46 U.S.C. § 10312 — Settlements on discharge

Page 181 TITLE 46—SHIPPING § 10313 with a certificate of discharge or to make an entry in the seaman’s continuous discharge book. It requires that certain facts be included in the certificate or in the entry, prohibits other information from being in- cluded, and requires the Secretary to keep records of all discharges, copies of which must be furnished to seamen at cost upon request. These discharges are used to substantiate the nature and duration of the sea- man’s employment on a particular vessel. This section does not apply to fishing vessels, whaling vessels, or yachts. Editorial Notes AMENDMENTS 1993—Subsec. (a). Pub. L. 103–206, § 409(1), substituted ‘‘master or individual in charge’’ for ‘‘shipping commis- sioner’’. Subsec. (b). Pub. L. 103–206, § 409(2), substituted ‘‘by the master and the seaman’’ for ‘‘by the master, the seaman, and the shipping commissioner as witness’’. Subsec. (d)(1). Pub. L. 103–206, § 409(3), substituted ‘‘owner, charterer, managing operator, master, or indi- vidual in charge’’ for ‘‘Secretary’’. Subsec. (d)(2). Pub. L. 103–206, § 409(4), substituted ‘‘at the request of the seaman’’ for ‘‘at a cost prescribed by regulation’’. § 10312. Settlements on discharge When discharge and settlement are completed, the master, individual in charge, or owner and each seaman shall sign the agreement required by section 10302 of this title. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 565; Pub. L. 103–206, title IV, § 410, Dec. 20, 1993, 107 Stat. 2437.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10312(a), (b), (d)–(f) ...................... 46:644 10312(c) ........................................ 46:652 Section 10312 outlines the procedures for settlements upon discharge and for settling disputes over seamen’s wages and discharges. Editorial Notes AMENDMENTS 1993—Pub. L. 103–206 amended heading and text of sec- tion generally, substituting text consisting of sentence relating to signing agreements on discharge and settle- ment for former subsecs. (a) to (f) relating to such agreements, proceedings before shipping commissioners to settle disputes, certified copies of agreements, evi- dence of release of claims, and statements of wages paid. § 10313. Wages (a) A seaman’s entitlement to wages and pro- visions begins when the seaman begins work or when specified in the agreement required by sec- tion 10302 of this title for the seaman to begin work or be present on board, whichever is ear- lier. (b) Wages are not dependent on the earning of freight by the vessel. When the loss or wreck of the vessel ends the service of a seaman before the end of the period contemplated in the agree- ment, the seaman is entitled to wages for the period of time actually served. The seaman shall be deemed a destitute seaman under section 11104 of this title. This subsection applies to a fishing or whaling vessel but not a yacht. (c) When a seaman who has signed an agree- ment is discharged improperly before the begin- ning of the voyage or before one month’s wages are earned, without the seaman’s consent and without the seaman’s fault justifying discharge, the seaman is entitled to receive from the mas- ter or owner, in addition to wages earned, one month’s wages as compensation. (d) A seaman is not entitled to wages for a pe- riod during which the seaman— (1) unlawfully failed to work when required, after the time fixed by the agreement for the seaman to begin work; or (2) lawfully was imprisoned for an offense, unless a court hearing the case otherwise di- rects. (e) After the beginning of the voyage, a sea- man is entitled to receive from the master, on demand, one-half of the balance of wages earned and unpaid at each port at which the vessel loads or delivers cargo during the voyage. A de- mand may not be made before the expiration of 5 days from the beginning of the voyage, not more than once in 5 days, and not more than once in the same port on the same entry. If a master does not comply with this subsection, the seaman is released from the agreement and is entitled to payment of all wages earned. Not- withstanding a release signed by a seaman under section 10312 of this title, a court having juris- diction may set aside, for good cause shown, the release and take action that justice requires. This subsection does not apply to a fishing or whaling vessel or a yacht. (f) At the end of a voyage, the master shall pay each seaman the balance of wages due the seaman within 24 hours after the cargo has been discharged or within 4 days after the seaman is discharged, whichever is earlier. When a seaman is discharged and final payment of wages is de- layed for the period permitted by this sub- section, the seaman is entitled at the time of discharge to one-third of the wages due the sea- man. (g)(1) Subject to paragraph (2), when payment is not made as provided under subsection (f) of this section without sufficient cause, the master or owner shall pay to the seaman 2 days’ wages for each day payment is delayed. (2) The total amount required to be paid under paragraph (1) with respect to all claims in a class action suit by seamen on a passenger ves- sel capable of carrying more than 500 passengers for wages under this section against a vessel master, owner, or operator or the employer of the seamen shall not exceed ten times the un- paid wages that are the subject of the claims. (3) A class action suit for wages under this subsection must be commenced within three years after the later of— (A) the date of the end of the last voyage for which the wages are claimed; or (B) the receipt, by a seaman who is a claim- ant in the suit, of a payment of wages that are the subject of the suit that is made in the or- dinary course of employment. (h) Subsections (f) and (g) of this section do not apply to a fishing or whaling vessel or a yacht. (i) This section applies to a seaman on a for- eign vessel when in a harbor of the United