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[Cites 0, Cited by 0] [Section 12] [Entire Act]

Union of India - Subsection

Section 12(2) in The Merchant Shipping (Maritime Labour) Rules, 2016

(2)The ship owner shall ensure that seafarer on their ships are repatriated in the following circumstances without any cost to the seafarers, namely.-
(a)if the seafarers' employment agreement expires ;
(b)when the seafarers' employment agreement is terminated
i. by the ship owner; orii. by the seafarer;for justified reasons, as per collective bargaining agreement/seafarer employment agreement; and also
(c)when the seafarers are no longer able to carry out their duties under their employment agreement or cannot be expected to carry them out in the specific circumstances, as per collective bargaining agreement/seafarer employment agreement;
(d)on compassionate grounds as per collective bargaining agreement/seafarer employment agreement;
(e)in the event of their abandonment.
Explanation. - For the purposes of this clause, a seafarer shall be deemed to have been abandoned where, in violation of the requirements of the Act or these rules or the terms of the seafarers' employment agreement, the ship owner.-
(a)fails to cover the cost of the seafarer's repatriation; or
(b)has left the seafarer without the necessary maintenance and support (including adequate food, accommodation, drinking water supplies, essential fuel for survival on board the ship and necessary medical care); or
(c)has otherwise unilaterally severed their ties with the seafarer including failure to pay contractual wages for a period of at least two months.