MLC: ‘Much Ado About
Nothing?’
Julia Constantino Chagas Lessa
PhD candidate City University London
Index
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MLC
Abandonment Definitions
Abandonment of Seafarers Vs MLC
Conclusion
MLC
Fourth Pillar
of Quality Shipping
Seafarers’ Bill Of Rights
The MLC
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Complements SOLAS, STCW and MARPOL
Consolidation of 68 ILO instruments
Entered into force on the 20th of August 2013
Minimum Rights for Seafarers
Structure
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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 Code
More 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
States
Flag
States
Labour
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 I Proposal 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 I Proposal 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
Repatriation
Section 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
Accommodation
Title 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!