Please
note: this Class News is a reissue and replaces the version sent on 22 August
2016. It has been amended following a number of flags confirming their
intention to implement the Resolution adopted at the meeting of the Special
Tripartite Committee in 2014.
The
2014 amendments to the Maritime Labour Convention 2006 will come into force on
18 January 2017.
The
changes relate to financial security and are as follows.
Standard
A2.5.2 – Financial Security
This
standard requires a financial security system to be provided to assist
seafarers in the event of abandonment. The standard defines abandonment as:
- when the ship owner fails to cover the cost of the seafarer’s repatriation; or
- when the ship owner has left the seafarer without the necessary maintenance and support; and
- when the ship owner has otherwise unilaterally severed their ties with the seafarer, including failure to pay contractual wages for a period of at least two months.
Ships
will have to carry a certificate or other documentary evidence of financial
security on board, as issued by the financial security provider. New Appendix
A2-1 will detail the information required to be on the certificate or other
documentary evidence.
Standard
A4.2.1 – Shipowner’s Liability
This
standard sets out the minimum requirements for a system of financial security
that assures compensation in the event of a contractual claim (see the
definition under Standard A4.2.2 below). Again, ships will be required to carry
a certificate or other documentary evidence of financial security issued by the
financial security provider.
Standard
A4.2.2 – Treatment of Contractual Claims
This
standard defines a ‘contractual claim’ as “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.”
The
standard also requires that effective means are in place to deal with and
settle contractual claims for compensation.
Appendices
A4-1 and B4-1
Appendix A4-1 details the evidence of
financial security that is required. Appendix B4-1 details a model receipt and
release form, referred to in new Guideline B.4.2.2. Where there is more than
one financial security provider for repatriation or ship owner’s liability, documentary
evidence from each provider shall be carried on board.
What the changes mean for the
Declaration of Maritime Labour Compliance (DMLC)
It is not intended that the amendments should affect the validity of maritime labour certificates or declarations of maritime labour compliance already issued. No immediate changes will be required to the DMLC unless otherwise instructed by a flag administration. Maritime labour certificates and declarations of maritime labour compliance will be issued or renewed no later than the date of the first renewal inspection following the entry into force of the amendments.
It is not intended that the amendments should affect the validity of maritime labour certificates or declarations of maritime labour compliance already issued. No immediate changes will be required to the DMLC unless otherwise instructed by a flag administration. Maritime labour certificates and declarations of maritime labour compliance will be issued or renewed no later than the date of the first renewal inspection following the entry into force of the amendments.
Resolution related to the transitional measures may be viewed at,
http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---normes/documents/genericdocument/wcms_360943.pdf
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