Maritime Labour Convention 2006
INDEX
INDEX
- Carlton, Julie
- Cayman Islands 135
- Chamber of Shipping, UK
- choice of law see Rome I; Rome II
- compensation see wages and compensation
- complaints procedures 55
- on board complaint procedures , 67, ,
- onshore complaint procedures ,
- complaints of a general and individual nature 175
- rectifying non-conformities 176
- safeguarding confidentiality 175
- subject matter of complaint 175
- unresolved complaints 176
- self-enforcement procedures, as
- concept of continuity of ‘compliance awareness’ 172
- Court of Justice of the European Union (CJEU)
- AETR agreement as part of Community law
- consistent interpretation, principle of
- Council decision to authorize ratification, effects of 11
- ‘course of trade’, meaning of 70
- duty of loyal cooperation
- Member States unable to assume o bligations interfering with EU rules 8
- principle of uniform external representation, and 5
- restrictions on treaty making powers of Member States 5, 8
- employment contracts , 203
- EU competence exercised through Member States acting in EU’s interests 5
- EU measures covering subject matter of international agreement, effect of 4
- implementation, principle of, 10
- implied external powers, doctrine of 3
- MLC in EU legal order, status and effects of , 17
- obligations to ratify 6
- proportionality, principle of 13, 14
- central element of EU law and practice 14
- subsidiarity principle, judicial function of
- crew see seafarers
- crewing insurance under the MLC
- applicable law and jurisdiction 102
- foundering
- health protection
- insolvent insureds 109
- insurable interest
- joint or composite policies
- jurisdiction in matters relating to insurance
- legal framework and character of the policy
- MLC
- repatriation
- rights of seafarers to claim directly under the policy in the UK
- disputes, jurisdiction in see jurisdiction and governing law in SEA disputes, determining
- Doumbia-Henry, Dr Cleopatra 152
- employment conditions of seafarers
- accommodation see accommodation
- clear information available as to conditions of employment 30
- complaints procedures see complaints procedures
- engaging and placing crew
- fees and charges to seafarers prohibited 26
- health and safety protection see under health
- masters, engagement of see under shipmasters and the MLC
- masters’ responsibilities see under shipmasters and the MLC
- medical care see under health
- minimum hours of rest/hours of work 34, 35, 57, 59, , 185
- provisions, food and water
- record keeping for each seafarer 32,
- recreational facilities 62
- repatriation see repatriation
- safe manning levels see manning
- SEA see Seafarers’ Employment Agreement (SEA)
- shipboard working arrangements to be posted 32
- social security protection 110, 178
- termination
- training and qualifications , 54, 60,
- wages see wages and compensation
- employment contracts 188
- enforcement procedures of the MLC ,
- authorization of recognized organizations by competent authority ,
- assessing competency and independence of organizations
- written agreement with the competent authority 160
- competent authority
- authorizing institutions to carry out inspections/issue certificates ,
- existing provisions amalgamated 154
- on board complaint procedures 158
- promoting effective cooperation between institutions and other bodies 157
- qualified inspectors, appointing
- reporting on inspection activities
- states designating
- flag state enforcement
- inspections by flag state
- labour-supplying responsibilities , 235
- ‘no more favourable treatment’ clause , 235
- port State enforcement , 222
- self-enforcement procedures
- authorization of recognized organizations by competent authority ,
- engaging crew
- see also employment conditions of seafarers
- European Community Shipowners’ Associations (ECSA) 13, 135
- European Transport Workers’ Federation (ETF) 13, 135
- European Union (EU)
- agreements 2
- choice of law see Rome I; Rome II
- CJEU see Court of Justice of the European Union (CJEU)
- competences
- Council decisions, nature of 6
- disputes, SEA see jurisdiction and governing law in SEA disputes, determining
- duty of loyal cooperation
- employment contracts 188
- equality and non-discrimination as f undamental principle 11
- EU Charter of Fundamental Rights (EUCFR)
- ILO standards influencing 11
- freedom of movement and services 2, 3
- ILO, role in
- IMO conventions, ratifying 9
- implied external powers, doctrine of 3
- minimum standards 4
- insurance
- intellectual property and copyright 10
- internal consultation processes between EU and Member States 5
- Jurisdiction Regulation see Jurisdiction Regulation
- maritime labour, regulation of 3
- Member States acting jointly in interest of the Union , 135, 236
- encouraging or authorizing ratification, choice between 9
- Member States authorized to ratify agreements in interests of the EU 6
- Member States unable to bind Union under international law 6
- obligation to ratify, criteria determining 6
- obligation to ratify, justification for 7
- ratification by Member States, effects of , 11
- ratified agreement part of EU legal order , 11
- MLC, in see Maritime Labour Convention in the EU
- proportionality, principle of
- recreational craft 72
- ‘sheltered waters’ meaning of
- social policy
- social security
- coordination of social security schemes 2
- ensuring social security systems not obstacle to free movement of workers 2
- non-EU nationals legally residing in an EU country 2
- rights of EU nationals 2
- seafarers see under seafarers
- social rights/objectives 3
- maritime sector excluded 3
- subsidiarity, principle of
- uniform external representation, principle of 5
- foundering or loss
- France 106
- Germany
- governing law, SEA see jurisdiction and governing law in SEA disputes, determining
- Greece 135
- health
- health and safety protection
- accident prevention 65
- death or long term disability 111
- occupational safety and health 65
- hospital accommodation 62
- medical care , 110,
- aboard and off-shore
- capture by pirates, after see under modern piracy and seafarers
- concealed illnesses 112
- dependents’ medical care 65
- EU legislation 4
- injury or sickness due to misconduct 112
- master’s duties 64
- medical advice by radio/satellite 65
- on board physicians 65
- repatriation, until after 145
- shipowner liable until seafarer fit to travel 143
- shipowner’s obligations
- wages payable during periods of sickness and injury
- medical certificates and examinations , 54
- medical stores
- health and safety protection
- increased seafarer protection under the MLC see under seafarers
- industrial action ,
- insurance
- abandonment see seafarer abandonment insurance
- crewing insurance see crewing insurance under the MLC
- kidnap and ransom insurance 141
- International Chamber of Commerce 138
- International Council of Marine Industry A ssociations (ICOMIA) 90
- International Group of P&I Clubs 110, 122, 124
- International Labour Conference 74, 75, 152
- International Labour Office 73, 75
- International Labour Organization (ILO) 47, 222
- EU
- ILO/IMO Expert Working Group on seafarer abandonment
- ILO/WHO guidelines on medical fitness examinations 33
- instruments adopted 21
- international supervisory system
- Joint Maritime Commission 57, 73
- Malta 19
- MLC adopted 21
- Office 154
- recommendations consolidated by MLC 1, 47
- resolutions 75
- seafarers’ working times 4
- International Maritime Bureau (IMB) 138
- International Maritime Organisation (IMO) 7
- International Seafarers’ Welfare and Assistance Network (ISWAN) 73
- Joint Maritime Commission 57, 73
- jurisdiction and governing law in SEA disputes, determining
- Jurisdiction Regulation 182,
- leave
- Liberia 135
- Lloyd’s of London 99
- loss or foundering see foundering or loss
- Malta
- applicability of 1973 Act and of 2013 Rules
- aim of Rules 23
- applying to all sea-going registered ships 22
- exemptions/exclusions
- Guidelines 23
- interpretation and ambiguities
- agreements with seafarers, content of
- employment of seafarers, conditions of
- ILO conventions, ratification of 19, 24
- ratification and transposition of MLC 19, 21, 22, 24
- MLC
- overview of Maltese shipping legislative f ramework
- seafarers
- accommodation 43
- additional protection for seafarers between 16 and 18 years , 42
- agreements with seafarers, content of
- complaints procedures, on-shore and on-board
- employment of seafarers, conditions of
- engaging and placing crew
- employment agencies 25
- justified absences 36
- leave entitlement
- medical certificates and examinations
- medical stores
- minimum age for seafarers
- minimum hours of rest 34
- minimum wage and overtime
- protection of seafarers’ employment rights 26
- provisions and water
- record of seafarers’ daily hours of rest to be maintained 32
- repatriation
- shipboard working arrangements to be posted 32
- termination
- training and qualifications
- shipping registry 19
- successful and reputable flag of choice 19
- applicability of 1973 Act and of 2013 Rules
- manning
- manning agents
- Maritime and Coastguard Agency (MCA)
- establishment 215
- functions 215
- implementing the MLC 71, 215,
- MLC provisions
- application of MLC 71
- complaint procedures 94
- crew accommodation , 225
- financial security 109
- guidance on 218, 232
- hours of work and rest
- manning
- national law covering most MLC minimum standards 185, 218, 223
- on board complaints procedure 94
- SEAs
- ‘shipowner’, definition of
- training and qualification requirements 84
- yachts , 225, 229
- negotiations leading to adoption of MLC, involvement in 216
- ratification of MLC
- Maritime Labour Certificate and Declaration of Maritime Labour Compliance (DMLC) 48, 76, 153, ,
- cease and withdrawal of certificates 165
- databases 234
- duration and renewal 162
- financial security, proof of 112
- form and content
- fraudulent certificates
- inspecting and certifying ships 153, 155
- interim certification
- ships required to carry 160
- ships requiring certification 161
- working and living conditions of seafarers to be inspected 161
- Maritime Labour Conference 220
- Maritime Labour Convention (MLC) 1, 3
- amending 222
- consolidating previous instruments 1, 121, 151,
- drafting 152
- enforcement procedures see enforcement p rocedures of the MLC
- EU see Maritime Labour Convention in the EU
- future 134
- human rights 42
- insurance see insurance
- ISM Code, and
- objectives 47, ,
- ratification and implementation
- rights of seafarers, masters and owners
- see also seafarers; shipmasters; shipowners
- ships and vessels
- underlying purpose of MLC 21
- yachting see yachting and the MLC
- Maritime Labour Convention in the EU
- disputes, SEA see jurisdiction and governing law in SEA disputes, determining
- EU ensuring coordinated position of Member States in MLC negotiations 1,
- EU and Member States competences in areas covered by the MLC
- EU Member States acting jointly in interest of the Union , 135, 236
- Member States bound by duty of c ooperation to act in EU’s interests 8
- Member States ratifying in interests of the Community 6
- Member States unable to support a mendments without EU agreement 8
- obligation to ratify, criteria determining
- ratification by Member States, effects of , 11
- ratified agreement part of EU legal order , 11
- MLC in the EU legal order, status and effects of , 17, 135
- transposition into EU law: Directive 2009/13/EC (Titles 1 to 4 MLC) , 40, 135, 236
- masters see shipmasters
- medical care see under health
- modern piracy and seafarers
- MYBA 73, 90
- Nautilus International 73
- Norway 135
- owners see shipowners
- P&I clubs
- Panama 135
- Philippines 134
- piracy see modern piracy and seafarers
- Plimsoll, Samuel 50
- Professional Yachtsmen’s Association (PYA) 73, 90
- provisions, food and water 42, 63
- ransom payments see under modern piracy and seafarers
- record keeping for each seafarer 32, 55, 56, 57
- recreational facilities 62
- recruitment agencies , , , 222
- repatriation 55, ,
- capture by pirates, after
- compensation for working in high risk areas 142
- costs of repatriation 142
- entitlement to repatriation
- medical expenses for injury until r epatriation 145
- seafarer no longer able to carry out duties
- shipowner’s failure to meet obligations 141
- right to repatriation after contract of employment has expired 140
- war zones 142
- costs of , 142, 145
- destinations for repatriation 58
- entitlement to repatriation at owner’s expense , 58, , ,
- expiry of contract of employment, right to repatriation after 140
- insurance for ,
- loss of entitlement to repatriation at owner’s expense 40
- medical expenses for injury until after r epatriation 145
- seafarer no longer able to carry out duties
- shipowners
- third party effecting repatriation 40, 58, 141
- wages payable until repatriation 125, 142, 146
- capture by pirates, after
- Rome I
- Rome II
- Royal Yachting Association (UK) 73
- Russia 134
- seafarer abandonment insurance
- seafarers
- employees, as 184
- EU legislation 6, 12
- medical care on board ships 4
- occupational health and safety 4
- social partners’ agreement on seafarers’ working times 4, 12, 14
- social rights 2
- increased protection for seafarers under MLC 26
- accommodation see accommodation
- clear information available as to conditions of employment 30
- communication facilities on board 65
- compensation for loss or foundering 59, 113,
- complaints procedures see complaints procedures
- conditions of employment of crew
- consular protection 66
- death or long term disability, financial s ecurity for
- engaging and placing crew
- health and safety protection see under health
- hospital accommodation 62
- fees and charges to seafarers prohibited 26
- justified absences 36
- leave see leave
- master placed at par with other seafarers 30, 50, 53
- medical care see under health
- medical certificates and examinations , 54
- medical stores
- minimum age for seafarers , 54, 185
- minimum hours of rest/hours of work , 57, 59, , 185
- minimum wage and overtime ,
- more efficient, adequate, accountable s ystem for finding employment 26
- noise 43,
- personal safety 85
- provisions, food and water 42, 63
- record keeping for each seafarer 32,
- recreational facilities 62
- recruitment/recruitment agencies, system for , , , 222
- religious accommodation 62
- repatriation see repatriation
- safe manning levels see manning
- SEA see Seafarers’ Employment Agreement (SEA)
- shipboard working arrangements to be posted 32
- social security and welfare protection 110, , 178
- termination
- training and qualifications , 54, 60,
- wages see wages and compensation
- welfare facilities, shore-based 66
- yachting see yachting and the MLC
- young seafarers (16–18), additional p rotection for , 42, 54
- insurance see insurance
- manning see manning
- masters see shipmasters and the MLC
- meaning of ‘seafarer’ , , ,
- piracy, and see modern piracy and seafarers
- SEA see Seafarers’ Employment Agreement (SEA)
- yachting see yachting and the MLC
- Seafarers’ Employment Agreement (SEA) 20,
- bespoke SEAs for commercial yachting 80
- contents of the agreements , 78
- deficiencies in SEA, shipowner responsible for 29
- definition , 188
- disputes arising see jurisdiction and governing law in SEA disputes, determining
- duty to ensure seafarer understands the SEA
- harmonization of minimum standards 28
- hours of work and wages 35
- including contract of employment and ship’s articles of agreement 27, 28
- individual contracts of employment, and 188
- masters, engaging 29
- master’s responsibility to ensure SEA signed with seafarer
- minimum SEA in MLC 28
- parties agreeing own lawful terms and c onditions 30
- repatriation after expiry/termination of SEA 39
- requirements 28
- responsibility on shipowners for working c onditions of seafarers 28
- right not to be discriminated against 78
- seafarer’s details/terms of employment 31
- shipowner, identification of 76
- signing the SEA 30
- termination provisions 37
- time to examine the SEA 80
- voyage duration 31
- Seafarers International Research Centre (SIRC) 84
- shipmasters and the MLC
- accommodations, recreational facilities and catering (Title 3)
- competence of master
- local knowledge 85
- conditions of employment (Title 2)
- consolidating primacy and protection of master in command 48
- importance of masters 49
- duties of masters
- health protection, medical care, welfare, and social security (Title 4)
- licence or certificate, requirement of 52, 66
- master’s engagement and responsibility , 67
- Competent Authority Afloat, master as , 55
- decisions, right to make
- duties, nature of
- enforcing rights/performing duties under flag State law
- express and implied rights and duties 50, 53
- international maritime law affecting the master 51
- legal responsibilities of master, general 48
- ministerial authority afloat 53
- position of masters historically 50
- relationship with flag State and with owner , 57, 67
- rights and duties as a seafarer 30, 50, 52
- safety of the vessel, maintaining 52
- minimum requirements for seafarers to work on a ship (Title 1)
- SEAs
- shipowners
- benefits from MLC
- definition of ‘shipowner’ ,
- employers, as
- insurance see insurance
- masters, and 29, 41, 67
- SEAs
- disputes see jurisdiction and governing law in SEA disputes, determining
- increased burden from 30
- obligations in respect of 28
- seafarers, and
- health protection 110
- hours of work and rest
- manning levels, duty to ensure safe 60
- medical examinations of seafarers 33
- medical stores 40
- provisions and water
- repatriation see repatriation
- responsibility on shipowners for working conditions 28
- social security protection obligations 178
- termination of crew 28,
- training and qualifications of seafarers, responsibilities for
- upholding seafarers’ rights 219
- verifying age of seafarers 32
- social security and welfare protection
- EU 2
- shipowners’ obligations 178
- Somali piracy see under modern piracy and seafarers
- Superyacht Builders Association (SYBAss) 90
- Superyacht UK 73
- superyachts see yachting and the MLC
- United Kingdom
- Chamber of Shipping
- commercial activities, meaning of 70
- ILO Conventions, ratified 217
- MLC see under Maritime and Coastguard Agency (MCA)
- ‘inland waters’, definition of 71
- insurance
- direct actions only where insured insolvent 105
- foundering
- insolvent insureds
- insurable interest
- insurers
- joint or composite policies
- jurisdiction
- legal framework 98
- marine insurance contracts 99
- rights of seafarers to claim directly under the policy
- third party rights, overview
- third party rights, 2010 Act on
- jurisdiction in matters relating to individual contracts of employment
- labour-supplying States, as 236
- MCA see Maritime and Coastguard Agency (MCA)
- piracy causing loss of a ship
- ‘pleasure vessel’, definition of 70
- risk assessments and safety policies 83
- ‘sheltered waters’ meaning of 72
- ‘shipowner’, meaning of
- ‘yachts’, meaning of 71
- United States
- MLC ratification 135
- ransom payments 144
- wages and compensation 220