Key takeaways
New bill improves seafarer working conditions
Fatigue management and rest rules now mandatory.
Fair pay and redundancy rules introduced
Seafarers gain wage protections and tailored processes.
Employers face stricter compliance duties
Record-keeping, reporting and penalties now apply.
Navigating new waters: How the Employment Rights Bill is charting a course for improved seafarers’ rights
The maritime industry is on the brink of a significant transformation. With the recently amended Employment Rights Bill, seafarers are set to experience enhanced working conditions and rights that align with international standards. These changes aim to improve overall maritime employment practices, ensuring a safer and fairer working environment for seafarers. Employers in this sector should be aware of the following:
Introduction of safe working regulations
New regulations will be introduced to specify conditions related to the working patterns and rest requirements of seafarers. These regulations aim to manage and mitigate risks arising from fatigue, ensuring that seafarers have adequate rest and safe working conditions. Employers will need to develop and implement fatigue management plans and ensure compliance with these new standards.
Remuneration regulations
The Bill includes provisions for remuneration regulations that will apply to seafarers who would not otherwise qualify for the national minimum wage or other specified remuneration standards. These regulations will ensure that seafarers are paid fairly for their work. Employers will need to review and adjust their pay structures to ensure compliance with these new regulations.
Collective redundancy changes
The Bill introduces specific provisions to address collective redundancies for seafarers, ensuring that their unique working conditions are taken into account and that the process for handling redundancies is tailored to the maritime sector. Employers proposing collective redundancies involving ships’ crew will be required to notify the Secretary of State, ensuring that the relevant authorities are informed about redundancy plans, allowing for better oversight and support for affected seafarers. The Bill also clarifies that the term “ship” includes any kind of vessel used in navigation, including hovercraft. This broad definition ensures that the collective redundancy provisions apply to all types of maritime vessels. These changes provide greater protection and support for seafarers during redundancy situations.
Enhanced record-keeping and reporting
Employers will be required to maintain detailed records and provide information to demonstrate compliance with the new legislation. Regular reporting to the relevant authorities will be necessary to ensure transparency and accountability.
Penalties for non-compliance
The Bill introduces penalties for non-compliance with the new regulations. Employers who fail to adhere to the specified conditions may face fines and other legal consequences. It is crucial for employers to stay informed about the requirements and ensure that their practices are in full compliance to avoid any potential penalties.
Action and timescales
Actions and timeline
The amendments to the Employment Rights Bill represent a significant step towards improving the working conditions and rights of seafarers. Employers in the maritime industry will need to take proactive measures to align their practices with the new legislation, ensuring compliance and promoting a safe and fair working environment for all seafarers.
Hill Dickinson’s employment team will continue to keep you informed about the timescales for change and can assist employers with the steps necessary to ensure compliance.