When will MLC 2006 come into force?
MLC 2006 shall come into force 12 months after the date on which there have been registered ratifications by at least 30 Member states with a total share in the world gross tonnage of ships of 33%.
The Convention has now been ratified by 30 ILO Member States, the latest being Russia and the Philippines. The tonnage requirement of at least 33% has also been well exceeded. The Convention will therefore come into force in August 2013.
Who is protected by the MLC, 2006?
Seafarers- Seafarers are defined as “all persons who are employed or are engaged or work in any capacity on board a ship to which the Convention applies”.
What ships does the MLC 2006 apply to?
The Convention will apply to all ships, whether publicly or privately owned, ordinarily engaged in commercial activities, other than ships engaged in fishing or in similar pursuits and ships of traditional build such as dhows and junks. This Convention does not apply to warships or naval auxiliaries. A “ship” is defined as a ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters [see ILO FAQ, B6] or areas where port regulations apply [see also ILO FAQ, B4 to B13]
What are the key liabilities and responsibilities of shipowners vis-à-vis seafarers under the Convention?
The MLC provides, amongst other things that Member States shall ensure that seafarers on vessels flying their flag are entitled to:
a) Repatriation, including repatriation in cases of a shipowner’s insolvency (effectively abandonment) etc (Regulation 2.5. Standard A2.5.1 (b) and Guideline B2.5.1 (b) (iii) of the MLC) and for which financial security must be in place;
b) Unemployment compensation resulting from a ship’s loss or foundering. This should be paid for the days during which the seafarer remains in fact unemployed at the same rate as the wages payable under the employment agreement, but the total indemnity payable to any one seafarer may be limited to two months’ wages.
c) Compensation in the event of death or long term disability due to an occupational injury, illness or hazard as set out in national law, the seafarer’s employment agreement or collective agreement (Regulation 4.2, Standard A4.2 (b)) and for which the shipowner must provide financial security.
Who is the “shipowner” under the MLC 2006?
Shipowner is defined under the MLC as “the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with this Convention, regardless of whether any other organization or persons fulfil certain of the duties or responsibilities on behalf of the shipowner”.
What defences are there for shipowners under the MLC?
Shipowners are only afforded the following limited defences under the MLC:
In the case of repatriation, where the seafarer is in ‘serious default’ of his employment obligations [Standard A.2.5.3]
In the case of Seafarers’ sickness, injury or death occurring in connection with their employment, where
(a) injury incurred otherwise than in the service of the ship;
(b) injury or sickness due to the wilful misconduct of the sick, injured or deceased seafarer; or
(c) sickness or infirmity intentionally concealed when the engagement is entered into. [Standard A.4.2.5]
*To be continued next week
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