Maritime Labour Convention 2006 - UK and REG Implementation

Author: Charles Boyle
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781526505378
Published In: November 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Since the International Labour Organisation's Maritime Labour Convention, 2006 (MLC) came into force internationally on 20 August 2013, it has already been amended, and a further two sets of amendments have been agreed and are expected to come into force in 2019 and 2020.

Maritime Labour Convention, 2006 – UK and REG Implementation sets out in detail how the UK, Bermuda, Cayman Islands, Gibraltar and the Isle of Man (being the members of the Red Ensign Group (REG) which are subject to the MLC) have implemented the Convention. Specific references are given to the laws, merchant shipping notices and guidance, as well as identifying the areas where implementation is permitted by way of collective agreements.

As the MLC sits in the context of the wider international regulatory regime, it expressly endorses the application of other international instruments and standards, particularly those of the International Maritime Organisation. Furthermore, many of the MLC's mandatory provisions have been incorporated into EU Directives, which are relevant to the UK and Gibraltar. These international and regional provisions are also referenced.

Chapter 1 sets out an introduction to the ILO and the MLC. Chapter 2 describes the general approach of how the UK applies its legislation to UK ships and, while they are in UK waters, non-UK ships without MLC documentation, and non-UK ships with MLC documentation. Chapters 3-22 describe the UK provisions in more detail as the other REG members' laws are influenced by those to a significant extent.

The specific provisions for Bermuda, the Cayman Islands, Gibraltar and the Isle of Man have been set out, with detailed references to the appropriate regulatory sources in Chapters 23-26. Due to the central role of the MLC's Title 5 on compliance and enforcement, this is set out in full (in Part VIII, Appendix 1), annotated with references to the relevant sections of the ILO's guidelines on flag state control and port state control.

The full text of the amendments to the MLC have been set out in Part VIII, Appendix 2.

Chapter 1 – Minimum requirements for seafarers to work on a ship

Minimum age

Medical certificate

Training and qualifications

Recruitment and placement

Chapter 2 - Conditions of employment

Seafarers' employment agreements

Wages

Hours of work and hours of rest

Entitlement to leave

Repatriation

Seafarer compensation for the ship's loss or foundering