Maritime Labour Convention, 2006 (MLC, 2006) - United Kingdom of Great Britain and Northern Ireland (Ratification: 2013)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006), and the observations of Nautilus International communicated with the Government’s report. The Committee also notes that the amendments to the Code of the MLC, 2006, approved by the International Labour Conference in 2018 entered into force for the United Kingdom on 26 December 2020.

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 the United Kingdom 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 III of the Convention. Fundamental rights and principles. The Committee notes the observations made by Nautilus International, alleging that UK equality laws do not apply to those in the process of being recruited as a seafarer. According to the case referenced by such organisation, the Equality Act (Work on Ships and Hovercraft) Regulations 2011 permits an offshore employment service provider to discriminate on United Kingdom soil on the ground of any of the protected characteristics in the Equality Act 2010 when recruiting, in that country, personnel to serve on its clients’ foreign flagged ships sailing outside United Kingdom waters. The Committee requests the Government to provide its comments in this regard.

Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. The Committee notes that Marine Guidance Note (hereafter “MGN”) 471 (M), as amended in June 2022, indicates that the UK interpretation of ships navigating beyond inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply, includes “ships operating from a UK port on domestic voyages no more than 60 miles from a safe haven in the UK”. The Committee also notes the indication in MGN 471 (M) that, since many earlier regulations on seafarer living and working conditions applied to all sea-going ships, the UK is not disapplying most of the MLC, 2006, standards to ships operating in “waters within, or closely adjacent to, sheltered waters or areas where port regulations apply”; however certain provisions of the Convention, where inappropriate, are not applied. While noting this information, the Committee requests the Government to provide information on: (i) the criteria that it has used to define waters “closely adjacent to sheltered waters”; and (ii) the number of ships excluded from the application of the Convention as a result of this definition.

Regulation 2.1 and Standard A2.1, paragraph 1(a). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. The Committee notes that Regulation 9 of the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014 provides that if the seafarer is an employee but is not an employee of the shipowner, the employer of the seafarer must be a party to the seafarer employment agreement and the seafarer employment agreement must include provision under which the shipowner guarantees to the seafarer the performance of the employer’s obligations under the agreement insofar as they relate to the matters specified in paragraphs 5 to 11 of Part 1 of Schedule 1 and in Part 2 of Schedule 1. The Committee also notes that “employer” means a person by whom the seafarer is employed under a contract of employment. The Committee recalls the importance of the basic legal relationship that the Convention establishes between the seafarer and the person defined as “shipowner” under Article II of the Convention and the fact that under Standard A2.1, paragraph 1(a), every seafarer must have an original agreement that is signed by the seafarer and the shipowner or a representative of the latter (whether or not the shipowner is considered to be the employer of the seafarer). The Committee therefore requests the Government to amend its legislation to ensure that, in all cases, the shipowner is a party and signs the seafarers’ employment agreement, independently of who is considered “employer” from the perspective of employment law.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. The Committee notes that the Government has adopted a system of minimum hours of rest. The Committee requests the Government to indicate how it ensures that the normal working hours for seafarers are based not only on an eight-hour day but also on one day of rest per week and rest on public holidays, as provided for under Standard A2.3, paragraph 3, giving due consideration to Guideline B2.3.1.

Regulation 2.3 and Standard A2.3, paragraph 13. Exceptions to the limits on hours of work and hours of rest. The Committee notes that Regulation 7 of the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 allows exemptions to the limits of hours of work and hours of rest agreed through collective agreement or workforce agreements. It also notes the Government’s indication that the Maritime Coastguard Authority authorised agreements for 8 hours on/8 hours off working pattern and agreements to provide daily rest to be taken in three periods, one of which must be at least six hours, and that these agreements were made on a case-by-case basis in consultation with the UK’s social partners. The Committee further notes that the Government has not provided a reply to the observations made by Nautilus International alleging that the workforce agreements mentioned by the Government were concluded to circumvent consultations with unions and are inconsistent with the cornerstone of the MLC, 2006, which should be consultation with the social partners/collective agreements. The Committee requests the Government to provide its comments in this regard.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee notes the absence of reply to its previous comment on this issue. The Committee also notes that the Government does not indicate the procedure which would be used to determine whether the seafarer’s conduct was reasonable or not pursuant to Regulation 21(b) of the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014 as amended. The Committee once againrequests 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.

Regulation 4.2 and Standard A4.2.1, paragraph 4. Shipowners’ liability. Wages of an injured or sick seafarer no longer on board. Limits. The Committee notes that Regulation 50 of the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014 as amended, does not fully comply with Standard A4.2.1, paragraph 4 as it does not guarantee, in all cases, that the shipowner is liable to pay wages in whole or in part in respect of a seafarer no longer on board for a minimum period of not less than 16 weeks from the day of the injury or the commencement of the sickness. The Committee requests the Government to indicate the measures taken to fully implement this provision of the Convention.

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. Noting the absence of reply to its previous comment in this regard, the Committee once again requests the Government to provide detailed information on the relevant legal provisions concerning social security protection granted to seafarers ordinarily resident in the United Kingdom regarding: medical care; sickness benefit; unemployment benefit; old-age benefit; employment injury benefit; family benefit; invalidity benefit and survivors’ benefit.

The Committee also notes that, in reply to its previous comment, the Government indicates that UK resident seafarers are not exempted from National Insurance contributions rules, irrespective of where the vessel they are working on is flagged, unless an international Social Security Agreement determines that they are not subject to UK social security legislation. Resident seafarers have to meet the same entitlement and qualifying conditions for access to benefits as any other UK resident. The Committee takes note of this information.

Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. The Government indicates, in its reply to the Committee’s previous comment, that a non-resident seafarer who is employed on a vessel flying the UK flag will only be required to pay UK National Insurance contributions where their employer is based in the UK. Where a non-resident seafarer has paid UK National Insurance contributions, they may become entitled to a UK State Pension when they reach the UK state pension age and if they have paid sufficient UK national insurance contributions. Unless a social security agreement provides otherwise, other benefits are usually only accessible to those who are residing in the UK. The Committee recalls that, although the primary obligation regarding social security rests with the Member in which the seafarer is ordinarily resident, Members also have an obligation to give consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to non-resident seafarers in the absence of adequate coverage in the applicable branches of social security (Standard A4.5, paragraph 6). Noting that there are 35,430 seafarers onboard UK flagged vessels, the Committee requests the Government to provide information on any future developments in this regard.

Regulation 5.1.6. Marine casualties. Referring to its previous comment, the Committee notes that Regulation 7 of the Merchant Shipping (Accident Reporting and Investigation) Regulations 2012 provides that, in case of a serious marine casualty, the Chief Inspector must carry out a preliminary assessment in order to decide whether or not to undertake a safety investigation and that, where the Chief Inspector does not undertake a safety investigation, the reasons for that decision must be recorded. The Committee also notes that the final reports for such preliminary assessments are published on the Marine Accident Investigation Branch website. The Committee takes note of this information, which addresses its previous request.

Isle of Man

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2018 entered into force for the Isle of Man on 26 December 2020.

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 the Isle of Man 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.

In this regard, the Committee notes that according to Technical Advisory Notice 002-20 (Rev.8) on COVID-19 advice to ship operators, issued on 31 March 2023, when travel restrictions related to COVID-19 disrupt scheduled crew changes it is still possible, although as a last resort and upon contact with the Ship Registry, to extend a seafarer’s employment agreement beyond the maximum service period. The Committee recalls that in its 2020 general observation it considered that the extreme fatigue of seafarers who have been on board beyond the default 11 months maximum period of service on board not only constitutes a situation clearly hazardous for the safety and health of the seafarers concerned, but also profoundly endangers the safety of navigation in general. Noting thatmore than 3 years have passed since the beginning of the pandemic, the Committee urges the Government to adopt without delay the necessary measures to bring all relevant legislation into full compliance with the Convention and to ensure that in practice seafarers on board Isle of Man-flagged ships are not requested to continue working beyond the default 11 months maximum period of service on board and are not denied the protection derived from the provisions of the Convention.

Article I of the Convention. General questions on application. Implementing measures. In reply to the Committee’s previous comment on the alternative methods of compliance that have been considered and granted by the competent authority, the Government indicates as an example that, although Maritime Labour Notice (MLN) 2.1 provides shipowners with an Annex containing a model seafarer’s employment agreement (SEA), this does not preclude a shipowner from using their own SEA on an Isle of Man ship, provided that it meets the requirements of MLC, 2006, and the Isle of Man Regulations. The Committee takes note of this information.

Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. In reply to the Committee’s previous request on the application of the requirements of the Convention to pleasure ships that are ordinarily engaged in commercial activities, the Government indicates that the Isle of Man does not permit pleasure vessels to engage in commercial activity; a “pleasure ship that ordinarily engages in commercial activity” (such as a commercial yacht) is not a pleasure vessel for the purposes of the Merchant Shipping (Maritime Labour Convention) Regulations 2013, and is treated as a commercial vessel to which MLC, 2006, is applied. The Committee takes note of this information, which addresses its previous request.

Regarding the application of the Convention to ships navigating beyond inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply, the Government indicates that there is no “domestic” trade on the island, except for fishing vessels and a small number of vessels that operate short sightseeing tours/fishing trips for tourists around the coast of the Island. While noting this information, the Committee notes the Government’s statement that the interpretation of the Isle of Man is that the Convention does not apply to ships that navigate exclusively within 60 nautical miles of its coast. The Committee recalls that ships excluded from the scope of application with respect of the navigational area are defined under Article II, paragraph 1(i). It also recalls that, as the MLC, 2006, does not explicitly define the terms “closely adjacent to” or “sheltered waters” used in Article II, paragraph 1(i), it is for the competent authority of the Member to determine, in good faith and on a tripartite basis, taking into account the objectives of the Convention and the physical features of the country, which areas could be considered as “sheltered waters” and what distance away from those waters could be considered as “closely adjacent to sheltered waters”. The Committee therefore requests the Government to provide information on: (i) how it has taken into account the above-mentioned criteria when defining waters “closely adjacent to sheltered waters”; and (ii) the number of ships excluded from the application of the Convention as a result of this definition.

Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee notes that, according to regulation 11 of the Merchant Shipping (Maritime Labour Convention) Regulations 2013, private seafarer recruitment and placement services operating on the Island, whose primary purpose is the recruitment and placement of seafarers or that recruit and place a significant number of seafarers, must establish a system of protection, by way of insurance or an equivalent appropriate measure, to compensate seafarers for monetary loss that may be incurred as a result of the failure of such service or the relevant shipowner under the seafarer’s employment agreement to meet its obligations to the seafarer. The Committee requests the Government to provide information on how the system of protection operates in practice.

Regulation 1.4 and Standard A1.4, paragraph 7. Recruitment and placement. Investigation of complaints. The Committee notes the Government’s reply indicating the detailed procedure to be followed upon receipt of an MLC, 2006, complaint relating to a recruitment and placement company. The Committee takes note of this information.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. The Government indicates that it is in the process of updating national regulations in relation to the 2018 amendments to the Code of the Convention. The Committee draws the Government’s attention to the following questions included in the 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, and to provide a copy of all relevant new legislation or other regulatory instruments implementing the 2018 amendments.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. The Committee notes the Government´s reply and that MLN 2.3 has been revised on 23 June 2022 to only allow exceptions to the minimum hours of rest that have been produced as part of a collective agreement. The Committee takes note of this information, which addresses its previous request.

Regulation 2.5 and Standard A2.5.1, paragraphs 1–3. Repatriation. Circumstances. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that, in reply to its previous comments, the Government indicates that it reviews all collective bargaining agreements and expects that the specific circumstances and standard of proof required to find a seafarer in serious default of their employment obligations are detailed within. Should a seafarer consider that the definitions of serious default measures specified have not been applied correctly, they may launch a complaint procedure, following which the authority would contact the shipowner and request evidence detailing the circumstances that caused the seafarer to be in “serious default of their employment obligations”. The Committee takes note of this information.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes Technical Advisory Note 011-16 of 15 December 2016, as well as the Government´s reply that the documentation accepted as evidence of financial security to be provided by shipowners would typically be a Certificate of Financial Security issued by a Protection & Indemnity Club (P&I) insurance company or club including the information contained in Appendix A2-I of the Convention. The Committee takes note of this information.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning levels. Food and catering. While noting that Regulation 83(1) of the Merchant Shipping (MS) Regulations 2013 provides that a ship operating with a prescribed manning of 6 or more seafarers, and which is engaged in voyages of more than 3 days, or more than 36 hours from a safe port, must carry a fully qualified cook, the Committee notes that the example of a minimum safe manning document issued under the requirements of the Large Yacht Code (LY2) that was provided by the Government with its second report does not mention the requirement of a ship’s cook, even though a minimum crew of 7 is required. The Committee also notes that Manx Shipping Notice (MSN) 054, of September 2022, which advises on the Red Ensign Group Yacht Code and includes the National Annex for yachts constructed to LY1, LY2 or LY3, does not implement the requirements of Regulation 3.2 and Standard A3.2 concerning food and catering. The Committee recalls that the requirements for safe manning, as set out under Standard A2.7, apply to all ships under the Convention. The Committee accordingly requests the Government to indicate the measures taken to ensure that, when determining manning levels, account is taken of all the requirements of Regulation 3.2 and Standard A3.2 regarding food and catering for all ships that fly its flag, including commercial yachts. The Committee also requests the Government to indicate how it has taken due account of the provisions of Guideline B2.7 (dispute settlement).

Regulation 3.1, paragraph 2. Accommodation and recreational facilities. Scope of application. The Government indicates in its reply to the Committee’s previous comment that the Red Ensign Group Yacht Code - Part A, specifically chapters 21A and 21B, implements substantially equivalent arrangements to the seafarer accommodation requirements of the MLC, 2006, for large commercial yachts, although there are no yachts currently registered in the Isle of Man that make use of such an arrangement. The Committee notes that the Code has been developed jointly by the United Kingdom, its relevant overseas territories and crown dependencies, and international industry representatives, and that it is intended to cater exclusively to the yachting sector. The Government also indicates that previous versions of the Red Ensign Group Yacht Code, namely the Code of Practice for the Safety of Large Commercial Sailing or Motor Vessels (LY1) and the Large Commercial Yacht Code (LY2) apply to large commercial yachts constructed before 20 August 2013, whereas the Large Commercial Yacht Code (LY3) applies to yachts constructed on or after 20 August 2013 up to and including 31 December 2018. A yacht complying with the crew accommodation requirements of LY1 or LY2 must also comply with regulation 75 (recreational facilities) and regulation 76 (open deck spaces) of the MS Regulations 2013, as LY1 and LY2 do not make substantially equivalent provisions in these two areas. The Committee takes note of this information.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee notes that, in reply to its previous comment, the Government indicates that telemedical advice is provided free of charge to all ships who require it and refers to Marine Guidance Notice 623 (M+F) issued by the UK Maritime and Coastguard Agency. The Committee takes note of this information, which addresses its previous request.

Regulation 4.2, Standard A4.2.1, paragraphs 8–14, and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee takes note of the Government´s reply to its previous request that the documentation that would be accepted with respect to financial security that must be provided by shipowners would typically be a certificate of financial security issued by a P&I insurance company or club. The Committee also notes the Government´s indication that other documentation may be accepted on a case-by-case basis, as long as it includes the information in Appendix A4-I of the Convention, for instance documentation showing evidence of financial security by way of a social security scheme or national fund. The Committee takes note of this information.

Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. In reply to the Committee‘s previous request concerning the ways in which comparable benefits are provided to non-resident seafarers working on board Isle of Man vessels in the absence of adequate coverage in the applicable branches of social security, the Government indicates that, while it has not taken measures in this regard, it will keep the matter under consideration. The Committee accordingly requests the Government to provide information on any developments regarding the implementation of Standard A4.5, paragraph 6.

Regulation 5.1.6, paragraph 1. Flag State responsibilities. Marine casualties. Official inquiry. In reply to the Committee’s previous comment, the Government indicates that detailed information about investigations into marine casualties is available on the Isle of Man Ship Registry website. While noting this information, the Committee observes that, as indicated in the Annual Summary of Casualties, Accidents and Incidents on Isle of Man Registered Vessels 2021, all reports received that are “Very Serious Marine Casualties” as defined by the IMO Casualty Investigation Code are investigated and have a report published. The Committee accordingly requests the Government to provide detailed information on how it ensures compliance with Regulation 5.1.6, paragraph 1, regarding any serious marine casualty leading to injury or loss of life that involves a ship that flies its flag.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for the United Kingdom on 18 January 2017 and 8 January 2019, respectively. Following a second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Regulation 1.4 and the Code. Recruitment and placement. The Committee requested the Government to explain how it ensures that its legislative provisions prohibiting the use of means, mechanisms or lists intended to prevent or deter seafarers from gaining employment extend beyond trade union purposes. The Committee notes the Government’s indication that pursuant to the Data Protection Act 1998, the data controller must specify the purpose for which personal data is held and any data processing must be carried out in accordance with those specified purposes. Therefore, any information a shipowner or recruitment and placement service holds on individual seafarers for the purposes of employing, recruiting or placing seafarers in employment may not be used to create lists of “blacklisted” seafarers without breaching the provisions of the Act. The Government also indicates that compliance with the Act is enforced by the Information Commissioner who can serve information notices, levy fines, etc.. Failure to comply with an information notice is a criminal offence. The Committee takes notes of this information, which addresses its previous request.

Regulation 2.3 and Standard A2.3, paragraph 4. Hours of work and hours of rest. Danger of fatigue. The Committee requested the Government to provide information on how it ensures that its two-watch system does not pose a danger of fatigue on seafarers, as well as to transmit copies of any relevant studies or empirical findings on this matter. The Committee notes the Government’s information that the relevant regulations enforce the international standards for hours of rest in both the MLC, 2006 and Regulation VIII/1 of the International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers 1978, as amended (STCW). It further indicates that the Merchant Shipping Notice 1868(M) sets out the requirements for safe manning of ships, including requiring shipowners to demonstrate to the satisfaction of the Maritime Coastguard Authority (MCA) that any proposed manning level is sufficient for the normal operations of the ship and any foreseeable additional demands due to circumstances. The Committee further notes the Government’s information on two studies conducted recently, which analysed the effects of watchkeeping patterns on the fatigue of seafarers. The Committee takes note of this information, which addresses its previous request.

Regulation 2.3 and Standard A2.3, paragraphs 8 and 9. Hours of work and hours of rest. On-call work. The Committee notes the Government’s information in reply to its previous comments, that Regulation 5(3) of the Merchant Shipping (Hours of Work) Regulations 2002 provides that firefighting and lifeboat drills prescribed by the Merchant Shipping (Musters, Training and Decision Support Systems) Regulations 1999(1) shall be conducted in a manner which minimizes the disturbance of rest periods and does not induce fatigue. Regulation 5(4) provides that a seafarer who is on call on board ship shall have an adequate compensatory rest period if his normal period of rest is disturbed by call outs to work. The Committee takes note of this information, which addresses its previous request.

Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Possible exceptions to the prohibition to forgo paid annual leave. The Committee noted the Government’s indication that, following tripartite consultations, there was an agreement that a seafarer should not be forced to return on leave to a home country if he or she does not wish to do so for some specific reasons such as fearing for their personal safety or no longer having family in that location. The Committee noted, in this connection, the Government’s indication that, under this agreement, seafarers may be permitted to change their repatriation destination or to extend their time on board. The Committee requested the Government to provide information on the safeguards put in place, if any, to limit the seafarers’ extended time on board. The Committee notes the Government’s information that within the MLC Tripartite Working Group (TWG) it was agreed to establish the above-mentioned exceptions to the entitlement of repatriation in particular circumstances, such as those of seafarers who would need to return to a war zone to enjoy annual leave. While recognizing the importance of annual leave, it was agreed that in such circumstances the well being of the seafarers concerned would not be well-served by requiring them to return to a war zone. The MLC TWG also agreed that such cases should be considered on a case-by-case basis, as they should only be justified in such rare and exceptional circumstances. The Committee takes note of this information, which addresses its previous request.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. With regard to the exception to the shipowner’s duty to provide repatriation when the seafarer confirms in writing that repatriation is not required (section 21(6) of the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers, etc.) Regulations 2014 – SI 2014/1613), the Committee requested the Government to identify any protections in place to ensure that this provision does not enable the waiver of the right to repatriation by seafarers wishing to gain or retain employment. The Committee notes the Government’s indication that no specific protections have been put in place. This provision has been in the United Kingdom legislation since 1979 as one of the conditions in which the shipowner’s duty to repatriate ends. The Government further indicates that few cases have come to the MCA’s attention with respect to such exception. It considers that since repatriation is an entitlement for seafarers, seafarers should have the right to waive their right if they consider that to be in their best interests (for example, to extend their term at sea by one or two months in order to complete a period of sea service). In this regard, the Government indicates that MCA surveyors are alert to the risk of seafarers being put under pressure to waive their rights and would investigate if there were any sign of a pattern of such behaviour on a particular ship or in a particular company. While noting this information, 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 only case in which this right may lapse in conformity with the Convention is contemplated under Guideline B2.5.1, paragraph 8, in the case in which the seafarers concerned do not claim that right within a reasonable period of time to be defined by national laws or regulations or collective agreements. The Committee requests the Government 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. In this regard, it requests the Government to bring its legislation into conformity with the Convention.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. In this regard, the Committee takes note with interest of the adoption of the Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations, 2018, which give effect to Standard A2.5.2. The Committee requests the Government to provide an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners.

Regulation 4.2 and Standard A4.2.1, paragraph 5. Shipowners’ liability. Possible exclusion. The Committee notes that in reply to its previous comments, the Government clarifies that in relation to the exception to shipowners’ liability for wages following sickness or injury sustained by a seafarer where the injury occurred while the seafarer “was not at work” (section 50(11)(b) of SI 2014/1613), the term “not at work” was preferred to “in the service of the ship”, but it does not change the scope of the duty. Thus, a seafarer who is carrying out any part of her/his duties either on the ship or ashore would be covered by the national regulations. According to the Government, no other circumstances may be identified, which would be covered by the term “in the service of the ship”. Neither term would cover a seafarer undertaking recreational activities ashore or on the ship. The Committee takes note of this information, which addresses its previous request.

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. In this regard, the Committee takes note with interest of the adoption of the Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations, 2018, which give effect to Standard A4.5.1, paragraphs 8 to 14 and to Standard A4.2.2. The Committee requests the Government to provide an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners.

Regulation 4.5 and Standard A4.5, paragraphs 3 and 6. Social security. Protection for seafarers ordinarily resident in its territory. Comparable benefits to non-resident seafarers. In its previous comments, the Committee requested the Government to provide information on the measures adopted to give effect to a number of requirements of the Convention related to social security. The Committee notes that the Government reiterates the information previously provided on the European social security coordinating Regulations. The Committee requests the Government to provide detailed information on the relevant provisions regulating social security protection for seafarers ordinarily resident in the United Kingdom in the branches specified. It further requests the Government to specify whether: (i) social security coverage for the above-mentioned benefits extends to seafarers who reside in the United Kingdom and work on board ships flying the flag of non-EU countries and countries other than those with which reciprocal social security agreements were stipulated; and (ii) consideration has been given to providing comparable benefits to non-resident seafarers working on ships that fly its flag (Standard A4.5, paragraph 6).

Regulation 5.1.6. Marine casualties. The Committee notes that, under Regulation 8 of the Merchant Shipping (Accident Reporting and Investigation) Regulations 2012, the chief inspector must ensure a safety investigation is carried out in relation to any accident that is a “very serious marine casualty”, which are defined as those involving the total loss of the ship or loss of life, or severe pollution. In the case of “serious casualties”, the chief inspector shall carry out a preliminary assessment in order to decide whether to undertake a safety investigation. In the case of a “marine casualty”, the chief inspector may carry out a safety investigation. The Committee notes that in the latter 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.

Regulations 5.2.1 and 5.2.2. Inspections in port. Onshore seafarer complaint-handling procedures. The Committee requested the Government to provide its comments in reply to the observations of Nautilus International expressing concern with respect to the current shortage of MCA marine surveyors, as well as to provide information on the implementation of Regulation 5.2.2. The Committee notes the Government’s information that the MCA carried out two recruitment campaigns of marine surveyors in 2016 and 2018, respectively. The Committee further notes that Regulation 18 of the Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013 provides that non-UK ships shall comply, inter alia, with the requirements of Regulation 5.2.2 and Standard A5.2.2 (onshore seafarer complaint-handling procedures). Maritime Guidance Note (MGN) 487(M) regulates in detail onshore complaint procedures. The Committee finally notes the Government’s indication that the MCA reports regularly to the TWG on (anonymized) complaints received and the outcomes. The Committee takes note of this information, which addresses its previous request.

[The Government is asked to reply in full to the present comments in 2022.]

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

The Committee notes the Government’s first report. It further notes the observations made by Nautilus International and enclosed in the observations made by the Trades Union Congress (TUC), received on 6 September 2015. It also notes that the Government has previously ratified 15 maritime labour Conventions, which have been denounced as a consequence of the entry into force of the Maritime Labour Convention, 2006 (MLC, 2006). The Committee notes the efforts undertaken by the Government and the social partners to implement the Convention. 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.

Regulation 1.4 and Standard A1.4. Recruitment and placement. The Committee recalls that, under Standard A1.4, paragraph 5(a) of the Convention, Members that have private recruitment and placement service operating in their territories must, in their laws and regulations or other measures, prohibit 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. The Committee notes the Government’s information, in this respect, that this provision is implemented by the Employment Relations Act 1999 (Blacklists) Regulations 2010 and the Employment Relations (Northern Ireland) Order 1999 (Blacklists) Regulations (Northern Ireland) 2014 (SI 2014/88). It notes that, under section 3(2) of both Regulations, no person shall compile, use, sell or supply a prohibited list, which is defined as a list which: (a) contains details of persons who are or have been members of trade unions or persons who are taking part or have taken part in the activities of trade unions; and (b) is compiled with a view to being used by employers or employment agencies for the purposes of discrimination in relation to recruitment or in relation to the treatment of workers. Noting that the protection under Standard A1.4, paragraph 5(a), of the Convention is not limited to anti-union discrimination, the Committee requests the Government to explain how it ensures that its legislative provisions prohibiting the use of means, mechanisms or lists intended to prevent or deter seafarers from gaining employment extend beyond trade union purposes.

Regulation 2.3 and Standard A2.3. Hours of work and hours of rest. In its previous comments under the Seafarers’ Hours of Work and the Manning of Ships Convention, 1996 (No. 180), Articles 4 and 5 – which have been incorporated into the MLC, 2006 – the Committee observed that a two watch system (six hours on, six hours off) represents a higher risk of fatigue than the three-watch system and that this factor should be taken into account when determining, approving or revising manning levels. It recalls, in this respect, that paragraph 4 of Standard A2.3 of the MLC, 2006, requires the competent authority to take account of the danger posed by the fatigue of seafarers, especially those whose duties involve navigational safety and the safe and secure operation of the ship. The Committee requests the Government to provide information on how it ensures that its two-watch system does not pose a danger of fatigue on seafarers. In addition, it encourages the Government to consider measures which would allow the watchkeeping system of a ship to be fully taken into account when supervising compliance with applicable hours-of-rest standards and to transmit copies of any studies or empirical findings bearing on this matter.

In its previous comments under Article 5(3)–(5) of Convention No. 180 – which is incorporated in the MLC, 2006 – the Committee recalled that, in principle, the question of granting compensatory rest in case of call-outs to work or minimizing disturbance of rest periods during drills is left to be regulated through collective agreements. It notes that, under Standard A2.3, paragraphs 7–9, of the MLC, 2006, it is only in the absence of such agreements, or if the competent authority determines that any collectively agreed provisions are inadequate, that the Government is expected to regulate these matters. The Committee requests the Government to clarify whether there are any collective agreements containing provisions on the matters dealt with in Standard A2.3, paragraphs 7–9 and if not, to take the necessary measures to regulate those matters.

Regulation 2.4 and the Code. Entitlement to leave. The Committee notes the Government’s indication that, following tripartite consultations, there was an agreement that a seafarer should not be forced to return on leave to a home country if he or she does not wish to do so for the following reasons: (i) it was a war zone; (ii) they feared for their personal safety; (iii) their homes had been destroyed; (iv) they no longer had family in that location; or (v) they feared that if they returned to their home country they may not be permitted to exit again to return to duty on the ship. The Committee notes, in this connection, the Government’s indication that, under this agreement, seafarers may be permitted to change their repatriation destination or to extend their time on board. Concerning the latter possibility, and recalling the importance of paid annual leave to protect the health and well-being of seafarers and to prevent fatigue, the Committee requests the Government to provide information on the safeguards it has put in place, if any, to limit the seafarers’ extended time on board in the circumstances described above.

Regulation 2.5 and the Code. Repatriation. The Committee notes that sections 19–26 of the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers, etc.) Regulations 2014 (SI 2014/1613) regulate seafarers’ repatriation. It notes the exception to the shipowner’s duty to provide repatriation, set out under section 21(6) of the Regulations, when the seafarer confirms in writing that repatriation is not required. The Committee requests the Government to identify any protections in place to ensure that this provision does not enable the waiver of the right to repatriation by seafarers wishing to gain or retain employment.

Regulation 4.2 and Standard A4.2. Shipowners’ liability. The Committee notes that sections 48–53 of the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers, etc.) Regulations 2014 regulate shipowners’ liability. It notes the exception to shipowners’ liability for wages following sickness or injury sustained by a seafarer, set out under section 50(11)(b) of the Regulations, where the injury was sustained while the seafarer “was not at work”. The Committee recalls that, under Standard A4.2, paragraph 5(a), national laws or regulations may exclude the shipowner from liability in respect of an injury incurred other than in the service of the ship. It notes that the exception in the Regulations “was not at work” appears to be narrower than “in service of the ship”, such as during the offloading of equipment. The Committee requests the Government to explain how it ensures that this exception is limited to circumstances in which seafarers were not in the service of the ship.

Regulation 4.5 and Standard A4.5. Social security. The Committee notes that, upon ratification of the Convention, the United Kingdom declared that the branches for which it provides protection in accordance with paragraphs 2 and 10 of Standard A4.5 are: medical care; sickness benefit; unemployment benefit; old-age benefit; employment injury benefit; family benefit; invalidity benefit and survivors’ benefit. The Committee notes the Government’s indication that the United Kingdom has reciprocal social security agreements, which include provisions on seafarers, with certain countries outside of the European Union and the European Economic Area. The Committee notes, however, that the Government’s information does not appear to address social security protection for seafarers ordinarily resident in the United Kingdom who may be working on ships flying the flag of another country that is not a member of those agreements. It recalls that, although the primary obligation rests with the Member in which the seafarer is ordinarily resident, under paragraph 6 of Standard A4.5, Members also have an obligation to give consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to seafarers in the absence of adequate social security coverage. The Committee requests the Government to provide information on: (i) the social security protections provided to seafarers ordinarily resident in the United Kingdom that are not covered by its reciprocal social security agreements; (ii) whether consideration has been given to providing comparable benefits to non-resident seafarers working on ships that fly its flag; and (iii) how it ensures, to the extent consistent with national law and practice, the maintenance of social security rights, provided through contributory or non-contributory schemes, which has been acquired, or are in the course of acquisition, by all seafarers regardless of residence, as set out under Standard A4.5, paragraph 8.

Regulation 5.2.1 and the Code. Inspections in port. The Committee notes the statistical information contained in the Government’s report, according to which, during the reporting period, 1,152 foreign ships were inspected in port, 598 more detailed inspections were carried out, and 205 cases of significant deficiencies were detected. The Committee also notes that, in its observations, Nautilus International expresses concern with respect to the current shortage of Maritime and Coastguard Agency (MCA) Marine Surveyors. Nautilus International indicates that, presently, there are approximately 30 posts which remain vacant, and that the MCA is under increasing pressure to meet its statutory responsibilities. The Committee requests the Government to provide any comments it may wish to make in this respect.

Regulation 5.2.2 and the Code. Onshore seafarer complaint-handling procedures. The Committee notes the Government’s reference to Marine Guidance Note MGN 487(M) of July 2013, entitled Maritime Labour Convention, 2006 – On-Shore Complaints, which essentially replicates the language of Regulation 5.2.2 and the Code. The Committee notes, however, that by its terms, MGN 487(M) “provides guidance to owners, operators and seafarers” and, consequently, does not appear to be mandatory. The Committee further notes that this language differs from the Government’s legislation concerning its on-board complaints procedure, which is contained in the Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013 (SI 2013/1785) and is mandatory. The Committee recalls, in this respect, that the requirements under Regulation 5.2.2 concerning the shore complaints procedure, like the requirements concerning the on-board complaints procedure, must be mandatory. The Committee requests the Government to explain how it implements this provision of the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the Government’s first report. It further notes the observations made by Nautilus International and enclosed in the observations made by the Trades Union Congress (TUC), received on 6 September 2015. It also notes that the Government has previously ratified 15 maritime labour Conventions, which have been denounced as a consequence of the entry into force of the Maritime Labour Convention, 2006 (MLC, 2006). The Committee notes the efforts undertaken by the Government and the social partners to implement the Convention. 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.

Regulation 1.4 and Standard A1.4. Recruitment and placement. The Committee recalls that, under Standard A1.4, paragraph 5(a) of the Convention, Members that have private recruitment and placement service operating in their territories must, in their laws and regulations or other measures, prohibit 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. The Committee notes the Government’s information, in this respect, that this provision is implemented by the Employment Relations Act 1999 (Blacklists) Regulations 2010 and the Employment Relations (Northern Ireland) Order 1999 (Blacklists) Regulations (Northern Ireland) 2014 (SI 2014/88). It notes that, under section 3(2) of both Regulations, no person shall compile, use, sell or supply a prohibited list, which is defined as a list which: (a) contains details of persons who are or have been members of trade unions or persons who are taking part or have taken part in the activities of trade unions; and (b) is compiled with a view to being used by employers or employment agencies for the purposes of discrimination in relation to recruitment or in relation to the treatment of workers. Noting that the protection under Standard A1.4, paragraph 5(a), of the Convention is not limited to anti-union discrimination, the Committee requests the Government to explain how it ensures that its legislative provisions prohibiting the use of means, mechanisms or lists intended to prevent or deter seafarers from gaining employment extend beyond trade union purposes.

Regulation 2.3 and Standard A2.3. Hours of work and hours of rest. In its previous comments under the Seafarers’ Hours of Work and the Manning of Ships Convention, 1996 (No. 180), Articles 4 and 5 – which have been incorporated into the MLC, 2006 – the Committee observed that a two watch system (six hours on, six hours off) represents a higher risk of fatigue than the three-watch system and that this factor should be taken into account when determining, approving or revising manning levels. It recalls, in this respect, that paragraph 4 of Standard A2.3 of the MLC, 2006, requires the competent authority to take account of the danger posed by the fatigue of seafarers, especially those whose duties involve navigational safety and the safe and secure operation of the ship. The Committee requests the Government to provide information on how it ensures that its two-watch system does not pose a danger of fatigue on seafarers. In addition, it encourages the Government to consider measures which would allow the watchkeeping system of a ship to be fully taken into account when supervising compliance with applicable hours-of-rest standards and to transmit copies of any studies or empirical findings bearing on this matter.

In its previous comments under Article 5(3)–(5) of Convention No. 180 – which is incorporated in the MLC, 2006 – the Committee recalled that, in principle, the question of granting compensatory rest in case of call-outs to work or minimizing disturbance of rest periods during drills is left to be regulated through collective agreements. It notes that, under Standard A2.3, paragraphs 7–9, of the MLC, 2006, it is only in the absence of such agreements, or if the competent authority determines that any collectively agreed provisions are inadequate, that the Government is expected to regulate these matters. The Committee requests the Government to clarify whether there are any collective agreements containing provisions on the matters dealt with in Standard A2.3, paragraphs 7–9 and if not, to take the necessary measures to regulate those matters.

Regulation 2.4 and the Code. Entitlement to leave. The Committee notes the Government’s indication that, following tripartite consultations, there was an agreement that a seafarer should not be forced to return on leave to a home country if he or she does not wish to do so for the following reasons: (i) it was a war zone; (ii) they feared for their personal safety; (iii) their homes had been destroyed; (iv) they no longer had family in that location; or (v) they feared that if they returned to their home country they may not be permitted to exit again to return to duty on the ship. The Committee notes, in this connection, the Government’s indication that, under this agreement, seafarers may be permitted to change their repatriation destination or to extend their time on board. Concerning the latter possibility, and recalling the importance of paid annual leave to protect the health and well-being of seafarers and to prevent fatigue, the Committee requests the Government to provide information on the safeguards it has put in place, if any, to limit the seafarers’ extended time on board in the circumstances described above.

Regulation 2.5 and the Code. Repatriation. The Committee notes that sections 19–26 of the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers, etc.) Regulations 2014 (SI 2014/1613) regulate seafarers’ repatriation. It notes the exception to the shipowner’s duty to provide repatriation, set out under section 21(6) of the Regulations, when the seafarer confirms in writing that repatriation is not required. The Committee requests the Government to identify any protections in place to ensure that this provision does not enable the waiver of the right to repatriation by seafarers wishing to gain or retain employment.

Regulation 4.2 and Standard A4.2. Shipowners’ liability. The Committee notes that sections 48–53 of the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers, etc.) Regulations 2014 regulate shipowners’ liability. It notes the exception to shipowners’ liability for wages following sickness or injury sustained by a seafarer, set out under section 50(11)(b) of the Regulations, where the injury was sustained while the seafarer “was not at work”. The Committee recalls that, under Standard A4.2, paragraph 5(a), national laws or regulations may exclude the shipowner from liability in respect of an injury incurred other than in the service of the ship. It notes that the exception in the Regulations “was not at work” appears to be narrower than “in service of the ship”, such as during the offloading of equipment. The Committee requests the Government to explain how it ensures that this exception is limited to circumstances in which seafarers were not in the service of the ship.

Regulation 4.5 and Standard A4.5. Social security. The Committee notes that, upon ratification of the Convention, the United Kingdom declared that the branches for which it provides protection in accordance with paragraphs 2 and 10 of Standard A4.5 are: medical care; sickness benefit; unemployment benefit; old-age benefit; employment injury benefit; family benefit; invalidity benefit and survivors’ benefit. The Committee notes the Government’s indication that the United Kingdom has reciprocal social security agreements, which include provisions on seafarers, with certain countries outside of the European Union and the European Economic Area. The Committee notes, however, that the Government’s information does not appear to address social security protection for seafarers ordinarily resident in the United Kingdom who may be working on ships flying the flag of another country that is not a member of those agreements. It recalls that, although the primary obligation rests with the Member in which the seafarer is ordinarily resident, under paragraph 6 of Standard A4.5, Members also have an obligation to give consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to seafarers in the absence of adequate social security coverage. The Committee requests the Government to provide information on: (i) the social security protections provided to seafarers ordinarily resident in the United Kingdom that are not covered by its reciprocal social security agreements; (ii) whether consideration has been given to providing comparable benefits to non-resident seafarers working on ships that fly its flag; and (iii) how it ensures, to the extent consistent with national law and practice, the maintenance of social security rights, provided through contributory or non-contributory schemes, which has been acquired, or are in the course of acquisition, by all seafarers regardless of residence, as set out under Standard A4.5, paragraph 8.

Regulation 5.2.1 and the Code. Inspections in port. The Committee notes the statistical information contained in the Government’s report, according to which, during the reporting period, 1,152 foreign ships were inspected in port, 598 more detailed inspections were carried out, and 205 cases of significant deficiencies were detected. The Committee also notes that, in its observations, Nautilus International expresses concern with respect to the current shortage of Maritime and Coastguard Agency (MCA) Marine Surveyors. Nautilus International indicates that, presently, there are approximately 30 posts which remain vacant, and that the MCA is under increasing pressure to meet its statutory responsibilities. The Committee requests the Government to provide any comments it may wish to make in this respect.

Regulation 5.2.2 and the Code. Onshore seafarer complaint-handling procedures. The Committee notes the Government’s reference to Marine Guidance Note MGN 487(M) of July 2013, entitled Maritime Labour Convention, 2006 – On-Shore Complaints, which essentially replicates the language of Regulation 5.2.2 and the Code. The Committee notes, however, that by its terms, MGN 487(M) “provides guidance to owners, operators and seafarers” and, consequently, does not appear to be mandatory. The Committee further notes that this language differs from the Government’s legislation concerning its on-board complaints procedure, which is contained in the Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013 (SI 2013/1785) and is mandatory. The Committee recalls, in this respect, that the requirements under Regulation 5.2.2 concerning the shore complaints procedure, like the requirements concerning the on-board complaints procedure, must be mandatory. The Committee requests the Government to explain how it implements this provision of the Convention.

[The Government is asked to reply in detail to the present comments in 2017.]