AMSA has issued Marine Notice to advise on AMSA’s approach to implementing the Maritime Labour Convention, 2006 (MLC, 2006) requirements for the maximum continuous period that a seafarer can serve on board a vessel without taking leave.It also outlines how these requirements will be enforced by AMSA during MLC, 2006 more detailed inspections.
The relevant sections of MLC, 2006, Regulation 2.4 – Entitlement to leave and Regulation 2.5 – Repatriation, which make reference to the maximum continuous period that a seafarer can serve on board a vessel without taking leave, are quoted below.
- Regulation 2.4 – Entitlement to leave
Purpose: To ensure that seafarers have adequate leave
1. Each Member shall require that seafarers employed on ships that fly its flag are given paid annual leave under appropriate conditions, in accordance with the provisions in the Code.
2. Seafarers shall be granted shore leave to benefit their health and well-being and with the operational requirements of their positions.
- Standard A2.4
1. Each Member shall adopt laws and regulations determining the minimum standards for annual leave for seafarers serving on ships that fly its flag, taking proper account of the special needs of seafarers with respect to such leave.
2. Subject to any collective agreement or laws or regulations providing for an appropriate method of calculation that takes account of the special needs of seafarers in this respect, the annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment. The manner in which the length of service is calculated shall be determined by the competent authority or through the appropriate machinery in each country. Justified absences from work shall not be considered as annual leave.
3. Any agreement to forgo the minimum annual leave with pay prescribed in this Standard, except in cases provided for by the competent authority, shall be prohibited. Standard A2.5.2
2. Each Member shall ensure that there are appropriate provisions in its laws and regulations or other measures or in collective bargain agreements, prescribing:
- the circumstances in which seafarers are entitled to repatriation in accordance with paragraph 1(b) and(c) of this Standard;
- the maximum duration of service periods on board following which a seafarer is entitled to repatriation – such periods to be less than 12 months; and
- the precise entitlements to be accorded by shipowners for repatriation, including those relating to the destinations of repatriation, the mode of transport, the items of expense to be covered and other arrang
Compliance and enforcement
On this basis, when a complaint is received or during a more detailed inspection, AMSA inspectors will verify compliance with Regulation 2.4, ensuring seafarers serve no longer than 11 months continuously on board a vessel. This will include verification that any service extensions do not result in seafarers serving on board for more than 11 months.
Where inspectors identify that a seafarer has served on board a vessel for more than 11 months, but less than 13 months and this occurred with the full consent of the seafarer and in accordance with any flag State requirements, the non-compliance will be brought to the attention of the master and the vessel owner, with an expectation that the non-compliance will be rectified at the earliest possible opportunity. Due consideration to flag States policy in this regard may be taken into account.
Where inspectors identify that a seafarer has served on board a vessel for more than 13 months, or in cases of systemic breaches, the non-compliance will be managed in accordance with MLC, 2006 Standard A5.2.1.6. This requires the inspector to take steps to ensure that the ship shall not proceed to sea until the non-conformities have been rectified, or until the inspector has accepted a plan of action to rectify such nonconformities and is satisfied that the plan will be implemented in an expeditious manner.
Further details may be found by reading the Marine Notice below
Source: AMSA
