On 26 December 2020, the 2018 amendments to the Maritime Labour Convention, 2006 (MLC, 2006) are expected to enter into force, requiring seafarer employment agreements (SEAs), such as wages and other entitlements, to continue to have effect when seafarers are held captive on or off the ship due to piracy or armed robbery.
The third meeting of ILO’s Special Tripartite Committee agreed on the MLC amendments in late April, 2018. Under the amendments, SEAs must remain in effect until the seafarer is released and repatriated or perishes in captivity.
Through a new Marine Safety Advisory, the Republic of the Marshall Islands (RMI) Maritime Administrator informs it has implemented these amendments through §7.45.1 of the RMI Maritime Regulations (MI-108). As a result:
- RMI-flagged shipowners must ensure that SEAs and/or any applicable collective bargaining agreements that are signed on or after the EIF date cover the 2018 MLC, 2006 amendments.
- The 2018 MLC, 2006 amendments do not necessitate changes to the Declaration of Maritime Labour Compliance (DMLC) Part I, so no new DMLC Part I is needed and none will be issued due to these amendments.
- DMLC Part II amendments, if any, do not require submission to the Recognized Organizations (ROs) at this time. ROs will be confirming compliance with the new requirements during their MLC, 2006 inspections on or after the EIF date.