Maritime Labour Convention Flashcards
What are the 5 TITLES of MLC?
- Minimum Requirements
- Conditions of Employment
- Accommodation, Rec. Facilities, Food & Catering
- Health, Welfare, Social Security
- Compliance and Enforcement
Under Paris MOU, what are the 14 areas of inspection for MLC?
MASQ MA HARPS CCP
- Minimum age of seafarers
- Medical certification
- Qualifications of seafarers
- Seafarers Employment Agreements
- Recruitment and Placement Services
- Hours of Work/Rest
- Manning Levels
- Accommodation
- Onboard Recreational Facilities
- Food and Catering
- Health and Safety and Accident Prevention
- Onboard Medical Care
- Onboard Complaints Procedure
- Payment of Wages
How is MLC certified?
Maritime Labour Certificate
DMLC Part II
(Surveys attesting to compliance with Noise and Vibration levels of accommodation)
MLC Survey Intervals?
Initial (Year 0, issuance of cert)
Intermediate (Between Anniversary 2 and 3)
Renewal (Anniversary 5 (-3months))
10 Mandatory Items of an SEA?
Seafarer: Name, Age, Birthplace
Shipowner: Name and Address
Date and Place of Entry
Capacity/Rank
Wages
Paid Annual Leave
Termination Conditions
Benefits
Entitlement to Repatriation
Reference to any CBA as applicable
Master’s Duties with regard to ensuring compliance with MLC?
- Ensure crew have valid certs (Medical, STCW) and SEAs
- Keep valid copies of SEAs and CBAs available for inspection
- Keep a copy of MLC and Repatriation Rules (MGN479) available to crew
- Care of property left onboard
- ## Inspections of Accom and Provisions at least every 7 days
What is the DMLC?
Declaration of Maritime Labour Compliance
Part 1 is completed by the surveyor and details the areas of MLC to be surveyed. It includes any equivalencies or exemptions to the MLC regulations
Part 2 is completed by the shipowner and includes the measures the shipowner will take to comply with each of the 16 sections of the DMLC.
Under what circumstances do shipowners have an obligation to repatriate seafarers?
- Where the SEA expires
- Where is the SEA is terminated by the shipowner
- Where the SEA is terminated by the seafarer in accordance to the terms of SEA
- When the seafarer can no longer carry out their duties as expected or cannot be expected to carry them out due to specific circumstances.
What circumstances might dictate when a seafarer cannot carry out their duties as expected?
- Illness, Injury or medical condition
- Shipwreck
- Shipowner insolvency
- Change in vessel registration
- WHEN THE VESSEL IS BOUND FOR A WARZONE OR WARLIKE AREA WHERE THE SEAFARER DOES NOT CONSENT TO GO
- Where the seafarer has completed their maximum period of service (327 days)
- Where the SEA is terminated pursuant to a court order or tribunal
How is maximum service period onboard calculated?
365 - 38 days statutory paid leave (see merchant shipping notice MSN 1842(M)). Currently the maximum period of service permitted before a seafarer is entitled to repatriation in order to take leave is therefore 327 days per annum
In the event of another pandemic, is the shipowner liable for costs of a seafarer’s managed quarantine?
Under MLC, no.
However, under UK Legislation, yes. It is explicitly stated in MGN479 that IN THE VIEW OF THE MCA, managed quarantine falls into the category of costs that cannot be recovered from the seafarer for relief and maintenance.
Where does the duty to repatriate cease?
- Where the seafarer fails, without reasonable cause, to comply with reasonable arrangements made (egoist)
- Where, despite efforts to establish contact, the whereabouts of the seafarer remain unknown (ghosting)
- Where the seafarer informs the shipowner IN WRITING that they do not wish to be repatriated (local leave)
- Where the seafarer has died.
If a seafarer commits gross misconduct and is subsequently dismissed and sent home, are the shipowners liable for costs of repatriation?
This provision must be explicitly stated in the seafarer’s SEA, and may be done by way of a wage deduction.
However, if such a provision does not exist, a civil claim must be lodged by the shipowner wishing to recover costs.
A seafarer has signed off but has left their laptop behind. Their flight has already departed. What are your actions as Master?
I must take charge of that property and enter a description of each item in the official log book.
I will then ensure that reasonable care is taken of the property pending its delivery to the seafarer, in liaison with the shipowner who will make the delivery arrangements.
Can the shipowner request reimbursement for delivery of left property?
Yes they can, but it is their decision depending on the case.
Requesting reimbursement for delivery of personal effects to a bereaved family is a dick move.
