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Seafarers’ Wages Act 2023


Official Summary

A Bill to make provision in relation to the remuneration of seafarers who do not qualify for the national minimum wage

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Overview

The Seafarers' Wages Bill aims to ensure that seafarers working on ships providing services between the UK and other countries receive at least the equivalent of the UK national minimum wage for their work within UK waters. It does this by requiring operators to declare their seafarers' pay and imposing surcharges for non-compliance.

Description

This bill applies to services carrying goods or people by ship between the UK and other countries, excluding leisure services and fishing vessels. It focuses on "non-qualifying seafarers"—those who don't meet the UK national minimum wage criteria solely due to not working ordinarily in the UK.

Equivalence Declarations

Harbour authorities with significant ship traffic must request "equivalence declarations" from service operators, stating that seafarers will be paid at least the national minimum wage equivalent or that no non-qualifying seafarers will be employed. These declarations can be submitted before, during, or after a "relevant year" (12-month period).

Surcharges

Failure to provide a declaration on time or operating inconsistently with a declaration leads to surcharges imposed by the harbour authority. The amount is determined by a published tariff, and harbour access can be denied for non-payment. The Secretary of State can direct authorities to not impose or to modify surcharges.

Information and Inspections

The Secretary of State can request information from operators to verify compliance, and inspectors can board ships and premises to investigate. Obstruction of inspectors or providing false information is an offence.

Objections and Enforcement

Interested parties can object to surcharges or tariffs to the Secretary of State. The Secretary of State can then approve, revise, or revoke the surcharges, directing repayments if necessary. Harbour authorities are liable for fines if they fail to comply with the bill’s requirements.

Government Spending

The bill doesn't directly specify government spending increases. However, there will be costs associated with the administration and enforcement of the bill, including employing inspectors and processing objections.

Groups Affected

  • Seafarers: Potentially benefits non-qualifying seafarers by ensuring they receive a minimum wage equivalent for UK work.
  • Shipping companies/operators: Will be subject to declaration requirements and potential surcharges for non-compliance.
  • Harbour authorities: Will be responsible for requesting declarations, imposing surcharges, and potentially refusing harbour access.
  • Secretary of State: Will oversee the system, issue directions, and resolve objections.

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