Skip to content
Eagle Intelligence
Search

HomeNews

Crew Safety · Content type not recorded

Shore Leave Rights for Filipino Seafarers: AMSA and MLC Rules

Australia's AMSA says a PSC inspection is no reason to deny shore leave. What MLC 2006 says, what changes in 2027, and what to do if you're refused.

Eagle IntelligenceReview status is not recordedRecorded urgency at publication: Low. Not a live alert.

Advertisement

Sa madaling salita: Karapatan mo ang shore leave sa ilalim ng MLC 2006, basta tapos na ang port formalities at hindi ka kailangan sa operasyon ng barko. Sa Australia, sinabi na ng AMSA noong 30 Setyembre 2026 na ang posibleng PSC inspection ay hindi dahilan para pigilan ang crew na bumaba. Kapag tinanggihan ka, itanong ang dahilan, i-record ito, at gamitin ang complaint procedure sa barko o sa port.

For many Filipino crew, "no shore leave" has become routine. Turnarounds are short, terminals sit far from town, and sometimes the only explanation is "baka may inspection." A notice from Australia's maritime regulator this week deals with that excuse directly.

What AMSA Marine Notice 2026/02 says

On 30 September 2026, the Australian Maritime Safety Authority (AMSA) issued Marine Notice 2026/02, "Access to shore leave for seafarers." It replaces Marine Notice 2024/07 and adds two points:

  • The possibility of an AMSA port State control (PSC) inspection is not a reason to delay, restrict or deny shore leave.
  • If crew members are ashore while AMSA carries out a PSC inspection, that will not, in itself, lead to any adverse action against the vessel.

The notice also repeats AMSA's earlier positions:

  • Shore leave and welfare access are "key to seafarer physical and mental health" and reduce fatigue.
  • The decision to grant shore leave "should not be based on financial implications."
  • If a shoreside authority in Australia tells a company that shore leave is not possible, the company should report this to AMSA, which will investigate as the competent authority.
  • AMSA PSC officers may act where there are clear grounds to believe the shipowner, company or master has not complied with shore-leave requirements under MLC 2006 and Australian law.

AMSA's PSC guidance (updated 1 November 2023) already said only crew needed to operate equipment during an inspection must stay aboard.

Eagle's analysis: why this matters beyond Australia

The notice covers only Australian ports, but its logic carries further. Masters often keep crew on board "just in case" an inspector arrives, worried that a short-handed ship looks bad. AMSA has now said in writing that it will not hold crew being ashore against a ship. A Filipino AB or oiler in Port Hedland, Newcastle or Gladstone can now point to an official document, not just a general principle.

The reporting line for shoreside refusals also matters: if the terminal is the problem, the regulator wants to hear about it.

Where shore leave comes from: MLC 2006 and the FAL Convention

MLC 2006, Regulation 2.4

The Maritime Labour Convention, 2006 (MLC 2006) states: "Seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational requirements of their positions" (Regulation 2.4, paragraph 2). AMSA quotes this line in its notice. The Philippines ratified MLC 2006 on 20 August 2012 as the 30th ratifying country, which triggered the Convention's entry into force worldwide on 20 August 2013 (ILO).

The qualifier is "operational requirements." A watchkeeper on duty during cargo work can be kept on board. A blanket refusal for the whole crew with no reason given is a different matter.

The FAL Convention, Standard 3.44

The IMO's Convention on Facilitation of International Maritime Traffic (FAL) governs what port-state authorities may do. Amendments in force since 1 January 2018 say shore leave must be granted without discrimination on grounds such as nationality, race, colour, sex, religion, political opinion or social origin, and irrespective of the ship's flag. If authorities refuse a request, they must explain why to the crew member and the master, in writing if asked (IMO, 1 January 2018).

Port security is not a blanket excuse

IMO circular MSC.1/Circ.1342 reminds governments and port facilities that ISPS Code security measures should not be used to block shore leave.

What changes in December 2027

In June 2025, the 113th International Labour Conference adopted amendments to the MLC Code. They add a new Standard A2.4.2 on shore leave (ILO, ILC.113 instruments). The ILO lists 23 December 2027 as the expected entry-into-force date. The new Standard says:

  • Port States must allow seafarers ashore once formalities are complete, unless there are public health, safety, security or public order reasons to refuse.
  • Shore leave must be allowed without discrimination and irrespective of flag.
  • No seafarer shall be required to hold a visa or special permit for shore leave.
  • If shore leave is refused, authorities must give the reasons to the seafarer and the master, in writing if requested.
  • Shipowners shall allow shore leave to off-duty seafarers on arrival in port, except where port authorities prohibit or restrict it, or for safety or operational reasons.

A new Guideline B2.4.5 asks governments to train port and terminal staff on seafarers' rights, including shore leave.

Eagle's analysis: what this means for Filipino crew

Today the shipowner's duty rests on general wording about wellbeing. From late 2027 it becomes specific: off-duty crew go ashore on arrival unless there is a port, safety or operational reason. The no-visa rule matters for Filipino crew, who often face visa barriers in some ports. The AMSA notice shows where regulators are already heading.

What you can do when shore leave is refused

  1. Ask who refused it and why: the master, the company, the terminal or a government authority. Under FAL, port-state authorities must give reasons, in writing on request.
  2. Write it down: date, port, berth, reason and who gave it.
  3. Use the on-board complaint procedure. MLC Regulation 5.1.5 requires flag States to make sure ships have "fair, effective and expeditious" complaint procedures, and to prohibit and penalise victimisation of a seafarer for filing a complaint.
  4. Use the port's complaint channel. MLC Regulation 5.2.2 gives seafarers on ships calling at a port the right to report alleged breaches of the Convention, including seafarers' rights, to the port State. In Australia, that means AMSA.
  5. Contact welfare support. AMSA's notice points crew to Port Welfare Committees listed by the Australian Seafarers Welfare Council. Worldwide, ISWAN's SeafarerHelp is free, confidential, multilingual and available 24/7 at +44 (0)20 7323 2737.
  6. Tell your union or manning agency so they can raise it with the company.

FAQ

Is shore leave a legal right or a privilege? Under MLC 2006 Regulation 2.4, seafarers "shall be granted" shore leave for their health and wellbeing, consistent with the operational requirements of their positions. Operational needs can limit it. Convenience or cost should not. AMSA says cost "should not" drive the decision.

Can my master keep everyone on board because a PSC inspection might happen in Australia? No. AMSA Marine Notice 2026/02 says the possibility of a PSC inspection is not a reason to delay, restrict or deny shore leave. Crew being ashore during an inspection will not, in itself, lead to action against the ship.

Do I need a visa to go ashore? That depends on the port State's rules today. Under the MLC amendments expected to take effect on 23 December 2027, no seafarer shall be required to hold a visa or special permit for shore leave.

The terminal, not the ship, refused us. Who do we tell? In Australia, AMSA asks companies to report shoreside refusals so it can investigate. Elsewhere, ask for the reasons in writing under the FAL Convention and report the refusal to the port State authority and your welfare contacts.

What to do: shore leave checklist

  • Know your watch schedule before arrival so you know when you're off duty.
  • Carry your ID documents and any shore pass the port issues.
  • If refused, ask: Who decided? What is the reason? Can I have it in writing?
  • File through the on-board complaint procedure. Victimisation is prohibited.
  • In Australia, the issue can be reported to AMSA. Point to Marine Notice 2026/02.
  • Contact the local port welfare centre or ISWAN SeafarerHelp (+44 (0)20 7323 2737).
  • Families: if refusals keep happening, encourage your seafarer to document each one.

Sources

Advertisement

Sources and corrections

MethodologyCorrections

Share