Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter IV : Engagement, Discharge, Repatriation, Payment, Discipline and General Treatment of Seafarers and Cadets106. Special provisions as to agreements with crew of coasting ships, and fishing, sealing or shore-based whaling boats |
The following provisions shall have effect in respect of agreements with the crew of a coasting ship or a fishing, sealing or shore-based whaling boat registered in the Republic:
| (a) | agreements may be made either for service in a particular ship or for service in two or more ships belonging to the same owner; |
| (b) | crews or single seafarers shall be engaged in the same manner as they are required to be engaged for foreign-going ships and the provisions of section 103 with regard to substitutes shall apply. |
[Section 106(b) substituted by section 29(k) of Act No. 12 of 2015]
| (c) | an agreement for service in two or more ships belonging to the same owner may be made by the owner of the ship instead of by the master, and the relative provisions of this Act shall apply mutatis mutandis to such an agreement; |
| (d) | an agreement shall not be for a longer period than two years, but if the period for which the agreement was entered into expires while the ship is not in a port in the Republic, the agreement shall continue in force until the ship is again in a port in the Republic: Provided that the agreement shall not continue for more than three months after the expiration of the period for which it was entered into unless the seafarers concerned agree thereto in writing. |
[Section 106(d) substituted by section 29(k) of Act No. 12 of 2015]