The third meeting of the Special Tripartite Committee established in accordance with Article XIII of the Maritime Labour Convention, 2006 (MLC, 2006) will take place at the ILO in Geneva, from 23 to 27 April 2018.
The meeting is tasked among others with the consideration of any proposals for amendments to the Code of MLC 2006, and the exchange of information related to the implementation of MLC.
The agenda will include:
- Proposals for amendment to the Code of the MLC 2006 as amended, submitted by the group of Seafarer representatives in accordance with Article XV (23 August 2017) :
The purpose is to codify the protection of seafarers’ wages and other entitlements due from the shipowner to the seafarer under their employment agreement, the relevant collective bargaining agreement or the national law of the flag State during a period when the seafarer is held captive due to piracy or armed robbery and to ensure that responsibility for such is taken by the appropriate party. To ensure that seafarers rights are adequately protected, it is proposed that an amendment is made to both Standards and Guidelines.
- Proposal for the development of ILO guidelines outside the MLC 2006 as amended submitted by the group of Shipowner representatives (26 August 2017) :
The Shipowners Group considers that the most appropriate, effective and proportionate response would be to develop Office guidelines on the protection of seafarers’ wages when a seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships and proposes that the guidance could be developed to be broad in scope and address all personnel onboard seagoing vessels, and not just those within the scope of the MLC 2006.
Furthermore, such guidance would also ensure that the current statutory requirement and practice of shipowners continuing to pay seafarers’ wages and provide all other entitlements in accordance with their seafarers’ employment agreements, when seafarers are held captive on or off the ship as a result of acts of piracy or armed robbery against ships is clear and unquestioned. Any amendment to the Code of the MLC, 2006, on this issue could have the unfortunate and unintended consequence of negatively affecting current practice or lead to confusion about existing requirements under the MLC, 2006, related to payment of wages and SEAs.
