Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that the Maldives 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 also notes that the amendments to the Code approved by the International Labour Conference in 2022 will enter into force for the Maldives on 23 December 2024.

Article I of the Convention. General questions on application. Implementing measures. The Committee previously noted that, while Marine Circular Number INT-2013/003 dated 20 August 2013 (hereinafter, Marine Circular INT-2013/003) covers some of the matters enshrined in the MLC, 2006, it had been adopted before the ratification of the Convention for the purpose of the voluntary inspection and certification of the Maldivian-flagged ships for compliance with the MLC, 2006. The Committee requested the Government to clarify the legal value of Marine Circular INT-2013/003 and to revise its text in view of the ratification and entry into force of the MLC, 2006 for the Maldives.

The Committee notes that, except for a few elements, the Government provides no new information in reply to its comments. It notes the Government’s indication that a draft Regulation on the Safety, Health, and Welfare of Crew Members Working on Cargo Ships (hereafter, draft Regulation on cargo ships) is currently being prepared to implement the Convention and is under legal review by the Attorney General’s Office. The Government highlights that this draft Regulation encompasses provisions on various key aspects, including minimum age, medical requirements, training, recruitment, employment agreements, wages, working time, annual leave, complaint procedures, certificate issuance, and fines. The Committee further notes the Government’s information that: (i) the Regulation on recruiting seamen remains applicable but requires updates to fully implement the provisions of the Convention; and (ii) Circular INT-2013/003 remains in effect, as does Circular INT-2022/001 of 11 January 2022, which designates seafarers as key workers.

Finally, the Committee takes note of the Government’s request technical assistance for the effective implementation of the Convention.

The Committee requests the Government to take the necessary measures to harmonize its legislation to give full effect to the provisions of the Convention, taking into account the points raised below. It also requests the Government, once again, to clarify the legal value and the scope of Marine Circular INT-2013/003, and to provide a copy of the Regulation on the Safety, Health, and Welfare of Crew Members Working on Cargo Ships, and of any other text implementing the Convention, as soon as they are adopted.

Article II, paragraph 1(f) and 2. Definitions and scope of application. Seafarers. The Committee noted that the definition of seafarer in Annex 1 to Marine Circular INT-2013/003 includes, in line with the Convention, any person who is employed or engaged or works in any capacity on board a ship to which the MLC, 2006 applies. The Committee refers to its comments under Article I on the legal value of Marine Circular INT-2013/003. It requests the Government to confirm if cadets and apprentices are considered seafarers for the purpose of the Convention, and to indicate the applicable provisions.

Article V. Implementation and enforcement. The Committee requests again the Government to indicate the provisions which prohibit the violation of the requirements of the Convention and establish sanctions or require the adoption of corrective measures to discourage such violations (Article V, paragraph 6).

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. While noting the Government’s indication that the Maldivian Constitution and the Employment Act prohibit the employment of any person under 18 years, the Committee noted that under section 11(a) of Chapter 3 of the Employment Act, in accordance with section 6, a minor (i.e. a person under 18 years) shall only be employed on a vessel upon submission of a medical certificate of fitness for such employment which is issued by a medical practitioner licensed by the Government. The Committee notes the Government’s information that section 10(a)(9) of Regulation No. R70/2020 on Child Rights Protection, adopted under the Child Rights Protection Act (Act No. 19/2019), stipulates that no minor shall be employed in transportation services. The Government indicates that this prohibition can be interpreted as including work on ships operating both within Maldivian waters and on the high seas. It further states that section 4(b) of the draft Regulation on cargo ships specifies that employing individuals under the age of 16 on ships is strictly prohibited. Referring to its comments under Article I, the Committee requests again the Government to harmonize its legislation to ensure that no person under 16 years may be employed or engaged or work on a ship.

Regulation 1.1 and Standard A1.1, paragraph 2. Minimum age. Night work. The Committee noted the Government’s information that there is no national provision implementing Standard A1.1, paragraph 2. The Committee requests again the Government to take the necessary measures to ensure conformity with Standard A1.1, paragraph 2.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee noted that sections 6 and 7(a) of the Employment Act allow minors to work from the age of 16 and prohibit their employment in hazardous work, and that specific types of hazardous work have not been identified. Referring also to its comments under the Minimum Age Convention, 1973 (No. 138) and the Worst Forms of Child Labour Convention, 1999 (No. 182),the Committee requests the Government to take the necessary measures to determine the types of hazardous work for seafarers under 18 years of age in conformity with Standard A1.1, paragraph 4, after consultation with the shipowners’ and seafarers’ organizations concerned.

Regulation 1.2 and the Code. Medical Certificate. The Committee noted that under section 27 of the Regulation on recruiting seamen, when registering an employment contract of a seamen at the Ministry of Transport, the employer shall submit a medical certificate indicating that the employee is medically fit to be a seaman. It also noted that sections 11(a) and (b) of the Employment Act provide that a minor shall only be employed on a vessel upon submission of a medical certificate of fitness, which is issued by a medical practitioner licensed by the Government and shall be renewed at least on an annual basis at the employer’s expense. Noting that the Regulation on recruiting seamen is not available at the Office and referring to its comments under Article I, the Committee requests again the Government to indicate the measures which implement the detailed requirements of Standard A1.2, reproducing the relevant provisions (or a summary thereof) in English.

Regulation 1.3. Training and qualifications. The Committee noted the Government’s information that all Maldivian seafarers are trained and certified under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW). The Committee requests again the Government to reproduce the relevant national provisions giving effect to Regulation A1.3 in English or to provide a summary thereof. It also requests the Government to indicate how it is ensured that seafarers who are not covered by the STCW (e.g. hotel and catering staff) are qualified to carry out their duties on board.

Regulation 1.4 and Standard A1.4. Recruitment and placement. The Committee noted the Government’s reference to the Regulation on recruiting seamen, according to which in order to register as a recruitment agency it is necessary to obtain a permit from the relevant authority or ministry. Noting that the Regulation on recruiting seamen is not available at the Office and referring to its comments under Article I, the Committee requests again the Government to indicate the provisions that give effect to the detailed requirements of Standard A1.4, reproducing the relevant texts or a summary thereof in English.

Regulation 2.1 and Standard A2.1, paragraphs 1(a) and (c). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. The Committee noted the Government’s indication that Marine Circular INT-2013/003 and the Regulation on recruiting seamen stipulate that an employment contract shall be in place between the employer (recruiting agency/shipowner) and the employee. It also noted that Annex 1 to Marine Circular INT-2013/003 provides that shipowners shall ensure that the crew agreement prescribed by the Transport Authority for Maldivian-flagged vessels is signed by both the seafarer and the shipowner or his representative prior to commencing work on board ship. The Committee recalls that Standard A2.1(1)(c) additionally requires that the shipowner and seafarer concerned shall each have a signed original of the SEA. Noting that the Regulation on recruiting seamen is not available at the Office and referring to its comments under Article 1, the Committee requests again the Government to indicate the provisions that give effect to Standard A2.1(1)(a), reproducing the relevant texts in English or a summary thereof. It also requests again the Government to indicate the legislation implementing Standard A2.1(1)(c).

Standard A2.1, paragraph 1(b), (d), (e) and paragraphs 2–4. Seafarers’ employment agreement. Examination and advice before signing. Record of employment. Content. The Committee noted the Government’s reference to Marine Circular INT-2013/003 in relation to these provisions. Referring to its comments under Article I, the Committeerequests again the Government toindicate the measures taken to give full effect to Standard A2.1, paragraph 1(b), (d), (e) and paragraphs 2-4.

Regulation 2.1 and Standard A2.1, paragraph 5. Seafarers’ employment agreement. Minimum notice period for termination. The Committee noted the Government’s reference to Marine Circular INT-2013/003 according to which the minimum notice period to be given for early termination of the seafarers’ employment agreement (SEA) is a minimum of seven days. The Committee refers to its comments under Article I and requests again the Government to indicate the measures taken to give fully effect to Standard A2.1, paragraphs 5.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Shorter notice period for urgent reasons. Noting the Government’s reference to section 23 of the Employment Act, the Committee reiterated its comment that such section only provides for termination without notice in case of dismissal by the employer for reasonable grounds. The Committee requests again the Government to ensure that in determining the circumstances justifying the termination of employment at shorter notice or without notice, the need of the seafarer to terminate employment without penalty for compassionate or other urgent reasons is taken into account, as provided by Standard A2.1, paragraph 6.

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 of the Convention, the Committee recalls that a seafarers’ employment agreement must continue to have effect and wages and other entitlements must continue to be paid during the entire period of captivity of a seafarer as a result of acts of piracy or armed robbery against ships. In this regard, the Committee brings 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 once again the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions.

Regulation 2.2 and Standard A2.2, paragraphs 3-5. Wages. Allotments. The Committee noted the Government’s information that section 48(h) of Regulation on recruiting seamen stipulates that agencies shall maintain records of seafarers’ requests for wages to be transmitted to their families, dependents or legal beneficiaries and maintain documentation on the successful transmission. The Committee requests again the Government to provide information on the measures taken to give full effect to the requirements of Standard A2.2, paragraphs 3-5 of the Convention.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee noted the Government’s reference to Marine Circular INT-2013/003 in relation to this provision. Referring to its comments under Article I, the Committee requests again the Government to indicate the measures taken to give full effect to Regulation 2.3 and Standard A2.3.

Regulation 2.4 and Standard A2.4, paragraph 2. Entitlement to leave. Minimum paid annual leave. Method of calculation. The Committee noted that section 39 of the Employment Act provides for thirty days of paid annual leave, without specifying the method of calculation of paid annual leave for periods shorter than one year, as well as the Government’s reference to Marine Circular INT-2013/003. Referring to its comments under Article I, the Committeerequests again the Government to indicate the measures taken to give full effect to Standard A2.4, paragraph 2.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee noted the Government’s reference to Marine Circular INT-2013/003. Referring to its comments under Article I, the Committee requests again the Government to indicate the measures taken to give full effect to Regulation 2.4(2).

Regulation 2.5 and the Code. Repatriation. The Committee noted the Government’s reference to Marine Circular INT-2013/003. Referring to its comments under Article I, the Committee requests again the Government to indicate the measures taken to give full effect to Regulation 2.5 and Standard A2.5.1.

Regulation 2.7 and the Code. Manning Levels. The Committee requests again the Government to provide information on the measures taken to give full effect to Regulation 2.7 and Standard A2.7.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. The Committee requests again the Government to provide information on the implementation of Regulation 2.8 and Standard A2.8.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee noted the Government’s reference to Annex 3 of Marine Circular INT-2013/003, which deals with only part of the requirements of Standard A3.1. Recalling that Standard A3.1 requires the adoption of laws and regulations providing for minimum standards on accommodation and recreational facilities, the Committee refers to its comments under Article I and requests again the Government to indicate the measures taken to give full effect to Regulation 3.1 and Standard A3.1.

Regulation 3.2 and the Code. Food and Catering. The Committee previously noted that, while Annex 4 of Marine Circular INT-2013/003 referred to by the Government deals with the matters provided by Standard A3.2, the Circular does not provide for the requirement that food shall be of appropriate quality, nutritional value, quantity and variety and free of charge for seafarers, and that drinking of water shall be suitable in respect of quantity (Regulation 3.2(1 and 2) and Standard A3.2(2)(a)). Recalling that Standard A3.2 calls for the adoption of laws, regulations or other measures to provide minimum standards for the quantity and quality of food and drinking water and for the catering standards applied to meals,the Committee refers to its comments under Article I and requests again the Government to indicate the measures taken to give full effect to Regulation 3.2 and Standard A3.2.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee noted the Government’s reference to Marine Circular INT-2013/003, which covers the matters enshrined in Regulation 4.1 and Standard A4.1 partly in Annex 5 and partly in Annex 7a. The Committee refers to its comments under Article I andrequests the Government to indicate the measures taken to give full effect to Regulation 4.1 and Standard A4.1.

Regulation 4.2 and Standard A4.2.1. Shipowners’ Liability. The Committee noted the Government’s reference to Marine Circular INT-2013/003, which covers the matters provided for by Standard A4.2.1(1)-(7). It also noted that the Circular contains no provisions giving effect to Standard A4.2.1(1)(b) (system of financial security to ensure compensation in the event of death or long-term disability). The Committee refers to its comments under Article I and requests again the Government to indicate the measures taken to give full effect to Regulation 4.2 and Standard A4.2.1(1)-(7).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee requests again the Government to indicate the measures taken to give effect to Regulation 4.3 and Standard A4.3.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee noted the Government’s information that currently, there are no shore-based welfare facilities in the Maldives. The Committee requests again the Government to provide information on the development of welfare facilities in accordance with Regulation 4.4 and Standard A4.4.

Regulations 5.1.1, 5.1.2, 5.1.3, 5.1.4 and the Code. Flag State responsibilities. The Committee noted the Government’s reference to Annex 7 of the Marine Circular 2013/003 stating that ships may apply for voluntary inspections and issuance of statements of compliance. The Government further indicated that under Law No. 3/2016 (Transport Authority Act), the Transport Authority of the Maldives is legally authorized and mandated to issue certifications and conduct the relevant investigations. The Committee further noted that the sample of DMLC, part I, annexed to Marine Circular INT 2013/003 is for voluntary certification and does not refer to the national requirements and the relevant legal provisions embodying the relevant provisions of the Convention, as required under Standard A5.1.3, paragraph 10(a). The Committee finally noted that the Government provided scarce information on the implementation of Regulation 5.1.4 and Standard A5.1.4, indicating that no legislation has been adopted on a number of issues, e.g. Regulation 5.1.4(1) and Standard A5.14(4), 7(c), (12) and (16). Referring to its comments under Article I, the Committee recalls again that, further to the entry into force of the MLC, 2006 for the Maldives, the Member is bound to effectively exercise its control over ships that fly its flag by establishing a system to ensure compliance with the requirements of the Convention, as well as to ensure that Maldivian-flagged ships carry on board a maritime labour certificate and a declaration of maritime labour compliance in conformity with Standard A5.1.3 (Article V). The Committee requests once again the Government to take the necessary measures to implement Regulations 5.1.1, 5.1.2, 5.1.3, 5.1.4 and the respective provisions of the Code.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaints procedures. The Committee noted that Annex 6 of Marine Circular INT 2013/003 provides for on-board complaint procedures and includes a model of the procedures. Recalling that Regulation 5.1.5 and Standard A5.1.5 call for the adoption of laws or regulations regulating on-board complaint procedures, the Committee refers to its comments under Article I and requests again the Government to indicate the measures taken to give full effect to Regulation 5.1.5 and Standard A5.1.5.

Regulation 5.1.6. Flag State responsibilities. Marine casualties. The Committee noted the Government’s information that as per Law No. 3/2016, the Transport Authority is legally mandated to investigate marine accidents and take any necessary measures. The Committee requests the Government, once again, to clarify how Law No. 3/2016 gives effect to the provisions of Regulation 5.1.6, reproducing the relevant texts or a summary thereof in English.

Regulation 5.2 and the Code. Port State responsibilities. The Committee noted the Government’s indication that it is part of the Indian Ocean Memorandum of Understanding (IOMOU) on Port State Control, as well as the information on the Port state control officers appointed. It also noted the Government’s information that there are no legislation or procedures in place implementing Regulation 5.2.2 and the Code. The Committee requests again the Government to take the necessary measures to give effect to Regulation 5.2.2 and Standard A5.2.2.