
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC10313]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part G--Merchant Seamen Protection and Relief
 
              CHAPTER 103--FOREIGN AND INTERCOASTAL VOYAGES
 
Sec. 10313. Wages

    (a) A seaman's entitlement to wages and provisions begins when the 
seaman begins work or when specified in the agreement required by 
section 10302 of this title for the seaman to begin work or be present 
on board, whichever is earlier.
    (b) Wages are not dependent on the earning of freight by the vessel. 
When the loss or wreck of the vessel ends the service of a seaman before 
the end of the period contemplated in the agreement, the seaman is 
entitled to wages for the period of time actually served. The seaman 
shall be deemed a destitute seaman under section 11104 of this title. 
This subsection applies to a fishing or whaling vessel but not a yacht.
    (c) When a seaman who has signed an agreement is discharged 
improperly before the beginning of the voyage or before one month's 
wages are earned, without the seaman's consent and without the seaman's 
fault justifying discharge, the seaman is entitled to receive from the 
master or owner, in addition to wages earned, one month's wages as 
compensation.
    (d) A seaman is not entitled to wages for a period during which the 
seaman--
        (1) unlawfully failed to work when required, after the time 
    fixed by the agreement for the seaman to begin work; or
        (2) lawfully was imprisoned for an offense, unless a court 
    hearing the case otherwise directs.

    (e) After the beginning of the voyage, a seaman is entitled to 
receive from the master, on demand, one-half of the balance of wages 
earned and unpaid at each port at which the vessel loads or delivers 
cargo during the voyage. A demand may not be made before the expiration 
of 5 days from the beginning of the voyage, not more than once in 5 
days, and not more than once in the same port on the same entry. If a 
master does not comply with this subsection, the seaman is released from 
the agreement and is entitled to payment of all wages earned. 
Notwithstanding a release signed by a seaman under section 10312 of this 
title, a court having jurisdiction may set aside, for good cause shown, 
the release and take action that justice requires. This subsection does 
not apply to a fishing or whaling vessel or a yacht.
    (f) At the end of a voyage, the master shall pay each seaman the 
balance of wages due the seaman within 24 hours after the cargo has been 
discharged or within 4 days after the seaman is discharged, whichever is 
earlier. When a seaman is discharged and final payment of wages is 
delayed for the period permitted by this subsection, the seaman is 
entitled at the time of discharge to one-third of the wages due the 
seaman.
    (g) When payment is not made as provided under subsection (f) of 
this section without sufficient cause, the master or owner shall pay to 
the seaman 2 days' wages for each day payment is delayed.
    (h) Subsections (f) and (g) of this section do not apply to a 
fishing or whaling vessel or a yacht.
    (i) This section applies to a seaman on a foreign vessel when in a 
harbor of the United States. The courts are available to the seaman for 
the enforcement of this section.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 566; Pub. L. 99-640, 
Sec. 10(b)(4), Nov. 10, 1986, 100 Stat. 3550.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
10313(a)..........................  46:591
10313(b)..........................  46:592
                                    46:593
10313(c)..........................  46:594
10313(d)..........................  46:595
10313(e)-(i)......................  46:596
                                    46:597
                                    46:598
------------------------------------------------------------------------

    Section 10313 provides that a seaman's entitlement to wages begins 
when the seaman begins work, or as specified in the shipping agreement. 
This section also qualifies a seaman's entitlement to wages if the 
vessel is lost or wrecked, if the seaman is discharged improperly, or if 
the seaman unlawfully failed to work or was imprisoned. It also 
establishes procedures for the payment of wages at each port the vessel 
loads or unloads cargo, and at the end of the voyage. This section 
applies to seamen on foreign vessels in United States harbors, but not 
to fishing vessels, whaling vessels or yachts.


                               Amendments

    1986--Subsec. (e). Pub. L. 99-640 struck out last sentence which 
read as follows: ``However, this subsection applies to a vessel taking 
oysters.''
    Subsec. (h). Pub. L. 99-640 struck out last sentence which read as 
follows: ``However, subsections (f) and (g) apply to a vessel taking 
oysters.''
