Posted on: 13 March 2026
David Ashmore, employment lawyer at global law firm Reed Smith, comments on the employment law requirements for shipowners operating in the Middle East.
He says that the recent designation of the Strait of Hormuz and surrounding waters as a Warlike Operations Area (WOA) is a major development for shipowners, operators and charterers from both an operational and legal risk perspective.
For vessels operating under IBF or ITF collective bargaining agreements, the WOA designation triggers certain contractual obligations that shipowners must manage carefully, including additional risk pay for seafarers, enhanced compensation for death or disability, and circumstances in which crew may request repatriation or decline deployment to the area.
Shipowners need to ensure that crewing arrangements, employment contracts and voyage planning properly reflect these requirements so that vessels can continue operating while meeting their contractual and regulatory obligations.
In addition, the Maritime Labour Convention (MLC) continues to impose clear compliance obligations on shipowners, including requirements around repatriation where a vessel is bound for a war zone and a seafarer does not consent, or where a seafarer’s contract expires during a voyage, for example, where a voyage has been extended or re-routed due to security conditions.
Operators should plan carefully for extended voyages, crew changes and welfare arrangements, particularly where airspace restrictions or port limitations may complicate crew logistics, ensuring both compliance and the continued safe operation of the vessel.
Ultimately, shipowners, operators and charterers cannot view this purely as a security issue, it also carries important employment law and contractual implications that must be considered as part of operational risk management. Ensuring that operational decisions, such as voyage changes and crewing arrangements, align with MLC requirements and applicable collective bargaining agreements is a key part of managing both legal risk and operational continuity.
