ANALIZA PRAVNOG POLOŽAJA ČLANA POSADE BRODA U BOSNI I HERCEGOVINI, CRNOJ GORI I REPUBLICI HRVATSKOJ
ANALYSIS OF THE LABOUR STATUS OF SHIP CREW MEMBERS IN BOSNIA AND HERZEGOVINA, MONTENEGRO, AND THE REPUBLIC OF CROATIA

Summary/Abstract: The aim of this paper is to examine the regulation of the special labour status of crew members in Bosnia and Herzegovina, Montenegro, and the Republic of Croatia. The selection of these countries is intentional, as they share a common history, legal traditions, and cultural ties, while also being geographically linked to the Adriatic Sea. Furthermore, one of these countries is a member of the European Union, whereas the other two are not. The labour and social status of workers is a complex and crucial issue within labour act. This is particularly true for seafarers, who constitute the ship’s crew, whose work environment and conditions differ significantly from those of land-based workers. In recognition of these differences, the International Labor Organization (ILO) has enacted a range of regulations specifically addressing the labour status of seafarers. These efforts culminated in the adoption of the Maritime Labour Convention (MLC) in 2006, which represents a pivotal legal instrument in the regulation of labour, living, and social rights for seafarers. Within this framework, the paper specifically examines how the aforementioned countries have incorporated the Maritime Labour Convention into their national legislation. Additionally, the national regulations of Bosnia and Herzegovina, Montenegro, and Croatia are analyzed and compared, particularly concerning special labour status of crew members. Key aspects examined include the legal definition of a crew member, qualifications and requirements for employment on board, conditions governing embarkation, violations of rights related to living and working conditions on ships, provisions for repatriation, protection of rights and entitlements arising from employment contracts, and liability for physical injury or death of crew members.

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