Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Maritime Labour Convention, 2006 (MLC, 2006) - India (Ratification: 2015)

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006) as well as the observations of the International Transport Workers’ Federation’s (ITF) received on 1 September 2025. Noting that the amendments to the Code of the Convention approved by the International Labour Conference in 2022 entered into force for India on 23 December 2024,the Committee draws the Government’s attention to the questions included in the revised report form and requests the Government to reply to such questions in its next report, indicating in each case the applicable national provisions.

Impact of the COVID-19 pandemic. In this regard, the Committee notes the Government’s indication that all restrictions imposed by the Directorate General of Shipping have been withdrawn. The Committee takes note of this information.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes that in response to its previous comment, the Government has provided a copy of the National Maritime Board (India) – NMB(I) Collective Bargaining Agreement for the period 2024–27 (hereafter NMB CBA). The Committee further observes that the Merchant Shipping Act, 2025, was adopted to consolidate and amend the law relating to merchant shipping (Merchant Shipping Act, 1958) to ensure compliance with international instruments, among which the MLC, 2006. The Committee notes with interest the adoption of this Act and draws the Government’s attention to the points set out below as necessary measures for achieving full implementation of the Convention.

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. In reply to its previous comment, the Committee notes the Government’s indication that no trainee has been placed on board any vessel for a period exceeding 12 months and that the Directorate General of Shipping (DGS) has reviewed Merchant Shipping Notice 04 of 2017, which previously allowed a trainee to continue on board a vessel for a longer period than the maximum 12 months duration of service after which seafarers shall be entitled to repatriation. It indicates that, additionally, paragraph 7 of DGS Circular 08 of 2025, specifies that the maximum period of contract shall not exceed 11 months. While noting this information, the Committee observes that Merchant Shipping Notice 04 of 2017 and Merchant Shipping Notice 08 of 2018 on the Exemption of Cadets/trainees from the purview of MLC, 2006, still seem to be in force and grant relaxation to cadets/trainees regarding the rules of the Merchant Shipping (Maritime Labour) Rules 2016, with respect to wages, the maximum duration of service periods on board following which a seafarer is entitled to repatriation, and social security measures. The Committee further notes that pursuant to section 3(56) of the newly adopted Merchant Shipping Act, 2025, “seafarer” means any person who is employed or engaged or works in any capacity onboard a seagoing vessel, but does not include: … (ii) any other person as the Central Government may, by notification, specify. In light of the above, the Committee requests the Government to: (i) specify whether the provisions of the Merchant Shipping Act, 2025, and of the Merchant Shipping (Maritime Labour) Rules 2016, fully apply to cadets/trainees or whether relaxations are still in force; and (ii) indicate whether any determinations have been made to exclude a category of persons from the definition of a seafarer pursuant to section 3(56) of the Merchant Shipping Act, 2025.

Regulation 2.1 and Standard A2.1, paragraph 1(a). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. Referring to its previous comment, the Committee notes the Government’s indication that the term “agent” refers to the “agent of the owner”. The Government further indicates that Indian companies are executing the documents with the name and stamp of the company, which clearly established the identity of the shipowner. The Committee observes that the NMB CBA provides that the seafarers’ employment agreement (SEA) having reference to its provisions shall be signed by both, the seafarer and the shipowner or the representative of the shipowner. While noting this information, the Committee observes that section 63(1) of the Merchant Shipping Act, 2025, provides that “[t]he master or owner of every Indian vessel or recruitment and placement service agency for Indian vessel or foreign vessel shall enter into seafarers’ employment agreement in such form and manner as may be prescribed with every seafarer whom he engages and shall submit a copy thereof to the shipping master”. Recalling that any signatory of the seafarers’ employment agreement other than a shipowner should produce a signed “power of attorney” or other document showing that he/she is authorized to represent the shipowner, the Committee requests the Government to adopt without delay the necessary measures to give full effect to Standard A2.1, paragraph 1(a), and to ensure that the company’s representative or employer, are authorized to act as a representative of the shipowner when signing the seafarers’ employment agreement. It further requests the Government to provide an example of the standard seafarer’s employment agreement.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes that the Government’s reply to its previous comment does not contain relevant information regarding the requirement that all seafarers on Indian flag have SEAs that include all the matters listed in Standard A2.1, paragraph 4. The Committee therefore reiterates its previous request.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee notes that, in response to its previous comment, the Government refers to the latest NMB CBA, valid until 31 December 2027, which clearly stipulates that neither the seafarer nor the shipowner shall serve notice of termination of employment with a period of less than seven days. However, a shorter notice period may be given in the event of justifiable circumstances, such as when, in the course of a voyage, it is confirmed that the spouse, parent, or dependent child has fallen dangerously ill or has died. The Government also refers to the Indian National Shipowners’ Association (INSA) and the Maritime Union of India (MUI) (hereafter INSA-MUI Agreement), which provides the same circumstances justifying a shorter notice period. The Committee takes note of this information.

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. The Committee notes with interest that the NMB CBA and the INSA-MUI Agreement, as well as DGS Circular No. 35 of 2020 give effect to the requirements of the 2018 amendments to the Code of the MLC, 2006. The Committee takes note of this information.

Regulation 2.2 and Standard A2.2, paragraph 6. Wages. In reply to its previous comment, the Committee notes the Government’s indication that all Indian seafarers serving on board Indian flag ships are covered under the CBAs through the articles of agreement. However, in cases where they are not covered, the SEAs shall incorporate wages in accordance with clause 16.7 of Merchant Shipping Notice 07 of 2020, which establishes the minimum wage on the basis of the amount set by the Joint Maritime Commission. The Committee takes note of this information.

Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. The Committee notes the reply of the Government to its previous comment explaining that to this day, no authorized exception to forgo annual leave has been issued. It further states that the new Merchant Shipping Act, 2025, has been recently passed and the rules under the Act are under development. These exemptions will be incorporated therein and communicated in future if any. The Committee requests the Governmentto provide information on any developments in this regard.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee notes that, in reply to its previous comment, the Government refers to the revised NMB CBA, valid until 2027, which does not contain any provision for the payment of bonus for service beyond 11 months. The Government indicates that the INSA-MUI Agreement provides for a prolonged service allowance, up to a maximum of 10 months. The Committee takes note of this information.

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. Further to its previous comment, the Committee notes with interest the Government’s indication that the NMB CBA provides that shipowners shall ensure repatriation of seafarers as per rule 12 of the Merchant Shipping (Maritime Labour) Rules 2016, which ensures the right to repatriation and the entitlements to be accorded in the circumstances foreseen under Standard A2.5.1, paragraph 1, including in the case that the SEA is terminated by the seafarer for justified reasons, as provided for under Standard A2.5.1, paragraph 1(b)(ii). Additionally, the INSA-MIU Agreement also incorporates this provision. The Committee takes note of this information.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs. The Committee notes the Government’s reply to its comment referring to the newly passed Merchant Shipping Act, 2025, which incorporates provisions under section 97 relating to misconduct by seafarers endangering life or vessel. While noting this information, the Committee observes that it is not clear if shipowners are only allowed from recovering the cost of repatriation from the seafarers’ wages or other entitlements in circumstances limited to those mentioned by the Government or whether other circumstances such as those provided for under sections 98 et seq, relating to desertion and discipline would also constitute situations where the seafarer has been found to be in “serious default” of the seafarer’s employment obligations. The Committee notes that there does not seem to be a clear definition of what constitutes situations of serious default of the seafarer’s employment obligations. The Committee requests the Government to take the necessary measures to ensure that the circumstances of serious default under which a shipowner has the possibility to recover the cost of repatriation from the seafarer’s wages or other entitlements after the seafarer has been found in such a serious default are clearly defined in order to avoid any ambiguities.

Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment indemnity. Referring to its previous comment, the Committee notes with interest that the NMB CBA provides that in case of loss of employment due to loss of ship or foundering, the seafarer will be eligible for wages up to return to port of engagement and further till employment for balance tour of duty is provided or 2 months wages, whichever is less. The Committee takes note of this information.

Regulation 4.1 and the Code. Medical care ashore. The Committee notes, in response to its previous request, that the Government states that for any medical emergency within Indian territory, the shipowner’s local agent is required to make the necessary arrangements to provide the seafarer access to appropriate public or private hospital facilities. The Committee takes note of this information.

Regulation 4.3 and the Code. Health and safety protection and accident prevention.In the absence of relevant information in reply to its previous comment, the Committee reiterates its previous request to the Government to provide detailed information on the following: (i) development of national guidelines for the management of occupational safety and health on board ships, taking into account applicable codes, guidelines and standards recommended by international organizations, national administrations and maritime industry organizations (Regulation 4.3, paragraph 2); (ii) adoption of laws and other measures for effective implementation and promotion of occupational safety and health policies and programmes on ships, including training and instruction of seafarers (Standard A4.3, paragraph 1(a)); (iii) laws and regulations and other measures specific to maritime employment addressing all matters in Standard A4.3, paragraphs 1 and 2, and in particular the obligation to establish ship’s safety committee on board a ship with five or more seafarers (Standard A4.3, paragraph 2(d)); and (iv) manner in which occupational accidents and diseases relating to seafarers covered by the Convention are reported and investigated, and statistics in that regard are published (Standard A4.3, paragraph 5).

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee noted that social security coverage in India is based on the criterion of nationality and not residency and that seafarers have a specific regime that is different than shoreworkers. The Committee requested the Government to: (i) clarify whether seafarers are granted the same social security coverage as shoreworkers; and (ii) to specify the conditions of coverage for non-national seafarers ordinarily resident in India who work on a ship flying a foreign flag. In this regard, the Committee notes the Government’s indication that Indian seafarers serving on Indian-flag vessels are entitled to social security benefits identical to shoreworkers, as provided in the CBAs. The Government further indicates that no foreign seafarers are permitted to stay or reside in India, except on the basis of a short term visa obtained for that purpose. While noting this information, the Committee observes that the Government has not specified if Indian seafarers serving on ships flying a foreign flag are granted social security coverage in the branches specified, which is no less favourable than that enjoyed by shoreworkers resident in India, in conformity with Regulation 4.5. The Committee accordingly requests the Government to indicate the measures taken to ensure the principle of equal treatment between seafarers and shoreworkers in relation to Indian seafarers ordinarily resident in India who work on board foreign flagged vessels.

Regulation 5.1.1 and Standard A5.1.1, paragraph 2. Flag State responsibilities. General principles. Copy of the MLC, 2006 on board.Noting that the national provisions to which the Government refers do not seem to require that all ships that fly its flag shall have a copy of the Convention available on board, the Committee requests the Government to take the necessary measures to ensure compliance with this requirement of the Convention.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations.Noting that the Government’s reply does not contain relevant information as to how Regulation 5.1.2 is given effect to, the Committee reiterates its previous request to the Government to take the necessary measures so that the competent authority reviews the competency and independence of the organization to be recognized (paragraph 1) and establishes a system to ensure the adequacy of work performed by recognized organizations (paragraph 3(a)), as well as procedures for communication with and oversight of such organizations (paragraph 3(b)).

Regulation 5.1.3 and Standard A5.1.3, paragraph 12. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance.Noting that the national provisions to which the Government refers do not seem to give effect to Standard A5.1.3, paragraph 12, the Committee reiterates its previous request to the Government to take the necessary measures to ensure that a current valid maritime labour certificate and declaration of maritime labour compliance, accompanied by an English-language translation where it is not in English, shall be carried on the ship and a copy shall be posted in a conspicuous place on board where it is available to the seafarers. A copy shall be made available in accordance with national laws and regulations, upon request, to seafarers, flag State inspectors, authorized officers in port States, and shipowners’ and Seafarer representatives.

Regulation 5.1.3 and Standard A5.1.3, paragraphs 14-17. Flag State responsibilities. End of validity of the maritime labour certificate and the declaration of maritime labour compliance. Further to its previous comment, the Committee notes the Government’s indication that the new Merchant Shipping Act, 2025, has been passed by Parliament, under which new rules are to be framed. The Committee requests the Government to take the necessary measures without delay to comply with the requirements of Standard A5.1.3, paragraphs 14–17, establishing the circumstances in which a maritime labour certificate ceases to be valid and the circumstances in which a maritime labour certificate must be withdrawn.

Regulation 5.1.5 and Standard A5.1.5, paragraph 3. Flag State responsibilities. On board complaint procedures. Victimization. In reply to the Committee’s comment, the Government indicates that this requirement is verified by surveyors. The Government also indicates that so far, no complaints of victimization from complainants have been received. The Committee observes that measures to safeguard against possible victimization for filing a complaint, as provided for under Standard A5.1.5, paragraph 3, as well as provisions prohibiting and penalizing any kind of victimization of a seafarer for filing a complaint, as required under Regulation 5.1.5, paragraph 2, do not seem to have been adopted. The Committee requests the Government to take the necessary measures to give full effect to these requirements of the Convention.

Regulation 5.1.6. Flag State responsibilities. Marine casualties. The Committee notes with interest the Government’s reply to its previous comment indicating that the Directorate General of Shipping has issued a Standard Operating Procedures for handling Marine Casualty in 2021, wherein the definition “casualty” includes serious injury. The Committee takes note if this information.

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. Further to its previous comment, the Committee notes that the Government states that the Directorate General of Shipping has issued a Surveyor Training Manuel and Merchant Shipping Notice 02 of 2024 detailing the procedure for conducting PSC inspections on foreign-flagged vessels. The Committee takes note of this information.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes that, in response to its previous comment, the Government indicates that a complete restructuring of the seafarer’s grievance redressal mechanism is under consideration by the Directorate General of Shipping. In this regard, a draft Merchant Shipping Notice has been published on the website for stakeholders’ consultation and once finalized, a copy will be submitted to the Committee. The Committee requests the Government to take the necessary measures to ensure compliance with Regulation 5.2.2 and the Code and to provide information on the progress made in this regard.