial security certificate posted on the ship, including insurer name, policy number, and expiry date; (c) the ship's current class certificate and flag-state certificate of registry (so you have the official flag, owner name, and IMO number on record).
8. Record the ship's IMO number, official number, call sign, MMSI, flag state, and port of registry. These are needed for every authority you contact.

Step 3 — sequenced contact list

1. ITF Inspector at the next port: the International Transport Workers' Federation (ITF) has inspectors at most major ports. Find the nearest via itfseafarers.org or by calling the ITF 24-hour helpline. ITF can board the vessel, inspect wages records, and negotiate directly with the owner or insurer on your behalf. This is the fastest and most effective first contact.
2. ISWAN SeafarerHelp: free, confidential, 24/7 helpline in multiple languages. Phone: +44 20 7323 2737. WhatsApp, email, and live chat at seafarerhelp.org. ISWAN can advise on your rights, connect you with local welfare organisations, and provide emergency financial assistance in some cases.
3. Flag-state administration: contact the maritime authority of the vessel's flag state. They are responsible for enforcing MLC on flag-state vessels and have the power to contact the owner directly, inspect the financial security certificate, and in serious cases detain the vessel or revoke the flag.
4. IMO/ILO Joint Database entry: request the flag state or ITF to submit the case to the IMO/ILO Joint Database on Seafarer Abandonment. Entry creates an international record and unlocks additional diplomatic pressure channels.
5. Manning-agency licensing authority: if the manning agency is licensed in the Philippines (POEA/DMW), India (DG Shipping), or another major flag state, file a complaint with their licensing body. Agencies face licence suspension for facilitating abandonment.
6. P&I Club: identify the P&I Club from the DMLC Part II financial security certificate. Call their 24/7 loss prevention line directly — they can instruct the owner to pay and may pre-authorise repatriation costs directly. The club is jointly and severally liable under MLC Standard A2.5.2 paragraph 6.

Negotiation pitfalls — do not do this

1. Do not sign a release of claims: any document that includes the words "full and final settlement," "release of all claims," "in full satisfaction," or "waiver of further claims" should not be signed until you have received every sum owed and obtained independent advice from ITF, a seafarers' welfare organisation, or a maritime lawyer.
2. Do not leave the vessel without a signed wage certificate: obtain a written statement from the Master recording the wages owed to you on the date of departure. Without this, proving the debt is harder.
3. Do not accept a promise of future payment in lieu of current payment: "we will pay next week" is not enforceable against the insurer unless in writing. Require the insurer — not the owner — to confirm payment terms in writing.
4. Insist the insurer pre-pays repatriation: MLC Standard A2.5.2 paragraph 8 requires the financial security to cover repatriation costs. The insurer should book and pay the ticket directly or reimburse immediately on submission of a receipt. Do not accept a loan or advance that requires repayment.
5. Wages owed: up to 4 months: MLC Standard A2.5.2 paragraph 9(a) requires the financial security to cover up to four months of outstanding wages and other entitlements. If more than four months are owed, the balance remains a debt against the owner (potentially enforceable by arresting the ship under ILO Convention 173 priority maritime claim).

Legal instruments in order of application

1. MLC 2006 Regulation 2.5 + Standard A2.5.1 — repatriation rights for all seafarers.
2. MLC 2006 Standard A2.5.2 (2014 amendment, in force 18 January 2017) — financial security mandatory; insurer directly liable to seafarers.
3. IMO/ILO Resolution V (2006 MLC) — joint mechanism for monitoring abandonment cases via the database.
4. ILO Convention 173 (Protection of Workers' Claims in Employer Insolvency, 1992) — wages are a priority maritime lien on the ship, ahead of most secured creditors. An admiralty court can arrest the ship and direct the proceeds of sale to unpaid crew wages.

Sources: MLC 2006 (Maritime Labour Convention) Regulation 2.5 + Standard A2.5.1 (repatriation) + Standard A2.5.2 (financial security, 2014 amendment in force 2017); IMO/ILO Resolution V (Bipartite body on abandonment monitoring); ILO Convention 173 (Protection of Workers' Claims in Insolvency) — wages as priority maritime lien. See also MLC financial security certificate, DMLC, and what to do when wages are unpaid.