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The single most common rights question is: "can I leave early and who pays the flight?" Existing pages cover the underlying convention texts (SEA, unpaid wages, repatriation) but not the mechanics of each termination trigger. This page maps every termination path — expiry, compassionate, owner's breach, seafarer resignation, disciplinary — to notice period, repatriation cost allocation, wage settlement, and evidence required. Written for the seafarer weighing the decision + the master/DPA who has to process it.
| Trigger | Notice | Airfare | Wage settlement |
|---|---|---|---|
| Contract expiry / mutual completion | Per SEA | Employer | Full wages + accrued leave |
| Compassionate grounds (MLC A2.1.5 p.2) | Minimum (typically 7 days) | Employer | Wages to date + accrued leave |
| Owner's breach (unpaid wages 2+ months / unsafe / MLC violation) | Immediate | Employer | All unpaid wages + accrued leave + potential compensation |
| Seafarer resignation (non-compassionate) | Per SEA (typically 30 days) | Seafarer (varies by CBA) | Wages to date; leave may be reduced pro-rata |
| Disciplinary dismissal for just cause | Immediate | Seafarer | Wages to date only |
| Wrongful dismissal (finding) | Depends on jurisdiction | Employer | Wages + damages + reinstatement in some jurisdictions |
| Medical repatriation (MLC A4.1) | Immediate | Employer | Wages + medical care + continuation of pay per SEA |
Standard A2.1.5 (Seafarer Employment Agreement — Notice) requires each Member State's national law to specify minimum notice periods, which shall not be shorter than 7 days. Paragraph 2 is the underused rule: "Each Member shall recognize that a shorter notice period, or notice without penalty, may be given in circumstances which are recognized under national law or in applicable collective bargaining agreements as justifying termination of the employment agreement." Practical implication: compassionate + humanitarian + urgent-personal reasons allow the seafarer to terminate with NO penalty, and the employer must NOT charge repatriation. Genuine family emergency, serious personal illness, urgent humanitarian reason all qualify. Document the reason contemporaneously + in writing.
MLC 2006 Standard A2.5.1 defines abandonment as failure to pay wages for 2 consecutive months or failure to repatriate. In both cases the seafarer has the right to terminate + be repatriated at the shipowner's expense + to make a claim against the MLC financial-security certificate insurer. Do NOT sign a release-of-claims document in exchange for promised wages or repatriation. Contact ISWAN + the ITF inspector BEFORE leaving the ship. See Help: abandonment.
Under MLC 2006 Standard A2.1.5, either party may terminate with the minimum notice period specified in the SEA (typically 7 days). BUT: compassionate grounds — genuine family emergency, serious personal illness, urgent humanitarian reason — allow termination with NO penalty (Standard A2.1.5 paragraph 2). The employer must NOT charge for repatriation in compassionate cases if the reasons are properly documented. In practice this is under-invoked because many seafarers do not know the right exists.
Yes — under MLC 2006 Standard A2.5.1, failure to pay wages for 2 consecutive months constitutes abandonment or owner's breach + gives the seafarer the right to repatriation at the employer's expense + the right to terminate without penalty. Document the missed payment dates + contact ISWAN SeafarerHelp + the ITF inspector in the next port BEFORE signing off. See /help/abandonment.
Depends on the trigger. Employer-initiated termination or contract expiry: employer pays fully (MLC Reg 2.5). Compassionate-grounds termination: employer pays (MLC A2.1.5 paragraph 2). Owner's breach (unpaid wages, unsafe conditions): employer pays. Seafarer-initiated non-compassionate resignation: seafarer typically pays (may be capped in some CBAs). Disciplinary dismissal for just cause: seafarer pays. Always verify against your specific SEA + applicable CBA.
Only for serious cause: violence, gross insubordination, drunkenness on duty, gross safety negligence, theft. Even in these cases the master must document the incident + witnesses + issue a written warning where practicable. Summary dismissal without documentation exposes the operator to a wrongful-dismissal claim. Repatriation cost allocation depends on the finding — a wrongful-dismissal ruling shifts costs to the employer + adds compensation.
Sign-off statement showing rank + dates + reason for sign-off (contract expiry / compassionate / employer-initiated / disciplinary / owner's breach). Final wage account with every deduction itemised — sign 'under protest' if any deduction is disputed. Copy of the SEA + any addenda. Endorsed seaman's book. Repatriation ticket + itinerary. If you sign a general release you MAY waive future claims — get ITF or an attorney to review any release document before signing.
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