NMWM06185 - Specific occupations and special groups: mariners and seafarers from 1 October 2020
Relevant legislation
The legislation that applies to this page is as follows:
- National Minimum Wage Act 1998, sections 1 & 40 and National Minimum Wage (Offshore Employment) Order 1999 (SI1128)
Working or ordinarily working
Under section 1 of the National Minimum Wage Act 1998, a worker is entitled to be paid at least the National Minimum Wage when they are working, or ordinarily working, in the United Kingdom (NMWM05030).
A seafarer who can establish a sufficient link to the United Kingdom can be regarded as “ordinarily working” in the United Kingdom and able to bring a claim in respect of National Minimum Wage through a tribunal, regardless of the nationality of the seafarer or the flag of the ship on which they are employed.
In order to determine whether a seafarer “ordinarily works” in the United Kingdom a NMW Officer will consider which country the seafarer’s employment base is in, taking into account of:
- where the seafarer’s tour of duty begins and ends; and
- where the seafarer is subject to income tax and National Insurance contributions.
The National Minimum Wage (Offshore Employment) (Amendment) Order 2020
Prior to the introduction of the National Minimum Wage (Offshore Employment) (Amendment) Order 2020 seafarers who were wholly employed outside of the UK’s internal waters were not entitled to be paid at least the National Minimum Wage. This included seafarers employed on vessels in the territorial waters of the United Kingdom.
From 1 October 2020 all seafarers working in :
- UK territorial waters or
- UK internal waters
are entitled to be paid at least the National Minimum Wage, unless innocent or transit passage applies.
This is regardless of where the vessel is registered or whether the worker ordinarily resides in the United Kingdom.
This includes individuals employed on:
- Fishing vessels in the territorial waters of the United Kingdom (but see Share Fishermen NMWM06230).
- Vessels operating between two or more UK ports that do not normally call at ports outside of the UK as part of their usual routine.
- Vessels that operate one port voyages from a UK port.
Innocent Passage and Transit Passage
The order does not apply to workers on ships exercising the “right to innocent passage” or “the right of transit passage” as defined by the 1982 United Nations Convention of the Law of the Seas (UNCLOS) (section 3 of Part II and Section 2 of Part III of UNCLOS.) For further information on these definitions see (NMWM06205).
The Order does not affect the operation of section 40 of the National Minimum Wage Act 1998 and does not apply to share fishermen (NMWM06230).
Further information on the National Minimum Wage (Offshore Employment) (Amendment) Order 2020 is included in the offshore workers guidance (NMWM06205).
Section 40
Under section 40 of the National Minimum Wage Act 1998, workers who are ordinarily United Kingdom residents and who are working on ships registered in the United Kingdom, are entitled to be paid at least the National Minimum Wage wherever the ship is, provided at least some of their employment takes place in the United Kingdom or its internal waters.
Internal Waters and Territorial Waters
The following terms are not specifically defined in National Minimum Wage legislation but have been accepted to mean the following:
- Internal waters has been accepted to mean that it covers all water and waterways on the landward side of the baseline from which the UK territorial waters is defined. It includes waterways such as rivers and canals, and sometimes the water within small bays.
- Territorial waters as defined by the 1982 United Nations Convention of the Law of the Seas (UNCLOS), is the belt of coastal waters extending at most twelve nautical miles from the baseline (usually the mean low-water mark) of a coastal state.
Summary
The following table summarises when mariners and seafarers are entitled to National Minimum Wage:
| MARINERS AND SEAFARERS | Internal Waters | External Waters | External Waters | Comment |
|---|---|---|---|---|
| - | - | UK registered ship | Non UK registered ship | |
| Worker “ordinarily working” in the UK | YES | YES | YES | |
| Worker not “ordinarily working” in the UK | YES* | NO | NO | *Although not “ordinarily working” in the UK, a worker is entitled to be paid at least NMW for the time working in the UK, such as when in UK internal waters and UK territorial waters (except on a ship exercising the right of innocent passage or the right of transit passage) |
| Ordinarily UK resident - some employment in UK/internal waters | YES | YES* | NO | *Section 40 applies in this scenario. |
| Ordinarily UK resident - all employment outside UK/internal waters | Not applicable | NO | NO | See comment for Worker “ordinarily working” in the UK. |
Top of page