Labour law applicable to the maritime employment relationship

Labour law

Labour law applicable to the maritime employment relationship

According to article 8 of Regulation (EC) N° 593/2008 of the European Parliament and of the Council dated 17 June 2008 on the law applicable to contractual obligations :

 

« Article 8

Individual employment contracts

  1. An individual employment contract shall be governed by the law chosen by the parties in accordance with Article 3. Such a choice of law may not, however, have the result of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law that, in the absence of choice, would have been applicable pursuant to paragraphs 2, 3 and 4 of this Article.
  2. To the extent that the law applicable to the individual employment contract has not been chosen by the parties, the contract shall be governed by the law of the country in which or, failing that, from which the employee habitually carries out his work in performance of the contract. The country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country.
  3. Where the law applicable cannot be determined pursuant to paragraph 2, the contract shall be governed by the law of the country where the place of business through which the employee was engaged is situated.
  4. Where it appears from the circumstances as a whole that the contract is more closely connected with a country other than that indicated in paragraphs 2 or 3, the law of that other country shall apply.

 

This text opens up two options :

 

  • Or the parties have not agreed on the applicable law in the maritime employment contract: in this case, the applicable labour law is that of the country in which or from which the seafarer usually works. This is the law of the country of the vessel’s actual home port.

 

  • Either the parties have agreed on the applicable law in the context of the maritime employment contract: in this case, the applicable labour law is that of the country chosen by the parties. However, this choice cannot deprive the seafarer of the protection granted by the provisions that cannot be derogated from by agreement under the law of the country of the ship’s actual home port.