The maritime industry sector is a backbone of the global trade, and the United Arab Emirates (UAE), with its strategic location and advanced ports, plays a crucial role in this sector. A vessel’s crew is integral to its operations, making their rights, welfare, and working conditions a top priority for ensuring safety and efficiency at sea. Recognizing this, UAE introduced Federal decree Law No. 43 of 2023, which came into effect on 29 March 2024, establishing a comprehensive framework to regulate maritime labour. This blog explores the key provisions of the law concerning crew rights, responsibilities, and industry accountability.

The Need for Updated Maritime Law

The maritime sector is unique in its challenges. Seafarers often face long periods away from home, exposure to hazardous working conditions, and the complexities of international maritime law. These issues, coupled with the global nature of the industry, can leave maritime workers vulnerable to exploitation and unfair treatment.

As a leading maritime hub, the UAE has long recognized the importance of protecting the rights of seafarers. The Federal Decree Law No. 43 of 2023 builds on the foundation of the Maritime Commercial Law (Federal Law Decree No. 26 of 1981), introducing comprehensive measures to address the evolving needs if the maritime industry. While the law modernizes various aspects of maritime operations, its focus on crew rights is particularly noteworthy, reflecting UAE’s commitment to safeguarding the welfare of maritime workers.

Key Provisions for Crew Rights Under Federal Decree-Law No. 43 of 2023

Seafarer Employment Contracts: A Foundation for Fair Labor Practices

The updated law establishes seafarers’ employment contract as the foundation fair labour

practices in the industry. These contracts must be in writing and outline key terns, including:

• Wages: Seafarers must be paid promptly and fairly, with wages specified in the contract.
• Working Hours and Rest Periods: The law mandates reasonable working hours and adequate rest periods to prevent fatigue and ensure safety.
• Health and Safety: Employers must provide safe working conditions, medical care, and appropriate living accommodations on board.

Additionally, the updated law also sets a minimum age of 16 for seafarers, with additional protections for those under 18, who are prohibited from working at night except in specific circumstances. These provisions align with international standards, such as the International Labour Organization’s Maritime Labour Convention (MLC), ensuring that the UAE remains compliant with global best practices.

Wages and Compensation: Ensuring Fair Remuneration

The updated law guarantees seafarers the right to timely and fair wages, which must be paid in UAE dirhams or another agreed-upon currency. Employers are prohibited from making unauthorized deductions from wages, except in cases specified by the law or the employment contract. In cases of injury or illness sustained during employment, seafarers are entitled to:

• Full wages for the duration of their stay on the ship until they are repatriated.
• Medical treatment and accommodation expenses.
• Compensation for permanent disability or death resulting from work–related incidents.

These provisions ensure that seafarers are adequately compensated for their labor and protected in the event of workplace accidents.

Health, Safety, and Living Conditions

The updated law places a strong emphasis on the health and safety of seafarers. Employers are required to:

• Provide medical care and health insurance for all crew members.
• Ensure that living accommodations on board are clean, ventilated, and suitable for the crew’s needs.
• Conduct regular safety drills and provide training to handle emergencies.

Additionally, the updated law mandates that ships carry adequate medical supplies and equipment to address health emergencies at sea. These measures not only protect seafarers but also contribute to the overall safety and efficiency of maritime operations.

Dispute Resolution and Legal Recourse

The law provides clear mechanisms for resolving disputes between seafarers and employers. UAE courts have jurisdiction over cases arising from seafarer employment contracts, unless the parties agree to arbitration or another dispute resolution method. Claims related to employment must be filed within one year of the contract’s expiration, ensuring timely resolution of disputes.

Seafarers also have the right to terminate their employment contracts under specific conditions, such as:

• Serious breaches by the employer.
• Medical inability to perform duties.
• Unsafe working conditions.

These provisions empower seafarers to seek redress and protect their rights in cases of employer misconduct or unsafe working environments.

Protection Against Abandonment

One of the most significant advancements in the updated law is the protection against abandonment. If a shipowner fails to pay seafarers’ wages for two consecutive months, the Ministry of Energy and Infrastructure may impose an administrative attachment on the ship and sell it at auction to recover unpaid wages. This provision ensures that seafarers are not left stranded without pay, reinforcing the UAE’s commitment to protecting maritime labour rights.

Annual Leave and Rest Periods

Under the updated law seafarers are entitled to a minimum of three days of annual leaves for every month of service. This ensures that maritime professionals receive adequate rest, contributing to their overall well-being and operational efficiency. Furthermore, in cases where a seafarer is unable to utilize their entitled leave before the termination of their employment, they are eligible for financial compensation, reinforcing the importance of fair labour practices within the maritime sector.

Alignment with International Standards

Federal Decree-Law No. 43 of 2023 aligns closely with international maritime labour standards, particularly the Maritime Labour Convention (MLC), 2006. By incorporating these standards into national law, the UAE demonstrates its commitment to fostering a fair and equitable maritime labour market while maintaining its position as a global hub for maritime trade.

Penalties for Violation

To uphold the rights of seafarers and maintain industry compliance, the law prescribes stringent penalties for non-compliance. Employers who fail to provide essential crew rights, including safe working conditions, timely payment of wages, or medical care, may face fines or imprisonment. Additionally, in cases of severe violations, authorities may confiscate ships, ensuring accountability within the maritime industry and emphasizing UAE’s commitment to enforcing robust labour protections.

Conclusion

Federal Decree-Law No. 43 of 2023 represents a significant milestone in the regulation of maritime labor in the UAE. By establishing clear rights and protections for seafarers, the law ensures that the maritime industry operates efficiently and ethically.

For shipowners, operators, and crew members, understanding these provisions is essential to navigating the complexities of maritime labor relations in the UAE. As the maritime industry evolves, the UAE’s steadfast commitment to upholding crew rights and promoting fair labor practices sets a benchmark for other nations to follow.

By prioritizing the welfare of its maritime workforce, the UAE enhances both the safety and efficiency of its ports while reinforcing its reputation as a global leader in the maritime sector.

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*Disclaimer: our blogs, law updates and FAQ’s are freely distributed for educational purposes and to showcase recent updates and regulations in the UAE’s framework.

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