The ongoing Iran–Israel conflict and the volatile situation in the Red Sea and Strait of Hormuz have intensified scrutiny of maritime risk zones. While the industry addresses insurance implications and routing strategies, a less discussed but critical concern lies in employment law and crew welfare.
David Ashmore, a London-based partner in the Labor & Employment and Shipping Groups at global law firm Reed Smith, spoke to Marine Log about how shipowners and charterers will want to take steps now to ensure crew welfare remains at the forefront of operational decisions.
Marine Log (ML): Are employment contracts compliant with ITF guidelines regarding a seafarer’s right to refuse to transit through conflict zones such as the Strait of Hormuz or Israeli ports?
David Ashmore (DA): Employment contracts should reflect the International Transport Workers’ Federation (ITF) position that seafarers have the right to refuse to enter the Strait of Hormuz and Israeli ports. The ITF has called for these areas to be designated as Warlike Operations Areas (WOAs), which would entitle seafarers to refuse to enter these zones or be repatriated without penalty. The Federation aims to ensure that seafarers “are informed of the risks, supported with appropriate protections, and have the right to protect themselves.”
ML: What legal obligations arise if a crew member invokes their right to be repatriated rather than enter a Warlike Operations Area (WOA)?
DA: If a seafarer invokes their right...
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