As COVID-19 vaccines become more and more available there are feelings of excitement and trepidation in equal measures. With people starting to receive the COVID-19 vaccines in Cyprus, many questions are being raised by employers and employees alike, particularly whether employers can force employees to be immunized. Likewise, similar issues arise from a marine perspective with many shipowners asking if they can compel the seafarers to get vaccinated, and what they can do if seafarers refuse. Another highly disputable issue is also that of liability: more specifically as to who would bear liability if a seafarer finally takes the Covid-19 vaccine or not.
The legal side: Can a shipowner compel seafarers to take the COVID-19 vaccine?
For the purposes of our review, the provisions of the Law of 2012 – Maritime Labour Convention, 2006 (Ratification) and for Matters Connected Therewith (the “Law”) have been taken into consideration. The Law has ratified the Maritime Labour Convention of 2006 as amended (the “MLC”), which provides for minimum safety standards and the rights of seafarers. The Law, amongst others, provides for the minimum obligations on shipowners and seafarers in relation to seafarers’ medical certificates and also for medical care on board ships and ashore. Nonetheless, no expressed provision for seafarers’ vaccination is included…
