The mate is the officer next in rank to the master, and in case of the master’s disability the mate becomes the master. By so doing he does not lose any of his rights as mate.
Chapter 3Mates and Seamen
Section § 860
The mate on a ship is second in command after the master. If the master is unable to perform their duties, the mate takes over as master without losing their original position or any rights associated with it.
ship officer hierarchy mate responsibilities master disability rank succession mate rights retention maritime hierarchy temporary master nautical chain of command succession of command merchant marine regulations
Section § 861
This section defines who qualifies as a seaman under the provisions of this code. Specifically, it states that anyone working on a ship or voyage, except for the master and mate, is considered a seaman.
All persons employed in the navigation of a vessel, or upon a voyage, other than the master and mate, are seamen within the provisions of this code.
seamen definition vessel navigation ship crew voyage employees maritime workers seafaring personnel master exclusion mate exclusion marine crew identification maritime employment ship employment roles crew classification nautical workers exclusion of master exclusion of mate
Section § 862
The captain of a ship can hire and fire crew members, like the first mate and sailors. However, they can only be fired during a trip if they seriously and repeatedly disobey orders or aren't fit for the job. For any other reasons, they have to wait until the trip ends before they can be let go.
The mate and seamen of a vessel are engaged by the master, and may be discharged by him at any period of the voyage for wilful and persistent disobedience or gross disqualification, but they can not be discharged for other reasons before the termination of the voyage.
ship captain authority crew termination voyage completion sailor disobedience crew hiring seamen discharge gross disqualification termination reasons maritime employment voyage period vessel crew rules
Section § 863
In simple terms, a mate or seaman has the right to refuse to work on a ship if they believe it is not safe to sail. They can demand a proper inspection of the ship before agreeing to continue with the voyage.
A mate or seaman is not bound to go to sea in a vessel that is not seaworthy. If there is reasonable doubt of its seaworthiness he may refuse to proceed until a proper survey has been had.
mate seaman refusal to sail unseaworthy vessel safety concerns ship inspection marine safety voyage refusal ship survey crew rights seaworthiness doubts ship safety standards pre-voyage inspection crew safety obligations duty to ensure seaworthiness
Section § 864
This law ensures that a seaman cannot give up their rights to be paid wages or any rights connected to salvaging, even if there's an agreement that says otherwise. Any agreement trying to make a seaman waive these rights, like if a ship is lost, is not valid.
A seaman can not by agreement be deprived of his lien upon the vessel, or of any remedy for the recovery of his wages to which he would otherwise have been entitled. Any agreement, by which he consents to abandon his right to wages in case of the loss of the vessel, or to abandon any right he may have or may obtain in the nature of salvage is void.
seaman rights wage recovery lien upon vessel agreement void seaman wages loss of vessel salvage rights abandon rights invalid agreement maritime law seaman protections ship loss wage lien recovery of wages void agreements
Section § 865
This law states that a seaman cannot alter their legal rights or increase their obligations through a special agreement unless they fully understand what the agreement means and receive fair compensation for doing so.
A seaman can not, by special agreement, impair any of his rights, or add to any of his obligations, as defined by law, unless he fully understands the effect of the agreement and receives for it a fair compensation.
seaman rights special agreement impair rights add obligations legal rights fair compensation understanding agreement seafarer protection contractual terms marine employment employee agreement seafaring contract rights modification agreement effects compensation requirement
Section § 866
The money sailors earn is typically paid when the ship's cargo fees are collected. If the cargo fees are not collected due to the fault of the ship's owner or captain, then the sailors' wages might still be due.
Except as otherwise provided by law, the wages of seamen are due when, and so far only as, freightage is earned, unless the loss of freightage is due to the fault of the owner or master.
seamen wages freightage earned cargo fees sailors pay ship owner's fault captain's fault loss of freightage wage payment ship crew compensation cargo earnings maritime labor law seafarer salary maritime earnings ship cargo fees shipping wages
Section § 867
This law describes when a mate or seaman is entitled to start earning wages and receiving provisions. The entitlement begins at the earliest of three times: when the person starts work, the date stated in their work agreement, or when they are present on the ship.
The right of a mate or seaman to wages and provisions begins either from the time he begins work, or from the time specified in the agreement for his beginning work, or from his presence on board, whichever first happens.
seaman wages mate wages entitlement to wages work agreement start of work provisions for seamen seafarer's benefits ship crew rights marine employment terms naval labor laws rights of mates shipboard presence employment commencement maritime wage law crew provisions
Section § 868
If a ship's journey is canceled before it starts, the crew members must be paid for the time they've already worked. They can also keep any advance payments they received as a kind of compensation.
If a voyage is broken up before departure of the vessel, the seamen shall be paid for the time they have served, and they may retain for their indemnity any advances they may have received.
voyage cancellation crew compensation seamen payment broken voyage advance payment retention crew indemnity voyage before departure seamen's rights maritime employment naval crew rights voyage contract crew wages sailor compensation pre-departure cancellation seafarer indemnity
Section § 869
If a mate or seaman is fired without a good reason or is forced to leave the ship due to the master's cruelty during the journey, his employment is considered finished. In that case, he has the right to claim all the wages he would have earned.
When a mate or seaman is wrongfully discharged, or is driven to leave the vessel by the cruelty of the master on the voyage, it is then ended with respect to him, and he may recover his full wages.
mate wrongful discharge seaman forced to leave master's cruelty voyage employment full wage recovery employment termination seafaring employment rights unlawful firing at sea sailor's wages maritime worker protection
Section § 870
If a ship gets wrecked or lost, a sailor can still be paid for their work up until the disaster, regardless of whether the ship has made any profit. However, this is only if the sailor did everything they could to try and save the ship, its cargo, and supplies.
If a vessel is wrecked or lost, a seaman is entitled to his wages up to the time of the loss or wreck, whether freightage has been earned or not, if he exerts himself to the utmost to save the vessel, cargo, and stores.
seaman wages vessel wreck ship lost freightage earning wages saving vessel cargo preservation store safety maritime worker rights seaman entitlement ship disaster maritime payment ship safety efforts wage entitlement
Section § 871
This law states that if a certificate is issued by the master or chief surviving officer of a ship, claiming that a seaman did their best to save the ship, its cargo, and supplies, this certificate can be used as evidence to support that claim.
A certificate from the master or chief surviving officer of a vessel, to the effect that a seaman exerted himself to the utmost to save the vessel, cargo, and stores, is presumptive evidence of the fact.
certificate of commendation evidence of effort seaman's duty ship preservation maritime rescue vessel survival cargo protection master officer certificate chief surviving officer presumptive evidence sea vessel maritime proof maritime law ship crew saving stores
Section § 872
This law says that if a ship's officer or crew member gets sick or hurt through no fault of their own while doing their job, is wrongfully fired, or if the ship is captured, they still deserve to be paid. If the ship is captured, there might be a partial deduction from their pay for what's called 'salvage' costs.
When a mate or seaman is prevented from rendering service by illness or injury, incurred without his fault in the discharge of his duty on the voyage, or by being wrongfully discharged, or by a capture of the vessel, he is entitled to wages notwithstanding. In case of a capture, a ratable deduction for salvage shall be made.
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Section § 873
If a mate or seaman gets sick or disabled during a voyage through no fault of their own, the ship is responsible for covering the costs of their medical care, medicine, and any other necessities until the voyage ends.
If a mate or seaman becomes sick or disabled during the voyage, without his fault, the expense of furnishing him with suitable medical advice, medicine, attendance, and other provision for his wants, shall be borne by the vessel till the close of the voyage.
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Section § 874
If a sailor or mate passes away while on a voyage, their family or legal representatives can claim the wages they earned up to the time of their death. This is only if they would have been eligible to receive those wages had they completed the voyage.
If a mate or seaman dies during the voyage, his personal representatives are entitled to his wages to the time of his death, if he would have been entitled to them had he lived to the end of the voyage.
sailor wages death during voyage mate compensation seaman payment personal representatives sailor's estate maritime wages deceased sailor voyage wages nautical journey crew member death wages entitlement maritime earnings sea voyage payroll crew wages claim
Section § 875
If a seaman abandons their ship without a good reason or is fired for bad behavior, stealing cargo, or purposely damaging the ship, they lose any pay owed to them for that trip.
A mate or seaman who deserts his vessel without cause, or who is justifiably discharged by the master during the voyage for misconduct, or for a theft of any part of the cargo or appurtenances of the vessel, or for a wilful injury thereto or to the vessel, forfeits all wages due for the voyage.
seaman desertion ship abandonment forfeiture of wages misconduct at sea cargo theft vessel damage maritime employment crew dismissal seafarer wages voyage misconduct shipmaster authority crew behavior consequences vessel appurtenances maritime crew law sea voyage discipline
Section § 876
If you are a mate or seaman on a ship, you can't transport your personal goods using the ship without getting permission from the captain.
A mate or seaman may not, under any pretext, ship goods on his own account without permission from the master.
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