Maritime Labour Convention 2006
Areas of Change.
Very few changes Seafarer s rights stated (Art. IV) Seafarer Employment Agreements, Financial security for repatriation, Certification of cooks, Financial security for compensation, Certification, Port state control, Seafarer complaints.
Seafarer s 4 key rights (Art IV) Right to a safe and secure workplace that complies with safety standards. Right to fair terms of employment. Right to decent working and living conditions. Right to health protection, medical care, welfare measures and other forms of social protection.
Seafarer s Employment Agreements Concept existed before articles, Now modernised Individual contracts, Minimum content, Shipowner identified, Agreed in controlled circumstances. Min notice periods.
Financial security for repatriation, New concept Shipowner must provide proof of financial security for repatriation. Seafarer must have access to the security at need,
Repatriation, Amended at the 2014 Special Tripartite Committee meeting to include a definition of abandonment and further requirements on the financial security.
Abandonment, Before the 2014 amendments repatriation was available on contract termination, or seafarer unable to continue, etc. Amendments introduce another reason for entitlement abandonment. Occurs when the shipowner Fails to cover the cost of repatriation Has left the seafarer without the necessary maintenance and support, or Has unilaterally severed ties with the seafarer including failure to pay contractual wages for at least 2 months.
Abandonment, necessary maintenance and support Includes: Adequate Food, Adequate Accommodation, Adequate Drinking water supplies, Essential fuel for survival on board, Necessary medical care.
Certification of cooks, Previously covered by the Certification of Ship s Cooks Convention 1946 (N0. 69) Now includes a mandatory requirement for cooks to be trained and certificated,
Financial security for compensation, Was not previously a requirement introduced as a mandatory requirement by the MLC. Levels of compensation are not defined. 2014 amendments expanded on the system and require the shipowner to provide documentary evidence of the financial security and the system must provide: adequate cover Direct access to seafarers and their beneficiaries. Fast payment including interim payments.
Certification, New in the MLC. Maritime Labour Certificate. 5 years. Interim inspection. Declaration of maritime Labour Compliance 1 Declaration of Maritime Labour Compliance - 2
Port State Control, Now allowed for in the MLC, Certification to be accepted as prima facie evidence of compliance If documents missing or incorrect, clear evidence of non conformance, reasonable grounds to believe the ship has changed flag to avoid the MLC, or there is a complaint a more detailed inspection may be carried out. If a complaint the inspection is limited to the substance of the complaint If conditions on board are hazardous to health or safety or the breach constitutes a serious or repeated breach the ship can be detained.
Seafarer complaints, Two elements; 1. The shipowner must provide a complaints procedure on board and must advise the seafarers of it and how to use it. A seafarer now has a right to take an unresolved complaint to the Flag State competent authority. 2. Authorised officer in any port MUST undertake an initial investigation into any complaint made by a seafarer or on behalf of a seafarer on a visiting ship.