Marine Advisory: 32/2020 - Compliance with Amendments of 2018 to Maritime Labour Convention, 2006, as amended (MLC, 2006)

SUBJECT: Compliance with Amendments of 2018 to Maritime Labour Convention, 2006, as amended (MLC, 2006)

Reference:

1. ILC.107/Amendments of 2018 to MLC, 2006
2. Marine Notice MLC-003

Dear Shipowner/Operator/Master:

The purpose of this Marine Advisory is to remind Owners, Operators and Masters that the 2018 amendments to MLC, 2006 enter into force on 26 December, 2020. The amendments have been incorporated into the July 2020 revised Marine Notice MLC-003 in reference b) and available on at www.liscr.com.

Background

At the third meeting of the Special Tripartite Committee established by the Governing Body in accordance with Article XIII of the MLC, 2006, amendments to MLC 2006 related to seafarers’ employment agreements, payment of wages and repatriation of seafarers while a seafarer is held captive on or off the ship were adopted on 27 April, 2018.

The amendments were approved at the 107^th session of the International Labour Conference held in June 2018 and ensure that seafarers held captive on or off a ship as a result of piracy or armed robbery continue to receive their wages.

Definitions

The terms piracy and armed robbery against ships shall have the same meaning as in section 2. of Marine Notice MLC-003.

Implementation

Owners, Operators and Masters shall ensure on and after 26 December, 2020:

1. seafarers’ employment agreements continue to have effect while a seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships, regardless of whether the date fixed for its expiry has passed or either party has given notice to suspend or terminate it; and

1. wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated in accordance with Standard A2.5.1 or, where the seafarer dies while in captivity, until the date of death as determined in accordance with applicable national laws or regulations.

The amendments shall be incorporated into the Maritime Labour Certificate (ML Certificate) and the declaration of maritime labour compliance (DMLC) no later than the date of the first renewal inspection following entry into force of the amendments.

An amended DMLC Part I is available for:

• 1. all ships registering with Liberia prior to and after entry into force of the amendments;

• 1. all other ships prior to the first renewal inspection following entry into force of the amendments; and

• 1. upon request and payment of the reissuance fee.

For more information, please contact Regulations and Standards at RegsandStandards@liscr.com or telephone +1 703 790 3434.

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