Seafarers

The employment of seafarers under Maltese law is governed by a specialised legal framework that varies depending on the nature, size, and operational scope of the vessel.

The Merchant Shipping Act (Chapter 234) is the principal legislation regulating employment on Malta-flagged vessels, while the Employment and Industrial Relations Act (Chapter 452) may apply in certain contexts, particularly for vessels operating within Maltese territorial waters.

A key international instrument—the Maritime Labour Convention (MLC), 2006 has been transposed into Maltese law through subsidiary legislation. The MLC sets out minimum standards for seafarers’ working and living conditions, covering:

• Employment contracts and wages
• Hours of work and rest
• Accommodation and food
• Health protection and medical care
• Social security and repatriation rights
• Compliance and enforcement mechanisms
• Mandatory insurance

Social security obligations for employers/shipowners are complex and depend on factors such as the vessel’s flag, the seafarer’s residence, and the employer’s place of establishment. EU Regulation 883/2004 applies the “flag state rule” for seagoing vessels, meaning that seafarers are generally subject to the social security system of the country whose flag the vessel flies. However, exceptions exist, and case-by-case assessments are often required.

How we help: Employment 360 assists clients in navigating the intricate legal landscape governing seafaring. We advise on crew contracts, MLC compliance, and social security registration, ensuring employers meet both Maltese and EU obligations. Our team also supports clients in resolving cross-border employment issues.