ITF wage-claim toolkit

Unpaid wages are one of the most common and serious violations of seafarers' rights. MLC 2006 Regulation 2.2 guarantees regular payment of wages, but enforcement depends on the seafarer taking the right steps in the right order. This guide covers document collection, ITF contact, the letter of demand, and the MLC financial security claim — practical tools for pursuing outstanding pay.

Step 1 — gather documents

• · Seafarer Employment Agreement (SEA): signed original; contains agreed wage scale, hours of work, leave entitlement, and repatriation clause.
• · Wage accounts / payslips: monthly statements showing gross pay, deductions, and net paid. Compare with CBA wage scale for the rank.
• · Allotment records: bank statements or remittance receipts proving what was actually received by the seafarer or their family.
• · Hours of work/rest records: STCW-required rest-hour records may document overtime due but unpaid.
• · CBA: if sailing under a TCC or other ITF-approved agreement, obtain the current wage scale table from itfseafarers.org.
• · Keep digital copies ashore; email to yourself or a family member immediately.

Step 2 — contact an ITF inspector

• · Use itfseafarers.org 'Find an inspector' tool; inspectors are listed by country and port.
• · ITF inspectors have legal authority in most ports to board ships and inspect wage records under national labour law.
• · Inspector will calculate the shortfall against the TCC (Total Crew Cost) CBA or the applicable wage scale for the flag State.
• · Inspector may contact the shipowner, ship manager, or P&I club directly, and can escalate to industrial action (ITF-affiliated port workers) if the owner refuses to pay.
• · All ITF services are free; bring all documents to the first meeting.

Step 3 — letter of demand

• · Drafted by the seafarer (or the ITF inspector) and sent by recorded delivery to the shipowner, ship manager, and their P&I club.
• · Specify: seafarer name and rank; vessel name and IMO number; period of unpaid wages; amount claimed in USD (or the SEA currency); statutory basis (MLC 2006 Reg 2.2, flag State merchant shipping act).
• · Set a 14-day deadline for payment before further action; preserve the right to claim interest under the applicable law.
• · Send a copy to the flag State administration and the port State MLC authority.

Step 4 — MLC financial security claim

• · Every ship must display the financial security certificate on board (MLC 2006 Standard A2.5.2); note the insurer or P&I club named on the certificate.
• · Submit a claim directly to the financial security provider; claims must be accepted for up to four months of wages plus repatriation costs.
• · Flag State has an obligation to assist seafarers in making financial security claims; contact the flag State maritime authority if the provider is unresponsive.
• · The IMO/ILO Joint Maritime Database (JMD) records abandonment cases; a complaint filed with the JMD creates an international record that affects the shipowner's reputation with port State authorities.

Ship arrest under admiralty jurisdiction

• · Crew wage claims are maritime liens under the 1993 Convention on Maritime Liens and Mortgages — highest priority, ahead of mortgages.
• · Application for arrest is made to the port State admiralty court; the ship is detained until security (cash or a P&I club letter of undertaking) is lodged.
• · An ITF lawyer in the port or the seafarer's union lawyer files the application; most ITF affiliates have legal networks to handle arrests at short notice.
• · Notice of intent to arrest should be given to the P&I club simultaneously — clubs often settle to avoid arrest disrupting the ship's commercial operations.

Sources: MLC 2006 Regulation 2.2 (Wages) and Standard A2.5.2 (Financial security for seafarers); ITF Constitution (International Transport Workers' Federation); 1993 International Convention on Maritime Liens and Mortgages. See also MLC 2006, SEA, PSC inspection.