Article II(3)
In the event of doubt as to whether any categories of persons are to be
regarded as seafarers for the purpose of this Convention, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned with this question.
According to Section 2.3.2 of Maritime Circular No: MC/51/13 (Revision 2) persons whose work is not part of the routine business of the ship and whose principal place of business is ashore are not considered as seafarers for the application of the MLC, 2006. The following categories of persons – which is not an exhaustive list - are therefore not considered as seafarers:
a) scientists, researchers, divers, specialist off-shore technicians, etc. whose work is not part of the routine operation of the ship;
b) although trained and qualified in maritime skills and perform key specialist functions, the work of harbour pilots, inspectors, surveyors, auditors, superintendents is not part of the routine operation of the ship;
c) guest entertainers, repair technicians, cargo superintendents and port workers whose work is occasional and short term with their principal place of employment being ashore; and d) non-marine personnel, employed under outsourced service agreements, the terms of which determine the conditions under which the service provider will supply the necessary personnel.
Article II(5)
In the event of doubt as to whether this Convention applies to a ship or particular category of ships, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned.
None
Article II(6)
Where the competent authority determines that it would not be reasonable or practicable at the present time to apply certain details of the Code referred to in Article VI, paragraph 1, to a ship or particular categories of ships flying the flag of the Member, the relevant provisions of the Code shall not apply to the extent that the subject matter is dealt with differently by national laws or regulations or collective bargaining agreements or other measures. Such a determination may only be made in consultation with the shipowners’ and seafarers’ organizations concerned and may only be made with respect to ships of less than 200 gross tonnage not engaged in international voyages.
None
