Imagine if cruise ship crew members enjoyed the same labor protections as workers on land: overtime pay for Sundays and holidays, night shift bonuses, and an annual bonus. Well, this became a reality for hundreds of Brazilian crew members after they sued major cruise lines—and won. However, all of them were fired following the ruling, and now several cruise lines no longer hire crew from Brazil. According to a crew member, the cruise lines that don’t hire Brazilian crew include NCL, Virgin Voyages, Royal Caribbean, Celebrity Cruises and Silversea. The crew member said that other cruise lines fired some Brazilian crew involved in this case.

It all began in April 2023, when a group of Brazilian crew members took their case to court, arguing that cruise lines were violating their labor rights. Brazilian law, they claimed, entitled them to better working conditions than the international standards the cruise lines were using. Typically, cruise companies apply the laws of the country where a ship is registered, but the Brazilian court decided otherwise. Citing the "center of gravity" principle—since these crew members were hired in Brazil—the court ruled that Brazilian labor laws should apply.

Later that year, Brazil's highest labor court, the Superior Labor Court, sided with eight Brazilian crew members, reinforcing that cruise companies hiring in Brazil must follow the Brazilian labor laws. Judge Cláudio Brandão noted that companies often register vessels in countries with lenient labor laws, a practice known as "flags of convenience," to avoid stricter regulations. He argued that this tactic compromises workers' rights and dignity.

According to Brazilian law, workers are entitled to whichever labor standards are most favorable. Brazil's adherence to International Labour Organization (ILO) guidelines, specifically the Maritime Labour Convention (MLC), reinforces this stance, ensuring that higher national protections apply.

A Backlash from Cruise Lines
Unfortunately, this decision led to unintended consequences. Some cruise lines responded by stopping the recruitment of Brazilian nationals altogether, questioning whether the ruling, while beneficial to Brazilian workers, came at too high a cost.

Despite this, Brazilian crew members still play a crucial part of the cruise industry and work on the cruise ships. However, following the court ruling some reportedly signed agreements, at the request of the cruise lines, waiving these legal benefits. A Brazilian crew member working for a major cruise line revealed that he had signed such a document but wasn’t given a copy. 

What Cruise Ship Life is Like Without These Rights
Cruise ship crew members typically work 70 hours a week—with little rest and no extra pay for working Sundays and holidays. Although the MLC, 2006, provides a framework for fair working conditions, including required rest periods and overtime pay, the reality often falls short due to variations in enforcement across countries. Some countries adopt only parts of these international standards, creating a complex legal landscape that often leaves crew without essential protections.

Are crew members entitled to these benefits?
It depends on each country’s collective bargaining agreements and, crucially, whether the country has fully ratified and implemented the relevant conventions. While most countries have signed the ILO Convention, many haven’t fully enforced it, creating a complex legal framework. This issue is so intricate that even maritime experts and unions often interpret the rules differently.

Is It Too Much to Ask?
Imagine if crew members received the same benefits as land workers. Fair pay, time off, and humane working conditions aren’t radical demands; they are basic rights. Many crew members are away from their families for months, working tirelessly to ensure guests have memorable vacations. Is it too much to ask that they be granted the same labor rights as those working on land?
Fair treatment for cruise ship crew is more than a legal issue—it’s a matter of basic human decency.

Photo credit: Tribunal Superior do Trabalho - TST