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SHIPPING AND THE LAW 2013 MARITIME LABOUR CONVENTION.

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Presentation on theme: "SHIPPING AND THE LAW 2013 MARITIME LABOUR CONVENTION."— Presentation transcript:

1 SHIPPING AND THE LAW 2013 MARITIME LABOUR CONVENTION

2 INTRODUCTION What is the Maritime Labour Convention (MLC) MLC - Clarification and FAQs P&I Cover/Work of the IG MLC - Who Benefits? - Convention Creep

3 3 WHAT IS THE MARITIME LABOUR CONVENTION?

4 MLC 2006 MLC For whose benefit? 4

5 MLC 2006 Protect shipboard conditions of crew employment  Accommodation  Recreational facilities  Food and catering  Medical health  Hours of work  Repatriation 5

6 MLC 2006 The ILO has advised States to operate leniency in the first 12 months

7 MLC 2006 MLC is the “fourth pillar” of the international regulatory regime for quality shipping The MLC is seen as the cornerstone of good employment practice

8 MLC - CLARIFICATION AND FAQ’S

9 Question:What ships need to comply with the MLC? Answer:All ships over 500 GT that engage in international voyages must be certified as being MLC compliant. This requirement however does not apply to ships which navigate exclusively in inland waters MLC – FAQ’S

10 Question:Does the MLC apply to all seafarers? Answer:Yes MLC – FAQ’S

11 Question:Who is the “ship owner” under the MLC? Answer:The ship owner is defined as the Owner of the ship or another organisation or person, such as the Manager, Agent or Bareboat Charterer who has assumed the responsibility for the operation of the ship from the Owner and who on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on ship owners in accordance with this convention MLC – FAQ’S

12 Question:When will a ship be inspected? Answer:Any ship calling at the port of a state which has ratified the MLC may be inspected by PSC for compliance with the MLC’s requirements, irrespective of whether the ships’ flag state has ratified the MLC MLC – FAQ’S

13 Question: Who will be considered as “crew” under the terms of the MLC? Answer:Under MLC seafarers are defined as any persons who are employed to work in any capacity on board ships covered by the MLC MLC – FAQ’S

14 Question:What is the position where Clubs exclude cover for crew risks? Answer:Where it is apparent from the Certificate of Entry that crew risks are excluded, a ship owner must then demonstrate to the flag state that there is alternative financial security in place MLC – FAQ’S

15 Question:What can an Owner do if a ship is detained? Answer:It will depend on the flag state or the port where the vessel is being held up and the nature of the detention MLC – FAQ’S

16 A review of the implementation process is scheduled for April 2014

17 P&I COVER/WORK OF THE IG

18 P&I COVER Ship owner’s Liability for Sickness, Injury or Death Seafarers entitled to compensation in the event of death or long-term disability due to an occupational illness, injury or hazard as set out in national law, the seafarer’s employment agreement or collective agreement Financial security required in respect of these liabilities Liabilities are generally already covered by P&I subject to Club rules and terms of entry MLC

19 P&I COVER Repatriation Seafarers are to be repatriated at no cost to themselves in specified circumstances Financial security required in respect of these liabilities Non-operational liabilities are generally already covered by P&I  Subject to Club rules and terms of entry P&I cover extended to cover liabilities for repatriation Shipowner may be required to indemnify P&I Club 19

20 P&I COVER Clubs agree that cover for repatriation will not terminate until 3 months after notice of termination or cesser of insurance is given to the flag state or 20 February, whichever is earlier

21 P&I COVER Unpaid wages are not covered by MLC at present There is no requirement to provide for loss of security for such wages although it has been agreed in principle by the ILO

22 The International Group of P&I Clubs (IG) also operates to protect the interests of the shipping industry The 13 Group Clubs provide liability cover for approximately 90% of the world’s ocean-going tonnage BENEFITS Co-ordination of the Group Pooling Agreement Promotes industry positions on practical and legislative issues Forum for the exchange of information Provides technical advice and input in the drafting of new legislation and regulation INTERNATIONAL GROUP OF P&I CLUBS Claims co-operation and co-ordination Claims co-operation and co-ordination

23 CERTIFICATES OF ENTRY AS EVIDENCE OF FINANCIAL SECURITY The current full list of confirmed States is: 1.Australia 2.Antigua & Barbuda 3.Bahamas 4.Barbados 5.Canada 6.Cayman Islands 7.Cyprus 8.Denmark 9.Gibraltar 10.Greece 11.Isle of Man 12.Japan 13.Kiribati 14.Liberia 15.Malta 16.Marshall Islands 17.Morocco 18.Norway 19.Panama 20.Philippines 21.Palau 22.Poland 23.Russia 24.Singapore 25.Spain 26.Sweden 27.Switzerland 28.St Kitts & Nevis 29.St Vincent & Grenadines 30.Togo 31.Tuvalu 32.UK

24 The International Group of P&I Clubs (IG) also operates to protect the interests of the shipping industry The 13 Group Clubs provide liability cover for approximately 90% of the world’s ocean-going tonnage BENEFITS Co-ordination of the Group Pooling Agreement Promotes industry positions on practical and legislative issues Forum for the exchange of information Provides technical advice and input in the drafting of new legislation and regulation INTERNATIONAL GROUP OF P&I CLUBS Claims co-operation and co-ordination Claims co-operation and co-ordination

25 MLC - WHO BENEFITS? - CONVENTION CREEP

26 WHO BENEFITS? There are two main aims of the MLC 2006: 1.To ensure comprehensive protection of the rights of seafarers 2.To establish a level playing field for countries and ship owners committed to providing decent working and living conditions for seafarers, protecting them from unfair competition on the part of sub-standard ships

27 CONVENTION CREEP 1.Bunker Convention – November The Migrant Workers and Overseas Filipinos Act of 1995 – Amended March Regulation of PLC on the Prevention and Control of Marine Pollution for Ships – March Sanctions (EU Counsel Regulations) – July PLR – December 2012 In addition there have been various SOLAS, STCW and Marpol amendments to contend with

28 CONVENTION CREEP Does legislation push more and more liabilities on to ship owners? Is convention creep a reality – what is on the horizon for ship owners?

29 CONVENTION CREEP Athens Convention – April 2014 Although the PLR (December 2012) essentially gives effect to the key provisions of the Convention, the Convention will come into effect in April 2014

30 CONVENTION CREEP The Nairobi Convention Uniform international rules enabling the removal of wrecks in coastal waters

31 CONVENTION CREEP HNS Convention Comprehensive regime covering pollution from hazardous and noxious substances carried by ships

32 CONVENTION CREEP Amendment to the 1996 LLMC Protocol Significant increase to the limits of liability in the 1996 Protocol

33 WHO BENEFITS? MLC has the potential to make a lasting impact on the welfare of seafarers

34 HISTORIC ????

35 THANK YOU


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