New Amendments Maritime Labour Convention

New Amendments to the Maritime Labour Convention 

MLC 2006, referred to as the “Seafarers Bill of Rights”, is an ILO convention designed to protect seafarers’ rights and uphold minimum living and working standards. 2018 Amendments to the Maritime Labour Convention 2006 (MLC) came into force on 26th December 2020. By aiming to provide employment certainty and financial protection when seafarers are prevented from fulfilling their contractual duties whilst being held captive on or off the ship as a result of acts of piracy or armed robbery against ships.

The 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)

 Special Tripartite Meeting of the MLC, 2006 from 5 to 13 May 2022.

If approved they should enter into force by December 2024.The amendments they agreed will ensure that:

• Seafarers have appropriately-sized personal protective equipment, in particular to suit the increasing number of women seafarers;
•   good quality drinking water is available free of charge for seafarers;
•   States further facilitate the prompt repatriation of abandoned seafarers;
•   States provide medical care for seafarers in need of immediate assistance and facilitate the repatriation of the remains of seafarers who have died on board;
•  seafarers are provided with appropriate social connectivity by shipowners and States provide internet access in their ports;
•  seafarers are informed of their rights relating to the obligation of recruitment and placement services to compensate seafarers for monetary losses; and
•  all deaths of seafarers are recorded and reported annually to the ILO and the relevant data is published.

 Special Tripartite Committee adopted a number of resolutions related to

1] bullying and harassment of seafarers, including sexual assault and sexual harassment;

2] the financial security system to protect seafarers in cases of abandonment

3] the need to adopt measures to ensure that all seafarers have adequate means of contractual redress against shipowners.

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