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Civilian Workers on Naval Vessels: Employment Rights Explained

  • Amy Wilson
  • Feb 9
  • 9 min read


When you think about naval vessels, you picture sailors employed by the United States Navy operating navy ships to protect national security on and under the sea. However, for as long as the United States Navy has been around, there have also been civilian workers employed to build, maintain, repair, clean, and perform other crucial tasks.


Their employment rights differ from those of active-duty military. While sailors are governed by the Uniform Code of Military Justice, civilian workers are governed by federal civil service regulations. Civilian worker employment rights can be complex, but they are crucial to understand due to their unique working conditions, historical workplace risks, and legal protections. In this article we will first discuss the USA perspective followed by the Canadian One.

An Article from Our Guest Writer


Asbestos on Navy Ships and Its Role in Workplace Safety


The presence of asbestos on navy ships has highlighted one of the many reasons why we have workplace safety for civilian employees in the first place. Asbestos was used in shipbuilding and maintenance because it’s heat-resistant and durable. Civilian workers used to encounter it and work with it without protective equipment or even warnings about its hazards.


These days, we better understand asbestos exposure, and it has become a fundamental example of the importance of robust employment rights and safety regulations. This single natural material has helped us improve our risk assessments, employer accountability, and occupational health laws.


Fortunately, asbestos is no longer widely used, but its lingering presence reminds us of the need for protective measures in potentially hazardous working environments.


The USA Perspective



Who Are Civilian Workers?




Civilian employees on a naval vessel differ from sailors with the United States Navy. They are non-military employees typically hired by government departments, private contractors, or shipyards. Unlike sailors, they aren’t subject to military command structures. Instead, they fall under civilian employment law. You may be surprised by the sheer number of civilian employees on naval vessels, including:


  • Engineers and technicians

  • Electricians

  • Mechanics

  • Shipbuilders

  • Ship repair specialists

  • Ship inspectors

  • Quality control staff

  • Cleaning and maintenance workers


In most cases, these employees work on active or docked naval vessels, in shipyards, or during refits or overhauls. Even though they’re civilians, they’re involved with heavy machinery and confined spaces and must work under strict operational procedures.


What Rights Do Civilian Workers On Naval Vessels Have?


Employers want to avoid being on the wrong side of employment law, which is why it’s crucial for them to understand the rights of civilian workers on naval vessels. One of the most fundamental rights afforded to civilian workers is the right to a safe working environment.


All rights are designed to protect their health, safety, and well-being. Employers must identify hazards, such as asbestos, ensure compliance with all safety standards, and provide training. Other crucial employment rights include:


  • Access to training and safety instruction

  • Fair wages

  • Lawful working hours

  • Job security and contractual protections

  • Protection from unfair treatment and workplace discrimination

  • The right to report unsafe working conditions


Whether the civilian worker is aboard a naval vessel at sea or docked, these rights apply regardless.


How Are Health, Safety, and Risks Managed?



Photo by Pop & Zebra  on Unsplash


Given the nature of the tasks civilian workers perform aboard naval vessels, health, safety, and risk management are crucial. Without safety measures and plans in place, there can be a serious risk of injury and even death.


Employment regulations require employers to conduct risk assessments, maintain their equipment, and provide PPE when required. These measures are intended to address a range of hazards, including loud noise, chemicals, heavy equipment, and confined spaces. Exposure to asbestos in the past has undoubtedly contributed to more robust safety standards.


Most Common Employment Issues on Naval Vessels


Most employment issues affecting civilian workers on Navy ships involve: 


  • High turnover and labor shortages due to factors such as the commercial sector paying better for civilian mariners and not being able to hire mariners fast enough to replace those leaving.

  • Work-life balance and demanding conditions: civilian workers often face long periods at sea in challenging conditions, leading to fatigue and strained family relationships.

  • Compensation and contractual disputes, with unions stating that pay increases haven’t kept up with inflation, and concerns about whether pay complies with minimum wage laws.

  • Health, safety, and environmental hazards, including exposure to extreme temperatures, air pollution, vibration, and the risk of slips, falls, and injuries when operating heavy equipment at sea.


Compensation and Legal Protections




If you’re a civilian worker aboard a Navy vessel, working in some sometimes-challenging conditions, you want to be sure that you’re protected in the event of an illness or injury. Civilian workers who are injured or ill may be entitled to compensation, as employment laws allow them to seek remedies for occupational illnesses, unsafe working conditions, and workplace injuries. In most cases, civil workers can seek compensation in the form of:


  • Lost wages

  • Medical costs

  • Rehabilitation expenses

  • Long-term disability support


If employers don’t meet safety or contractual obligations, workers may also have legal options to ensure fairness and accountability.


The Canadian Perspective



Introduction: The "Two-Track" Legal Reality



Civilian Rights on the High Seas: A Legal Primer for DND Employees - Jurisdiction and Rights of Civilian Mariners & Dockyard Staff


If you walk onto a Canadian naval vessel, you are stepping into a complex intersection of three different legal worlds: Military Law (which does not apply to you), Private Maritime Law (which applies to contractors), and Public Service Law (which applies to DND employees).


To understand your rights, you must first ignore the Canada Labour Code (Part I). As a direct employee of the Department of National Defence (DND), your employment is not governed by the same rules as a private sailor on a Maersk container ship. You operate under a unique statutory regime.


Part I: Your Status — "Public Servant" vs. "Contractor"


The most critical distinction is the identity of your employer.


1. The DND Employee (The Public Servant)

If your pay stub says "Government of Canada" or "Department of National Defence," you are a Public Servant.


  • The Law: You are appointed under the Public Service Employment Act (PSEA).

  • The Right: You have "tenure." You cannot be fired at will. The government must prove "cause" (misconduct) or "lack of work" (layoff) through a rigorous, regulated process.


2. The Private Contractor (The Merchant Mariner)

If you work on a leased vessel like the MV Asterix, you are likely an employee of a private entity (e.g., Federal Fleet Services).


  • The Law: You are fully subject to the Canada Labour Code.

  • The Right: Your rights are similar to any private sector unionized employee (e.g., Seafarers' International Union).


a. The Legal Authority: The Canada Labour Code



Unlike DND employees, private contractors are governed by the Canada Labour Code (CLC) in its entirety. Because "navigation and shipping" is a federally regulated industry under the Constitution, you do not follow provincial laws (like the Ontario ESA).


  • Part I (Industrial Relations): You have the full right to join a union and strike. Many in this group are represented by the Seafarers' International Union (SIU).

  • Part III (Labour Standards): This sets your absolute minimums for overtime, vacation (4% or 6% depending on years of service), and statutory holidays.


The "Private Contractor" (Group 2) has a more traditional employer-employee relationship but lacks the permanent "Public Servant" status of Group 1. However, because they fall under the Canada Labour Code, they have access to powerful federal tools such as a claim for unjust dismissal (for federal non-unionized workers) and grievance (for federal unionized workers) for resolving pay disputes and safety concerns that are often faster than the public service grievance machine.


b. Status: "Employee" vs. "Independent Contractor"



If you are a Group 2 worker, the law looks closely at whether you are a true "independent" or a "dependent employee."


  • Dependent Employee: You work exclusively for the contractor (e.g., Federal Fleet Services), use their equipment, and follow their schedule. You are entitled to the full protections of the Canada Labour Code.

  • Independent Contractor: If you are a specialized consultant (e.g., a software engineer for a weapons system) who invoices the company, you may have very few labour protections beyond what is written in your specific commercial contract.


c. Safety: The Maritime Standard


Both DND employees and Private Contractors are unified under one safety law while at sea: the Maritime Occupational Health and Safety Regulations.


  • This covers everything from crew accommodation (Part 3) to noise protection (Part 12).

  • Even if your employer is private, the ship must meet these federal safety standards to operate in Canadian waters.



Summary Table: Which Track Are You On?

Feature

Group 1: DND Civilian

Group 2: Private Contractor

Primary Law

Public Service Employment Act

Canada Labour Code

Union Status

Often Unionized (or "Excluded")

Often Unionized (SIU / Guild)

Protections

Statutory (Strong "Quasi-Union")

Contractual & CLC Minimums

Fired?

Appeal to FPSLREB

File "Unjust Dismissal" via CLC

Pay Basis

Treasury Board Pay Scales

Market Rates / Collective Agreement

The rest of our discussion focuses on Group 1 (DND Employees), as this is where the legal complexity—and the "quasi-union" status—lies.



Part II: The "Quasi-Union" Status (Excluded Employees)


You asked if non-unionized DND employees have "quasi-union" status. The answer is a definitive yes. In the federal government, we call these "Excluded" or "Unrepresented" positions.


While you do not pay union dues, the government manages you using a "Shadow Contract" system. They legally mirror the benefits of the unionized workers to ensure you are not disadvantaged for taking a management or confidential role.


1. The "Shadow Contract" (The Directive)

Because you cannot sign a Collective Agreement, the Treasury Board issues a binding policy that forces them to give you specific benefits.


2. The "Me-Too" Pay Clauses


When the union wins a raise, you usually get it too. This is to prevent "wage compression." Below are the specific "shadow" links for the most common naval civilian roles.


A. Ships' Officers (SO) - Masters, Mates, Engineers

  • The Union Counterpart: Canadian Merchant Service Guild (CMSG).

  • Your "Shadow" Pay: If you are an excluded Captain or Chief Engineer, your pay rates are locked to the SO-MAO (Marine Operations) group.

  • Reference: Rates of Pay for Excluded Ships' Officers (SO)


B. Ships' Crews (SC) - Deckhands, Cooks, Engine Ratings

C. Dockyard Trades & Techs (SR, EG, GT)



Part III: Dispute Resolution — The "Court" of Last Resort


This is the strongest evidence of your "quasi-union" status. If you are suspended, demoted, or terminated, you do not sue in a regular civil court.


You have the statutory right to access the Federal Public Sector Labour Relations and Employment Board (FPSLREB).


  • What it is: A specialized independent tribunal that hears labour disputes.

  • The Difference:

    • Unionized Employee: The Union represents them for free.

    • Excluded Employee: You may represent yourself or hire a lawyer at your own expense.

  • The Authority: Federal Public Sector Labour Relations Act, Section 209.



Summary Table: Your Legal toolkit

Topic

The Governing Authority (Click to Access)

Your Employment Status

Public Service Employment Act (PSEA)

Your Labour Rights

Federal Public Sector Labour Relations Act

Your Safety Rights

Canada Labour Code (Part II only)

Your "Shadow Contract"

Directive on Terms and Conditions for Excluded Employees


You are a Public Servant first and a mariner second. Even without a union card, the Public Service Employment Act wraps you in a layer of protection that private sector employees do not possess. You have the rights of a union member, but you bear the cost of enforcing them yourself.


Civilian workers aboard naval vessels are integral to naval operations. With that in mind, the utmost importance needs to be placed on workplace safety, fair treatment, and access to compensation. By understanding and exercising their rights, civilian workers can be better protected during their everyday work and after their service.


Relevant Articles of Interest:



Whether you are an employer or an employee, you may want to consult with an experienced employment law firm, such as HTW Law, to learn about your employment law rights and obligations and your legal options.

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With the right legal support, employees and employers alike can navigate the complex employment law issues towards a more equitable and respectful work environment. 

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You don't have to fight the battle alone. Speaking with an employment lawyer who is familiar with the laws and regulations regarding the different facets of employment law such as workplace harassment, disability discrimination, wrongful dismissal, constructive dismissal , employment contract will go a long way. If you are in doubt, it's essential that you reach out for help as soon as possible right away.


Click here to contact HTW Law - Employment Lawyer for assistance and legal consultation.

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Author Bio:


Amy Wilson is a freelance writer and content strategist with a passion for crafting engaging stories and insightful articles. With years of experience across industries, she specializes in creating compelling content that connects with readers. When she's not writing, Amy enjoys exploring new ideas, traveling, and diving into a good book.



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