As a seafarer on a Panamanian
flag ship, you have certain rights that are guaranteed by maritime laws and
regulations of the Republic of Panama.
This booklet has been written
to inform you of some of your rights and to help you find assistance if your
rights have been violated. It is based
on Law Decree No. 8 of February 26, 1998, known as the “Law Decree whereby Work
at Sea and in Navigable Waterways is regulated.” This regulation comes into effect April 27, 1998. This booklet replaces all earlier publications
of our booklets, “Seafarers’ Rights on Panamanian Flag Ships” (March, 1996).
References in the parentheses
are to Law Decree No. 8 of February 26, 1998 and to other laws of the Republic
of Panama.
Some sections of the law may
have changed since the publication of this booklet. This is not a statement of the law, but only a quick reference
based on Panamanian Law and Regulations.
The Center for Seafarers’
Rights is ready to assist all seafarers who think that their rights to fair and
decent working conditions have been denied.
We encourage questions,
comments, and suggestions from readers of this booklet. Comments and contributions regarding the
text are welcome so that corrections and improvements might be incorporated
into future editions.
This booklet is available for
free but may not be reprinted without permission. Copies of this and other publications of the Center for
Seafarers’ Rights are available at most seafarers’ centers and on our website:
http://www.seamenschurch.org
You may also write to us at:
Center for Seafarers’ Rights
Seamen’s Church Institute of NY and NJ
241 Water Street
New York, NY 10038
USA
Telephone #: + (212) 349-9090
Fax #: + (212)
349-8342
E-mail:
csr@seamenschurch.org
MANNING AGENCIES
By law, all manning agencies
incorporated in Panama are subject to the control, supervision and regulation
of the Ministry of Labor and Labor Development of the Republic of Panama. (Art. 13)
Only manning agencies that are registered with the Ministry of Labor and
Labor Development may use the term “Manning Agency” or “Signing-on Agency” or
similar terms as part of their name.
(Art. 16) Manning agencies that
operate in Panama must have a legal representative in Panama, registered with
the Ministry of Labor and Labor Development.
Manning agencies must inform the Ministry of Labor and Labor Development
of their current name, address, telephone and fax numbers. (Art. 18)
If a manning agency loses its
license to operate in Panama based on immorality, fraud, falsehood or
bankruptcy, it will be unable to obtain a new license. (Art. 30)
Every manning agency operating
in Panama must deposit between fifty thousand and one hundred thousand Balboas
(B/.50,000 – B/.100,000) (as determined by the Ministry of Labor and Labor
Development) with the Ministry of Labor and Labor Development. This money is available to cover
crewmembers’ repatriation, lodging and food expenses in case these items are
not paid, or to cover any fines imposed on the manning agency. (Arts. 19, 21) Any monies depleted by the manning agency must be
replenished. (Art. 22)
Manning agencies may not charge
seafarers any fees, commissions, administrative costs, paperwork costs,
research or verification of documents costs, or for any other reason. (Art. 25)
Manning agencies must keep an
authenticated copy of your shipping articles (contract) as part of their
records. (Art. 23)
DISCRIMINATION
When hiring or recruiting
seafarers, it is illegal to discriminate on the basis of religion, race,
political affiliation or union membership.
(Art. 26)
The same salary shall be paid
for the same job, performed for the same shipowner under comparable conditions
of efficiency and ability and of equal time of service aboard the same
ship. Bonuses and incentives for
special services or tasks, years of service, or individual productivity are
allowed. (Art. 5)
INSPECTIONS
The Panama Maritime Authority
is authorized to inspect any Panama-flag ship and to take action to ensure
compliance with current regulations or international agreements on health or
labor conditions that have been ratified by Panama. The Panama Maritime Authority may detain a vessel that has
violated these health or labor conditions.
(Arts. 114, 115, 117)
The Panama Maritime Authority
will conduct a special inspection of a vessel whenever a written complaint is
received from a majority of the crew or from a reputable shipowners or
seafarer’s organization. Complaints
should be received within 48 hours of the vessel’s scheduled departure. (Art. 65)
Panama will enforce Panamanian
and international laws ratified by Panama related to crew accommodations
through inspections. Panama will
inspect all vessels periodically to ensure compliance with the law. (Art. 60)
Panama will establish
inspection guidelines for water and food supplies, facilities used to store,
handle, prepare and serve food and water, and the certificates of competency of
the vessel’s catering staff. (Art. 62)
The
Captain of a Panamanian vessel, or an officer appointed by the captain, and a
responsible member of the catering staff shall conduct periodic inspections of
the food and water supplies and of the areas and facilities used for storing,
handling, preparing and serving food.
Inspection results shall be written in the ship’s log. (Art. 64)
YOUR
CONTRACT
You have the right to read your
contract before signing it. You have
the right to allow a representative to read the contract and give you advise
before you sign it. Your contract must
be signed by you and by the shipowner or the shipowner’s representative. (Art. 34)
Your employment contract must
contain at least the following information:
1) Your
name, date and place of birth, nationality, seafarer’s identity document number
and passport number;
2) The
shipowner’s name and legal address;
3) The
place and date of your contract;
4) The
name of your ship;
5) The
trip or trips you will make, if known when you sign the contract;
6) Your
position aboard the ship;
7) The
date and place for boarding the vessel (if possible);
8) Information
about the food and accommodations on board;
9) Your
salary, the currency in which it will be paid, and the method and place of
payment;
10) Annual
leave information;
11) The
shipowner’s obligation to you in case of accident, sickness, or death, and
information regarding insurance coverage.
(Art. 35)
Your contract may be in one of
three forms:
1) For a
definite period of time;
2) Per
voyage;
3) For an
indefinite period of time. (Art. 32)
Every Panama-flag ship must
have a document called a “Crew List” which contains at least the following
information:
1) Name of
the ship and call sign
2) Name
and address of the shipowner
3) Names
of all officers and crew, indicating age, nationality, address, and name and
address of next of kin
4) Cargo
on board
5) Seafarer’s
identity document number for each crewmember
6) Information
on crew wages
7) Place
and date of employment
8) Time
and duration of the contract
9) Place
and date of disembarkation
10) Signatures
of each crewmember
11) Sum
paid at time of disembarkation
12) Captain’s
signature at disembarkation (Art. 31)
Your employment contract should
be attached to the Crew List, (Art. 33) and should be signed by both you and
the shipowner or his representative.
(Art. 34) The contract must be
provided to competent authorities at their request. (Art. 33)
HOURS OF
WORK
The normal hours of work should
be agreed upon in your employment contract.
(Art. 68)
Work that exceeds the daily
limits established in your contract is considered overtime. (Art. 68)
Overtime pay may not be less
than 125% of your basic hourly wage.
(Art. 68)
Your contract may provide for
benefits other than cash for working overtime hours. (Art. 68)
Statutory overtime guidelines
do not apply to the captain, chief engineer, steward, purser, officers in
charge of a service but who don’t stand watch, self-employed persons, and
persons working for a commission. (Art.
69)
Time used to carry out the
following tasks is not considered as either regular working hours or overtime
hours:
1) emergency
work when the safety of the ship, cargo, or crew or passengers are in danger;
2) work to
help other ships or persons in distress;
3) roll
calls and emergency drills;
4) special
work for customs, quarantine or other sanitary formalities;
5) extra
time required for normal watch relief.
(Art. 70)
You are entitled to paid annual
leave as specified in your employment contract and in international
agreements. (Art. 73)
WAGES
Your
wages begin on the day you begin service aboard the vessel. If you have to travel from the place where
you signed the contract in order to meet the ship, then your wages begin the
day you begin to travel. (Art. 39)
Your
wages will be paid in the currency agreed upon in your employment
contract. (Art. 40)
If your
voyage is interrupted after you have sailed from your original port, you are
entitled to receive the total value of your contract for the agreed
voyage. (Art. 46)
If your
voyage is extended and you are employed on a voyage contract, you are entitled
to an additional proportional wage payment.
There shall be no wage reduction if the voyage is shortened. (Art. 43)
If the voyage is cancelled, you are entitled to be paid your earned wages
and to keep any advance pay you have already received. (Art. 44)
If the voyage contract is cancelled, you are entitled to an additional
sum of one third of the total amount of the contract. (Art. 44)
If the
voyage is suspended due to conditions beyond anyone’s control (such as
earthquakes, floods, or war), you are entitled only to the wages and advances
you have already earned or received.
(Art. 45)
If you
are fired for cause, you may only receive the wages you earned, your
proportional annual leave, and your repatriation funds. (Art. 52)
DEDUCTIONS
Only
the following deductions may be taken from your wages:
1) Social
Security dues (only if you are affiliated with the Panama Social Security
System).
2) Repayment
of debts owed by you to the shipowner for advances or excess payments. No more than 15% of your wages may be
deducted for this reason.
3) Housing
mortgage payments made directly to the real estate company or credit
institution, or the rent to be paid for housing, up to 30% of your wages.
4) Family
allotments (any amount).
5) Union
dues.
6) Attachments
and garnishments up to 15% of the surplus above the amount that can not be
garnished.
7) Deductions
established by law.
Except for family allotments,
the total deductions may never exceed 50% of your basic wages. (Art. 47)
ILLNESS
AND INJURY
The shipowner is responsible
for providing assistance to you if you become ill or injured until you fully
recover from your illness or injury, or until the permanent nature of your
illness or disability is confirmed. (Art.
87)
If you become ill or injured in
the course of your duties, you are entitled to the cost of medical, surgical
and hospital expenses, and the supply of medication and other therapeutic means
of good quality and in the amount required.
You are also entitled to the cost of food and accommodation while
receiving medical treatment. (Art. 86)
The shipowner must have
insurance coverage for health risks resulting from illnesses that seafarers may
contract. (Art. 84)
The shipowner must pay for your
repatriation if your illness or injury requires you to be repatriated. (Art. 37)
If you disembark due to illness
or injury, your employment continues until your disability ends, unless you
work on a passenger ship. If you work
on a passenger ship, your employment will be terminated no later than 30 days
after your illness or injury began.
(Art. 48)
When illness results in your
inability to work, the shipowner must pay you your full wages until you have
made a complete recovery, or until the permanent nature of your illness is
confirmed, or until your contract expires.
If you are disembarked for medical reasons, your entitlement to wages is
limited to 12 months after the onset of the illness. In the case of international passenger ships, your entitlement to
wages is limited to 30 days after your illness began. (Art. 89)
The shipowner must pay for
ordinary funeral expenses if a crewmember dies after disembarking, if he was
still receiving assistance from the shipowner as a result of illness. (Art. 90)
The shipowner must take all
measures to protect the personal belongings left behind by sick, injured or
deceased crewmembers. (Art. 91)
Unless
a written contract specifies otherwise, lawsuits to enforce a shipowner’s
obligations for illness and injury benefits must be brought before the Panama
Maritime Labor Courts. (Art. 92)
FOOD AND
ACCOMMODATION
The shipowner must provide you
with accommodation facilities that are conveniently installed, ventilated and
illuminated, as well as in proportion to the number of occupants and reserved
exclusively for their use. (Art. 59)
Your food must be varied,
sufficient, healthy and, in each case, must be appropriate to the ship’s
trade. (Art. 61)
You are entitled to register a
complaint in writing to the Panama Maritime Authority if international
agreements or national laws regarding food and accommodation are not being
observed aboard your ship. (Art. 63)
TERMINATION
Your employment contract may be
cancelled in the following circumstances:
1) By
mutual agreement of those who signed the contract;
2) By the
shipowner or the shipowner’s representative when authorized by law (see reasons
listed under Article 50, below);
3) You may
resign from your employment, but your resignation can not give up your legal
rights and your resignation must be in writing before a labor or consular
official or witnessed by two of your ship’s crewmembers;
4) Upon
your death;
5) If your
ship is lost or if it becomes unseaworthy as defined by the insurance policy or
charter agreement;
6) If the
ship is laid-up for more than 90 days;
7) If you
disembark due to illness or injury;
8) If your
ship changes registry;
9) If your
ship changes ownership;
10) When
your contract expires. (Art. 48)
Your employment contract
expires in one of three ways:
1) If you
have signed a contract for a definite period of time, the date of termination
is the date of the expiration of your contract.
2) If your
contract is signed per voyage, your contract terminates upon arrival at the
destination port plus discharge time.
3) If your
contract is signed for an indefinite period of time, the conditions that
determine termination must be stated in your contract, including the amount of
notice that must be given. (Art. 35)
You may terminate your
employment contract for the reasons listed below. If you terminate your contract for these reasons, you will be
entitled to the same indemnifications as specified when the shipowner ends the
contract without just cause. (Art.
53) If you choose to end your contract
for one of the following reasons, you must do so within three months of your
having notice of the occurrence. (Art.
54)
You may terminate your employment contract for cause for
the following reasons:
1) If the
local, national or foreign authorities declare the ship unseaworthy;
2) If the
accommodation, food or water given to you is deficient or unsanitary and the
master fails to take the necessary measures to remedy the deficiencies in a
reasonable period of time;
3) If the
master mistreats or abuses you (this must be confirmed);
4) If the
shipowner fails to comply with laws and regulations related to safety, health
and sanitation, but only if the master is aware of these deficiencies and
refuses to adopt necessary corrective measures within a reasonable period of
time;
5) If your
wages are not paid in the manner prescribed by law or in the contract;
6) If the
shipowner’s action or lack of action endangers the safety of the ship or those
on board;
7) If the
shipowner or his representative tries to get you to commit a crime;
8) If your
contract is substantially modified.
(Art. 53)
The shipowner (or his
representative) may terminate your employment before your contract expires for
the reasons listed below. Your
employment may not be terminated for cause for an event that occurred more than
three months before. (Art. 51) If you are fired for cause, you are entitled
to be paid only the wages you have earned, your proportional annual leave, and
for your repatriation. (Art. 52)
Your employment may be
terminated for cause, without notice, for the following reasons:
1) Deception,
by presenting false certificates of competency;
2) Violence,
threats or insults against the shipowner, officers, or fellow crewmembers
(unless there is provocation);
3) Disclosure
or publication of technical secrets or important administrative matters that
could hurt the shipowner;
4) Serious
dishonesty;
5) Commission
of crimes against the shipowner’s property, the ship, or anyone aboard the
ship, or the charterer;
6) Intentionally
causing damage to the engines, installations, equipment, structure, or
operation of the ship or the cargo;
7) Endangering
the security of the ship, the cargo or the people on board the ship;
8) Open
and repeated refusal to use safety equipment or to participate in drills;
9) Refusing
to obey orders, without justified cause and to the harm of the shipowner;
10) Possession
or use of illegal drugs, or for drunkenness;
11) Participation
in immoral or criminal conduct, including assisting a stowaway to board the
ship, allowing unauthorized people to board or leave, or for participating in
the drug or contraband trade;
12) Abandoning
work, leaving the ship without authorization, or refusing to work without
justified reason;
13) Failing
to meet the ship when it departs;
14) Failing
to assist the captain in case of an attack or disaster that could endanger the
ship or the cargo;
15) Inability
to perform your work or inefficiency in performing your duties. (Art. 50)
If you have an indefinite term
contract, the shipowner may terminate your employment without just cause as
long as you are given thirty days’ notice and are paid the indemnification
listed below plus earned wages, proportional leave pay and repatriation
expenses. (Art. 55)
1) If you
worked from one to five months, you are entitled to 20% of your monthly wages.
2) If you
worked from more than five months to eleven months, you are entitled to 30% of
your monthly wages.
3) If you
worked from more than eleven months to twenty-three months, you are entitled to
100% of your monthly wages.
4) If you
worked from more than twenty-three months to thirty-five months, you are
entitled to 300% of your monthly wages.
5) If you
worked from more than thirty-five months to sixty months, you are entitled to
400% of your monthly wages.
6) If you
worked more than sixty months, you are entitled to 600% of your monthly
wages. (Art. 56)
If your contract is for a definite
period of time and your employment is terminated early without just cause, you
are entitled to be paid the basic wages you would have earned during the
remainder of the contract. (Art. 57)
REPATRIATION
Repatriation
expenses include transportation, lodging, wages, and maintenance from the time
of your discharge to the time of your return to either the port where your
contract was signed or to the port where you joined the vessel. (Art. 38)
Before ending the employment
contract and regardless of its type, it is always the shipowner’s duty to
repatriate you, at your request, to either the port where the contract was
signed or to the port where you joined the vessel. (Art. 36)
The shipowner must pay for your
repatriation if your contract ends because of shipwreck or if you are dismissed
without justification. (Art. 37) The shipowner must also pay for your
repatriation if you are fired for cause.
(Art. 52)
The shipowner must pay for your
repatriation if your employment becomes suspended due to an illness or
injury. (Art. 37)
You must pay for your own
repatriation if you terminate your employment without the shipowner’s
approval. (Art. 37)
SHIPWRECK
In the case of a shipwreck, the
shipowner must pay the crew an indemnity for their loss of employment. This indemnity continues for up to three
months at the same wages as you earned while working aboard the ship. The shipowner may discontinue payment if you
begin working again, or after three months.
(Art. 49) The shipowner must
reimburse you in cash for personal items lost or damaged due to a
shipwreck. You must provide a written
declaration of the personal items you are bringing aboard and their value to
the master. (Art. 49)
UNION
ACTIVITY
It is illegal to discriminate
against you on account of union membership.
(Art. 26)
You are entitled to join in
collective bargaining. (Arts. 33, 75)
WHERE TO
GET HELP
Whenever there is a problem,
seafarers may contact either of the following to present any claim they may
have:
§
any union to which you belong, or
§
Directorate of Consular and Maritime Affairs
6 West 48th Street
10th Floor
New York, NY 10036
tel: (212) 869-6440
fax: (212) 575-2288/85
§
Direccion General Consular y de Naves
PO Box 5245
Panama 5
Republica de Panama
tel: (507) 270-0166
fax: (507) 270-0716
Finally, if you have a question about your rights, or any
problem, you may contact the:
Center for Seafarers’ Rights
Seamen’s Church Institute of
New York & New Jersey
241 Water Street
New York, NY 10038
Telephone #: (212) 349-9090
Fax #: (212) 349-8342
E-mail: csr@seamenschurch.org
Website: http://www.seamenschurch.org
