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

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

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.