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Chapter 8 - Labour Law

Merchant Shipping Act

The Merchant Shipping Act 51 of 1951 (MSA)

The Merchant Shipping Act says that the Labour Relations Act and the Wage Act apply to all workers at sea. It also says that if there is conflict between the provisions of the MSA and the provisions of an Bargaining Council Agreement or Wage Determination, then the provisions of the Agreement or Determination will apply.

The MSA covers workers who are at sea within South Africa's territorial waters. If workers at sea are outside the territorial waters of South Africa, then an Agreement or Determination will apply to these workers:

• workers employed on a ship which is registered in South Africa
• even if the ship is not registered in South Africa, workers who are employed on a ship which spends all its time working between ports in South Africa.