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Section 64: Payment of wages and account of wages

Merchant Shipping Act · PART IV: ENGAGEMENT, DISCHARGE AND WELFARE OF SEAMEN

consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

64. Payment of wages and account of wages (1) Where a seafarer employed under a crew agreement relating to a Mauritius ship leaves the ship on being discharged from it, the wages due to the seafarer under the agreement calculated from the day that the seafarer reports for duty on board shall, subject to this section, be paid to him in full at the time when he leaves the ship (referred to in this section as the “time of discharge”). (2) Where any amount payable to a seafarer is not paid at the time at which it is payable, it shall carry interest at the legal rate except when the failure to pay was due to— (a) a reasonable dispute as to liability; (b) the act or default of the seafarer; or (c) any other cause, not being the wrongful act or default of the person liable to pay his wages. (3) Where a seafarer, pursuant to section 75, is discharged from a ship outside Mauritius but returns to Mauritius under arrangements made by the person who employed him, this section shall have effect as if for the reference to the time of discharge there were substituted a reference to the time of his return to Mauritius, and as if subsection (6) were omitted. (4) Where any amount of wages is not paid in cash at the time of discharge, the amount shall be deemed to have been paid— (a) on the date when a cheque, money order or postal order for that amount was dispatched by the recorded delivery service of the post office to the seafarer’s last known address; or (b) on the date when any account kept by the seafarer with a bank or other institution was credited with that amount. (5) The master of every Mauritius ship shall deliver to every seafarer employed in the ship under a crew agreement an account of the wages due to him under that crew agreement and of the deductions subject to which the wages are payable. (6) The account shall be delivered not later than 24 hours before the time of discharge or, if the seafarer is discharged without notice or at less than 24 hours’ notice, at the time of discharge.

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