Marine Orders - Part 53: Employment of Crews, Issue 1 (Order No. 2 of 1993)
Article 4Article 4
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Article 4
1. It shall be the responsibility of the shipowner to arrange for repatriation by appropriate and expeditious means. The normal mode of transport shall be by air.
2. The cost of repatriation shall be borne by the shipowner.
3. Where repatriation has taken place as a result of a seafarer being found, in accordance with national laws or regulations or collective agreements, to be in serious default of his or her employment obligations, nothing in this Convention shall prejudice the right of recovery from the seafarer of repatriation costs or part thereof in accordance with national laws or regulations or collective agreements.
4. The cost to be borne by the shipowner shall include:
(a) passage to the destination selected for repatriation in accordance with Article 3 above;
(b) accommodation and food from the moment the seafarer leaves the ship until he or she reaches the repatriation destination;
(c) pay and allowances from the moment he or she leaves the ship until he or she reaches the repatriation destination, if provided for by national laws or regulations or collective agreements;
(d) transportation of 30kg of the seafarer's personal luggage to the repatriation destination;
(e) medical treatment when necessary until the seafarer is medically fit to travel to the repatriation destination.
5. The shipowner shall not require the seafarer to make an advance payment towards the cost of repatriation at the beginning of his or her employment, nor shall the shipowner recover the cost of repatriation from the seafarer's wages or other entitlements except as provided for in paragraph 3 above.
6. National laws or regulations shall not prejudice any right of the shipowner to recover the cost of repatriation of seafarers not employed by the shipowner from their employer.