Article II(3)
ART2_III
Pursuant to the report submitted by the Government of Brazil on 01 September 2022, under Article 22 of the ILO Constitution, Order MTP No. 3.802, of 16 November 2022, published on 18 November 2022, seafarer means any person who works continuously on board a ship to which the MLC, 2006 applies. This definition does not include persons who perform occasional work on board, such as maintenance and repair technicians, scientists, researchers, geologists, inspectors, superintendents, shipowners, pilots, port workers, and “other workers not members of the ship’s crew”. Any doubts as to whether any other category of worker constitutes a seafarer shall be resolved by the competent authority after consultation with the shipowners’ and workers’ representatives.
Article II(5)
ART2_V
Pursuant to the report submitted by the Government of Brazil on 01 September 2022, under Article 22 of the ILO Constitution, Section 2(II) of Order MTP No. 3.802 excludes from the definition of ship – in addition to categories excluded by the definition of ship under the Convention – offshore drilling units, production, storage and unloading units flying the Brazilian flag. Any doubts as to whether any other category of vessel constitutes a ship shall be resolved by the competent authority after consultation with the shipowners’ and workers’ representatives.
Article II(6)
ART2_VI
NO_NAT_DET_DEFINED
