Maritime Labour Convention, 2006 (MLC, 2006) - Bangladesh (Ratification: 2014)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of Bangladesh Merchant Marine Officers’ Association (BMMOA) and of Bangladesh Seafarers Union, received with the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that the Government has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2014 by the International Labour Conference and is therefore not bound by these amendments. The Committee notes that the amendments to the Code adopted by the International Labour Conference, in 2016 and 2018, entered into force for Bangladesh on 8 January 2019 and 29 December 2020 respectively. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Impact of the COVID-19 pandemic.The Committee refers to the observations of the International Transport Workers' Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. The Committee notes that it did not have the opportunity to examine the application of the MLC, 2006 by Bangladesh during the peak of the pandemic. Noting with deep concern the impact that the COVID-19 pandemic had on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue and requests the Government to ensure that any remaining restrictions are lifted in order to guarantee full compliance with the MLC, 2006.

Article I of the Convention. General questions on application. 1. Implementing measures. The Committee notes the Government’s indication that Bangladesh’s main legislation relating to maritime issues is the Maritime Merchant Shipping Ordinance, 1983 (amended up to 2004) and that, following the provisions of the MLC, 2006, this legislation is at its final stage of revision. The Government indicates that the Director General of the Department of Shipping issued draft legislation to give effect to the provisions of the relevant IMO and ILO Conventions, signed by Bangladesh through notification 04 of 2021 dated 1 July 2021. The Committee observes that the draft Bangladesh Merchant Shipping Act 2020 (hereinafter BMSA) and the draft Bangladesh Merchant Shipping (MLC Implementation) Regulation 2020 would be the main national provisions implementing the requirements of the MLC, 2006. The Committee further notes that the Bangladesh Seafarers Union indicates that the finalization of the draft legislation is unnecessarily being delayed and prolonged to the detriment of interests of the seafarers’ community. The Committee also notes that BMMOA indicates that the Department of Shipping (DOS) circulars adopted to give effect to the requirements of the MLC, 2006 were unfortunately not implemented by the Shipping Office and other institutions. The Committee notes with interest that the draft legislation represents a significant step forward towards the implementation of the MLC, 2006. Noting however that the draft legislation is yet to be adopted, the Committee requests the Government to adopt the necessary measures without further delay to fully implement the provisions of the Convention in law and in practice and to provide a copy of the amended legislation once adopted. The Committee further requests the Government to provide information in relation to the Bangladesh Seafarers Union and BMMOA observations.

2. Collective agreements. The Committee previously requested the Government to specify whether the two collective agreements to which it refers are in force and to provide details on their scope of application.The Committee notes the Government’s indication that the two collective agreements in force for the Bangladeshi seafarers are: (1) the Bangladesh Merchant Marine Officers’ Association (BMMOA) IBF Collective bargaining agreement 2019–22, jointly signed by representatives of IMEC (International Maritime Employers Council), ITF and BMMOA, which applies to Bangladeshi seafarers working onboard open registry vessels; and (2) a similar tripartite IBF Collective agreement for the ratings whose union is represented by Bangladesh Seamen's Association (BSA). Noting that these documents have not been made available, the Committee requests the Government to provide a copy thereof. The Committee further notes that Bangladesh Seafarers Union indicates that there are 22 collective bargaining agreements covering over 4000 seafarers that the Government has not mentioned in its response to the Committee, nor has it referred to the challenges regarding the social security benefits contributions to be made by employers to benefit seafarers under those agreements. Bangladesh Seafarers Union also adds that the draft legislation under review does not contain any provision in regard to CBAs. The Committee requests the Government to provide information in relation to the observations made by the Bangladesh Seafarers Union.

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. Noting that section 2(45) of the Bangladesh Merchant Shipping Ordinance 1983 (hereinafter Merchant Shipping Ordinance) provides that “seaman” means a person employed or engaged for service in any capacity on board any ship, but does not include a master, pilot or apprentice, the Committee requestedthe Government to provide information on any measures adopted to amend the legislation in order to give full effect to the Convention. The Committee notes the Government’s indication that section 4(78) of the draft BMSA provides that seafarer means a person employed or engaged for service in any capacity on board any ship, including master and apprentice. The Committee further notes that Regulation 2 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides that “seafarer” means any person, including the master and apprentice of a ship, who is employed or engaged or works in any capacity on board a ship and whose normal place of work is on board a ship but does not include a pilot, a port worker or a person temporarily employed on the ship during the period in port. While noting this definition, the Committee however has not been able to find information on the criteria used to determine which are the categories of workers whose normal place of work is not on board a ship and who are therefore not to be considered seafarers for the purpose of the Convention. The Committee considers that, in order to avoid legal uncertainties as to the categories of persons covered by the Convention, clear criteria should be adopted in this regard. The Committee requests the Government to provide information on the adoption of precise criteria to define the categories of persons which are not to be regarded as seafarers under the draft legislation (categories of workers whose normal place of work is not on board a ship), after consultation with the shipowners' and seafarers' organizations concerned, in accordance with Article II, paragraph 3.

Article VI, paragraphs 3 and 4. Substantial equivalence. The Committee notes that, in response to its previous request on this issue, the Government indicates that no substantial equivalences have been adopted. The Committee observes however that regulation 32 of the draft Merchant Shipping (MLC implementation) Regulation 2020 provides for the possibility, in respect of a particular ship, or ships of a particular description, for the Director General to approve arrangements which, when taken together with the conditions to which the approval is subject, are considered substantially equivalent to the accommodation requirements. The Committee observes that there is no indication as to what are the conditions to which the approval is subject. The Committee draws the Government’s attention to the fact that the concept of substantial equivalence is not a matter for administrative discretion but is a matter to be decided by a Member that must first make sure, in accordance with Article VI, paragraphs 3 and 4, of the Convention, that it is not in a position to implement the rights and principles in the manner set out in Part A of the Code of the MLC, 2006. Any substantial equivalences that have been adopted must be stated in Part I of the DMLC that is to be carried on board ships that have been certified. The Committee requests the Government to indicate the measures taken to ensure that any substantial equivalence adopted in the future under regulation 32 of the draft Merchant Shipping (MLC implementation) Regulation 2020 follows the requirements of Article VI, paragraph 4.

The Committee further notes that regulation 37(5) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides that “[t]he Director General may approve as respects a particular ship, or as respects ships of a particular description, arrangements which, when taken together with the conditions to which the approval is subject, the Director General considers are substantially equivalent” to the requirement to carry a qualified ship’s cook on board. The Committee, however, observes that the Government has not provided information on the national legal provisions that it regards as an alternative solution to the requirement of Standard A3.2, paragraph 5.The Committee requests the Government to indicate the measures taken to ensure that any substantial equivalence adopted in the future under regulation 37(5) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 follows the requirements of Article VI, paragraph 4.

Article VII. Consultations. The Committee notes that Bangladesh Seafarers Union indicates that, while Article VII provides for consultation with shipowners’ and seafarers’ organizations and that a number of provisions of the Convention specifically require consultations, such as Standard A1.1, paragraphs 3 and 4 (night work and types of work likely to jeopardize the health or safety of seafarers under 18), Standard A1.2, paragraph 2 (nature of the medical examination and certificate), Standard A1.4, paragraphs 2 and 3 (recruitment and placement), Standard A2.1, paragraph 5 (minimum notice periods for the early termination of a seafarers’ employment agreement (hereafter SEA)), and Regulation 4.3, paragraph 2 (national guidelines for the management of occupational safety and health on board ships), there are no provisions in the draft legislation for the purpose of such consultations. The Committee requests the Government to provide information in relation to the Bangladesh Seafarers Union’s observations and to indicate whether consultations have taken place when required by the relevant provisions of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee previously noted that section 98 of the Merchant Shipping Ordinance provides that the minimum age to work on a ship is 15 years and allows for a number of possible exceptions to the above limit. The Committee therefore requested the Government to indicate the measures taken to ensure full compliance with Regulation 1.1. and Standard A1.1. The Committee notes the Government’s indication that regulation 4(1) of the draft Bangladesh Merchant Shipping (MLC Implementation) Regulation 2020 states that “a person under 16 years of age shall not be employed, engaged or work on board a ship”. The Committee also observes that section 111 of the draft BMSA provides that the minimum age to work on board a ship is 16 years. The Committee expects that the draft legislation will be adopted in the very near future and requests the Government to provide a copy of the amended texts once adopted.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes the Government’s indication that regulation 4(2) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 prohibits night work for seafarers under 18 years of age and regulation 4(3) provides for exceptions to the strict prohibition of night work where (a) the effective training of the seafarer, in accordance with established programmes and schedules, would be impaired by its application; or (b) the specific nature of the duty or of an approved or recognized training programme requires that the seafarer performs duties at night. While noting this information, the Committee requests the Government to indicate how it ensures that any exception to night work is not detrimental to the health or well-being of young workers and whether it has consulted the social partners before authorizing the above-mentioned exceptions, thereby ensuring full conformity with Standard A1.1, paragraph 3(b).

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee previously requested the Government to indicate the measures taken to ensure full compliance with Regulation 1.1. and Standard A1.1, including measures to ensure that no exceptions to the prohibition of hazardous work for young seafarers are allowed. The Committee observes that section 111 of the BMSA provides that no young person under sixteen years of age shall be employed or carried to sea to work in any capacity in any ship, and no seafarers under the age of 18 shall be engaged in night work or hazardous works as may be prescribed. The Committee notes, in this regard, that the draft legislation does not contain the list of hazardous activities. The Committee requests the Government to indicate the measures taken to adopt a list of types of hazardous work taking into account the specific conditions of work on board ships for young seafarers under 18 years of age, after consultation with the seafarers’ and shipowners’ organizations concerned, as required under Standard A1.1, paragraph 4 and, if so, to transmit a copy.

Regulation 1.2 and the Code. Medical certificate. The Committee previously noted that the provisions of the Merchant Shipping Ordinance and of the Bangladesh Merchant Shipping Officers and Ratings Training, Certification, Recruitment, Work Hours and Watchkeeping Rules, 2011 are not fully in conformity with the Convention. The Committee notes the Government’s indication that regulation 5 of the draft Bangladesh Merchant Shipping (MLC Implementation) Regulation 2020 provides that every seafarer employed on board a Bangladesh ship shall be in possession of a valid medical fitness certificate attesting that s/he is medically fit to perform the duties s/he is to carry out and that such medical fitness certificate is to be issued in accordance with DOS executive order No CNS/ILO/2013 and DOS Circular No 916 on medical examination. Noting that these two documents have not been made available, the Committeeaccordingly requests the Government to provide a copy of the provisions implementing Regulation 1.2.

Regulation 1.4 and the Code. Recruitment and placement. The Committee requested the Government to reproduce the relevant parts of the Seaman Recruiting Agent Licence Rules, 2005, in English, as well as to provide detailed information on how the requirements of Standard A1.4,paragraph 5, are complied with.The Committee notes the Government’s indication that theDepartment of Shipping is planning to review the Seaman Recruiting Agent Licence Rules, 2005 and at that time an English version will be prepared. The Committee observes that section116 of the draft BMSA and regulation 8 of the draft Bangladesh Merchant Shipping (MLC Implementation) Regulation 2020 implement most of the requirements of Regulation 1.4 and the Code. The Committee notes, however, that the provisions of the draft legislation do not refer to (i) the prohibition of seafarer recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified (Standard A1.4, paragraph 5(a)); (ii) how seafarer recruitment and placement services make sure, as far as practicable that the shipowner has the means to protect seafarers from being stranded in a foreign port (Standard A1.4, paragraph 5(c)(iv); and (iii) how seafarer recruitment and placement services examine and respond to any complaint concerning their activities and advise the competent authority of any unresolved complaint (Standard A1.4, paragraph 5(a)(v)). The Committee requests the Government to adopt the necessary measures to ensure that full effect is given to Regulation 1.4 and the Code, and to provide updated information on the progress made with respect to the review the Seaman Recruiting Agent Licence Rules, 2005 and its English version.

Regulation 2.1 and the Code. Seafarers’ employment agreement. The Committee requested the Government to take the necessary measures to ensure that its legislation implementing Standard A2.1 covers all seafarers working on board ships flying the Bangladeshi flag, regardless of their nationality and the place of engagement. The Committee notes the Government’s indication that regulation 3 of the draft Bangladesh Merchant Shipping (MLC Implementation) Regulation 2020 provides that this legislation applies to all sea-going Bangladesh ships wherever they may be and all foreign flag ships, while in Bangladesh waters, and therefore, all seafarers serving on board ships are covered. The Committee observes that regulations 9 to 13 of the above-mentioned legislation implement the requirements of the Convention with respect to conditions of employment and apply to all seafarers and ships within the definition of the Convention. The Committee, however, notes that section 120(1) of the draft BMSA provides that “[n]o person shall cause or permit any person without a seafarer’s employment agreement to be employed as a seafarer on a ship, except a coasting ship of less than two hundred tons gross so long as such coasting ship is employed on voyages confined to ports or places within Bangladesh”. The Committee recalls that the provisions of Regulation 2.1 apply to all ships covered by the Convention, without limitations of tonnage or trading pattern. The Committee requests the Government: (i) to provide statistical information about the number and categories of ships falling under this category; and (ii) to take the necessary measures to ensure that the protection afforded by the Convention is guaranteed to all seafarers working on board ships within the meaning of the Convention, including ships of less than 200 gross tonnage engaged in domestic voyages.

Regulation 2.1 and Standard A2.1, paragraphs 1(a) and (c). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. Signed original. Noting that the provisions of the Merchant Shipping Ordinance are not fully in conformity with the requirements of Standard A2.1, paragraphs 1(a) and (c), the Committee requested the Government to indicate the relevant national provisions authorizing the master to act as a representative of the shipowner and to specify how it is ensured that the shipowner and seafarer concerned have each a signed original of the SEA.The Committee observes the Government has drafted new legislation which partially implements the requirements of Standard A2.1. The Committee, however, observes that the articulation is unclear between (i) the general provisions of sections 119(1) and 120(2) of the draft BMSA and regulation 9 of the draft Bangladesh Merchant Shipping (MLC implementation)Regulation 2020 requiring that agreements be signed by both the shipowner or his representative and the seafarer and that they both have a signed original of the agreement; and (ii) the provisions of section 122 of the draft BMSA applicable to Bangladeshi foreign-going ships which do not seem to require the signature of the shipowner nor that the seafarer retains a copy of the agreement. The Committee is unable to identify whether in the case of Bangladeshi foreign-going ships, the agreement referred to in section 122 is additional and coexists besides the individual seafarer employment agreement prescribed by section 120 and regulation 9 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020. The Committee notes that Bangladesh Seafarers Union has shared similar concerns regarding the provisions of the draft BMSA. The Committee accordingly requests the Government to adopt the necessary measures to ensure that all seafarers, including those working on Bangladeshi foreign-going ships, are given a written legally enforceable agreement signed by them and the shipowner or his representative and that the shipowner and seafarer concerned have each a signed original of the SEA (Standard A2.1, paragraph 1(a) and (c)). The Committee further requests the Government to provide an example of a seafarers’ employment agreement.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. The Committee previously requested the Government to indicate the measures taken to ensure that the requirement of Standard A2.1, paragraph 1(b) not only applies to foreign-going ships but to all ships covered by the Convention, including those navigating in territorial waters. The Committee notes the Government’s indication that the draft legislation gives effect to this provision of the Convention and applies to all ships. The Committee observes that section 120(2) of the draft BMSAand regulation 10(4) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 give effect to the requirement of Standard A2.1, paragraph 1(b) for all ships. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee previously requested the Government to take the necessary measures to ensure that the record of employment does not contain any statement as to the quality of the seafarer’s work, in conformity with Standard A2.1, paragraph 3.The Committee notes the Government’s indication that regulation 12(6) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides that the written record of the seafarer’s work on a ship provided by the shipowner to the seafarer after his/her work on board a ship comes to an end shall not contain provision about the quality of the seafarer’s work nor about the seafarer’s wages. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee previously noted that some of the particulars listed under Standard A2.1, paragraph 4, are not mentioned in the Merchant Shipping Ordinance and requested the Government to indicate how it ensures compliance with Standard A2.1, paragraph 4(a)-(c) and (f)-(i). The Committee notes the Government’s indication that Regulation 10 and schedules 1, parts I-III of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 give effect to the requirement of Standard A2.1, paragraph 4. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 2.1 and Standard A2.1, paragraph 5. Seafarers’ employment agreement. Minimum notice period for termination. Noting the Government’s indication that the minimum period of notice for termination of a SEA is 30 days, except for mutual agreement, the Committee requested the Government to specify the applicable legislative provisions giving effect to Standard A2.1, paragraph 5which requires the adoption of laws and regulations establishing the minimum notice periods for early termination of SEAs. The Committee notes the Government’s indication that regulation 11(1) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides that the minimum period of notice which shall be given before terminating a seafarer employment agreement is seven days or such longer period as may be specified in the agreement. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee previously requested the Government to indicate the measures taken to ensure that no penalty is imposed on seafarers who terminate the SEA on shorter notice or without notice for compassionate or other urgent reasons. The Committee notes the Government’s indication that regulation 11(3) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides that the earlier termination of a seafarer employment agreement is possible without penalty where this is requested by the seafarer on compassionate grounds or where the seafarer is dismissed for reasons of gross misconduct. The Committee expects that the draft legislation will be adopted without further delay.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions.

Regulation 2.2 and Standard A2.2, paragraph 1. Wages. Regular payment. In its previous request, the Committee requested the Government to indicate how effect is given to the requirements that payments due to seafarers be made at no greater than monthly intervals and in accordance with any applicable collective agreement (Standard A2.2, paragraph 1) and that seafarers be given a monthly account of the payments due and the amounts paid (Standard A2.2, paragraph 2). The Committee observes that section135 of the draft BMSA and Regulation 16 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 give effect to the requirementof Standard A2.2, paragraphs 1 and 2. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 2.2 and Standard A2.2, Paragraphs 3, 4 and 5. Wages. Allotments. The Committee notes that section 135 of the draft BMSA provides that the Director-General may, with the approval of the Government, make regulations providing for arrangements for seafarers to transmit all or part of their wages to nominated beneficiaries. The Committee observes that regulations 16 and 17 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 which deal with seafarers’ wages are however silent as to the right for seafarers to transmit their earnings to their families or dependants or legal beneficiaries. The Committee requests the Government to indicate how effect is given to this requirement of the Convention, in accordance with Standard A2.2, paragraphs 3, 4 and 5.

Regulation 2.2 and the Code. Wages. Deductions. The Committee previously noted that it was not clear from the provisions of section 142(1) of the Merchant Shipping Ordinance what may be deducted from seafarers’ wages. The Committee therefore requested the Government to indicate how it has given due consideration to Guideline B2.2.2, paragraph 4(h) which provides that national laws and regulations adopted after consulting the relevant seafarers’ and shipowners’ organizations or, as appropriate, collective agreements, should take into account that deductions from remuneration should be permitted only if: (i) there is an express provision in national laws or regulations or in applicable collective agreements and the seafarer has been informed of the conditions for such deductions; and (ii) the deductions do not in total exceed the limit that may have been established by national laws or regulations or collective agreements or court decisions for making such deductions. The Committee notes the Government’s indication that it will give due consideration to Guideline B2.2.2, paragraph 4(h) after consulting the relevant seafarers’ and shipowners’ organizations, as appropriate. The Committee further observes that section 165 of the draft BMSA sets the circumstances under which fines can be withheld from wages, which is in case of any act of misconduct, defined in section 159 of the same Act.The Committee expects that the draft legislation will be adopted without further delay.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. The Committee previously requested the Government to specify whether the national provisions regulating the minimum hours of rest for seafarers also apply to the master, chief engineer, chief mate and second engineer and requested the Government to provide copies of the applicable collective agreements which have been authorized or registered that permit exceptions to the established limits to working time. The Committee notes the Government’s indication that the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020, including the provisions on hours of rest apply to all seafarers. The Committee further observes that Regulation 14(3) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides that the Director-General may authorize collective agreements allowing exceptions to the hours of work prescribed by Standard A2.3, paragraphs 5 and 6. The Committee, once again, requests the Government to provide a copy of the applicable collective agreements.

Regulation 2.4 and the Code. Entitlement to leave. The Committee requested the Government to provide information on the laws and regulations determining the minimum standards for annual leave and the right of seafarers to shore leave(Regulation 2.4 and Standard A2.4, paragraph 1), as well as on any legislative provisions or collective agreements establishing the method of calculation of annual leave (Standard A2.4, paragraph 2). The Committee further requested the Government to specify whether any agreement to forgo the minimum annual leave is prohibited under legislation in force (Standard A2.4, paragraph 3). The Committee notes the Government’s indication that Regulation 14(8) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 gives effect to the requirement of Standard A2.4 on entitlement to leave and Regulation 14(9) implements the requirement of Regulation 2.4, paragraph 2 to grant seafarers shore leave. The Committee further observes that the prohibition to forgo the minimum annual leave is implemented by Regulation 14(8)(a)(ii) which provides that leave to which a seafarer is entitled under this regulation may not be replaced by payment in lieu, except where the seafarer’s employment is terminated. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 2.5 and Standard A2.5.1. Repatriation. Scope of application. Noting that the provisions of the Merchant Shipping Ordinance which regulate repatriation appear to only apply to situations related to foreign-going ships or situations occurring “at a port or place outside Bangladesh”, the Committee requested the Government to indicate the measures taken to ensure full conformity with Regulation 2.5 to ensure that its national provisions apply to all seafarers working on board ships flying the flag of Bangladesh, regardless of their nationality. The Committee notes the Government’s indication that Regulation 19 to 27 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 prescribe the circumstances and the conditions under which all seafarers have a right to be repatriated and that Regulation 28 addresses special requirements for foreign flag ships. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a) and (b). Repatriation. Circumstances. Maximum duration of service on board. The Committee previously requested the Government to provide detailed information on the circumstances for repatriation and the maximum period of service on board after which the seafarer is entitled to repatriation(Standard A2.5.1, paragraph 2(a) and (b)). The Committee notes the Government’s indication that regulation 19 of the draft Bangladesh Merchant (MLC implementation) Regulation 2020 prescribes the circumstances under which seafarers can be repatriated and also provides in Schedule 1 that the maximum period on board following which a seafarer is entitled to repatriation shall not exceed a period of 12 months less the number of days of statutory paid leave to which the seafarer is entitled. The Committee expects that the draft legislation will be adopted without further delay.

The Committee further notes that regulation 21 of the draft Bangladesh Merchant (MLC implementation) Regulation 2020 provides that the duty to repatriate ends when: (b) the shipowner makes reasonable arrangements for repatriation which are unsuccessful because of the seafarer’s unreasonable conduct; (d) the seafarer confirms in writing to the shipowner that repatriation is not required; or (e) the seafarer is dead. The Committee recalls that the Convention does not provide that the right to repatriation ends when the circumstances provided under Standard A2.5.1, paragraph 1 are met. The Committee further observes that there does not seem to be a reference to the procedure and processes which would be used to determine whether the seafarer’s conduct was reasonable or not pursuant to regulation 21(b) of the draft Bangladesh Merchant (MLC implementation) Regulation 2020. Observing that regulation 21(b) and (d) of the draft Bangladesh Merchant (MLC implementation) Regulation 2020 are not in conformity with the Convention, the Committee requests the Government to adopt the necessary measures to ensure that any provision of national legislation which deprives seafarers of their right to repatriation is limited to the circumstances allowed by the Convention. Concerning the repatriation of the bodies or ashes of deceased seafarers, the Committee requests the Government to indicate how it has given due consideration to Guideline B4.1.4, paragraph 1 (k).

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee previously requested the Government to indicate how it has given due consideration toGuideline B2.5.1, paragraphs 6 and 7. The Committee notes that the Government refers to regulation 20 of the draft Merchant Shipping (MLC implementation) Regulation 2020 which gives consideration to Guideline B2.5.1, paragraphs 6 and 7 given that (i) a seafarer is entitled to repatriation to the destination provided for in the seafarer employment agreement, or such other place as may subsequently be agreed with the shipowner; and (ii) if the seafarer employment agreement does not identify a destination, and there has been no agreement between the seafarer and the shipowner as to the destination, the seafarer is entitled to repatriation to the seafarer’s choice of the following destinations: (a) the place at which the seafarer entered into the seafarer’s employment agreement; or (b) the seafarer’s country of residence. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. Noting that section 136(2) of the Merchant Shipping Ordinance is not in conformity with Standard A2.5.1, paragraph 3 as it provides for the possibility that, when the master or owner fails to pay the expenses related to repatriation without reasonable cause, the seafarer defrays such expenses and subsequently recovers them, the Committee requestedthe Government to indicate the measures taken or envisaged to bring its legislation into full conformity with the Convention. The Committee notes the Government’s indication that regulation 23 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides for the prohibition for shipowners to recover repatriation costs from seafarers except where the agreement is terminated because of the seafarer’s serious misconduct. The Committee further observes that misconduct is defined in section 159 of the draft BMSA and covers circumstances endangering ships and persons which are of serious nature. The Committee notes that sections 326, 327 and 328 of the draft BMSA detail proceedings to be followed. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. While recalling that Bangladesh is not bound by the 2014 amendments, the Committee notes the Government’s indication that DOS issued a circular on 3 March 2019 on liability insurance for seafarer abandonment, death and long-term disability and all the shipping companies are following this circular. The Committee observes that this circular provides that all Bangladesh ships that are required to be certified or have opted for voluntary certification under MLC, 2006 must carry on board certificates or other documentary evidence of financial security to show compliance with Standard A2.5.2 regarding shipowner liabilities in cases of abandonment and Standard A4.2.1 regarding the treatment of contractual claims relating to death and long-term disability. The Committee takes note of this information.

Regulation 2.7 and Standard A2.7, paragraphs 1 and 3. Manning levels.The Committee notes that pursuant to regulation 4 of the draft Merchant Shipping (Safe Manning) Regulations, 2020, a safe manning Document does not need to be issued for a vessel of less than 200GT unless such a vessel requests it. The Committee also observes that regulation 7 on the manning scale provides that all Bangladesh ships are required to carry a minimum safe manning certificate. Recalling that Regulation 2.7 applies to all ships that fly the flag of a Member, the Committee accordingly requests the Government to provide information on measures adopted to ensure that ships of less than 200 gross tonnage are sufficiently, safely and efficiently manned as required by the Convention and to clarify the relationship between the minimum safe manning document and the minimum safe manning certificate.

TheCommittee, previously noted that section 82(6), (7) of the Merchant Shipping Ordinance provides that the Government may exempt any ship or class of ships from any requirement of any Order of the Director-General of the DOS on minimum safety manning and requested the Government to indicate the measures taken in order to ensure full conformity with Standard A2.7. The Committee observes that regulation 11 of the draft Merchant Shipping (Safe Manning) Regulations, 2020 provides that “[t]he Director General may grant exemptions, not inconsistent with the Convention, on such terms as he may specify, from all or any provision of these regulations on a case by case basis”. Recalling thatStandard A2.7 of the Convention does not contemplate exemptions, the Committee requests the Government to adopt the necessary measures to ensure that full effect is given to Regulation 2.7 and the Code.

Regulation 3.1 and Standard A3.1, paragraph 1. Accommodation and recreational facilities. Legislation. Noting that there is no specific legislation providing for the requirements of the Convention respecting accommodation and recreational facilities, the Committee previously requested the Government to provide detailed information on the legislation adopted to give effect to the requirements of Standard A3.1. The Committee notes that sections 29 to 33 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 prescribe the accommodation requirements for Bangladesh ships and schedule 3 prescribes detailed requirements for ships that have had their keel laid after the date when the MLC, 2006 came into force for Bangladesh. The Committee however observes that while regulation 16(2) provides that seafarers’ recreational facilities, amenities and services shall be provided on board for the benefit of all seafarers, taking into account provisions on health and safety protection and accident prevention, there is no similar requirement with respect to accommodation facilities. The Committee further notes that while paragraphs 2.3 and 2.4 of schedule 3 aim to minimize noise, Standard A3.1, paragraph 6(h), is broader in scope as it refers to the obligation to prevent the risk of exposure to hazardous levels of noise and vibration and other ambient factors and chemicals. The Committee requests the Government to provide information on how it ensures that the requirements of Standard A3.1, paragraph 2 with respect to health and safety protection and accident prevention as well as Standard A3.1, paragraph 6(h), concerning noise and vibration are implemented and to specify the provisions adopted to this effect.

Regulation 3.1 and Standard A3.1, paragraph 3. Accommodation and recreational facilities. Flag State inspections. The Committee notes that there is no indication in the draft legislation, in relation to Standard A3.1, paragraph 3, whether inspections required under Regulation 5.1.4 (inspections and enforcement) are carried out when a ship is registered or re-registered and/or when seafarer accommodation is substantially altered. The Committee requests the Government to indicate the measures taken or envisaged to ensure compliance with Standard A3.1, paragraph 3 of the Convention.

Regulation 3.1 and Standard A3.1, paragraph 21. Accommodation and recreational facilities. Exemptions. Noting that section 188(4) of the Merchant Shipping Ordinance provides that “the Government may exempt any ship or class of ships from the requirements of any rules made under this section either absolutely or subject to such conditions as it may consider fit”, the Committee invited the Government to indicate whether exemptions were adopted and whether the grounds invoked were in conformity with paragraph 21 whichallows exemptions only where they are expressly permitted in the Standard and only for particular circumstances in which such exemptions can be clearly justified. The Committee notes the Government’s indication that section 31 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 and paragraphs 2.9 and 2.10 of schedule 3 of that same Regulation allow for exemptions where permitted under Standard A3.1 which shall be granted in writing by the Director General. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 4.1 and the Code. Medical care on board and ashore. While noting that regulations 43 to 47 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 partially implement the requirements of Regulation 4.1 and the Code, the Government does not provide any information on laws and regulations requiring that: (i) ships carry a medicine chest, medical equipment and a medical guide subject to regular intervals, to ensure that they are properly maintained (Standard A4.1, paragraph 4(a)); (ii) ships who do not carry on board a medical doctor have a seafarer on board competent to provide medical assistance (Standard A4.1, paragraph 4(c)); and (iii) ships carry appropriate equipment and maintain up-to-date contact information for radio or satellite communication to obtain onshore medical advice while on a voyage (Standard A4.1, paragraph 4(d)). The Committee requests the Government to provide information on the national provisions adopted to ensure conformity with these requirements of the Convention.

Regulation 4.1, paragraph 3 and Standard A4.1, paragraph 1(c). Medical care on board and ashore. Right to visit a doctor or dentist in ports of call. The Committee previously requested the Government to provide information on the applicable national provisions implementingRegulation 4.1, paragraph 3, and Standard A4.1, paragraph 1(c).The Committee notes the Government’s indication that regulation 45 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides that “[w]hen a ship is in a port of call, the shipowner shall permit a seafarer to go ashore for medical attention of a kind which is not available on board the ship, where this is reasonably practicable.” The Committee further observes that regulation 46(b) on requirements for foreign ships provides that a seafarer shall be permitted to visit a qualified medical doctor or dentist without delay in ports of call, where practicable.” While noting that regulation 45 does not specifically refer to the possibility for a seafarer to visit a dentist in the case of Bangladesh ships, regulation 43(4) provides that the shipowner shall meet the expenses of dental treatment. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 4.1 and Standard A4.1, paragraph 1(d). Medical care on board and ashore. Services provided free of charge. The Committee requested the Government to indicate how it ensures thatthe protection of medical care on board ship and ashore shall, in principle, be provided at no cost for seafarers.The Committee notes the Government’s indication that regulation 43(3)(b) and (4) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides that the shipowner shall cover the expenses of surgical, medical, dental or optical treatment, as well as expenses for board and lodging. The Committee further observes that section 141(1) of the draft Bangladesh Merchant Shipping Act 2020 also provides that “[s]eafarers shall be covered by adequate measures for the protection of their health and shall have access to prompt and adequate medical care while working on board a ship at no cost to the seafarer”. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 4.1 and Standard A4.1, paragraph 4(b). Medical care on board and ashore. Minimum requirements. Medical doctor on board. The Committee previously requested the Government to clarify whether a“medical officer” is a qualified doctor for the purpose of Standard A4.1, paragraph 4(b).The Committee notes the Government’s indication that regulation 47 ofthe draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides a definition of who shall be considered a medical practitioner. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 4.2 and the Code. Shipowners’ liability. Observing that the provisions of the Merchant Shipping Ordinance are not in conformity with the Convention, the Committee requested the Government to indicate whether the payment of compensation is subject to an agreement between the shipowner and the seafarer and to provide clarifications on the cases in which deduction from seafarers’ wages in account of medical expenses is allowed.The Committee notes the Government’s indication that regulations 49 and 50 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 prescribe the liability of the shipowner with respect to the financial consequences of sickness, injury or death occurring while seafarers are serving under a SEA or arising from their employment under such agreement. The Committee observes that the provisions of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 do not reproduce the provisions that were not in conformity with the Convention. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 4.2 and Standard A4.2.1, paragraphs 2 and 4. Shipowners’ liability. Limits. The Committee previously requested the Government to provide information on the national provisions, if any, that give effect toStandard A4.2.1, paragraphs 2 and 4, limitingin particular the liability of the shipowner to pay wages in whole or in part in respect of a seafarer no longer on board under certain circumstances. The Committee notes the Government’s indication that regulation 43(6)(a) and (b) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 limits the liability of the shipowner to defray the expense of medical care and board and lodging to a period of 16 weeks beginning on the day on which the sickness or injury first occurs or until the day on which a person authorized to issue seafarer medical certificates notifies the seafarer of a decision that he/she is not fit to carry out the duties which that seafarer is required to carry out under the terms of that seafarer’s seafarer employment agreement, and the seafarer is unlikely to be fit to carry out duties of that nature in the future. The Committee further observes that regulation 50(5) of the same Regulation limits the liability of the shipowner to pay wages in whole or in part on the expiry of the period of 16 weeks commencing on the day following the date of the injury or the first day of the sickness. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. While recalling that Bangladesh is not bound by the 2014 amendments, the Committee takes note of the circular issued by DOS on 3 March 2019 on liability insurance for seafarer abandonment, death and long term disability, which partially implement Standard A4.5.1, paragraphs 8 to 14, and to Standard A4.2.2. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. Observing that the Government provides limited information on the implementation of this Regulation, the Committee requested the Government to provide detailed information on any national laws and regulations and other measures adopted and on their regular review in consultation with representatives of the shipowners’ and seafarers’ organizations, in accordance with Regulation 4.3, paragraph 3, and Standard A4.3, paragraphs 1–3.The Committee notes the Government’s indication that sections 143 to 147 of the draft BMSA prescribe health and safety protection and accident prevention measures. The Committee however observes that these provisions only partially give effect to the requirements of Regulation 4.3 and the Code. The Committee notes that while section 155 of the BMSA provides that, where the Director General becomes aware of any occupational accident, injury or disease arising from service on board any ship, he may appoint a surveyor to investigate the cause and circumstances of the occupational accident, injury or disease, there does not seem to be reference to the reporting and recording of occupational accidents and diseases, nor to statistics of such accidents and diseases which are to be kept and analysed. The Committee requests the Government to provide detailed information on: (i) the development, after consultation with representative shipowners’ and seafarers’ organizations, of national guidelines for the management of occupational safety and health to protect seafarers that live, work and train on board ships flying its flag, and to provide a copy of them when available (Regulation 4.3, paragraph 2); (ii) the development of on-board programmes for the prevention of occupational accidents, injuries and diseases (Standard A4.3, paragraph 1(c)); (iii) the reporting, investigation and statistics on occupational accidents, injuries and diseases (Standard A4.3, paragraphs 5 and 6); and (iv) the obligation to require the shipowners to conduct risk evaluation for occupational safety and health on board ship (Standard A4.3, paragraph 8).

Regulation 4.5 and the Code. Social security. Noting that, at the time of ratification, the Government has specified medical care; sickness benefit; and employment injury benefit; as the branches of social security for which protection is provided, the Committee previously requested the Government to provide detailed information on the measures that give effect to the requirements contained in Regulation 4.5 and Standard A4.5. The Committees notes the Government’s indication that regulation 53 of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 prescribes seafarers’ social security protection and welfare-related measures. The Committee observes that these provisions partially give effect to the requirements of Regulation 4.5 and the Code. The Committee notes that Regulation 53(2) provides that all Bangladeshi seafarers and their dependents, who are ordinarily resident in Bangladesh shall enjoy the protection of the nine branches of social security protection, which shall be progressively extended overtime, according to the schedule defined under schedule 1. The Committee however observes that there is no information as to whether the contributory funds referred to have yet been established, nor to the benefits provided under those three branches. The Committee further observes that, while regulation 53(7) provides that all seafarers, who are not resident in Bangladesh, serving in Bangladeshi ship, shall make separate registration, there is not much information as to what social security coverage they shall have, nor as to how the contributory scheme shall function. In light of the above, the Committee requests the Government (i) to provide details on the social security benefits enjoyed by seafarers in the three branches specified up to this date, both in law and in practice (Standard A4.5, paragraph 2); and (ii) to specify the contributory system fornon-resident seafarers working on ships flying its flag who do not have adequate social security coverage (Standard A4.5, paragraphs 5 and 6).

Regulation 5.1.2 and Standard A5.1.2, paragraphs 1 and 2. Flag State responsibilities. Authorization of recognized organizations. Recognition. The Committee previously requested the Government to provide an example or examples of authorizations given to recognized organizations as required underRegulation 5.1.2, paragraph 2.While noting the Government’s indication that it has provided an example of authorization given to recognized organizations, along with its report, this document however does not seem to have been made available to the Committee. The Committee also observes that there is no indication as to whether the regulations referred to in section 17 of the Bangladesh Merchant Shipping Act 2020 for the purposes of authorizing any organization for the survey, inspection or audit of Bangladesh ships and the issue of any certificate under this Act, have been adopted. The Committee therefore requests the Government (i) to indicate whether such regulations have been adopted; and (ii) to provide, once again an example or examples of authorizations given to recognized organizations as required under Regulation 5.1.2, paragraph 2.

Regulation 5.1.3 and Standard A5.1.3, paragraph 7. Flag State responsibilities. Interim maritime labour certificate. The Committee previously requested the Government to indicate how it ensures compliance with Standard A5.1.3, paragraph 7 providing that the interim certificate is issued following verification of certain requirements. The Committee notes the Government’s indication that regulation 54(5)(b) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 gives effect to the requirement of Standard A5.1.3, paragraph 7. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee previously requested to provide a copy of the DMLC, Part I, drawn up by the competent authority, as well as an example of a DMLC, Part II, drawn up by the shipowner indicating the areas listed under Appendix A5-I of the Convention which are subject to inspection prior to certification and issue of the maritime labour certificate. While noting the Government’s indication that copies of the DMLC, Parts I and II are attached to its report, the Committee however observes that the forms provided are blank. Recalling the fundamental importance of this documents for the implementation of the Convention, the Committee requests, once again, the Government to provide: (i) a copy of the DMLC, Part I, which has been issued by the competent authority in conformity with the Convention; and (ii) one or more examples of an approved DMLC, Part II, that has been drawn up by a shipowner to set out the measures adopted to ensure ongoing compliance with the national requirements and measures proposed to ensure that there is continuous improvement, as provided under Standard A5.1.3, paragraph 10(b), of the Convention.

Regulation 5.1.3 and Standard A5.1.3, paragraph 11. Flag State responsibilities. Declaration of Maritime Labour Compliance. Record of subsequent inspections. The Committee notes that, in response to its previous request on this issue, the Government refers to regulation 54(8)(c) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 which gives effect to Standard A5.1.3, paragraph 11 of the Convention. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 5.1.4 and Standard A5.1.4, paragraph 4. Flag State responsibilities. Inspection and enforcement. Intervals of inspection. The Committee notes that regulation 54(2)(a)(ii) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides that ships are subject to surveys within five years of the first issue of a Maritime Labour Certificate, and thereafter at intervals which must be no more than five years, a renewal survey by a certifying authority, as set out in MLC implementation Circular of DOS. The Committee further observes that regulation 54(2)(c) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides that a ship which does not fall within the category of ships required to carry a maritime labour certificate as well as a declaration of maritime labour compliance is subject to a survey by a certifying authority as set out by DOS, without however specifying the scope of inspection as well as whether this inspection takes place at intervals not exceeding three years. In light of the above, the Committee requests the Government to indicate how it ensures that such inspections are conducted at least every three years as required by Standard A5.1.4, paragraph 4 in respect of ships which are not required to carry a maritime labour certificate as well as a declaration of maritime labour compliance.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 3, 6, 11(a) and 17. Flag State responsibilities. Inspection and enforcement. Qualification, status and conditions of service of inspectors. The Committee previously requested the Government to indicate the specific provisions that give effect to the requirements ofStandard A5.1.4, paragraphs 3, 6, 11(a)and17 that inspectors shall have the status and independence necessary to enable them to carry out the verification of the application of the Convention. The Committee notes the Government’s indication that section 437 of the draft BMSA prescribes the conditions for appointing enforcement officers according to criteria of qualification and experience. The Committee expects that the draft legislation will be adoptedwithout further delay.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 5, 10 and 11(b). Flag State responsibilities. Inspection and enforcement. Confidentiality of sources of grievances or complaints. The Committee previously requested the Government to provide detailed information on how effect is given tothe requirements of Standard A5.1.4, paragraphs 5, 10 and 11(b). The Committee notes the Government’s indication that regulations 54(10), 55(4)(e), 55(5) and 55(7) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 give effect to these provisions of the Convention. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Inspection and enforcement. Reporting on inspections. Noting that section 70(3) of the Maritime Conventions Implementation Circular 2017 only partially implements the requirement of Standard A5.1.4, paragraph 12 for inspectors to submit a report to the competent authority, but also to submit a copy to the master of the ship and to post another on the ship’s notice board for the information of the seafarers, and upon request, to send a copy to their representatives, the Committee requested the Government to provide information regarding the measures taken to give effect to this provision of the Convention. The Committee notes the Government’s indication that regulation 54(8)(c)(2) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 gives effect to the requirement of Standard A5.1.4, paragraph 12. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 5.1.4 and Standard A5.1.4, paragraph 7. Flag State responsibilities. Inspection and enforcement. Powers of inspectors. The Committee previously requested the Government to provide detailed information on the applicable provisions allowing flag State inspectors to detain ships in the cases set forth by Standard A5.1.4, paragraph 7(c).The Committee notes that regulation 56 of the draft Merchant Shipping (MLC implementation) Regulation 2020 provides that the authorized surveyor may serve a detention notice requiring that the ship shall not proceed to sea where the conditions on board are clearly hazardous to the safety, health or security of seafarers or the non-conformity constitutes a serious or repeated breach of the requirements (inclusive of seafarers’ rights) of this Regulation or of the Convention. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. Noting that many of the requirements of Regulation 5.1.5 and the Code are not reflected in national legislation, the Committee requested the Government to take the necessary measures to ensure that, in its laws and regulations, appropriate on-board complaint procedures are in place to meet the requirements of Regulation 5.1.5 and the Code.The Committee notes the Government’s indication thatregulation 54(10) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 introduces detailed provisions which give effect to the various requirements of Regulation 5.1.5 and the Code. The Committee expects that the draft legislation will be adopted without further delay.

Regulation 5.1.6. Flag State responsibilities. Marine casualties. Noting that according to national legislation it is not always compulsory to hold an investigation into serious marine casualties leading to injury or loss of life, the Committee requested the Government to take the necessary measures to ensure that an official inquiry is held into any serious marine casualty leading to injury or loss of life.The Committee notes that the Government refers to sections 323 et seq. of the Merchant Shipping Act 2020 as implementing the requirement of Regulation 5.1.6 of the Convention. The Committee observes that section 323 which defines the circumstances under which a marine casualty is deemed to occur does not refer to injury. The Committee further notes that, under section 324(1) of the Merchant Shipping Act 2020, on receipt of information that a marine casualty has occurred, the Director General may appoint a committee of at least two qualified and independent persons to hold a preliminary safety investigation immediately after the incidence to inquire into the causes and reason for the occurrence and the persons so appointed shall have all the powers of an inspector under this Act. The Committee also observes that section 324(2) provides that notwithstanding sub-section (1), the Government may appoint any qualified person to hold a safety investigation respecting any shipping casualty. Section 325 provides the Government may direct an officer to make an application to a Marine Court for investigation into such casualty if there was a deliberate act or omission, with the intention to cause harm to the safety of a ship, an individual or the environment or the Government has a valid reason to believe that such investigation is necessary. While noting those provisions, the Committee however observes that in all cases the holding of an investigation is optional. It recalls that Regulation 5.1.6, paragraphs 1 and 2, provides that each Member shall hold an official inquiry into any serious marine casualty leading not only to loss of life but also to injury that involves a ship that flies its flag. The Committee requests the Government to indicate the measures taken to ensure full conformity with this requirement of the Convention.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee previously requested the Government to indicate how it ensures compliance with the requirements of Regulation 5.2.2and the Code, which require that seafarers on ships calling at the Member’s port who allege a breach of the requirements of the MLC, 2006 (including seafarers’ rights) have the right to report a complaint to the competent port authorities. The Committee notes the Government’s indication that regulation 54(10)(d) of the draft Bangladesh Merchant Shipping (MLC implementation) Regulation 2020 provides that a seafarer may lodge with the DOS or the Shipping Master or the Welfare Director a complaint alleging a breach of the requirements of the Maritime Labour Convention, and the receiver of the complaint must treat the source of any such complaint as confidential. The Committee expects that the draft legislation will be adopted without further delay.

[The Government is asked to reply in full to the present comments in 2025.]

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that Bangladesh has previously ratified two maritime labour Conventions, which have been denounced as a consequence of the entry into force of the MLC, 2006 for the country. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 entered into force for Bangladesh on 18 January 2017. It further notes that the Government’s report was received before the entry into force of the 2014 amendments. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Article I. General questions of application. Collective agreements. The Committee notes that the Government refers to two collective agreements, i.e. the collective agreement for the Bangladesh Seafarers Union and the collective agreement for the Bangladesh Merchant Marine Officers’ Association. The Committee requests the Government to specify whether those collective agreements are in force and to provide details on their scope of application.

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. Masters. The Committee notes that, according to section 2(45) of the Bangladesh Merchant Shipping Ordinance 1983 (hereinafter Merchant Shipping Ordinance), “seaman” means a person employed or engaged for service in any capacity on board any ship, but does not include a master, pilot or apprentice. The Committee notes that the Maritime Convention Implementation Circular, 2017, in its section 2(2) provides that any terms not defined in this Rule shall mean as defined in the Merchant Shipping Ordinance and/or the Conventions. The Committee recalls that, in accordance with Article II, paragraph 1(f), the term “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies. The Committee considers that, while pilots can be excluded from this definition, masters should be covered by the Convention. The Committee requests the Government to provide information on any measures adopted to amend the legislation in order to give full effect to this provision of the Convention.

Cadets. The Committee notes that section 2(45) of the Merchant Shipping Ordinance also excludes apprentices from the definition of “seafarer”. Recalling the definition of seafarers mentioned above, the Committee considers that obtaining on-board training for the purpose of becoming a seafarer by definition implies working on board and, as a result, no question of doubt can arise concerning the fact that cadets are to be regarded as seafarers for the purpose of the Convention. The Committee underlines that the protection afforded by the Convention is particularly important for the more vulnerable categories of persons, such as cadets. The Committee therefore requests the Government to adopt the necessary measures in order to ensure that cadets are regarded as seafarers and that they enjoy the protection provided for by the Convention. The Committee is certainly aware of the reported and anticipated shortage of qualified officers to effectively man and operate ships engaged in international trade and the difficulties encountered to ensure that cadets meet the minimum mandatory seagoing service which forms part of the requirements prescribed in the Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) for certification. In these circumstances, the Committee recalls that, as foreseen in Article VI, paragraph 3, of the Convention, governments, in consultation with social partners, could agree on substantial equivalent measures applicable to cadets where needed, in accordance with the Convention.

Article VI, paragraphs 3 and 4. Substantial equivalence. The Committee notes that section 10.2.2 of the OM Circular No. 01 on Bangladesh Requirements and interpretations on Maritime Conventions (hereinafter, Circular No. 01) provides that all applications for exemption, equivalence and dispensations from the requirements of the MLC, 2006, except those related to crew accommodation, are to be made to the Department of Shipping (DOS) by the shipowner, with relevant supporting information. The Committee draws the Government’s attention to the fact that the concept of substantial equivalence is not a matter for administrative discretion but has to be decided by a Member on a horizontal basis – i.e. not on an ad hoc basis – following the requirements of Article VI, paragraphs 3 and 4 of the Convention. In this regard, the Member must first make sure that it is not in a position to implement the rights and principles in the manner set out in Part A of the Code of the MLC, 2006. Ratifying Members, therefore, should assess their national provisions from the point of view of substantial equivalence, identifying the general object and purpose of the provision concerned (in accordance with Article VI, paragraph 4(a)) and determining whether or not the proposed national provision could, in good faith, be considered as giving effect to provisions of Part A of the Code as required by Article VI, paragraph 4(b). Any substantial equivalences that have been adopted must be stated in Part I of the Declaration of Maritime Labour Compliance (DMLC) that is to be carried on board ships that have been certified. The Committee requests the Government to indicate whether it has adopted any substantial equivalences under Article VI of the Convention.

Regulation 1.1 and the Code. Minimum age. The Committee notes that section 98 of the Merchant Shipping Ordinance provides that the minimum age to work on a ship is 15 years; it also provides for a number of possible exceptions to the above limit. The Committee, however, also notes the Government’s indication that the minimum age of seafarers being employed in any capacity on board Bangladesh-flagged ships will be increased to 18 years of age. While taking note of the Government’s plans, the Committee is bound to recall that Standard A1.1, paragraph 1, provides that the minimum age for employment, engagement or work on board a ship is 16 years and that no exceptions are permitted in this respect. It also recalls that night work of seafarers under 18 years shall be prohibited (Standard A1.1, paragraph 2), with some possible exceptions (Standard A1.1, paragraph 3) and that hazardous work is prohibited for seafarers under 18 years of age, with no exceptions. The types of hazardous work shall be determined by national laws or regulations or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to indicate the measures taken to ensure full compliance with Regulation 1.1. and Standard A1.1., including measures to ensure that no exceptions to the prohibition of hazardous work for young seafarers are allowed.

Regulation 1.2 and the Code. Medical certificate. The Committee notes that under section 110(1) of the Merchant Shipping Ordinance, “no person shall engage any Bangladeshi seaman at any port or place in Bangladesh, nor carry to sea any such seaman in any ship of two hundred tons gross and above from any such port or place unless the seaman is in possession of a certificate in the prescribed form issued by the prescribed medical authority to the effect that he is fit to be employed in the capacity in which he is to serve, or unless an endorsement to that effect appears in his Continuous Discharge Certificate”. Section 100 of the same Ordinance provides that “ … no young person shall be engaged or carried to sea to work in any capacity in any ship unless there has been delivered to the master a certificate granted by a prescribed medical authority that the young person is fit to be employed in that capacity”, but at the same time it provides for exceptions. The Committee further notes that rule 25(1) of the Bangladesh Merchant Shipping Officers and Ratings Training, Certification, Recruitment, Work Hours and Watchkeeping Rules, 2011 (hereinafter, Watchkeeping Rules, 2011), while giving effect to some of the requirements of Regulation 1.2, does not appear to apply to all seafarers covered by the Convention, e.g. do not apply to hotel and catering staff. The Committee recalls that: (a) legislation implementing Regulation 1.2 shall cover all seafarers working on board ships flying the Bangladeshi flag, regardless of their nationality and the place of engagement; (b) any possible exception for ships of less than 200 gross tonnage shall strictly follow the requirements of Article II, paragraph 6, i.e. it may only concern “certain details of the Code” (the provisions of the Regulations must still be applied) and a ship or particular categories of ships that do not voyage internationally, and be exercised by the competent authority in consultation with the shipowners’ and seafarers’ organizations concerned; (c) Regulation 1.2 does not provide for exceptions regarding medical certificates for young persons. The Committee requests the Government to indicate the measures taken or envisaged to ensure full conformity with Regulation 1.2 and Standard A1.2.

Regulation 1.4 and Standard A1.4, paragraphs 2 and 5. Recruitment and placement. System of protection. The Committee notes the Government’s indication that section 105 of the Merchant Shipping Ordinance and the Seaman Recruiting Agent Licence Rules, 2005 (which is only available in Bengali) regulate private seafarer recruitment and placement services in Bangladesh. It further notes that there are 62 approved seamen recruiting agents operating in Bangladesh. Considering the limited information provided by the Government on the application of the Regulation, the Committee requests the Government to reproduce the relevant parts of the Seaman Recruiting Agent Licence Rules, 2005, in English, as well as to provide detailed information on how the requirements of Standard A1.4, paragraph 5, are complied with (prohibition of blacklists, no fees or other charges on the seafarer, keeping registers, qualification of seafarers, protection of seafarers in foreign ports, managing complaints, establishing a compulsory insurance scheme to compensate seafarers).

Regulation 2.1 and the Code. Seafarers’ employment agreement. Scope of application. The Committee notes that a number of provisions of SEAs appear to only cover agreements stipulated in Bangladesh concerning Bangladeshi seamen. The Committee recalls that legislation implementing Standard A.2.1 shall cover all seafarers working on board ships flying the Bangladeshi flag, regardless of their nationality and the place of engagement. It requests the Government to indicate the measures taken or envisaged to ensure full conformity with Regulation 2.1 and Standard A2.1.

Regulation 2.1 and Standard A2.1, paragraphs 1(a) and (c). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. Signed original. The Committee notes that sections 112 et seq. of the Merchant Shipping Ordinance regulate seafarers’ employment agreements (SEAs). It observes that, in general, the SEAs shall be signed by the master and the seamen and, in some instances, also by the “owner or the owner’s agent” (section 113(1)(b)). The Committee recalls that under Standard A2.1, paragraph 1(a), of the Convention, each Member shall adopt laws or regulations requiring that all seafarers working on ships that fly its flag covered by the Convention have a SEA signed by both the seafarer and the shipowner, or a representative of the shipowner. The Committee requests the Government to indicate the relevant national provisions authorizing the master to act as a representative of the shipowner. It further requests the Government to specify how it is ensured that the shipowner and seafarer concerned have each a signed original of the SEA (Standard A2.1, paragraph 1(c)).

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. The Committee notes that section 115(1) of the Merchant Shipping Ordinance gives effect to the requirement of Standard A2.1, paragraph 1(b), with respect to “foreign-going ships”. The Committee recalls that such requirement applies to all ships covered by the Convention, including those navigating in territorial waters. It requests the Government to take the necessary measures to give full application to this provision of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 5. Seafarers’ employment agreement. Minimum notice period for termination. The Committee notes the Government’s indication that the minimum period of notice for termination of a SEA is 30 days, except for mutual agreement. Recalling that Standard A2.1, paragraph 5, requires the adoption of laws and regulations establishing the minimum notice periods for early termination of SEAs, the Committee requests the Government to specify the applicable legislative provisions.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee notes that section 117 of the Merchant Shipping Ordinance provides for the possibility with regard to “home trade ships or coasting ships” to terminate the SEA at shorter notice. It further notes that under section 27(3) of the Bangladesh Labour Act, where a worker intends to resign his service without any notice, he may do so by paying the employer an amount equal to the wages for the period of notice, in lieu of notice. The Committee recalls that, according to Standard A2.1, paragraph 6, in determining the circumstances in which a notice period shorter than the minimum may be given, each Member shall ensure that the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons is taken into account. The Committee requests the Government to indicate the measures taken to ensure that no penalty is imposed on seafarers who terminate the SEA on shorter notice or without notice for compassionate or other urgent reasons.

Regulation 2.1 and Standard A2.1, paragraph 3. Seafarers’ employment agreement. Record of employment. The Committee notes that section 132 of the Merchant Shipping Ordinance provides that, upon discharge of the seafarer, the master transmits to the shipping master, i.e. the official appointed by the Government to carry out various duties in ports’ shipping offices, a report stating the quality, conduct and fulfilment of obligations which could be endorsed on the continuous discharge certificate of the seafarer if he wishes so. It further notes that item 6 of the instruction to the master in the “Articles of agreement for Bangladeshi seafarer” also states that the master upon discharge, shall transmit a statement to the shipping master at the port of employment containing report as to quality, conduct, character of each individual seaman. The Committee recalls that Standard A2.1, paragraph 3, provides that the document to be given to seafarers, containing a record of their employment on board the ship, shall not contain any statement as to the quality of the seafarers’ work. The Committee requests the Government to take the necessary measures to ensure that the record of employment does not contain any statement as to the quality of the seafarer’s work, in conformity with Standard A2.1, paragraph 3.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes that the following particulars listed under Standard A2.1, paragraph 4, of the Convention are not included or are only partially included in the SEA’s requirements provided for under the Merchant Shipping Ordinance: (a) the seafarer’s full name, date of birth or age, and birthplace; (b) the shipowner’s address; (c) the place where the seafarer’s employment agreement is entered into; (f) the amount of paid annual leave; (g) the termination of agreement and the conditions thereof; (h) the health and social security protection benefits to be provided by the shipowner; and (i) the seafarer’s entitlement to repatriation. The Committee requests the Government to indicate the measures taken to ensure full compliance with Standard A2.1, paragraph 4, of the Convention and to provide a sample of a seafarer’s employment agreement.

Regulation 2.2 and Standard A2.2, paragraphs 1 and 2. Wages. Regular payment and monthly account. The Committee notes that the Merchant Shipping Ordinance does not provide that payments due to seafarers shall be made at no greater than monthly intervals and in accordance with any applicable collective agreement (Standard A2.2, paragraph 1), nor that seafarers shall be given a monthly account of the payments due and the amounts paid (Standard A2.2, paragraph 2). The Committee therefore requests the Government to indicate how effect is given to the requirements of the Convention provided by Standard A2.2, paragraphs 1 and 2.

Regulation 2.2 and the Code. Wages. Deductions. The Committee notes that under section 142(1) of the Merchant Shipping Ordinance, a deduction from the wages of a seaman shall not be allowed unless it is included in the account delivered in pursuance of the Ordinance, except in respect of a matter happening after the delivery. The Committee observes that under these provisions, it is not clear what may be deducted from seafarers’ wages. The Committee notes that Guideline B2.2.2, paragraph 4(h), provides that national laws and regulations adopted after consulting the relevant seafarers’ and shipowners’ organizations or, as appropriate, collective agreements, should take into account that deductions from remuneration should be permitted only if: (i) there is an express provision in national laws or regulations or in applicable collective agreements and the seafarer has been informed of the conditions for such deductions; and (ii) the deductions do not in total exceed the limit that may have been established by national laws or regulations or collective agreements or court decisions for making such deductions. The Committee requests the Government to indicate how it has given due consideration to Guideline B2.2.2, paragraph 4(h).

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. The Committee notes that Rule 28 of the Watchkeeping Rules, 2011, and the Circular dated 7 January 2012, providing guidance on the implementation of the Watchkeeping Rules to give full effect to the 2010 Manila Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) regulate minimum hours of rest for seafarers in conformity with Standard A2.3, paragraph 5(b), of the Convention. It notes, however, that Rule 28(5)(d) provides that working hours of master, chief engineer, chief mate and second engineer shall be fixed in such a way that safe operation of ship is not hampered. From the reading of this provision, it is not clear whether the minimum hours of rest also apply to these categories of seafarers, as required by the Convention. The Committee requests the Government to clarify this point. The Committee notes the Government’s indication that there are collective agreements which have been authorized or registered that permit exceptions to the established limits to working time. The Committee requests the Government to provide copies of these agreements.

Regulation 2.4 and the Code. Entitlement to leave. The Committee notes the Government’s information that every seafarer is entitled to at least 2.5 days of leave per month of employment, or pro rata if the seafarer is not employed for a full year, within each year of employment and that this is to be followed by each Bangladeshi shipowner, without indicating the relevant legislative provisions. It requests the Government to provide information on the laws and regulations determining the minimum standards for annual leave and the right of seafarers to shore leave (Regulation 2.4 and Standard A2.4, paragraph 1), as well as on any legislative provisions or collective agreements establishing the method of calculation of annual leave (Standard A2.4, paragraph 2). The Committee further requests the Government to specify whether any agreement to forgo the minimum annual leave is prohibited under legislation in force (Standard A2.4, paragraph 3).

Regulation 2.5 and Standard A2.5.1. Repatriation. Scope of application. The Committee notes that the provisions of the Merchant Shipping Ordinance which regulate repatriation appear to only apply to situations related to foreign-going ships or situations occurring “at a port or place outside Bangladesh”. The Committee recalls that the Convention applies to all seafarers working on board ships flying the flag of Bangladesh, regardless of their nationality. The Committee requests the Government to indicate the measures taken to ensure full conformity with Regulation 2.5.

Regulation 2.5, Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee notes that the Merchant Shipping Ordinance generically refers to repatriation of the seafarer to “a proper return port”. Under section 178, if any question arises as to what return port the seafarer shall be sent, the question should be decided by the Bangladesh Consular Officer supervising repatriation, having regard both to the convenience of the seamen and to the expense involved and also to the manning needs of any Bangladesh ship which is about to navigate to a proper return port. The Committee draws the Government’s attention to Guideline B2.5.1, paragraphs 6 and 7, according to which seafarers should have the right to choose from among the prescribed destinations the place to which they are repatriated. Such destinations, to be prescribed by member States, should include the countries with which seafarers may be deemed to have a substantial connection, including: (a) the place at which the seafarer agreed to enter into the engagement; (b) the place stipulated by collective agreement; (c) the seafarer’s country of residence; or (d) such other place as may be mutually agreed at the time of engagement. The Committee requests the Government to indicate how it has given due consideration to Guideline B2.5.1, paragraphs 6 and 7.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a) and (b). Repatriation. Circumstances. Maximum duration of service on board. The Committee notes that, under the provisions of the Merchant Shipping Ordinance regulating repatriation, it is not clear if seafarers have the right to repatriation in all the circumstances provided for by Standard A2.5.1, paragraph 1, of the Convention and what is the maximum period of service on board after which the seafarer is entitled to repatriation. The Committee requests the Government to provide detailed information on the legal provisions, or other measures, or the clauses in collective bargaining agreements which prescribe the circumstances for repatriation and the maximum period of service on board after which the seafarer is entitled to repatriation (Standard A2.5.1, paragraph 2(a) and (b)).

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that section 136(2) of the Merchant Shipping Ordinance provides for the possibility that, when the master or owner fails to pay the expenses related to repatriation without reasonable cause, the seafarer defrays such expenses and subsequently recovers them. The Committee recalls that, except as provided for in Standard A2.5.1, paragraph 3, the expenses of repatriation shall not be borne by the seafarer. Standard A2.5.1, paragraph 5, provides for the entities responsible to pay in case the shipowner fails to meet the cost of repatriation. The Committee requests the Government to indicate the measures taken or envisaged to bring its legislation into full conformity with these provisions of the Convention.

The Committee further notes that under section 175(3) and (4) of the Merchant Shipping Ordinance, the distressed seafarer is liable to pay the “excepted expenses”, which are defined under section 175(7) as the “expenses incurred in cases where the certificate of the proper authority obtained on leaving a seaman behind states, or the Government is otherwise satisfied, that the cause of the seaman being left behind is desertion, or disappearance, or imprisonment for misconduct, or discharge from the ship on the ground of misconduct, or otherwise due to the fault of the seamen”. The Committee recalls that while the shipowner may recover the cost of the repatriation, only under the limited circumstances provided for under Standard A2.5, paragraph 3 (that is, where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective agreements, to be in serious default of the seafarer’s employment obligations), this situation does not release the shipowner from the obligation to pay for the repatriation in the first instance. In light of the above, the Committee requests the Government to provide information on how it ensures that shipowners pay for the repatriation of seafarers in all cases where seafarers are entitled to this right. With regard to the possibility provided by the Convention to recover the cost of the repatriation from the seafarer, the Committee underlines that it is conditioned to a finding of serious default of the seafarer’s employment obligations, in accordance with national laws or regulations or other measures of applicable collective bargaining agreements. Noting section 175(7) of the Merchant Shipping Ordinance, the Committee requests the Government to provide details on the relevant legislation or applicable collective bargaining agreements determining the procedure to be followed and the standard of proof to be applied before a seafarer can be found to be in “serious default of the seafarers’ employment obligations”.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes the Government’s information that a certificate or other documentary evidence of financial security issued by a financial security provider shall be posted in a conspicuous place on board and easily available to the seafarers and shall be in English or accompanied by an English translation. The financial security to cover this repatriation cost is protected by the ship’s protection and indemnity insurance (P&I) club endorsement. The Committee requests the Government to indicate the legal provisions giving effect to the requirements of Standard A2.5.2 and regulating in particular: (i) the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment (Standard A2.5.2, paragraph 1); (ii) the coverage of the financial security system (Standard A2.5.2, paragraph 9); (iii) the period of notice to be given by the financial security provider to terminate financial security (Standard A2.5.2, paragraph 11); and (iv) the requirement that ships which need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider. The Committee notes that sections 174–180 of the Merchant Shipping Ordinance refer to return to a proper port of “distressed” seamen. Section 180 provides that “In any proceeding under this Chapter, a certificate of the Government or of such officer as the Government may specify in this behalf to the effect that the seaman named therein is distressed shall be conclusive evidence that such seaman is a distressed seaman within the meaning of this Ordinance”. Recalling that Standard A2.5.2, paragraph 2, enumerates in a mandatory way the circumstances in which a seafarer is considered abandoned, the Committee requests the Government to indicate how it gives effect to this provision of the Convention.

Regulation 2.7 and the Code. Manning levels. The Committee notes that section 82(6)–(7) of the Merchant Shipping Ordinance provides that the Government may exempt any ship or class of ships from any requirement of any Order of the Director-General of the Department of Shipping (DOS) on minimum safety manning. An exemption may be in respect of a particular period or of one or more voyages. Recalling that Standard A2.7 of the Convention does not contemplate exemptions, the Committee requests the Government to indicate the measures taken in order to ensure full conformity with this Standard.

Regulation 3.1 and Standard A3.1, paragraph 1. Accommodation and recreational facilities. Legislation. The Committee notes that, while section 188 of the Merchant Shipping Ordinance provides for the power to make rules with respect to crew accommodation, there is no specific legislation providing for the requirements of the Convention respecting accommodation and recreational facilities. The Committee also notes that under section 10.3.2 of Circular No. 1 accommodation on board Bangladesh-flagged ships with a keel laying date on or after 20 August 2013 shall be surveyed for compliance with the Merchant Shipping Ordinance using the standards set out in the MLC, 2006. While noting this provision, the Committee reminds the Government that Standard A3.1, paragraph 1, requires that each Member shall adopt laws and regulations requiring that ships that fly its flag meet minimum standards to ensure that any accommodation for seafarers is safe, decent and in accordance with the requirements of Standard A3.1. The requirements on accommodation are set out in paragraphs 6–17 of the same Standard. The Committee requests the Government to provide detailed information on the legislation adopted to give effect to the requirements of the Convention respecting accommodation and recreational facilities on board ships flying the Bangladesh flag.

Regulation 3.1 and Standard A3.1, paragraph 21. Accommodation and recreational facilities. Exemptions. The Committee notes that section 188(4) of the Merchant Shipping Ordinance provides that “the Government may exempt any ship or class of ships from the requirements of any rules made under this section either absolutely or subject to such conditions as it may consider fit”. The Committee recalls that Standard A3.1, paragraph 21, allows exemptions only where they are expressly permitted in the Standard and only for particular circumstances in which such exemptions can be clearly justified on strong grounds and subject to protecting the seafarers’ health and safety. The Committee invites the Government to indicate whether exemptions were adopted and whether the grounds invoked were in conformity with paragraph 21.

Regulation 4.1, paragraph 2, and Standard A4.1, paragraph 1(d). Medical care on board and ashore. Services provided free of charge. The Committee notes that under section 187(3) of the Merchant Shipping Ordinance, the expenses of medicines, surgical and medical advice, attendance and treatment, given to a master, seaman or apprentice while on board ship will be defrayed by the shipowner. However, section 187(5) provides for the recovery of medical expenses paid by seafarers. Recalling that the Convention provides that the protection of medical care on board ship and ashore shall, in principle, be provided at no cost for seafarers, the Committee requests the Government to provide details on the application of section 187(5) in practice.

Regulation 4.1 and Standard A4.1, paragraph 4(b). Medical care on board and ashore. Minimum requirements. Medical doctor on board. The Committee notes that section 185(1) of the Merchant Shipping Ordinance provides that “Every foreign-going ship carrying one hundred persons including the crew, or upwards shall have on board as part of her complement a Medical Officer possessing such qualifications as may be prescribed.” It also notes that the Information Bulletin No. 3 of 31 August 2015 on safe manning requirements establishes that ships shall carry a qualified medical doctor when there are 100 or more persons on board. The Committee recalls that Standard A4.1, paragraph 4(b), requires the adoption of national laws and regulations providing for the requirement of the qualified medical doctor on board for ships carrying 100 or more persons and ordinarily engaged in voyages of more than three days’ duration. It requests the Government to clarify whether a “medical officer” is a qualified doctor for the purpose of Standard A4.1, paragraph 4(b).

Regulation 4.1, paragraph 3 and Standard A4.1, paragraph 1(c). Medical care on board and ashore. Right to visit a doctor or dentist in ports of call. The Committee notes the Government’s indication that seafarers may visit a qualified medical doctor or a dentist without delay in ports of call in cases of acute pain and emergencies. In the absence of any reference to the relevant laws or regulations, the Committee requests the Government to provide information on the applicable national provisions implementing Regulation 4.1, paragraph 3, and Standard A4.1, paragraph 1(c).

Regulation 4.2 and the Code. Shipowners’ liability. The Committee notes that section 113(2)(h) of the Merchant Shipping Ordinance states that an agreement with the crew shall contain terms for payment of compensation in case of personal injury or death caused by accident arising out of or in the course of employment. The Committee requests the Government to indicate whether the payment of compensation is subject to an agreement between the shipowner and the seafarer. The Committee further notes that section 187(4) of the Merchant Shipping Ordinance contemplates cases (“in all other cases”) in which the reasonable expenses occurred by the shipowners in relation to the illness of seafarers may be deducted from their wages. The Committee requests the Government to provide clarifications on the cases in which deduction from seafarers’ wages in account of medical expenses is allowed.

Regulation 4.2 and Standard A4.2.1, paragraphs 2 and 4. Shipowners’ liability. Limits. The Committee recalls that Standard A4.2.1, paragraphs 2 and 4, allow national laws or regulations to limit the liability of the shipowner to pay wages in whole or in part in respect of a seafarer no longer on board under certain circumstances. It notes that the Government has not provided information on the national legislation that gives effect to these provisions of the Convention. The Committee requests the Government to provide information on the national provisions, if any, that give effect to Standard A4.2.1, paragraphs 2 and 4.

Regulation 4.2 and Standards A4.2.1, paragraphs 8 to 14, and A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee notes the Government’s reference to a certificate by a financial security provider and P&I insurance coverage. The Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay; (ii) no pressure to accept payment less than the contractual amount; (iii) interim payments (while situation is being assessed) to avoid undue hardship; (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident; and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary); (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease; (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated; and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that the Government provides limited information on the implementation of this Regulation. It recalls that under Regulation 4.3, paragraph 3, each Member shall adopt laws and regulations and other measures addressing the matters specified in the Code, taking into account relevant international instruments, and set standards for occupational safety and health protection and accident prevention on ships that fly its flag. The Committee requests the Government to provide detailed information on any national laws and regulations and other measures adopted and on their regular review in consultation with representatives of the shipowners’ and seafarers’ organizations, in accordance with Regulation 4.3, paragraph 3, and Standard A4.3, paragraphs 1–3.

Regulation 4.5 and the Code. Social security. The Committee notes that, upon ratification of the Convention, Bangladesh declared that the branches for which it provides protection in accordance with Standard A4.5, paragraphs 2 and 10, are medical care, sickness benefit and employment injury benefit. The Committee notes that the Government has not provided information on the benefits provided under the branches specified. It notes that section 163 of the Labour Act contains provisions on compensation for employment injury. The Committee requests the Government to indicate how it is ensured that all seafarers ordinarily resident in its territory and, to the extent provided by national legislation, their dependants, are entitled to benefits from social security protection in the three branches specified, no less favourable than those enjoyed by shoreworkers resident in its territory. In this regard, it requests the Government to provide details on the social security benefits enjoyed by seafarers and the applicable legal provisions. It also requests the Government to indicate if consideration has been given to ways to provide benefits to non-resident seafarers working on ships flying its flag who do not have adequate social security coverage (Standard A4.5, paragraphs 5 and 6). The Government is finally requested to provide information on any progress made to improve the benefits currently provided to seafarers or to extend social security protection for seafarers to branches not covered at present (Standard A4.5, paragraph 11).

Regulation 5.1.2 and Standard A5.1.2, paragraphs 1 and 2. Flag State responsibilities. Authorization of recognized organizations. Recognition. The Committee notes that section 18 of the Maritime Conventions Implementation Circular 2017 authorizes Authorized Recognized Organizations (RO) to act on behalf of the DOS who shall administer formal written agreement with the ROs and shall specify the scope of authorization granted to ROs. The current list of recognized organizations is provided on the website of the DOS. The Committee requests the Government to provide an example or examples of authorizations given to recognized organizations as required under Regulation 5.1.2, paragraph 2.

Regulation 5.1.3 and Standard A5.1.3, paragraph 1. Flag State responsibilities. Maritime labour certificate and Declaration of Maritime Labour Compliance. Scope of prior inspection. The Committee notes that section 49 of the Maritime Conventions Implementation Circular 2017 states that a maritime labour certificate is issued by the administration or authorized organization if it is satisfied after inspection of the ship that the ship is in compliance with these regulations. The Committee requests the Government to provide a copy of the DMLC, Part I, drawn up by the competent authority, as well as an example of a DMLC, Part II, drawn up by the shipowner indicating the areas listed under Appendix A5 I of the Convention are subject to inspection prior to certification and issue of the maritime labour certificate.

Regulation 5.1.3 and Standard A5.1.3, paragraph 7. Flag State responsibilities. Maritime labour certificate and Declaration of Maritime Labour Compliance. Interim maritime labour certificate. The Committee notes that, while section 51 of the Maritime Conventions Implementation Circular 2017 regulates the issuance of a maritime labour certificate on an interim basis in conformity with Standard A5.1.3, paragraphs 5 and 6, there appear to be no provisions with respect to the scope of the prior inspection required if interim certificates are issued. The Committee recalls that, in accordance with Standard A5.1.3, paragraph 7, an interim maritime labour certificate may only be issued following verification that: (a) the ship has been inspected, as far as reasonable and practicable, for the matters listed in Appendix A5-I, taking into account verification of items under subparagraphs (b), (c) and (d); (b) the shipowner has demonstrated to the competent authority or recognized organization that the ship has adequate procedures to comply with this Convention; (c) the master is familiar with the requirements of this Convention and the responsibilities for implementation; and (d) relevant information has been submitted to the competent authority or recognized organization to produce a declaration of maritime labour compliance. The Committee requests the Government to indicate how it ensures compliance with Standard A5.1.3, paragraph 7.

Regulation 5.1.3 and Standard A5.1.3, paragraph 11. Flag State responsibilities. Maritime labour certificate and Declaration of Maritime Labour Compliance. Record of all subsequent inspections or other verifications carried out, including any significant deficiencies. The Committee notes that the Government has not provided information on how it ensures that the results of all subsequent inspections carried out with respect to the ship concerned and any significant deficiencies found are recorded and appended to the DMLC or made available in some other way to seafarers, flag State inspectors, authorized officers in port States and shipowners’ and seafarers’ representatives as required under Standard A5.1.3, paragraph 11. The Committee therefore requests the Government to indicate how it ensures the implementation of this provision of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 3, 6, 11(a) and 17. Flag State responsibilities. Inspection and enforcement. Qualification, status and conditions of service of inspectors. The Committee notes that the Government does not specify the national provisions that set that the inspectors shall have the status and independence necessary to enable them to carry out the verification of the application of the Convention. The Committee therefore requests the Government to indicate the specific provisions that give effect to Standard A5.1.4, paragraphs 3, 6, 11(a) and 17.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 5, 10 and 11(b). Flag State responsibilities. Inspection and enforcement. Confidentiality of sources of grievances or complaints. The Committee notes that section 229 of the Merchant Shipping Ordinance cited by the Government, does not give effect to the detailed requirements of Standard A5.1.4, paragraphs 5, 10 and 11(b). The Committee recalls that these provisions set forth the procedures for receiving and investigating complaints and the standards of confidentiality for inspectors. The Committee requests the Government to provide detailed information on how effect is given to these provisions of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Inspection and enforcement. Reporting on inspections. The Committee notes that section 70(3) of the Maritime Conventions Implementation Circular 2017 requires that inspectors submit a report to the competent authority. However, there is no reference to the requirement to submit a copy to the master of the ship and to post another on the ship’s notice board for the information of the seafarers, and upon request, to send a copy to their representatives. The Committee requests the Government to provide information regarding the measures taken to give effect to the requirement of Standard A5.1.4, paragraph 12.

Regulation 5.1.4 and Standard A5.1.4, paragraph 7(c). Flag State responsibilities. Inspection and enforcement. Powers of inspectors. The Committee notes that section 353 of the Merchant Shipping Ordinance regulates the procedure for detention of unsafe ships flying the Bangladesh flag, which involves the intervention of different state authorities. The Committee recalls that Standard A5.1.4, paragraph 7(c), provides that inspectors, issued with clear guidelines on the tasks to be performed, shall be empowered to require that any deficiency is remedied and, where they have grounds to believe that deficiencies constitute a serious breach of the requirements of the Convention (including seafarers’ rights) or represent a significant danger to seafarers’ safety, health or security, to detain a ship until necessary actions are taken. The Committee requests the Government to provide detailed information on the applicable provisions allowing flag State inspectors to detain ships in the cases set forth by Standard A5.1.4, paragraph 7(c).

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. The Committee notes the Government’s reference to section 229 of the Merchant Shipping Ordinance containing provisions on complaints by seamen and apprentices. It notes that many of the requirements of Regulation 5.1.5 and the Code are not reflected in national legislation, such as the scope of the complaints (Regulation 5.1.5, paragraph 1), the right of the seafarer to be accompanied or represented during the complaint procedure as the prohibition and penalization of any kind of victimization (Regulation 5.1.5, paragraph 2, and Standard A5.1.5, paragraph 3) and the elements to be contained in the copy of the on-board complaint procedures to be provided to the seafarer (Standard A5.1.5, paragraph 4). The Committee therefore requests the Government to take the necessary measures to ensure that, in its laws and regulations, appropriate on-board complaint procedures are in place to meet the requirements of Regulation 5.1.5 and the Code.

Regulation 5.1.6. Flag State responsibilities. Marine casualties. The Committee notes that the Merchant Shipping Ordinance and the Maritime Conventions Implementation Circular 2017 contain extensive provisions on marine casualties. It notes, however, that according to these provisions it is not always compulsory to hold an investigation into serious marine casualties leading to injury or loss of life. The Committee recalls that Regulation 5.1.6, paragraphs 1 and 2, provides that each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life that involves a ship that flies its flag. The Committee requests the Government to take the necessary measures to ensure that an official inquiry is held into any serious marine casualty leading to injury or loss of life.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes the Government’s reference to section 229 of the Merchant Shipping Ordinance containing provisions on complaints by seamen and apprentices. It notes, however, that such section does not give effect to the detailed requirements of Regulation 5.2.2 and the Code, which require that seafarers on ships calling at the Member’s port who allege a breach of the requirements of the MLC, 2006 (including seafarers’ rights) have the right to report a complaint to the competent port authorities. The Committee requests the Government to indicate how it ensures compliance with the requirements of Regulation 5.2.2.

[The Government is asked to reply in full to the present comments in 2021.]