MLC: ‘Much Ado About Nothing?’

Julia Constantino Chagas LessaPhD candidate City University London

Index

• MLC• Abandonment Definitions• Abandonment of Seafarers Vs MLC• Conclusion

MLC

Fourth Pillar Seafarers’ Bill Of Rightsof Quality Shipping

The MLC

• Complements SOLAS, STCW and MARPOL• Consolidation of 68 ILO instruments• Entered into force on the 20th of August 2013• Minimum Rights for Seafarers

Structure

• Preamble• articles• Code• Regulations• Appendices

Preamble

Justifies the creation of the convention

Articles

Outlines the responsibility and obligations of contracting states.

16 Articles:• General principles• Obligations• Rights• Provisions relating to the legal aspects of the operation

and application of the convention

Regulations and CodeMore specific Principles and Obligations.

Code

• Minimum requirements for seafarers to work on a ship;

• Conditions of Employment• Accommodation, Recreational Facilities, food

and catering• Health protection, medical care, welfare and

social security protection• Compliance and Enforcement

Code

Compliance and Enforcement – Effective systems of certification and inspection

Port Flag Labour States States Supplying States

Problems

• Guidelines• ‘Prima Facie’ Evidence

Abandonment

Definition 2.3 IMO Resolution A.930 (22) “Guidelines on Provision of Financial Security in Cases of Abandonment of Seafarers”

“Abandonment is characterised by the severance of ties between the shipowner and the seafarer. Abandonment occurs when the shipowner fails to fulfil certain fundamental obligations to the seafarer relating to timely repatriation and payment of outstanding remuneration and to provision of the basic necessities of life inter alia adequate food, accommodation and medical care. Abandonment will have occurred when the master of the ship has been left without any financial means in respect of ship operation”.

Appendix IProposal for the text of an amendment to the Maritime Labour Convention, 2006, to be presented to the future Special Tripartite Committee with a view to adoption in accordance with Article XV of the Maritime Labour Convention, 2006. 5“(…) in violation of the requirements of this Convention or the terms of the seafarers’ employment agreement, the shipowner:(a) fails to cover the cost of the seafarers’ repatriation; or(b) has left the seafarer without the necessary maintenance and support; or(c) has otherwise unilaterally severed their ties with the seafarer including failure to pay contractual wages for a period of at least two months.”

Abandonment Vs MLC

Financial Security for abandonment cases, a MLC creation?

IMO Resolution A.930 (22) “Guidelines on Provision of Financial Security in Cases of Abandonment of Seafarers”

• the expenses of repatriation of the seafarers, which are to met with no cost to the seafarer;

• the maintenance of the seafarer from the time of abandonment to the time of arrival at the place of repatriation;

• payment to the seafarer of all outstanding remuneration and contractual entitlements; and

• payment to the seafarer of any other expenses incurred in the period of abandonment, arising from the abandonment

Appendix IProposal for the text of an amendment to the Maritime Labour Convention, 2006, to be presented to the future Special Tripartite Committee with a view to adoption in accordance with Article XV of the Maritime Labour Convention, 2006. S. 10

• outstanding wages and other entitlements due from the shipowner to the seafarer under their employment agreement, the relevant collective bargaining agreement on the national law of the flag state, limited to four months of any such outstanding wages and four months of any such outstanding entitlements;

• all expenses reasonably incurred by the seafarer, including the cost of repatriation in accordance with paragraph 11; and

• the cost of necessary maintenance and support from the act or omission constituting abandonment until the seafarers’ arrival at home

The Difference!!!

Seafarers to have direct access to the funds!!!

MLC Provisions• Accommodation• wages • repatriation

Wages

Regulation 2.2 - places a responsibility on member States to ensure that seafarers working on ships flying its flags are paid monthly and in accordance with collective agreement, that they receive accounts monthly accounts of the payments due and that they are provided with means to send their earning to their families, dependants or legal beneficiaries

RepatriationSection 2.5 – It provides that seafarers have the right to be repatriated at no cost to themselves, except when the seafarer in found to be in serious default of it obligations according to national laws and collective bargaining agreements

MLC Section 2.5

ILO C166 - Repatriation of Seafarers Convention 1987.

ILO C166 - Repatriation of Seafarers Convention 1987.

ILO C23 – Repatriation of Seamen Convention 1926

Novelty

Flag States to provide for Financial Security

AccommodationTitle three - provides that each member state shall ensure that ships flying its flags provide and maintain decent living accommodations and recreational facilities for seafarers by adopting laws and regulations requiring the shipowner to comply with minimum standards for safe and decent living accommodation.

• Did the MLC bring anything new to table?

• Will the MLC really make such a big difference as acclaimed by its proponents?

Thank you!