MLC 2006 deadline approaching
As the 20th August 2013 deadline for Maritime Labour Convention compliance is less than six months away the Club continues to build its resources for Members.
Our website section 'Maritime Labour Convention (MLC2006)
' is collating the notices and advices from ratifying states on the impending effects of their national laws on shipowners and operators in this area. Circular 8/13 was added to the collection which includes an updated set ofClub FAQs
explaining potential developments on cover in relation to repatriation of seafarers. The Legal Briefing "Comprehensive rights and protection at work
" reviews the Maritime Labour Convention (MLC) and explains the implications for Members of its adoption into national labour laws.
In addition, the International Shipping Federation's (ISF) guide publication“Guidelines on the Application of the ILO Maritime Labour Conventions (2nd edition)”
and the Lloyds Register/UK Club“ILO MLC pocket checklist”
has been mailed to all Members. An equivalent 'app' of the checklist can also be downloaded for use on smartphones and tablets.
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.
As an international legal instrument MLC 2006 does not apply directly to shipowners. Like all international law, it relies on implementation by countries through their national laws or other measures. It is these national laws that will apply to shipowners, seafarers and ships.
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.
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.
The Club will continue to develop various resources to support Members in respect of MLC 2006 compliance and publish them via this special area of the website. If you have any suggestions on how this information can be made more useful please email them to thewebsite editor
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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.
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.