Marine Advisory: 12/2016 - Amendments of 2014 to the Code of the Maritime Labour Convention, 2006

Edition
12/2016
Last updated

20 September 2016

Marine Advisory 12/2016

SUBJECT: Amendments of 2014 to the Code of the Maritime Labour Convention, 2006 Dear Shipowner/Operator/Master:

This Marine Advisory provides notice of the 2014 amendments to the Maritime Labour Convention, 2006 that will enter into force on 18 January 2017. The amendments establish mandatory requirements that shipowners have financial security to cover abandonment of seafarers, as well as death and long-term disability of seafarers due to occupational injury and hazard.

The full text of the amendments is available through the link below:

http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/wcms_248905.pdf

The amendments require that a financial security system is in place which covers the following: Regulation 2.5 - Repatriation and related costs

  • up to four months outstanding wages and entitlements
  • repatriation costs
  • essential needs such as food, travel, accommodation and medical care Regulation 4.2 - Shipowners' liability
  • contractual compensation shall be paid in full and without delay
  • there shall be no pressure to accept a payment less than the contractual amount
  • if the extent of disability is difficult to assess full compensation, an interim payment shall be made
  • payment to the seafarer is without prejudice to other legal rights
  • claim may be brought directly by the seafarer, next of kin or representative
  • financial security shall not cease before the end of period of validity of insurance, unless flag State is given at least 30 days' prior notice

Vessels must carry on board a certificate or other documentary evidence of valid financial security issued by the financial security provider acceptable to the Administration. Owners may wish to contact their current financial security provider, regarding the availability of financial security to cover the new MLC amendments.

The Declaration of Maritime Labour Compliance (DMLC Parts I and II) will be amended to include the new amendments. An amended DMLC Part I will be available to:

    • all ships registering with Liberia prior to entry into force of the amendments;
    • to all other ships prior to the first renewal inspection following entry into force of the amendments; and
    • to any other ship upon request

The Liberian Administration will implement the resolution on transitional measures adopted by the Special Tripartite Committee whereby valid Maritime Labour Certificates and the Declarations of Maritime Labour Compliance will continue to be recognized until the date of the first renewal inspection following entry into force of the amendments. The full text of resolution is available through the link below:

http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---normes/documents/genericdocument/wcms_360943.pdf

Marine Notices MLC-001, MLC-003 and MLC-005 will be revised to provide guidance in implementing measures for compliance with the new amendments in the DMLC.

Requests for the amended ship specific DMLC Part I should be sent to MLC@liscr.com. The standard DMLC Part I prepared by the Administration is provided in Annex I to Marine Notice MLC-001.

Please contact us using the contact info above, if there are any questions or for more information.

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