MLC 2006 sets a minimum of 2.5 calendar days of paid annual leave per month of service (30 days/year floor), though most Indian seafarer contracts specify significantly more, commonly 8-15 days per month at officer level. Leave pay calculation matters more than the headline day-rate — whether it's based on basic wage alone or a broader salary package can meaningfully change actual leave earnings, and this should be verified in the specific SEA before signing.
Leave entitlement is one of the contract terms most seafarers skim past when signing, assuming “it’s standard anyway.” It isn’t entirely standard — the regulatory minimum and what companies actually offer can differ meaningfully, and the calculation method behind your leave pay affects your real take-home more than most people realize.
The MLC 2006 Minimum
The Maritime Labour Convention 2006 — which India has ratified — sets a floor of 2.5 calendar days of paid annual leave per month of service. That works out to 30 days per year at minimum.
This is genuinely a floor, not a norm. In practice, most Indian seafarer contracts, particularly at officer level, specify considerably more — commonly 8-15 days per month worked, reflecting the demanding nature of continuous sea service rather than the bare regulatory minimum.
How Leave Accrues
Leave typically accrues based on actual sea service — the days you’re actually onboard and working count toward your leave balance, calculated per the rate specified in your contract (whether that’s the MLC floor or a higher contractual rate).
Understanding Leave Pay Calculation
This is where the real financial detail lives, and it’s genuinely worth checking before you sign, not assuming.
The core question: is leave pay calculated on basic wage alone, or on a broader set of salary components?
A typical officer salary package breaks down roughly as:
| Component | Approximate Share of Total |
|---|---|
| Basic wage | 50-60% |
| Guaranteed overtime | 15-20% |
| Leave pay accrual | 10-15% |
| Fixed allowances | remainder |
If your leave pay is calculated only on the basic wage component, your actual leave earnings can be meaningfully lower than if it’s calculated on a broader package including guaranteed overtime. Neither approach is universally standard — this genuinely varies by company, and you should confirm the specific calculation method in your contract before signing, not discover it when your leave settlement doesn’t match what you expected.
What to Check in Your Contract
Before signing any Seafarer Employment Agreement (SEA), verify:
- The stated leave rate (days per month) — is it the MLC minimum, or higher?
- The calculation base for leave pay — basic only, or a broader component set?
- Carry-forward rules — can unused leave roll over to a future contract, or must it be encashed at sign-off?
- Encashment terms — if leave is encashed rather than taken, what rate applies?
None of this is standardized across the industry — it genuinely differs by company, and the contract is the only reliable source. Verbal assurances about “standard leave terms” aren’t a substitute for reading the actual clause.
What Happens to Unused Leave
This depends entirely on your specific contract and company policy:
- Some companies allow leave balance to carry forward into a subsequent contract
- Others require full encashment (payment in lieu) at the end of each contract, with no carry-forward
- A few offer a choice between the two
There’s no MLC-mandated default here — check your SEA directly rather than assuming based on what a previous company did.
Leave Pay Timing
Leave pay owed at contract completion should be settled as part of your final wage settlement at sign-off, alongside any other outstanding dues. If this doesn’t happen promptly, it’s treated the same as any other wage dispute — document it, raise it with the company/manning agent first, and escalate to DG Shipping or ITF if unresolved.
Unsure how your specific contract calculates leave, or want help reading a clause before you sign? Chat with SailorGPT for guidance on seafarer contract terms.
Frequently Asked Questions
What's the actual minimum leave a seafarer is entitled to under MLC 2006?
MLC 2006 sets a minimum of 2.5 calendar days of paid annual leave per month of service. This is a regulatory floor, not a target — most Indian seafarers' contracts specify considerably more, commonly in the 8-15 days per month range, especially at officer level.
Is leave pay based on basic salary only, or the full salary package?
This varies by contract and needs checking specifically — some companies calculate leave pay on basic wage only, others include a wider set of components. Since basic wage is often only 50-60% of a seafarer's total monthly package, this distinction has a real financial impact and is worth confirming before signing, not after.
Can unused leave be carried forward or must it be encashed?
This depends entirely on the specific employment contract and company policy — MLC 2006 doesn't mandate one approach over the other. Check your SEA (Seafarer Employment Agreement) specifically for carry-forward and encashment terms rather than assuming a default.
Part of the Seafarer Rights Guide
Explore all MLC 2006 rights, wage claims, harassment, repatriation, and emergency helplines in the complete guide.
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