Section 6
of Merchant Shipping (Seamen's Wages and Accounts) Regulations, 2007
Section 6
(1)
No deduction shall be made by virtue of regulation 4(2){c) if the seaman satisfies the master that
{a)
his absence was due to an accident or mistake or some other cause beyond his control; and
{b)
he took all reasonable precautions to avoid being absent.
(2)
A deduction shall not be made by virtue of regulations 4(2){c) or {d)
unless sub-regulations (3) or (4) have been complied with.
(3)
Where it is possible for him to give a notice of deduction complying with sub-regulation (5) not less than 24 hours before the seaman's wages fall due to be paid, the seaman's employer or the master on his behalf shall give to the seaman-
(a)
a notice of deduction complying with sub-regulation (5); and
(b)
an opportunity to make representations about the deduction to the employer or to the master.
(4)
Where it is not possible for him to give a notice of deduction complying with sub-regulation (5) not less than 24 hours before the seaman's wages fall due to be paid, the seaman's employer or the master on his behalf shall-
{a) if it is possible to dQ. so before the seaman's wages fall due to be paid, give to the seaman-
(i)
a notice of deduction complying with sub-regulation (5); and
(ii)
an opportunity to make representations about the deduction to the employer or to the master; or 1622
{b)
if the seaman has not been given such notice and opportunity, send to the seaman by registered post at his last known address a notice of deduction complying with sub-regulation (5).
(SJ
A notice of deduction shall state that the employer is satisfi~d on reasonable grounds that there has been a breach or breaches, as the case may be, of the seaman's obligations under the crew agreement and that, subject to regulations 4 and 5 and sub-regulation (1) of this regulation, the deduction specified in the notice appears to the employer to be authorised to be made from the wages due to the seaman under the crew agreement, and such notice shall also
{a}
identify each proviSIOn of the crew agreement of which the employer is satisfied on reasonable grounds that there has been a breach and in respect of which he intends to make a deduction;
{b)
state the grounds upon which the employer is satisfied that each such breach has taken place;
{c) specify, with sufficient particulars to show how it is calculated, the amount of the actual expense or pecuniary loss incurred or sustained by the employer in respect of each such breach or, if that amount exceeds $200, with sufficient particulars to show that it exceeds $200; and
{d)
specify the total amount of the deduction proposed to be made.