Social security is often a subject of conflict. It is undeniably essential for workers to be insured and the fact that so many around the world in all sorts of positions, have no protection, is deplorable.
There is such a thing as over-zealousness however. In an attempt, well let us assume the best intentions, to ensure that all seafarers on yachts within Greek waters, have suitable cover, a recent law was enacted between the ministries of Shipping and of employment requiring all yachts to prove that they insure their crew. So far so good.
If they do not have sufficient cover, then for the duration of their stay in Greek waters, they must pay into the Greek seamans fund – NAT.
There are a few small issues with this – and several really quite large ones.
Firstly jurisdiction on matters of insurance are flag-based. Meaning, the country of the flag flown by the yacht is to decide on this matter. What would happen if each county visited by, say a Greek tanker, decided that the insurance for the crew was unacceptable by their legislation, no credibility was given to the Greek state decision on insurance and the owners were required to pay into each countries’ fund, in the clear and certain knowledge that their crew would never benefit from these payments? Would there not be an outcry? And rightly so. This would be a nightmarish situation. So why is this happening in Greece?
The MLC, The Maritime Labour Convention, of the ILO, the International Labour Organistaion, to which Greece is a signatory, states the above, that flag decides not port, and that the final agreement on the issue should be between each owner who should agree with the crew member what is in the crew members’ best interests. This allows for a wide range of solutions to the issue, not just one. Forcing an owner to pay into an arbitrary fund, not of his or the crew members choosing, does nothing to right any possible omissions found onboard a yacht, in insuring the crew. There are any number of ways in which this is well dealt with onboard yachts. Private insurance in some cases, national insurance schemes or private agreements whereby the crew member is paid an amount with which he decides where those funds are placed to best protect his health care and his future. Why does it seem a good solution for one state to essentially wage war on yachts for this reason? I might think of a few but they are nothing to do with wanting the best for crew on non-Greek yachts.
This legislation doesn’t fit for purpose and needs to be repealed before the reputation of Greece as a seagoing nation who understand nautical matters as well if not better than most, is in tatters.