Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter IV : Engagement, Discharge, Repatriation, Payment, Discipline and General Treatment of Seafarers and Cadets140. Wages on termination of services by illness or injury of seafarer or wreck or loss of ship |
| (1) | If the service of a seafarer of a South African ship is terminated, before the date contemplated in the agreement, by reason of— |
[Section 140(1) substituted by section 29(i) of Act No. 12 of 2015]
[Section 140(1)(a) substituted by section 5(a) of Act No. 3 of 1981]
| (b) | his being left behind at a place other than a proper return port owing to his incapacity to perform his duty because of illness, hurt or injury, unless it be proved that his illness, hurt or injury was caused by his own wilful act or default or his own misbehaviour, or unless he has unreasonably refused to undergo medical or surgical treatment for such illness, hurt or injury involving no appreciable risk to his life, |
[Section 140(1)(b) substituted by section 21(a) of Act No. 30 of 1959]
he shall be entitled to receive wages at the rate provided in the agreement for the period from the date his services are so terminated until he is returned to and arrives at a proper return port: Provided that the period for which he shall be entitled to receive wages shall not exceed ninety days, nor be less than sixty days or the period from the date his services so terminated until the date contemplated in the agreement, whichever is the shorter period.
[Section 140(1) substituted by section 21(b) of Act No. 30 of 1959]
| (2) | Notwithstanding the proviso to subsection (1), a seafarer shall not be entitled to receive wages under that subsection in respect of any particular day if it be proved that he was able to obtain employment on that day in work which he was able to do and which was suitable, having regard to his rank or rating. |
[Section 140(2) substituted by section 29(i) of Act No. 12 of 2015]
| (3) | If by reason of the wreck, loss, abandonment, flooding, stranding, fire on board or collision of a ship on which a seafarer is employed he sustains the loss of any or all of his property, he shall be entitled, in accordance with the regulations, to compensation from the owner of the ship for such loss. |
[Section 140(3) substituted by section 29(i) of Act No. 12 of 2015]
| (4) | A seafarer shall not be entitled to receive compensation under subsection (3) if it be proved that the loss of his property was not due to the wreck, loss, abandonment, flooding, stranding, fire on board or collision of the ship. |
[Section 140(4) substituted by section 29(i) of Act No. 12 of 2015]
| (5) | Nothing in this section shall deprive any seafarer of any compensation to which he may be entitled in terms of the Workmen's Compensation Act 30 of 1941— |
[Words preceding section 140(5)(a) substituted by section 29(i) of Act No. 12 of 2015]
| (a) | for temporary partial disablement or temporary total disablement in respect of any period for which he has not been paid wages in terms of this section; or |
[Section 140(5)(a) substituted by section 21(c) of Act No. 30 of 1959]
| (b) | for permanent disablement. |
[Section 140(5) substituted by section 21(c) of Act No. 30 of 1959]
| (6) | A seafarer shall not be entitled to receive any compensation under the Workmen's Compensation Act 30 of 1941, for temporary partial disablement or temporary total disablement in respect of any period for which he has been paid wages in terms of this section; but his employer who has paid such wages to him for that period shall, if he has paid all assessments for the payment of which he is liable under that Act, be entitled to recover from the accident fund established under that Act an amount equal to the compensation that would, but for the provisions of this section, have been payable to the seafarer under that Act in respect of that period. |
[Section 140(6) substituted by section 29(i) of Act No. 12 of 2015]
| (7) | In this section the expression "seafarer" includes every person employed or engaged in any capacity on board any ship, but in the case of a ship which is a fishing boat, does not include any person who is entitled to be remunerated only by a share in the profits or the gross earnings of the working of the boat. |
[Section 140(7) substituted by section 29(i) of Act No. 12 of 2015]