Strait of Hormuz status puts seafarer repatriation obligations on shipowners
THE recent designation of the Strait of Hormuz and surrounding waters as a Warlike Operations Area will impose new operational and legal risks on shipowners, operators and charterers sending tonnage into the area, a lawyer has warned.
They must also meet an obligation to repatriate seafarers who do not wish to serve in the region, which is in the throes of heavy fighting between the US and Israel on the one hand and Iran on the other.
WOA status is determined through a subcommittee of the International Bargaining Forum, a body which brings together the International Transport Workers’ Federation representing crews and the Joint Negotiating Group of maritime employers.
For vessels that have signed up either to IBF terms or ITF collective bargaining agreements, the designation entitles seafarers to refuse to sail without losing their job, or alternatively to secure a 100% bonus on daily rates for the full length of the war zone transit time. Compensation for disability or death is also doubled.
Separately, the Maritime Labour Convention requires shipowners to meet the cost of repatriation where a vessel is bound for a war zone and a seafarer does not consent.
This provision also applies where a seafarer’s contract expires during a voyage, including in the circumstances where a voyage has been extended or rerouted due to security considerations.
David Ashmore, employment lawyer at law firm Reed Smith, said: “Shipowners need to ensure that crewing arrangements, employment contracts and voyage planning properly reflect requirements so that vessels can continue operating while meeting their contractual and regulatory obligations.
“Operators should plan carefully for extended voyages, crew changes and welfare arrangements, particularly where airspace restrictions or port limitations may complicate crew logistics, ensuring both compliance and the continued safe operation of the vessel.”
Ultimately, shipowners and charterers cannot view the situation purely from the security angle, as it brings with it important employment law and contractual implications that must be considered as part of operational risk management.
Ensuring alignment with MLC stipulations and applicable collective bargaining agreements is a key part of managing both legal risk and operational continuity, Ashmore added.
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