Fundamental rights
Below, you can read about some of the fundamental rights of seafarers when on board a ship.
Young seafarers aged between 16 and 18
You must have turned 16 to go to sea. To protect seafarers aged between 16 and 18 years, special rules apply to this group of seafarers, including with respect to hours of rest, night work and medical examinations.
Employment contract (Articles of agreement)
You must be given a copy of the signed employment contract. The contract is your proof of what has been agreed with your employer.
Complaints procedures
You must be given a copy of the complaints procedure applying on board the ship. The complaints procedure must include contact details of the Danish Maritime Authority and of one or more persons on board who can provide confidential and impartial advice about your complaint and otherwise help you with the complaints procedures applicable to the ship.
Safety and health
You are entitled to protection and the necessary protective equipment against accidents and health hazards during work.
Food and drink
You are entitled to good and adequate food. The food must consist of three main meals and one or more snack meals in sufficient quantities to satisfy the needs of all persons on board.
The food must be composed in such a way that the necessary content of proteins, fat and carbohydrates as well as of vitamins, minerals and salts is provided. The food must be as diversified as possible and be presented in an appetising way. Also, the composition of the food must be adjusted in accordance with the religious beliefs and cultural backgrounds of the seafarers.
The food must be provided free of charge, but it may be agreed that the right to free food can be met through the payment of compensatory board wages. Compensatory board wages may be paid out together with the wages.
In addition, drinking water of good quality must be available in adequate quantities.
Spare time
You are entitled to go ashore in your spare time when the ship is in port or at a safe anchoring place, unless your presence is required on board, for example for safety reasons or due to the ship’s impending departure. You should also check whether the country of call will permit your entry. If you hold a discharge book and are in a country that has ratified ILO Convention no. 108 or 185 on Seafarers’ Identity Documents, you can use your discharge book to obtain shore leave.
Insurance
The shipowner must take out insurance or provide similar financial security covering abandoned seafarers. It must provide sufficient funds to cover the seafarer’s repatriation costs and maintenance as well as any outstanding wages and other remuneration. Wage claims will only be covered to the extent that they are not covered by the Danish Employees’ Guarantee Fund (Lønmodtagernes Garantifond (LG)).
Various benefits are not covered by the insurance, including health insurance benefits that are reimbursable to seafarers in the context of the national health insurance in Denmark.
You can report your claim directly to the insurance company. The contact details of the insurance company appear from the ship’s MLC certificate.
Hours of rest
You are entitled to regular rest periods that are long enough to ensure your health and safety.
Seafarers under 18 years of age:
If you are under 18, the total rest period must be at least 12 hours in every working day. The rest period for seafarers under 18 years of age should generally be taken in the period between 8 pm and 6 am. If you are on watch, the rest period may be divided into no more than two periods, one of which must be at least 8 hours in length in the period between 8 pm and 6 am. In any 7-day period, seafarers under 18 years of age are entitled to two consecutive days off duty; however, these may be postponed against replacement time off later on. The total hours of rest in any week must be at least 84 hours.
Seafarers over 18 years of age:
If you are over 18, you are entitled to at least 10 hours of rest in every working day. The hours of rest may be divided into no more than two periods, one of which must be at least 6 hours in length. The interval between the rest periods must be no more than 14 hours. The total hours of rest in any week must be at least 77 hours.
Deviations by agreement:
The provisions on hours of rest may be deviated from through collective agreements for watchkeeping seafarers or seafarers whose work includes tasks related to safety and prevention of pollution, or for seafarers working on board ships engaged on short voyages, taking into consideration more frequent or longer periods of time off.
Sundays and public holidays:
On Sundays and public holidays, the shipowner may not order you to perform work that can be postponed. If possible, you must be given the opportunity to hold a religious service on board without interruption.
The master may demand that you work when required, for example for reasons of ship safety. If you perform such work during a scheduled rest period, you are entitled to a compensatory rest period as soon as possible.
Working day:
A working day is a 24-hour period calculated from the first time an employee starts working in a calendar day. A week is a consecutive seven-day period. The Danish Maritime Authority may permit the daily and weekly hours of rest to be calculated within the 24-hour period (midnight to midnight / 00:00 to 24:00).
You can read more about hours of rest here.
The provisions on hours of rest are available here.
Personal effects
You are entitled to bring items for personal use to a reasonable extent.
If you leave any personal effects on board on termination of service, they must be stored on board for up to one year at your own expense. After that period, the shipowner may sell the items. If the storage is unreasonable due to the nature of the items, costs or other circumstances, they may be sold in an appropriate manner.
If your personal effects are lost or damaged in connection with shipwreck, piracy, fire or other damage, the shipowner must pay adequate compensation.
Complaints
As a seafarer, you are entitled to complain to your shipowner if you are dissatisfied with your working and living conditions. This includes issues related to payment of your wages, ship service, conditions of employment, accommodation spaces, recreational facilities, health protection as well as the food on board.
A complaint must be made to your superior. If he or she cannot solve the problem, you can take your complaint to the master. Alternatively, you can go directly to the master.
If you file a complaint, you are entitled to be accompanied or represented during the complaints procedure. You must be given a copy of the complaint and the decision made as a result of the complaint.
If possible, a complaint should always be dealt with and attempted to be resolved on board the ship. This is a fast and efficient approach, which is especially important when the ship is at sea. This is of benefit to both yourself and your employer.
If it is not possible to resolve the complaint on board the ship, you may pass it on to the Danish Maritime Authority. You can file a complaint through our website under “Conditions of employment (MLC)”. The identity of the person filing the complaint as well as the contents of the complaint will be kept confidential. The Danish Maritime Authority will not disclose your name or any other personal details to your employer or anybody else. This also applies if an inspection is made of the ship due to a complaint.
You must be given a copy of the complaints procedures applying on board the ship as an addendum to your employment contract.
The Danish Maritime Authority’s complaint form is available here
Payment of wages
As a seafarer, you can demand to receive wages once a week when the ship is in port. You can demand that wages be paid out in the local currency at the current exchange rate. However, wages must be paid at regular intervals not exceeding one month.
Your employer must give you a monthly statement of wages earned including supplements, wages paid and the exchange rate applied if wages were paid out in a foreign currency. The statement must also specify the amount of taxes, welfare charges, etc.
If a fixed monthly amount is to be paid to a specific person or deposited with a bank, the shipowner must arrange for the transfer of the amount.
Social security in case of sickness, pension, maternity/paternity leave, etc.
Sickness during service
If you are taken ill, you are entitled to free care on board or ashore. The right to free care includes medical assistance, hospital treatment and dental treatment corresponding to the assistance and treatment eligible for state subsidy under the general rules applying in Denmark. The subsidy for dental treatment is 50%.
If you want to see a doctor, your wish must normally be granted. In addition, you must be examined by a doctor, if the master demands it.
If you are left abroad, while you are ill, you must be put in the care of the closest Danish embassy or a similar Danish diplomatic mission, which will be in charge of your care until repatriation is possible.
If you are taken ill during service, you may be dismissed if your sickness prevents you from carrying out your job for an extended period of time. The definition of “an extended period of time” is determined in each individual case. Normally, the master can base the decision on a medical certificate.
If you are dismissed due to sickness, you are entitled to free repatriation. If you are not resident in Denmark, you are entitled to a free journey to the place of engagement.
Free repatriation includes:
- Transportation from the location you were at when you were dismissed to the repatriation destination.
- Board and lodging during the journey, during your stay at the place of departure, while you are waiting for the journey to be arranged and until your arrival at the repatriation destination.
- Transportation of up to 30 kg of personal effects, but not of other items acquired during the journey.
If you are in service when you are taken ill, you are entitled to sick pay for a maximum period of 16 weeks or until the termination of service if you are still unfit for service. If you are dismissed due to sickness, you are also entitled to sick pay from your employer while you are unfit for service, but for no longer than 16 weeks.
Sick pay includes the basic pay, seniority allowance, pension contribution and any education contribution. It does not include allowances paid for special service or for particularly hard and burdensome work or the like.
You are not entitled to pay and have to pay the expenses for your return journey yourself if you have deliberately failed to disclose an illness or in case of self-inflicted illness.
Sickness benefits
As a seafarer, you may be covered by the special provisions on sickness benefits for seafarers. You are not entitled to receive sick pay and sickness benefits at the same time. Sickness benefits for seafarers are paid out either by the Danish Maritime Authority or by your employer.
You may be covered by the rules on sickness benefits for seafarers if:
- you are working on board a Danish ship not exclusively engaged on domestic voyages,
- you are staying abroad and have, during the last two weeks, served on board a Danish merchant ship, provided that you have not taken another job after the service ended, or
- you are employed by a shipowner and staying abroad in the course of your employment.
If you are working on board ships exclusively engaged in domestic voyages or if you take your holiday/days off ashore in Denmark after termination of your service, you are covered by the general provisions on sickness benefits – even though you are still employed by the shipowner.
Sickness benefits will be granted in case of full incapacity for work due to own sickness or injury.
If your employer is not paying sick pay, the sickness benefits will be paid by your employer. To be eligible to receive sickness benefits from your employer, you must have been employed with the employer in question for eight consecutive weeks before the absence and have worked for at least 74 hours during that period.
If your employer pays neither sick pay nor sickness benefits to you, the Danish Maritime Authority will pay your sickness benefits after the first 30 days and for up to a total of 18 weeks counting from the first full sick day. You are only entitled to receive sickness benefits from the Danish Maritime Authority if you have been employed for 26 weeks immediately before the sickness commenced and you have worked for at least 240 hours, unless your sickness is due to an industrial injury.
If you have suffered an industrial injury and remain unfit for work 18 weeks after the injury, the sickness benefit period can be extended until the Labour Market Insurance has made a decision as to any loss of earning capacity. In case of industrial injuries, the requirement of 26 weeks prior employment and at least 240 working hours does not apply.
If you are resident in Denmark, the responsibility for paying your sickness benefits is transferred to your municipality of residence after 18 weeks at the latest. If you are resident in another EU/EEA country, the payment of sickness benefits will be referred to the municipality where your employer is domiciled. If you are resident outside the EU/EEA, your entitlement to sickness benefits ceases after 18 weeks, except in case of an industrial injury. If you have suffered an industrial injury and are living outside the EU/EEA, the Danish Maritime Authority will continue to pay your sickness benefits after the period of 18 weeks until the Labour Market Insurance has made a decision as to any loss of earning capacity.
Sickness after termination of service
If you are resident in Denmark and are taken ill in Denmark after termination of service, you are covered by the national health insurance. This is also the case if you are working on board a ship exclusively engaged on domestic voyages.
If you are staying abroad after termination of service, you are entitled to public health insurance benefits if, during the last two weeks, you have served on board a Danish ship, provided that you have not taken another job after the service ended.
If your spouse and children under 18 years of age are staying with you on board the ship, they will usually have the same rights as you.
Public health insurance benefits include medical assistance, hospital treatment, medicine and dental treatment corresponding to the assistance and treatment eligible for state subsidy under the general rules applying in Denmark. The subsidy for dental treatment is 50%.
You are entitled to public health insurance benefits for up to 18 weeks as from the first full sick day or the day when the treatment (for example dental treatment) commenced.
You can read more about social security schemes for seafarers here.
Labour Market Supplementary Pension (ATP)
To be entitled to pension from ATP Livslang Pension, you must have paid contributions to the pension scheme. The employer is responsible for making the contributions. You are responsible for checking that the contributions are correct. You can see the contributions on your yearly statement from the Danish tax authorities, SKAT, and via the link below.
ATP Livslang Pension can be paid out when you reach the Danish retirement age. If you are a member and are living abroad, you have to apply to receive your pension. However, about three months before you reach your retirement age, ATP will inform you of the pension accrued, if your address is registered with the Danish population register (Folkeregisteret) or with ATP.
Generally, ATP Livslang Pension is paid out as a monthly pension for the rest of your life. However, the pension may be paid out as a lump sum if the pension amounts to DKK 2,500 or less per year. The pension will be paid into your NemKonto, which is a personal account to which public benefits from the Danish authorities are transferred. If you do not have a Nemkonto, you can assign another account to which the pension should be transferred. You have to pay any additional cost of the transfer to a bank account abroad.
In the event of a member’s death, dependants – surviving spouses or cohabitants and any children under the age of 21 – may be entitled to a lump sum if certain conditions are met.
Further information about payment of ATP Livslang Pension is available here.
Pregnant seafarers and maternity leave
If you are pregnant, you can demand to terminate your service on board by presenting a medical certificate confirming that you are pregnant and that it would not be safe for you to continue in your position on board. The same applies if, for your own sake or for the sake of the approaching birth or the child, it is regarded as necessary for you to cease working.
If you cannot regularly receive the necessary medical attention in case of continued work on board, you can demand to terminate service after the expiry of the fourth month of pregnancy. You can always demand to terminate your service on board the ship after the expiry of the sixth month of pregnancy.
If you find out that you are pregnant during your service on board, the master must give you an opportunity to see a doctor for the necessary pre-natal check-up in the first port where this is possible. You are entitled to receive maternity benefits from your employer if you are absent due to preventive pregnancy examinations.
Your employer or the master is not entitled to discharge or dismiss you because you are pregnant. However, the master must relieve you of your duties and arrange for your discharge when you become unable to perform your work due to pregnancy.
You are entitled to receive wages from your employer if you are pregnant on termination of service, however for no more than two months. If your contract of service is limited in time, the shipowner’s duty to pay wages cannot extend beyond the date when your employment ends according to the contract.
If you are resident in Denmark but are staying abroad, maternity benefits will be paid by Udbetaling Danmark in accordance with the Danish Act on Entitlement to Leave and Benefits in the Event of Childbirth (barselsloven). This also applies if you are working on board ships exclusively engaged on domestic voyages.
If you are staying abroad, you are entitled to receive maternity benefits from the Danish Maritime Authority from 4 weeks before the expected delivery and for 10 weeks after delivery. You are then entitled to receive maternity benefits for an additional 9 weeks after the expiry of the first 10 weeks. The 9 weeks of additional leave must be carried out before the end of 28 weeks after the child's birth.
To be eligible to receive maternity benefits you must have been affiliated with the Danish labour market during the last 13 weeks before the start of the absence due to pregnancy and you must have been employed for at least 120 hours during that period.
If your service is terminated due to pregnancy, you are entitled to free repatriation to your home in Denmark.
You can read more about pregnancy and maternity/paternity leave here.
Father/co-mother and paternity leave
If you are the father or co-mother of a child, you are entitled to maternity/paternity benefits for 2 weeks, within the first 10 weeks after birth.
Furthermore you are entitled to maternity/paternity benefits, for 9 weeks after the expiry of the first 10 weeks. The 9 weeks must be carried out before the end of 28 weeks after the child's birth.
To be eligible to receive paternity benefits you must have been affiliated with the Danish labour market during the last 13 weeks before the start of the absence due to pregnancy and you must have been employed for at least 120 hours during that period.
If your child is hospitalized, the period during which there is a right to maternity benefits can be extended or postponed.
You can read more about pregnancy and maternity/paternity leave here.