Technical Notices

On 26 December 2020, the 2018 amendments to the Maritime Labour Convention, 2006 (MLC, 2006) are expected to enter into force, requiring continuation of Seafarer Employment Agreements and wages while seafarer is held captive on or off the ship as a result of piracy or armed robbery against ships, regardless of the dates in their employment contract.

These amendments concern the following:

• Seafarers Employment Agreements (SEAs):

Standard A2.1 was amended to establish that an SEA will continue to have effect while seafarer is held captive on or off the ship as a result of piracy or armed robbery against ships, regardless of the dates in their contract.

• Wages

Standard 2.2 has been amended to ensure that SEAs of seafarers held captive as a result of piracy or armed robbery will continue to have effect, including for the payment of wages and other entitlements until the seafarer is released and duly repatriated or date of death is determined.

• Repatriation

Guideline B2.5.1 was amended to ensure that entitlement of seafarers to repatriation does not lapse if they are held captive as result of piracy or armed robbery.

What MLC ship operators (MLC shipowners) should do:

Shipowners are required to ensure that SEA and/or any applicable Collective Bargaining Agreements (CBAs) applied after 26th December 2020 covers the 2018 amendments to MLC, 2006.

Declaration of Maritime Labour Compliance (DMLC) and Maritime Labour Convention Certificate (ML Certificate) for existing ships:

No new DMLC Part I will be issued due to these amendments.

However, the shipowners should consult the relevant flag requirements in relation with the DMLC Part I and any amendments which may applied in due course in DMLC Part II.