Maritime Labour Convention (MLC)

The Maritime Labour Convention (MLC) provides minimum requirements for working on a vessel, which are 16 years of age (Regulation 1.1), but Standard A1.1 sets forth a minimum age requirement of 18 when the work is likely to jeopardize the health or safety of the seafarer.  It is generally thought transiting the High Risk Area (HRA), as defined by the International Bargaining Forum (IBF) collective bargaining agreement (CBA), would constitute work requiring the minimum age of 18. Title II of the MLC requires states, whose vessels fly their flag, to ensure seafarers’ have a bi-laterally signed employment agreement between seafarer and shipowner. 

 
When a CBA  forms all or part of a seafarer’s employment agreement, then a copy of that CBA shall be made available to the seafarer. MLC Guideline B2.2.2 sets a recommended calculation of payment at 1 and ¼ times basic rate pay for transiting HRAs. (Note:  Seafarers whose CBA fall under the IBF HRA Agreement (October 2008, revised March 2011), would have an additional bonus of doubled basic rate pay when the vessel is transiting the HRA or is attacked by pirates). MLC Regulation 2.5 requires that seafarers be granted the right to return home at no cost to themselves (upon end of employment).  Guideline B2.5 recommends if the vessel is scheduled to transit a Warlike Operations Zone (as defined by nation laws or seafarers’ employment contract), then the seafarer is entitled to repatriation at company expense. Regulation 4.1 calls for flag states to ensure shipowners provide prompt medical attention and have adequate measures for addressing seafarer medical care. Regulation 4.2 provides that shipowners must provide seafarers, in accordance with the laws of the flag and the MLC, assistance and support for financial consequences of sickness, injury or death occurring during the course of employment (including piracy). During time of injury or illness, a seafarer is entitled to “maintenance” which is the weekly allowance paid to seafarers during times of injury or illness and “cure” which is funds provided to cover medical expenses during the period of recovery. Shipowners are also under a duty to maintain a healthy and safe working environment (Regulation 4.3), which includes implementing BMP to mitigate pirate attacks. The signatory member-states are responsible for compliance and enforcement of the MLC.