Maritime Labour Convention - are you compliant?
From 18th January 2017 all merchant ships of 500 gross tons or over flagged to a ratifying state and, engaged in international voyages will need to show compliance by carrying a Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Details of States which are party to MLC can be found in the MLC Database maintained by the International Labour Organisation.
Ratifying states will also be required to incorporate MLC compliance as part of their Port State control. Every foreign ship calling, in the normal course of its business or for operational reasons, in the port of an ILO Member may be inspected to review compliance with the Convention in respect of the working and living conditions of seafarers on the ship.
A few Members have yet to apply for MLC certificates. The process of applying for certificates can be found here.
In Summary, the application process is:
- Before applying for MLC certificates Members must be up to date with premium payments.
- Members may apply for MLC Certificates, using the Application Form on our website, on a per vessel or per fleet basis.
- Renewing Members may obtain MLC Certificates valid from 18 January 2017 until 20 February 2018. In this instance, the UK P&I Club will issue 2 sets of Certificates at the same time. The first covering period 18-01-2017 to 20-02-2017 and then another covering 20-02-2017 to 20-02-2018.
- New Members' Certificates run from 20 February 2017 - 20 February 2018 (or from date of attachment.)
- Members wishing to have MLC Certificates for the 2017 policy year prior to having agreed renewal will need to provide the Club with relevant undertakings, as specified in the application form, which must be signed and dated.
Once completed, the application must be submitted to:firstname.lastname@example.org
or your usual underwriting contact.
The Certificates will be sent to Members by their Clubs in PDF format based upon the wordings in Annexes 1 and 2 of this circular. Members must then print the Certificates and ensure that they are posted in a conspicuous place on board where they are available to seafarersno later than 18 January 2017.
Once the Certificates are issued, they will be recorded on the ship search facility on the Club's website.
Members who intend to renew their P&I Cover with the UK Club at 20th February 2017 will be able to obtain certificates which are valid up to 20th February 2018.
Members requiring further information should contact their usual underwriting contact
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The 2018 amendments to the MLC, 2006 will bring about a change to a seafarer's employment agreement (SEA) where it shall continue to have effect and wages shall continue to be paid while a seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships.
The ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) notes with deep concern the challenges and the impact that restrictions and other measures adopted by governments around the world to contain the spread of the COVID-19 pandemic has had on the protection of seafarers’ rights as laid out in the Convention.