Wednesday, August 24, 2016

AMENDMENTS TO THE MARITIME LABOUR CONVENTION

International Labour Conference
Conférence internationale du Travail


AMENDMENTS OF 2014
TO THE MARITIME LABOUR CONVENTION, 2006,
APPROVED BY THE CONFERENCE
AT ITS ONE HUNDRED AND THIRD SESSION,
GENEVA, 11 JUNE 2014


AMENDEMENTS DE 2014 À LA CONVENTION
DU TRAVAIL MARITIME, 2006,
APPROUVÉS PAR LA CONFÉRENCE
À SA CENT TROISIÈME SESSION,
GENÈVE, 11 JUIN 2014

TEXT OF THE AMENDMENTS OF 2014
TO THE MARITIME LABOUR CONVENTION, 2006
Amendments to the Code implementing Regulations 2.5
and 4.2 and appendices of the Maritime Labour Convention,
2006 (MLC, 2006), adopted by the Special Tripartite Committee
on 11 April 2014



I. Amendments to the Code implementing Regulation 2.5
– Repatriation of the MLC, 2006 (and appendices)
A. Amendments relating to Standard A2.5
In the present heading, “Standard A2.5 – Repatriation”, replace “A2.5”
by “A2.5.1”.
Following paragraph 9 of the present Standard A2.5, add the following
heading and text:
Standard A2.5.2 – Financial security
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 requirements 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 consultation 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 contain the information required in Appendix A2-I. It shall be in
English or accompanied by an English translation.
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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 supported 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 outstanding wages and four months of any such
outstanding entitlements;
(b) all expenses reasonably incurred by the seafarer, including the cost of
repatriation referred to in paragraph 10; and
(c) the essential needs of the seafarer including such items as: adequate
food, clothing 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 seafarer 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.
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 notification 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 payment 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 prejudice any other rights, claims or remedies that may also be available
to compensate seafarers 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.
B. Amendments relating to Guideline B2.5
At the end of the present Guideline B2.5, add the following heading
and text:
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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C. Amendment to include a new appendix
Before Appendix A5-I, add the following appendix:
Appendix A2-I
Evidence of financial security under Regulation 2.5, paragraph 2
The certificate or other documentary evidence referred to in Standard
A2.5.2, paragraph 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;
(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.
D. Amendments relating to Appendices A5-I, A5-II and A5-III
At the end of Appendix A5-I, add the following item:
Financial security for repatriation
In Appendix A5-II, after item 14 under the heading Declaration of
Maritime Labour Compliance – Part I, add the following item:
15. Financial security for repatriation (Regulation 2.5)
In Appendix A5-II, after item 14 under the heading Declaration of
Maritime Labour Compliance – Part II, add the following item:
15. Financial security for repatriation (Regulation 2.5)
At the end of Appendix A5-III, add the following area:
Financial security for repatriation
II. Amendments to the Code implementing Regulation 4.2
– Shipowners’ liability of the MLC, 2006
(and appendices)
A. Amendments relating to Standard A4.2
In the present heading, “Standard A4.2 – Shipowners’ liability”, replace
“A4.2” by “A4.2.1”.
Following paragraph 7 of the present Standard A4.2, add the following
text:
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
agreement and without prejudice to subparagraph (c) of this paragraph,
shall be paid in full and without delay;
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(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 assess the full compensation to which the seafarer may be
entitled, an interim payment 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 payment 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 notification 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 financial security is cancelled or terminated.
11. Each Member shall require that ships that fly its flag 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.
12. 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 notification of at least 30 days to the competent authority of the
flag State.
13. The financial security shall provide for the payment of all
contractual claims covered by it which arise during the period for which the
document is valid.
14. The certificate or other documentary evidence of financial security
shall contain the information required in Appendix A4-I. It shall be in
English or accompanied by an English translation.
Add the following heading and text following the present Standard
A4.2:
Standard A4.2.2 – Treatment of contractual claims
1. For the purposes of Standard A4.2.1, paragraph 8, and the present
Standard, 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 similar 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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B. Amendments relating to Guideline B4.2
In the present heading, “Guideline B4.2 – Shipowners’ liability”,
replace “B4.2” by “B4.2.1”.
In paragraph 1 of the present Guideline B4.2, replace “Standard A4.2”
by “Standard A4.2.1”.
Following paragraph 3 of the present Guideline B4.2, add the following
heading and text:
Guideline B4.2.2 – Treatment of contractual claims
1. National laws or regulations should provide that the parties to the
payment of a contractual claim may use the Model Receipt and Release
Form set out in Appendix B4-I.
C. Amendment to include new appendices
After Appendix A2-I, add the following appendix:
Appendix A4-I
Evidence of financial security under Regulation 4.2
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’ contractual claims;
(g) name of 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.
After Appendix A4-I, add the following appendix:
Appendix B4-I
Model Receipt and Release Form
referred to in Guideline B4.2.2
Ship (name, port of registry and IMO number):...................................................
Incident (date and place):..........................................................................................
Seafarer/legal heir and/or dependant: ....................................................................
Shipowner:...................................................................................................................
I, [Seafarer] [Seafarer’s legal heir and/or dependant]* hereby acknowledge
receipt of the sum of [currency and amount] in satisfaction of the Shipowner’s
obligation to pay contractual compensation for personal injury and/or death
under the terms and conditions of [my] [the Seafarer’s]* employment and I
hereby release the Shipowner from their obligations under the said terms and
conditions.
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The payment is made without admission of liability of any claims and
is accepted without prejudice to [my] [the Seafarer’s legal heir and/or
dependant’s]* right to pursue any claim at law in respect of negligence, tort,
breach of statutory duty or any other legal redress available and arising out
of the above incident.
Dated:..........................................................................................................................
Seafarer/legal heir and/or dependant: ....................................................................
Signed:.........................................................................................................................
For acknowledgement:
Shipowner/Shipowner representative:
Signed:.........................................................................................................................
Financial security provider:
Signed:.........................................................................................................................
* Delete as appropriate.
D. Amendments relating to Appendices A5-I, A5-II and A5-III
At the end of Appendix A5-I, add the following item:
Financial security relating to shipowners’ liability
In Appendix A5-II, as the last item under the heading Declaration of
Maritime Labour Compliance – Part I, add the following item:
16. Financial security relating to shipowners’ liability (Regulation 4.2)
In Appendix A5-II, as the last item under the heading Declaration of
Maritime Labour Compliance – Part II, add the following item:
16. Financial security relating to shipowners’ liability (Regulation 4.2)
At the end of Appendix A5-III, add the following area:
Financial security relating to shipowners’ liability