(Guidance Note EVL/D/MLC-QMS/6/CD-104 & Regulation 1.4 of the Maritime Labor Convention on Voluntary Basis, incorporating the 2018 Amendment)
The Maritime Labour Convention (MLC) is an International Labour Organization convention, number 186, established in 2006 as the fourth pillar of international maritime law and embodies all up-to-date standards of existing international maritime labour Conventions and Recommendations, as well as the fundamental principles to be found in other international labour Conventions. The other "pillars are the SOLAS, STCW and MARPOL.
Maritime Labour Convention (MLC), according to International Labour Organisation (ILO), provides a broad perspective to the seafarer’s rights and fortification at work.
Euro Veritas Ltd, UK (www.euroVeritas.com) accreditated from BAR-UK] provides MLC 2006 Regulation 1.4 Certification of Compliance as per indigenously developed Procedure / Scheme No- EVL/D/MLC-QMS/6/CD-104, and does not have any association of any kind- direct or indirect, with any individual or Organization of any sort during the development of the Procedure Scheme- EVL/D/MLC-QMS/6/CD-104 or for Certification. Euro Veritas Ltd, UK only provides the certificate as a certificate of compliance, and should be treated as one.
MLC applies to seafarers working on board vessels whose flag sates have ratified the Convention or vessels that operate in a country that has ratified the Convention or alternatively may apply contractually, by virtue of MLC being incorporated into seafarers’ contracts of employment. The Convention deals with conditions of employment of seafarers, their working and living conditions, health and safety and welfare in general. The Convention also places an obligation on shipowners to provide assistance and support with respect to the financial consequences of sickness, injury or death occurring during the seafarers' employment.
To support implementation, the ILO has developed resources such as guidelines for port state and flag state control officers carrying out inspections and on medical examinations of seafarers; handbooks on implementing the Convention; model national legal provisions; guidelines on social security for seafarers; workshops to assist national legal counsel and officials involved with ratification and national legal implementation; and a Maritime Labour Academy at the ILO International Training Centre to provide a comprehensive range of training activities.
Advantages:
• This is happening because there are many advantages to implementing the MLC, 2006. It is in the clear interest of all countries and stakeholders of the industry who should enjoy the benefits that ratification and implementation brings.
• The MLC, 2006 contains an important new compliance and enforcement component based on a flag state ship inspection and a certification system for labour compliance as well port state control inspection.
• It protects countries that have ratified the Convention against unfair competition through the enforcement of the “no more favorable treatment” clause against ships of non-ratifying countries.
• The Convention simplifies reporting obligations for governments, will improve productivity and will contribute to safe shipping and the protection of the marine environment.
• Importantly, the MLC, 2006 opens new avenues for employment for women and youth and has a huge potential for creating jobs.
• The 2018 amendments to the MLC, 2006 has brought about a change to the seafarer's employment agreement (SEA)where it will continue to have effect and wages and 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. This is regardless of whether the date fixed for the SEA's expiry has passed or any notice to terminate it has been issued.
•The amendments will enter into force on 26 December 2020.
The 2018 amendment provides that:
• Seafarers’ contracts will remain in effect while they are held captive. This is regardless of whether the seafarer's employment contract has expired or whether a party to the contract has given notice to suspend or terminate it. (Standard A2.1.7)
• Seafarers’ wages and other entitlements under employment contracts, collective bargaining agreements or applicable national laws, will continue to be payable during the entire period of captivity and until the seafarer is released and duly repatriated or, in the event of death in captivity, until the date of death or the date of presumed death. (Standard A2.2.7)
• Right to repatriation will not be lost even if not claimed within a reasonable time, in circumstances where the seafarers are being held captive. (Guideline B2.5.1.8).
