Merchant Shipping Order, 2002 · As enacted · Part IV · Employment of Seamen
60. (1)
Official textFrom Attorney General's Chambers, unchanged
Except as provided by this Order or any other written law, the wages due to a seaman under a crew agreement relating to a ship shall be paid to him in full at the time when he leaves the ship on being discharged therefrom (referred to in this section and in section 61 as the time of discharge).
If the amount shown in the account delivered to a seaman under subsection (1) of section 61 as being the amount payable to him under subsection
seaman
"seaman" includes every person employed or engaged in any capacity on board a ship on the business of the ship, other than- (a} the master of the ship; (b) a pilot; or (c) a person temporarily employed on the ship in port;
is replaced by an increased amount shown in a further account delivered to him under subsection (3) of section 61, the balance shall be paid to him within 7
days of the time of discharge.
If any amount which, under subsection (2), is payable to a seaman is not paid at the time at which it is so payable, the seaman shall be entitled to wages at the rate last payable under the crew agreement for every day on which it remains unpaid until the full amount is paid.
Subsection (3) shall not apply if the failure to pay was due to any reasonable dispute as to liability or to the act or default of the seaman or to any other cause, not being the wrongful act or default of the person liable to pay his wages or of his employee or agent.
Where a seaman is employed under a crew agreement relating to more than one ship, this section shall have effect, in relation to wages due to him under the agreement, as if for any reference to the time of discharge there were substituted a reference to the termination of his employment under the crew agreement.
ship
"ship" means any kind of vessel used in navigation by water, however propelled or moved and includes - (a} a barge, lighter or other floating vessel; and (b) an air cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;
Where a seaman is discharged under section 59, from a ship outside his port of return but returns to that port under arrangement made by the person who employed him, this section shall have effect, in relation to the wages due to him under a crew agreement relating to the ship, as if for the references in subsections
port of return
"port of return" means such port as is agreed upon by the master or seaman and his employer in the crew agreement or otherwise or, in the absence of agreement - (a} Muara or Kuala Belait, in the case of a master or seaman who is resident in Brunei Darussalam; or 404 (b) the port where the master or seaman was employed or joined the ship, in any other case;
( 1) to (3) to the time of discharge there were substituted references to the time of his return to that port and subsection (5) were omitted.
port
"port" means any area in Brunei Darussalam declared to be a port under the Ports Act;
Account of seaman's wages.
Terms defined in s 2
port
Defined · s 2"port" means any area in Brunei Darussalam declared to be a port under the Ports Act;
port of return
Defined · s 2"port of return" means such port as is agreed upon by the master or seaman and his employer in the crew agreement or otherwise or, in the absence of agreement - (a} Muara or Kuala Belait, in the case of a master or seaman who is resident in Brunei Darussalam; or 404 (b) the port where the master or seaman was employed or joined the ship, in any other case;
seaman
Defined · s 2"seaman" includes every person employed or engaged in any capacity on board a ship on the business of the ship, other than- (a} the master of the ship; (b) a pilot; or (c) a person temporarily employed on the ship in port;
ship
Defined · s 2"ship" means any kind of vessel used in navigation by water, however propelled or moved and includes - (a} a barge, lighter or other floating vessel; and (b) an air cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;
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Part VIII
Part IX
Inquiries and Investigations
Part X