Seafarers in Santos, Brazil: unpaid wages and crew abandonment

Brazil has ratified the ILO Maritime Labour Convention, 2006 (MLC 2006). The convention sets minimum standards for seafarers, including written employment agreements, regular payment of wages, hours of rest, medical care and the right to repatriation.

Under the MLC, a seafarer is considered abandoned when the shipowner fails to cover the cost of repatriation, leaves the seafarer without the necessary maintenance and support, or otherwise unilaterally severs ties with the seafarer, including failing to pay contractual wages for a period of at least two months.

Ships covered by the convention must carry financial security, usually insurance, to assist abandoned seafarers. It should cover outstanding wages, generally limited to four months, repatriation costs and essential needs such as food, water, fuel and medical care. A certificate of this financial security must be kept on board.

Under Brazilian law, crew wages are among the privileged maritime claims against the vessel. Depending on the circumstances, this may support urgent court measures in Santos, including the arrest of the vessel, to secure payment before the ship leaves or is sold.

1. 01Photograph the financial security certificate kept on board.
2. 02Keep copies of employment agreements, wage slips and bank statements.
3. 03Record the dates of unpaid wages and all communications with the shipowner, master and local agent.
4. 04Contact your consulate and seafarers' welfare organisations in Santos.
5. 05Seek local legal advice early, while the vessel is still in port.

Several institutions may be involved when a crew is stranded in Santos. The maritime authority deals with the safety of the vessel and crew. Labour inspection can verify conditions on board. Consulates provide support to foreign nationals. Seafarers' unions and welfare organisations often offer practical assistance, such as food, communication and initial guidance.

These institutions do not replace court action to secure wages, but they can be essential to protect the safety and dignity of the crew while the situation is being resolved.

Arrest is a court measure that prevents the vessel from leaving port until the claim is secured. It is particularly relevant when the shipowner has no assets in Brazil and the vessel is the only reachable asset. The application must show the claim and the urgency, and courts usually decide quickly because the ship may sail at any time.

1. 01Evidence of unpaid wages, such as agreements, wage slips and statements.
2. 02Precise identification of the vessel, including name and IMO number.
3. 03Evidence of urgency, such as an expected departure or sale.
4. 04Identification of the shipowner and other liable parties.

To act in Brazilian courts, the lawyer needs a power of attorney from each crew member involved. Documents in foreign languages may need translation. Collecting identity documents, seafarer's books and employment agreements early saves valuable time if urgent action becomes necessary.

When Brazilian nationals are part of the crew, they may also pursue rights under Brazilian labour law, depending on how and where they were hired. In abandonment cases, urgent measures against the vessel are often combined with broader labour claims.

While the crew remains on board, families at home often stop receiving support. Securing outstanding wages, ensuring continued payment and arranging repatriation as soon as possible are therefore equally important. The financial security required by the MLC was designed precisely for these situations, and triggering it early reduces waiting time.

1. 01Make a list of all crew members, their nationalities, positions and outstanding wages.
2. 02Collect copies of employment agreements, seafarer's books and passports.
3. 03Photograph the vessel's financial security certificate and the crew list.
4. 04Keep a written log of supplies on board, such as food, water and fuel.
5. 05Save all messages with the shipowner, the master and the local agent.

This information allows the lawyer to assess the situation quickly and to prepare urgent measures while the vessel is still in Santos.

Can foreign seafarers take action in Brazil? When the vessel is in a Brazilian port, urgent measures may be available in Brazil. The specific route depends on the claim, the parties and the facts.

Who pays for repatriation? Repatriation is the shipowner's obligation. In a case of abandonment, the financial security should cover it.

What if the vessel is sold? Privileged claims such as crew wages follow the vessel, but timing is critical to make them effective.

Does the master also have a privileged claim? Yes. Wages of the master and crew are among the privileged maritime claims against the vessel under Brazilian law.

How long does recovery take? It depends on the available financial security, the shipowner's situation and the measures taken. Acting early usually shortens the process.

Can the crew act together? Yes. Crew members with similar claims can coordinate and be represented together, which often makes urgent measures more efficient.

Do I need to stay on board to claim? Not necessarily. What matters is that the vessel is in a Brazilian port or waters and that the claims are documented. Crew members who have already been repatriated can also be represented through a power of attorney. Even so, gathering documents early is essential because the vessel's stay in port is uncertain.

Seafarers stranded in Santos have protections under the MLC and Brazilian law. Preserving documents and acting while the vessel remains in port are the most important factors for recovering unpaid wages and securing repatriation.