S.L. 234.51 Art. 21Form, period and conditions of employment agreements.

(1) A seafarer’s employment agreement shall be dated at the time of the first signature thereof, and shall be signed by the shipowner before a seafarer signs his name.

(2) The seafarer’s employment agreement shall show the date and place at which it is made, the surname and other names of the seafarer, his birthplace, and his age or the date of his birth, and shall contain as terms thereof the following particulars:

(a) the name of the ship on board which the seafarer undertakes to serve;

(b) the owner’s name and address;

(c) if possible, the place and date at which each seafarer is to be on board or to begin work;

(d) the capacity in which each seafarer is to serve;

(e) the amount of wages the seafarer is to receive;

(f) the amount of paid annual leave or formula used for its calculation;

(g) the health and social security protection benefits to be provided to the seafarer by the owner;

(h) the seafarer’s entitlement to repatriation;

(i) reference to the collective bargaining agreement, when applicable;

(j) either the nature and, as far as is practicable, the duration of the intended voyage or engagement, or the maximum period of the voyage or engagement, and the places or parts of the world, if any, to which the voyage or engagement is not to extend;

(k) any rules as to the provisions to be provided for seafarers employed on Maltese ships;

(l) the termination of the agreement and the conditions thereof, including:

(i) if the agreement has been made for an indefinite period, the conditions entitling either party to terminate it, as well as the required notice period, which shall not be less for the shipowner than for the seafarer;

(ii) if the agreement has been made for a definite period, the date fixed for its expiry; and

(iii) if the agreement has been made for a voyage, the port of destination and the time which has to expire after arrival before the seafarer should be discharged.

(3) Any termination to the seafarer’s employment agreement shall in no circumstances be shorter than seven days if notice of such termination is from the shipowner. Notice of termination from the seafarer may be less than seven days or without notice, if for compassionate or urgent reasons, as the Registrar-General may approve through Merchant Shipping Notices from time to time.

(4) Saving any other provision of these rules, a seafarer’s employment agreement shall be terminated by -

(a) the mutual consent of the parties thereto; or

(b) the death of the seafarer; or

(c) the loss or total unseaworthiness of the ship; or

(d) the sale of the ship; or

(e) the expiration of time.