Probation Period of a Seafarer: Meaning, Basis, and Limits

Probation Period of a Seafarer: Meaning, Basis, and Limits

The probation period is one of the most debated topics in the maritime industry. Some shipowners see it as a necessary measure to assess competence; others use it as a form of control. Seafarers often perceive it as a “grey area,” where one can lose a job without explanation.
To understand what is lawful and what violates international standards, it is essential to know the legal basis of the probation period and how it is regulated by conventions and collective agreements.

1. What Is a Probation Period and Why Is It Introduced

A probation period is the time during which a shipowner evaluates a seafarer’s professional qualities — competence, discipline, behavior, and teamwork.
It may be applied:

• when joining a company for the first time;

• when promoted to a higher position (e.g., from Second Engineer to Chief Engineer);

• when transferring to a new type of vessel or fleet.

Unlike shore employment, ships operate under international standards that strictly regulate the duration and conditions of probation.

2. Legal Framework: What International Conventions Say

a) Maritime Labour Convention (MLC 2006)

The MLC does not prohibit probation but establishes strict safeguards.
According to Regulation 2.1 “Seafarers’ Employment Agreements” and Standard A2.1 (1–5):

“A probationary period may be established if permitted by national laws or collective agreements; however, all rights of the seafarer — including wages, repatriation, and medical protection — shall remain fully in force.”

This means:

• probation cannot restrict the right to pay, food, accommodation, medical care, or repatriation;

• the shipowner must issue a full Seafarer’s Employment Agreement (SEA) including the probation period;

• non-payment of wages or dismissal without legal cause is prohibited.

b) ILO Convention No. 179 and Resolution No. 186

These documents clarify that probation cannot be used to circumvent labor guarantees.
Once a seafarer signs the contract and joins the vessel, they are considered a full employee, not a “candidate on trial.”

c) ITF / IBF Agreements

Union agreements (e.g., ITF Standard Agreement, IBF CBA) specify:

• maximum probation period — 3 months;

• full salary must be paid;

• seafarer has the right to repatriation after probation if either party chooses not to continue employment.

For some officer positions, a 6-week assessment period may apply under captain and superintendent evaluation.

3. How the Probation Period Is Formalized

Probation must be clearly stated in the Seafarer’s Employment Agreement (SEA), indicating:

• start and end dates;

• evaluation criteria (discipline, competence, teamwork);

• responsible persons (Master, Chief Engineer, Supervisor);

• procedure for notification of results.

If the SEA does not include this clause, probation is legally invalid. A verbal statement like “first two months are a test” has no legal standing.

4. Seafarer’s Rights During Probation

Even during probation, seafarers retain all rights under the MLC 2006, including:

• full salary;

• medical and social protection;

• safe working and living conditions;

• right to rest, food, and repatriation;

• compensation in case of injury or illness;

• right to file complaints to the captain, company, ITF, or flag administration.

Probation cannot be unpaid and does not release the shipowner from standard obligations.

5. Termination During Probation

Under MLC Standard A2.1.5, both parties may terminate the contract more easily if probation is included in the SEA.
However:

• the seafarer must receive a 7-day notice;

• all earned wages must be fully paid;

• the shipowner must arrange repatriation at their own expense;

• the Seaman’s Book must state “Disembarked – End of probation period”, not “Dismissed”.

Any dismissal “based on probation results” without official documentation violates MLC Regulation 2.1 and may be treated as unlawful termination.

6. Shipowners and Flag State Practice

Different flags interpret probation differently:

• Liberia, Panama, Marshall Islands — allow up to 3 months with full pay;

• Malta, Cyprus, Singapore — require written notice and justification;

• UK and Isle of Man — recognize probation only under IBF/ITF agreements;

• Norway, Denmark — do not apply probation at all; seafarers have full rights from the first day.

7. Conclusion

The probation period at sea is not a “grey zone,” but a legally defined part of the employment contract, regulated by MLC 2006, ITF/IBF agreements, and flag state laws. It guarantees seafarers fair pay, legal protection, and dignity — helping both sides maintain transparency and professionalism at sea.