LEGAL OPINION – Labour Claim – Time Bar – Bonus

Manolis EglezosFounder & Managing Partner, Manolis Eglezos & Associates

Time bar in labour claims against the shipowner is one year and starts from the end of the year when the claim arose.

Further, when a salary higher than the one provided under the applicable collective agreement is agreed, the parties can agree that future increases or additional allowances can be set-off with the higher salary, provided the increased salary does not exceed the agreed one. Bonuses are included in this concept and can also be set-off if so agreed.

Piraeus One-member Court of Appeal Judgment no 780/2017, Judge: M. Papadogrigorakou, Attorneys at law: G. Darra, A. Panagopoulos, Ev. Kalfa, Maritime Law Review vol. 45, p. 268.
NOTE: A seafarer can also sue the representative of the shipowner, which is usually a law 89 managing company. Time bar for the representative is six months. The same applies for the individual who is appointed as a legal representative of the manager.