Title 46ShippingRelease 119-73

§11106 Wages on justifiable complaint of seamen

Title 46 › Subtitle Subtitle II— - Vessels and Seamen › Part Part G— - Merchant Seamen Protection and Relief › Chapter CHAPTER 111— - PROTECTION AND RELIEF › § 11106

Last updated Apr 6, 2026|Official source

Summary

If a seaman abroad says a U.S. ship is poorly supplied, unsafe, or the officers were cruel, a U.S. consular officer must investigate. If the officer finds the complaint fair, the ship’s master must pay the seaman any unpaid wages plus one month’s additional wages and discharge the seaman. The master must also give the seaman work on another ship or pay for passage to the port of original engagement, the most convenient U.S. port, or a port the seaman agrees to. If a seaman had to accept smaller or bad food rations, a court can award extra pay the judge thinks is reasonable. That extra pay does not apply if the seaman willfully skipped duties or was lawfully confined for misconduct, unless the ration cut was clearly unreasonable. It also does not apply to fishing or whaling vessels or to yachts.

Full Legal Text

Title 46, §11106

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(a)Before a seaman on a vessel of the United States is discharged in a foreign country by a consular officer on the seaman’s complaint that the agreement required by this part has been breached because the vessel is badly provisioned or unseaworthy, or against the officers for cruel treatment, the officer shall inquire about the complaint. If satisfied of the justice of the complaint, the consular officer shall require the master to pay the wages due the seaman plus one month’s additional wages and shall discharge the seaman. The master shall provide the seaman with employment on another vessel or provide the seaman with passage on another vessel to the port of original engagement, to the most convenient port of the United States, or to some port agreeable to the seaman.
(b)When a vessel does not have sufficient provisions for the intended voyage, and the seaman has been forced to accept a reduced ration or provisions that are bad in quality or unfit for use, the seaman is entitled to recover from the master or owner an allowance, as additional wages, that the court hearing the case considers reasonable.
(c)Subsection (b) of this section does not apply when the reduction in rations was for a period during which the seaman willfully and without sufficient cause failed to perform duties or was lawfully under confinement on board or on shore for misconduct, unless that reduction can be shown to have been unreasonable.
(d)Subsection (b) of this section does not apply to a fishing or whaling vessel or a yacht.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 11106(a)46:685 11106(b)–(d)46:665 section 11106 provides compensation to seamen on United States vessels when a shipping agreement is breached. It does not apply to fishing vessels, whaling vessels or yachts.

Reference

Citations & Metadata

Citation

46 U.S.C. § 11106

Title 46Shipping

Last Updated

Apr 6, 2026

Release point: 119-73