Maritime Labour Convention – Club briefing (Editorial - 2nd December 2010)
The Club has published its latest Legal Briefing "Comprehensive rights and protection at work
" reviewing the Maritime Labour Convention (MLC) and explaining the implications for Members of its adoption into national labour laws.
The MLC is a single, consolidated convention that provides comprehensive rights and protection at work for more than 1.2 million seafarers worldwide. It consolidates and updates more than 65 international labour standards relating to seafarers adopted over the last 80 years and, importantly, for the first time, it creates a system of certification and inspection to enforce those standards.
Thirty member states with a total share in the world gross tonnage of ships of 33 per cent are required to ratify the convention for it to come into force. The ten states who have so far ratified already satisfy that minimum tonnage requirement.
Although it is unlikely that the MLC will come into force before 2012, Members should start taking steps now to ensure that they are prepared once the Convention is fully ratified and becomes effective.
P&I Club cover will respond to the majority of the requirements but has significant gaps and will not cover, for instance, repatriation after insolvency and claims for unpaid wages, nor will it respond directly to seafarers' claims for compensation as
opposed to indemnifying the owner.
The MLC represents a significant change to the regulation of employment terms and working conditions for seafarers. For example, Masters and senior officers will need to be trained in ensuring that the ship is compliant with the MLC including dealing with crew complaints and monitoring working time limits.
The Legal Briefing suggests a number of action steps for Members to initiate this process, in close consultation with their legal advisors.
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Under the International Labour Organization’s Maritime Labour Convention (MLC), port states must ensure that seafarers on board ships in their territory who are in need of immediate medical care are given access to medical facilities on shore.
The People’s Republic of China ratified the Maritime Labour Convention 2006 (“MLC”) on 12 November 2015, which was the 68th State to ratify the Convention. The Convention came into force in China on 12 November 2016, one year after the ratification.
The UK Club Correspondent, GAC Shipping Ltd, would like to remind Members of the commencement of bulk crew changes of international seafarers from 22nd December 2020, through the Offshore Crew Transit Hub (OCTH) operated by a Public-Private-Partnership (PPP).
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.