Question 62 OSV01 - Master/Chief Mate - Offshore Supply Vessels

A vessel arrives in a foreign port and the Master is informed that the vessel is being sold to foreign interests. The new owners request that the crew remain on board to complete the voyage. Under these circumstances, which action can the crew take?

A The crew has the right to an immediate discharge and transportation to original port of engagement
B The crew must remain on board and await orders
C The crew must comply with the decision made by the Master
D The crew must remain aboard until the vessel is delivered to the new owners at a mutually agreed upon port
AI Explanation

The Correct Answer is A **Explanation for Option A (Correct Answer):** Option A is correct because the sale of a vessel to foreign interests (a change of flag or ownership that affects the terms of employment) is generally considered grounds for the termination of the seafarer's contract. According to international maritime law and standard employment agreements (often codified by the Maritime Labour Convention, 2006, or MLC, 2006, and national laws), when the employment relationship is fundamentally altered by the sale or transfer of the vessel, especially when the ship is sold to owners who might operate under a different flag or employment structure, the seafarers are entitled to be discharged. This discharge must include repatriation (transportation) to the port of engagement or a mutually agreed-upon alternative, at the employer's expense. The crew is not obligated to accept the terms of the new owners, even if requested to complete the voyage. **Explanation of Incorrect Options:** * **B) The crew must remain on board and await orders:** This is incorrect. Once the vessel is sold to new interests, the original contract is effectively terminated (or breached by the employer). The crew is not obligated to remain aboard under potentially uncertain or new employment conditions while awaiting orders from an employer with whom they have no existing contract. * **C) The crew must comply with the decision made by the Master:** This is incorrect. While the Master is the authority on the vessel, the Master's authority concerning employment termination is governed by the seafarer's contract and applicable law. If the vessel's sale triggers the crew's right to discharge and repatriation, the Master cannot compel them to continue service under the new ownership. * **D) The crew must remain aboard until the vessel is delivered to the new owners at a mutually agreed upon port:** This is incorrect. The crew's service obligation ends upon their legal discharge. They are not required to act as transitional crew or participate in the delivery process unless they voluntarily enter into a new agreement or extension, which is not mandatory. Their right to discharge and repatriation is immediate upon the change of ownership being confirmed.

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