Crew Services

The manning and crew services on offer at Gonzi & Associates, Advocates range from endorsements of crew certification with the Merchant Shipping Directorate to drafting, reviewing and vetting of seafarer’s employment agreements. We aim to ensure that all documentation held on board is up to date in order to avoid foreseeable and unnecessary delays through inspections or port state controls.

Malta has acceded to the International Convention on Standards of Training, Certification and Watchkeeping (STCW), 1978, as amended. Maltese ships are subject to the provisions of the Merchant Shipping Act, Chapter 234 of the Laws of Malta, and ancillary regulations concerning the competency of officers and seamen. There are no restrictions imposed on the nationality of the master, officers and crew engaged on Maltese ships. Malta has also ratified the Maritime Labour Convention which was transposed into national law through the Merchant Shipping (Maritime Labour Convention) Rules. Crew members are subject to the provisions of these Regulations.

Certificates of competence are issued only after successful completion of approved courses of training and, examinations held in Malta. Maltese authorities have entered into a number of bilateral agreements with foreign maritime administrations for the recognition of certificates of competence issued to seafarers in the latter countries and the ascertainment that such certificates are in full compliance with the STCW Convention.

A valid Minimum Safe Manning Certificate must be carried by all Maltese merchant ships of 500 gross tonnage and over. On the entry of a ship in the Malta register, the Merchant Shipping Directorate will issue a Minimum Safe Manning Certificate valid for 5 years from the date of provisional registration. Thereafter, prior to the expiry of the certificate or upon any change in the equipment, construction, management or trading of the ship, the Directorate will issue a new certificate, again valid for the remaining 5 years, to coincide with the date of the renewal of the certificate of registry.

The owner of a Maltese ship must enter into a seafarer’s employment agreement with every seafarer which stipulates the terms and conditions of his employment. Importantly, the agreement must first be signed by the shipowner, following which it will be signed by the seafarer.

A seafarer’s employment agreement must, amongst other minimum conditions, contain the following:

1. the personal details pertaining to the seafarer;
2. the shipowner’s name;
3. the place and date at which each seafarer is to be on board or to begin work;
4. the capacity in which each seafarer is to serve;
5. the amount of wages the seafarer is to receive;
6. the amount of paid annual leave or formula used for its calculation;
7. the health & social security protection benefits to be provided to the seafarer by the owner; and
8. the nature and duration of the intended voyage or engagement.

Please note that the above is not an exhaustive list of the minimum conditions which must be included in terms of law.