Dominion Marine comments on the Maritime Labour Convention
Far reaching consequences are on the horizon for the whole shipping industry, including commercial yachts, with the ratification in 2011 of the controversial Maritime Labour Convention.
“It has major implications for both seafarers and ship owners,” warns John Wade, technical services manager with Isle of Man-based Dominion Marine.
The Convention, conceived by the International Labour Organisation, provides comprehensive rights and protection at work for more than 1.2 million seafarers. It updates more than 65 international labour standards related to seafarers adopted over the last 80 years.
“It will affect vessels from yachts to super tankers, their design, accommodation, floor areas etc and will most certainly have a direct impact on employment,” said Mr Wade, former principal marine surveyor with the Isle of Man Ship Registry.
“The rich man buying a yacht as something of an indulgence may be deterred from doing so because of the implications of the Convention,” he added. “While it won’t apply to a vessel registered purely for pleasure it will, however, apply to commercial vessels and the owner chartering a yacht out when not using it.”
He added: “Included in the Convention document are matters considered to be fundamental principles for seafarers. These cover employment rights and social conditions, including among other things the appointment of a ship’s health officer, guidelines on wages, hours of work, national insurance contributions, health, age restrictions, leave, minimum sizes and standards for crew accommodation, food and catering requirements, recreational facilities, repatriation, medical care and so on.
“There are also requirements in respect of recruitment and agencies supplying crew members. For example agencies must not have ‘lists intended to prevent or deter seafarers from gaining employment for which they are qualified’, that is to say no blacklists and also require that no fees or other charges are made to the seafarer for recruitment or placement.”
Mr Wade added that the flag state of a vessel, including the Isle of Man, will be required to inspect the vessel and ensure it complies with all the necessary ILO requirements before a Maritime Labour Certificate can be issued. Without the MLC any vessel over 500 gross tons will be prevented from sailing until it is fully compliant.
“For the first time, definitions of a ship and seafarer are included but are a cause of concern to ship owners as they will encompass smaller vessels which are presently outside the scope of some international legislation.”
Another major change means that every seafarer working on an Isle of Man registered ship or commercial yacht will need to have a Seafarer’s Employment Agreement between themselves and the owner, or his or her representative.
“SEA’s will certainly generate some interesting challenges to the ship owner and the seafarer,” said Mr Wade.
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