Jurisdiction and Governing Laws in Disputes Arising Out of Seafarer’s Employment Agreement

Rahul Varma*

The Maritime Labour Convention 2006 sets a legal framework for the seafarers on a ship to enter into a Seafarer Employment Agreement (SEA) with the owner of the ship or his representative. The SEA contains information as per the guidelines and standards set by MLC. In case the rights of the seafarers are infringed, it is considered as a maritime labour dispute within the ambit of the maritime labour law of the supplying state. Further, some, the execution of SEA empowers the seafarer to seek legal remedy in case of disputes by filing a lawsuit against the ship-owner. The disputes are dealt with in conformity with the universal law of the seas, conventions, and treaties as set by the UNCLOS that are adopted by the member states. Firstly, this paper will discuss the disputes arising out of SEA, highlighting the welfare aspect of MLC regulations. Secondly, the admiralty laws covering sovereign rights will be covered concerning national and international law perspectives. Lastly, the paper aims to highlight the welfare scheme for seafarers enacted in the ITF-IBC International Collective Bargaining Agreement 2019-2020 that can be considered by India for better welfare development of seafarers.

Keywords: Seafarers, Jurisdiction, Maritime Labour Convention, Seafarers Employment Agreement, and Admiralty law

*Founder of Ally Maritime and Legal Services; Advocate (Ex Master Mariner);captvarma@gmail.com
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