Seafarers have the right to refuse to sail through the Red Sea area with repatriation at company’s cost and compensation equal to two months basic wage, ITF and IBF said on Friday.
The International Bargaining Forum (IBF) has increased its support for IBF covered seafarers and says that the decision to include seafarers’ right to refuse to sail was not a step taken lightly as this could negatively impact global trade, but the safety of the seafarers is paramount.
Following continued incidents in the Southern Red Sea and the Gulf of Aden, the IBF Warlike Operations Area Committee (WOAC) convened on 7 February 2024 and agreed additional measures to support seafarers’ safety and welfare.
In response to these attacks, the IBF WOAC have agreed to expand the High-Risk area to include the Gulf of Aden and surrounding waters.
Additionally, the IBF WOAC agreed to include into the existing conditions for the designated IBF High Risk Area for the Southern Red Sea and Gulf of Aden, the seafarers’ right to refuse to sail into the area with repatriation at company’s cost and compensation equal to two months basic wage.
As it is reported, the two months basic pay compensation shall not be applicable if the seafarer is transferred to another vessel belonging or related to the same owner/manager, on the same rank and wages and all other terms.
There shall be no loss of earnings or entitlements during the transfer and the company shall be liable for all costs and subsistence during the transfer.
Collaboration between local and international governments, flag states, ports and airports will be crucial for seafarers to be repatriated safely and expeditiously, should they request it.
Seafarers must give seven days’ notice prior to entering the area, given the logistical constraints of passage and the difficulty to facilitate disembarkation in a safe port and mobilise repatriation in the area.
Seafarers who are onboard vessels within the High-Risk area or are due to transit into the High-Risk area within the seven-day window from the initial date of publication, will not be able to exercise their right to repatriation.
In the event that a vessel which was not scheduled to sail through the High-Risk area but has received instructions to cross within the seven-day notice period, seafarers will have the right to refuse to sail in the area, be repatriated at the company’s cost and receive compensation equal to two months basic pay.
