Maritime Labour Convention, 2006, as amended — Including 2022 amendments

Extrasele exacte din actul la care trimit ghidurile, în forma indicată la fiecare extras.

1. Guideline B2.5.3(1), Financial security; p. 40 (PDF p. 44) · limba originalului: en

   Guideline B2.5.3 – Financial security 1. In implementation of paragraph 8 of Standard A2.5.2, if time is needed to check the validity of certain aspects of the request of the seafarer or the seafarer’s nominated representative, this should not prevent the seafarer from immediately receiving such part of the assistance requested as is recognized as justified.

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2. MLC Appendix A2-I; p. 99 · limba originalului: en

   The certificate or other documentary evidence referred to in Standard A2.5.2, para-graph 7, shall include the following information: (a) name of the ship; (b) port of registry of the ship; (c) call sign of the ship; (d) IMO number of the ship; (e) name and address of the provider or providers of the financial security; (f) contact details of the persons or entity responsible for handling seafarers’ requests for relief; (g) name of the shipowner, or of the registered owner if different from the shipowner; (h) period of validity of the financial security; and (i) an attestation from the financial security provider that the financial security meets the requirements of Standard A2.5.2.

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3. MLC Appendix A4-I; p. 100 · limba originalului: en

   The certificate or other documentary evidence of financial security required under Standard A4.2.1, paragraph 14, shall include the following information: (a) name of the ship; (b) port of registry of the ship; (c) call sign of the ship; (d) IMO number of the ship; (e) name and address of the provider or providers of the financial security; (f) contact details of the persons or entity responsible for handling seafarers’ con- tractual claims; (g) name of the shipowner, or of the registered owner if different from the shipowner; (h) period of validity of the financial security; and (i) an attestation from the financial security provider that the financial security meets the requirements of Standard A4.2.1.

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4. MLC art. II(1)(f)-(j), (2)-(4); pp. 3-4 · limba originalului: en

   (f) seafarer means any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies; (g) seafarers’ employment agreement includes both a contract of employment and articles of agreement; (h) seafarer recruitment and placement service means any person, company, institu- tion, agency or other organization, in the public or the private sector, which is engaged in recruiting seafarers on behalf of shipowners or placing seafarers with shipowners; (i) ship means a ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regu- lations apply; (j) shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibil- ity for the operation of the ship from the owner and who, on assuming such re- sponsibility, 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. 2. Except as expressly provided otherwise, this Convention applies to all seafarers. 3. In the event of doubt as to whether any categories of persons are to be re- garded as seafarers for the purpose of this Convention, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned with this question. 4. Except as expressly provided otherwise, this Convention applies 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.

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5. MLC art. V(2)-(7); p. 5 · limba originalului: en

   2. Each Member shall effectively exercise its jurisdiction and control over ships that fly its flag by establishing a system for ensuring compliance with the requirements of this Convention, including regular inspections, reporting, monitoring and legal pro- ceedings under the applicable laws. 3. Each Member shall ensure that ships that fly its flag carry a maritime labour certificate and a declaration of maritime labour compliance as required by this Convention. 4. A ship to which this Convention applies may, in accordance with inter- national law, be inspected by a Member other than the flag State, when the ship is in one of its ports, to determine whether the ship is in compliance with the requirements of this Convention. 5. Each Member shall effectively exercise its jurisdiction and control over sea- farer recruitment and placement services, if these are established in its territory. 6. Each Member shall prohibit violations of the requirements of this Conven- tion and shall, in accordance with international law, establish sanctions or require the adoption of corrective measures under its laws which are adequate to discourage such violations. 7. Each Member shall implement its responsibilities under this Convention in such a way as to ensure that the ships that fly the flag of any State that has not ratified this Convention do not receive more favourable treatment than the ships that fly the flag of any State that has ratified it.

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6. MLC art. VI(1)-(2); p. 5 · limba originalului: en

   1. The Regulations and the provisions of Part A of the Code are mandatory. The provisions of Part B of the Code are not mandatory. 2. Each Member undertakes to respect the rights and principles set out in the Regulations and to implement each Regulation in the manner set out in the corres- ponding provisions of Part A of the Code. In addition, the Member shall give due consideration to implementing its responsibilities in the manner provided for in Part B of the Code.

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7. MLC Guideline B2.5.1(1)(b)(i)-(v); p. 39 · limba originalului: en

   (b) in the cases covered by Standard A2.5, paragraph 1(b) and (c): (i) in the event of illness or injury or other medical condition which requires their repatriation when found medically fit to travel; (ii) in the event of shipwreck; (iii) in the event of the shipowner not being able to continue to fulfil their legal or contractual obligations as an employer of the seafarers by reason of insol- vency, sale of ship, change of ship’s registration or any other similar reason; (iv) in the event of a ship being bound for a war zone, as defined by national laws or regulations or seafarers’ employment agreements, to which the seafarer does not consent to go; and (v) in the event of termination or interruption of employment in accordance with an industrial award or collective agreement, or termination of employment for any other similar reason.

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8. MLC Regula 2.1(1)-(3) și Standard A2.1(1); p. 25 · limba originalului: en

   1. The terms and conditions for employment of a seafarer shall be set out or referred to in a clear written legally enforceable agreement and shall be consistent with the standards set out in the Code. 2. Seafarers’ employment agreements shall be agreed to by the seafarer under conditions which ensure that the seafarer has an opportunity to review and seek advice on the terms and conditions in the agreement and freely accepts them before signing. 3. To the extent compatible with the Member’s national law and practice, sea- farers’ employment agreements shall be understood to incorporate any applicable collective bargaining agreements. Standard A2.1 – Seafarers’ employment agreements 1. Each Member shall adopt laws or regulations requiring that ships that fly its flag comply with the following requirements: (a) seafarers working on ships that fly its flag shall have a seafarers’ employment agreement signed by both the seafarer and the shipowner or a representative of the shipowner (or, where they are not employees, evidence of contractual or similar arrangements) providing them with decent working and living conditions on board the ship as required by this Convention; (b) seafarers signing a seafarers’ employment agreement shall be given an opportu- nity to examine and seek advice on the agreement before signing, as well as such other facilities as are necessary to ensure that they have freely entered into an agreement with a sufficient understanding of their rights and responsibilities; (c) the shipowner and seafarer concerned shall each have a signed original of the seafarers’ employment agreement; (d) measures shall be taken to ensure that clear information as to the conditions of their employment can be easily obtained on board by seafarers, including the ship’s master, and that such information, including a copy of the seafarers’ employment agreement, is also accessible for review by officers of a competent authority, including those in ports to be visited; and (e) seafarers shall be given a document containing a record of their employment on board the ship.

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9. MLC Regula 2.2(1) și Standard A2.2(1)-(3); p. 27 · limba originalului: en

   1. All seafarers shall be paid for their work regularly and in full in accordance with their employment agreements. Standard A2.2 – Wages 1. Each Member shall require that payments due to seafarers working on ships that fly its flag are made at no greater than monthly intervals and in accordance with any applicable collective agreement. 2. Seafarers shall be given a monthly account of the payments due and the amounts paid, including wages, additional payments and the rate of exchange used where payment has been made in a currency or at a rate different from the one agreed to. 3. Each Member shall require that shipowners take measures, such as those set out in paragraph 4 of this Standard, to provide seafarers with a means to transmit all or part of their earnings to their families or dependants or legal beneficiaries.

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10. MLC Regula 5.2.2(1) și Standard A5.2.2(1)-(5); p. 96 · limba originalului: en

    1. Each Member shall ensure that seafarers on ships calling at a port in the Member’s territory who allege a breach of the requirements of this Convention (in- cluding seafarers’ rights) have the right to report such a complaint in order to facilitate a prompt and practical means of redress. Standard A5.2.2 – Onshore seafarer complaint-handling procedures 1. A complaint by a seafarer alleging a breach of the requirements of this Con- vention (including seafarers’ rights) may be reported to an authorized officer in the port at which the seafarer’s ship has called. In such cases, the authorized officer shall undertake an initial investigation. 2. Where appropriate, given the nature of the complaint, the initial investiga- tion shall include consideration of whether the on-board complaint procedures provided under Regulation 5.1.5 have been explored. The authorized officer may also conduct a more detailed inspection in accordance with Standard A5.2.1. 3. The authorized officer shall, where appropriate, seek to promote a resolution of the complaint at the ship-board level. 4. In the event that the investigation or the inspection provided under this Standard reveals a non-conformity that falls within the scope of paragraph 6 of Standard A5.2.1, the provisions of that paragraph shall be applied. 5. Where the provisions of paragraph 4 of this Standard do not apply, and the complaint has not been resolved at the ship-board level, the authorized officer shall forthwith notify the flag State, seeking, within a prescribed deadline, advice and a corrective plan of action.

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11. MLC Standard A1.4(5)(b)-(c); p. 21 · limba originalului: en

    (b) require that no fees or other charges for seafarer recruitment or placement or for providing employment to seafarers are borne directly or indirectly, in whole or in part, by the seafarer, other than the cost of the seafarer obtaining a na- tional statutory medical certificate, the national seafarer’s book and a passport or other similar personal travel documents, not including, however, the cost of visas, which shall be borne by the shipowner; and (c) ensure that seafarer recruitment and placement services operating in its territory: (i) maintain an up-to-date register of all seafarers recruited or placed through them, to be available for inspection by the competent authority; (ii) make sure that seafarers are informed of their rights and duties under their employment agreements prior to or in the process of engagement and that proper arrangements are made for seafarers to examine their employment agreements before and after they are signed and for them to receive a copy of the agreements; (iii) verify that seafarers recruited or placed by them are qualified and hold the documents necessary for the job concerned, and that the seafarers’ employ- ment agreements are in accordance with applicable laws and regulations and any collective bargaining agreement that forms part of the employment agreement; (iv) make sure, as far as practicable, that the shipowner has the means to protect seafarers from being stranded in a foreign port; (v) examine and respond to any complaint concerning their activities and advise the competent authority of any unresolved complaint; (vi) establish a system of protection, by way of insurance or an equivalent ap- propriate measure, to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them, and ensure that seafarers are informed, prior to or in the process of engagement, of their rights under that system.

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12. MLC Standard A2.1(4); p. 26 · limba originalului: en

    4. Each Member shall adopt laws and regulations specifying the matters that are to be included in all seafarers’ employment agreements governed by its national law. Seafarers’ employment agreements shall in all cases contain the following particulars: (a) the seafarer’s full name, date of birth or age, and birthplace; (b) the shipowner’s name and address; (c) the place where and date when the seafarers’ employment agreement is entered into; (d) the capacity in which the seafarer is to be employed; (e) the amount of the seafarer’s wages or, where applicable, the formula used for cal- culating them; (f) the amount of paid annual leave or, where applicable, the formula used for calcu- lating it; (g) the termination of the agreement and the conditions thereof, including: (i) if the agreement has been made for an indefinite period, the conditions enti- tling either party to terminate it, as well as the required notice period, which shall not be less for the shipowner than for the seafarer; (ii) if the agreement has been made for a definite period, the date fixed for its expiry; and (iii) if the agreement has been made for a voyage, the port of destination and the time which has to expire after arrival before the seafarer should be discharged; (h) the health and social security protection benefits to be provided to the seafarer by the shipowner; (i) the seafarer’s entitlement to repatriation; (j) reference to the collective bargaining agreement, if applicable; and (k) any other particulars which national law may require.

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13. MLC Standard A2.5.1(3)-(5); p. 36 · limba originalului: en

    3. Each Member shall prohibit shipowners from requiring that seafarers make an advance payment towards the cost of repatriation at the beginning of their employ- ment, and also from recovering the cost of repatriation from the seafarers’ wages or other entitlements except where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agree- ments, to be in serious default of the seafarer’s employment obligations. 4. National laws and regulations shall not prejudice any right of the shipowner to recover the cost of repatriation under third-party contractual arrangements. 5. If a shipowner fails to make arrangements for or to meet the cost of repatri- ation of seafarers who are entitled to be repatriated: (a) the competent authority of the Member whose flag the ship flies shall arrange for repatriation of the seafarers concerned; if it fails to do so, the State from which the seafarers are to be repatriated or the State of which they are a national may arrange for their repatriation and recover the cost from the Member whose flag the ship flies; (b) costs incurred in repatriating seafarers shall be recoverable from the shipowner by the Member whose flag the ship flies; (c) the expenses of repatriation shall in no case be a charge upon the seafarers, except as provided for in paragraph 3 of this Standard.

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14. MLC Standard A2.5.1(8)-(10); p. 37 · limba originalului: en

    8. In particular, a Member shall not refuse the right of repatriation to any sea- farer because of the financial circumstances of a shipowner or because of the shipown- er’s inability or unwillingness to replace a seafarer. 9. Members shall facilitate the prompt repatriation of seafarers, including when they are deemed abandoned within the meaning of Standard A2.5.2, paragraph 2. Port States, flag States and labour-supplying States shall cooperate to ensure that seafarers engaged on a ship to replace seafarers who have been abandoned in their territory, or on a ship flying their flag, shall be accorded their rights and entitlements under this Convention. 10. Each Member shall require that ships that fly its flag carry and make avail- able to seafarers a copy of the applicable national provisions regarding repatriation written in an appropriate language.

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15. MLC Standard A2.5.2(1)-(7); p. 37 · limba originalului: en

    1. In implementation of Regulation 2.5, paragraph 2, this Standard establishes requirements to ensure the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment. 2. For the purposes of this Standard, a seafarer shall be deemed to have been abandoned where, 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 seafarer’s 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. 3. Each Member shall ensure that a financial security system meeting the re- quirements of this Standard is in place for ships flying its flag. The financial security system may be in the form of a social security scheme or insurance or a national fund or other similar arrangements. Its form shall be determined by the Member after con- sultation with the shipowners’ and seafarers’ organizations concerned. 4. The financial security system shall provide direct access, sufficient coverage and expedited financial assistance, in accordance with this Standard, to any abandoned seafarer on a ship flying the flag of the Member. 5. For the purposes of paragraph 2(b) of this Standard, necessary maintenance and support of seafarers shall include: adequate food, accommodation, drinking water supplies, essential fuel for survival on board the ship and necessary medical care. 6. Each Member shall require that ships that fly its flag, and to which paragraph 1 or 2 of Regulation 5.1.3 applies, carry on board a certificate or other documentary evidence of financial security issued by the financial security provider. A copy shall be posted in a conspicuous place on board where it is available to the seafarers. Where more than one financial security provider provides cover, the document provided by each provider shall be carried on board. 7. The certificate or other documentary evidence of financial security shall con- tain the information required in Appendix A2-I. It shall be in English or accompanied by an English translation.

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16. MLC Standard A2.5.2(11)-(14); p. 38 · limba originalului: en

    11. The financial security shall not cease before the end of the period of validity of the financial security unless the financial security provider has given prior notifica- tion of at least 30 days to the competent authority of the flag State. 12. If the provider of insurance or other financial security has made any pay- ment to any seafarer in accordance with this Standard, such provider shall, up to the amount it has paid and in accordance with the applicable law, acquire by subrogation, assignment or otherwise, the rights which the seafarer would have enjoyed. 13. Nothing in this Standard shall prejudice any right of recourse of the insurer or provider of financial security against third parties. 14. The provisions in this Standard are not intended to be exclusive or to preju- dice any other rights, claims or remedies that may also be available to compensate sea- farers who are abandoned. National laws and regulations may provide that any amounts payable under this Standard can be offset against amounts received from other sources arising from any rights, claims or remedies that may be the subject of compensation under the present Standard.

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17. MLC Standard A2.5.2(8)-(10); p. 38 · limba originalului: en

    8. Assistance provided by the financial security system shall be granted promptly upon request made by the seafarer or the seafarer’s nominated representative and sup- ported by the necessary justification of entitlement in accordance with paragraph 2 above. 9. Having regard to Regulations 2.2 and 2.5, assistance provided by the financial security system shall be sufficient to cover the following: (a) outstanding wages and other entitlements due from the shipowner to the seafarer under their employment agreement, the relevant collective bargaining agreement or the national law of the flag State, limited to four months of any such outstand- ing wages and four months of any such outstanding entitlements; (b) all expenses reasonably incurred by the seafarer, including the cost of repatria- tion referred to in paragraph 10; and (c) the essential needs of the seafarer including such items as: adequate food, cloth- ing where necessary, accommodation, drinking water supplies, essential fuel for survival on board the ship, necessary medical care and any other reasonable costs or charges from the act or omission constituting the abandonment until the seafarer’s arrival at home. 10. The cost of repatriation shall cover travel by appropriate and expeditious means, normally by air, and include provision for food and accommodation of the sea- farer from the time of leaving the ship until arrival at the seafarer’s home, necessary medical care, passage and transport of personal effects and any other reasonable costs or charges arising from the abandonment.

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18. MLC Standard A4.2.1(1)-(3)(a); p. 63 · limba originalului: en

    1. Each Member shall adopt laws and regulations requiring that shipowners of ships that fly its flag are responsible for health protection and medical care of all sea- farers working on board the ships in accordance with the following minimum standards: (a) shipowners shall be liable to bear the costs for seafarers working on their ships in respect of sickness and injury of the seafarers occurring between the date of commencing duty and the date upon which they are deemed duly repatriated, or arising from their employment between those dates; (b) shipowners shall provide financial security to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, as set out in national law, the seafarers’ employment agreement or collective agreement; (c) shipowners shall be liable to defray the expense of medical care, including med- ical treatment and the supply of the necessary medicines and therapeutic appli- ances, and board and lodging away from home until the sick or injured seafarer has recovered, or until the sickness or incapacity has been declared of a per- manent character; and (d) shipowners shall be liable to pay the cost of burial expenses in the case of death occurring on board or ashore during the period of engagement. 2. National laws or regulations may limit the liability of the shipowner to defray the expense of medical care and board and lodging to a period which shall not be less than 16 weeks from the day of the injury or the commencement of the sickness. 3. Where the sickness or injury results in incapacity for work the shipowner shall be liable: (a) to pay full wages as long as the sick or injured seafarers remain on board or until the seafarers have been repatriated in accordance with this Convention; and

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19. MLC Standard A4.2.1(3)(b)-(7); p. 64 · limba originalului: en

    (b) to pay wages in whole or in part as prescribed by national laws or regulations or as provided for in collective agreements from the time when the seafarers are repatriated or landed until their recovery or, if earlier, until they are entitled to cash benefits under the legislation of the Member concerned. 4. National laws or regulations may limit the liability of the shipowner to pay wages in whole or in part in respect of a seafarer no longer on board to a period which shall not be less than 16 weeks from the day of the injury or the commencement of the sickness. 5. National laws or regulations may exclude the shipowner from liability in re- spect of: (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; and (c) sickness or infirmity intentionally concealed when the engagement is entered into. 6. National laws or regulations may exempt the shipowner from liability to de- fray the expense of medical care and board and lodging and burial expenses in so far as such liability is assumed by the public authorities. 7. Shipowners or their representatives shall take measures for safeguarding prop- erty left on board by sick, injured or deceased seafarers and for returning it to them or to their next of kin.

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20. MLC Standard A4.2.1(8)-(10); p. 64 · limba originalului: en

    8. National laws and regulations shall provide that the system of financial security to assure compensation as provided by paragraph 1(b) of this Standard for contractual claims, as defined in Standard A4.2.2, meet the following minimum requirements: (a) the contractual compensation, where set out in the seafarer’s employment agree- ment and without prejudice to subparagraph (c) of this paragraph, shall be paid in full and without delay; (b) there shall be no pressure to accept a payment less than the contractual amount; (c) where the nature of the long-term disability of a seafarer makes it difficult to as- sess the full compensation to which the seafarer may be entitled, an interim pay- ment or payments shall be made to the seafarer so as to avoid undue hardship; (d) in accordance with Regulation 4.2, paragraph 2, the seafarer shall receive pay- ment without prejudice to other legal rights, but such payment may be offset by the shipowner against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident; and (e) the claim for contractual compensation may be brought directly by the seafarer concerned, or their next of kin, or a representative of the seafarer or designated beneficiary. 9. National laws and regulations shall ensure that seafarers receive prior notifi- cation if a shipowner’s financial security is to be cancelled or terminated. 10. National laws and regulations shall ensure that the competent authority of the flag State is notified by the provider of the financial security if a shipowner’s finan- cial security is cancelled or terminated.

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21. MLC Standard A4.2.2(1)-(3); p. 65 · limba originalului: en

    1. For the purposes of Standard A4.2.1, paragraph 8, and the present Stand- ard, the term “contractual claim” means any claim which relates to death or long-term disability of seafarers due to an occupational injury, illness or hazard as set out in national law, the seafarers’ employment agreement or collective agreement. 2. The system of financial security, as provided for in Standard A4.2.1, paragraph 1(b), may be in the form of a social security scheme or insurance or fund or other sim- ilar arrangements. Its form shall be determined by the Member after consultation with the shipowners’ and seafarers’ organizations concerned. 3. National laws and regulations shall ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation referred to in Standard A4.2.1, paragraph 8, through expeditious and fair procedures.

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22. MLC Standard A5.1.5(2)-(4); p. 92 · limba originalului: en

    2. Each Member shall ensure that, in its laws or regulations, appropriate on- board complaint procedures are in place to meet the requirements of Regulation 5.1.5. Such procedures shall seek to resolve complaints at the lowest level possible. However, in all cases, seafarers shall have a right to complain directly to the master and, where they consider it necessary, to appropriate external authorities. 3. The on-board complaint procedures shall include the right of the seafarer to be accompanied or represented during the complaints procedure, as well as safeguards against the possibility of victimization of seafarers for filing complaints. The term “vic- timization” covers any adverse action taken by any person with respect to a seafarer for lodging a complaint which is not manifestly vexatious or maliciously made. 4. In addition to a copy of their seafarers’ employment agreement, all seafarers shall be provided with a copy of the on-board complaint procedures applicable on the ship. This shall include contact information for the competent authority in the flag State and, where different, in the seafarers’ country of residence, and the name of a person or persons on board the ship who can, on a confidential basis, provide seafarers with impartial advice on their complaint and otherwise assist them in following the complaint procedures available to them on board the ship.

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23. MLC Standard A5.2.2(7); p. 97 · limba originalului: en

    7. Appropriate steps shall be taken to safeguard the confidentiality of complaints made by seafarers.

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