Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - Singapur (Ratificación : 2011)

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 Singapore on 26 December 2020 and that those approved in 2022 will enter into force on 23 December 2024.

Article II, paragraphs 1(f), 2, 3 and 7 of the Convention. Definitions and scope of application. Seafarers. National determination. The Committee notes that, in reply to its previous request concerning certain categories of persons who are not to be regarded as seafarers, the Government states that the Maritime and Port Authority of Singapore (hereafter the “MPA”) is reviewing the Merchant Shipping (Maritime Labour Convention) (Definition of Seafarer) Order 2014, in consultation with the Singapore Shipowners’ and Seafarers’ organizations, through the Singapore Tripartite Working Group (TWG). The Government indicates that it will update the Committee about the outcomes of the review. The MPA further indicates that it has not received any application, nor enforced any exemption for persons not to be considered as seafarers, under paragraph 2 of the Order. Noting the Government’s indication that it is reviewing the Merchant Shipping (Maritime Labour Convention) (Definition of Seafarer) Order 2014, the Committee requests the Government to provide information on any development in this respect.

Article II, paragraphs 6 and 7. Definitions and scope of application. Ships under 200 gross tonnage. In reply to the Committee’s previous comment, the Government specifies that the exemption foreseen under section 4(1)–(3) of the Merchant Shipping (Maritime Labour Convention) Act 2014 (hereinafter, “MLC Act”) to not apply any provision of the Act or regulations made under the Act can only apply to ships of less than 200 gross tonnage operating within Singapore Territorial Waters and that if the ship is required to operate beyond these waters, the ship must comply with the MLC Act requirements prior departing the port. While noting this information, the Committee is bound to recall that the flexibility provided for in Article II, paragraph 6, only pertains to “certain details of the Code” of the Convention, that is, Standards and Guidelines, and cannot be extended to the content of its Regulations. The Committee accordingly requests the Government to adopt the necessary measures to ensure full conformity with the provisions of Article II, paragraph 6, thereby restricting the use of this flexibility in relation to the aspects covered by Standards and Guidelines of the Convention by reviewing the scope of application of section 4(1)–(3) of the MLC Act. The Committee further requests the Government to provide information on any exemption granted in the future under the MLC Act.

With respect to dispensations of requirements of the MLC Act that the Director of Marine may grant to ships in specific circumstances, the Committee notes that the Government indicates that the MPA has not received any application for dispensation, nor enforced any exemption under Section renumbered 53(14) of the revised MLC Act and section 80 of the same Act. The Committee requests the Government to provide information on any exemption granted in the future under sections 53(14) and 80 of the MLC Act.

Regulation 1.4 and Standard A1.4, Paragraph 5(c)(vi). Recruitment and placement. System of protection. Referring to its previous comment, the Committee notes the Government’s indication that all companies based in Singapore which are engaged in Seafarer Recruitment and Placement Services (hereafter “SRPS”) are issued a certificate of authorisation (“COA”) by the Director of Marine, upon audit by an MPA-appointed Recognised Organisation (RO) for compliance with requirements of the MLC Act and the Merchant Shipping (Maritime Labour Convention) (Seafarer Recruitment and Placement Services) Regulations 2014. Among the items audited for compliance is the requirement of section 15 of these Regulations that SRPS have established a system of protection. While noting this information, the Committee requests the Government to provide information on how the system of protection operates in practice and what it covers.

Regulation 2.2 and the Code. Wages. The Committee notes that, in relation to its previous request, the Government has not indicated whether exceptions to the monthly payment requirement have been made, pursuant to section 20(1) of the MLC Act, which provides that wage payments are to be made in full and on a monthly basis “except as otherwise provided in this Act or any other written law”. Recalling that Standard A2.2, paragraph 1, of the Convention provides that each Member shall require that payments due to seafarers working on ships that fly its flag are made at no greater than monthly intervals and in accordance with any applicable collective agreement, the Committee requests the Government to ensure that no exceptions to the monthly payment of wages are allowed.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. The Committee notes the Government’s indication that Regulation 6 of the Merchant Shipping (Maritime Labour Convention) (Requirements and Conditions of Employment) Regulations 2014 prescribes the standardised format for the record of hours of rest referred to in section 16(7) of the Act which shall be the model format set out in Appendix 4 of the IMO/ILO Guidelines for the Development of Tables of Seafarers’ Shipboard Working Arrangements and Formats of Records of Seafarers’ Hours of Work or Hours of Rest issued jointly by the International Maritime Organization and the International Labour Organization. The Committee observes that the model format for the accurate reflection of record of hours of rest set out in Appendix 4 of the above-mentioned Guidelines requires the signature of the seafarer in compliance with the provisions of the Convention. The Committee takes note of this information, which addresses its previous request.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. In reply to the Committee’s previous comment, the Government states that section 4 of the Merchant Shipping (Maritime Labour Convention) (Requirements and Conditions of Employment) Regulations 2014 prescribes the conditions under which exceptions to the hours of rest set out in section 16(9) of the MLC Act are permitted by the Director of Marine. The Committee however observes, once again, that section 4 of the Regulations allows exceptions to be set out in the provisions of a collective agreement or any other agreement between a seafarer and a shipowner, and such provisions shall be registered with the Director, while Standard A2.3, paragraph 13 does not envisage exceptions being made in agreements between a shipowner and a seafarer. While observing that the Government indicates that the Director of Marine has not granted any exceptions under section 16(9) of the MLC Act, the Committee requests the Government to amend section 4 of the Merchant Shipping (Maritime Labour Convention) (Requirements and Conditions of Employment) Regulations 2014 and section 16(9) of the MLC Act to ensure that no exception to the hours of rest can be agreed on an individual basis.

Regulation 2.4 and Standard A2.4, Paragraph 3. Prohibition to forgo paid annual leave. Exceptions. In reply to the Committee’s previous comment, the Government specifies that while section 14(8) of the MLC Act provides that the Authority has the power to prescribe circumstances under which the minimum annual leave may be forgone, the Authority has not prescribed such circumstances. Recalling that any agreement to forgo the minimum annual leave with pay is prohibited, except in specific cases restrictively provided for by the competent authorities, the Committee requests the Government to inform it in case any such circumstances are prescribed in the future.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In its previous comments, the Committee requested the Government to provide information on the implementation of Standard A2.5.2. The Committee notes with interest that the provisions of sections 23 and 34 of the MLC Act and regulations 3, 4 and 9 of the Merchant Shipping (Maritime Labour Convention) (Financial Security) Regulations 2017 give effect to the requirements of the 2014 amendments to the MLC, 2006. The Committee takes note of this information, which addresses its previous request.The Committee requests the Government to provide a copy of a standard certificate or other documentary evidence of financial security containing the information required in Appendix A2-I to the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.7 and the Code. Manning levels. The Committee notes that, in reply to its previous request, the Government specifies that regarding manning levels, Singapore-registered ships must comply with the provisions of the Merchant Shipping Act 1995 (MSA Act) and the MLC Act, and relevant regulations made under either Act. It further states that the requirements for a ship’s cook when determining manning levels are provided for in section 25 of the MLC Act and that shipowners must ensure that manning levels of their ships follow MPA’s minimum manning requirements as stated in the minimum safe manning document (“MSMD”). The Committee, however, observes that the Government has not supplied for each type of ship (passenger, cargo, etc.) a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it. The Committee requests the Government to provide examples of MSMDs to ensure compliance with this provision of the Convention. The Committee further observes that, according to section 25(3) of the MLC Act “[t]he shipowner and the master may, instead of complying with the requirement in subsection (1) to have a qualified ship’s cook on board, comply with any other requirement that the Director may approve in respect of a particular ship, or ships of a particular description, being a requirement that the Director considers substantially equivalent to the requirement in subsection (1) when considered together with the conditions and limitations to which the approval may be subject.” The Committee observes that there is no indication as to what are the conditions and limitations to which the approval is subject, as provided for under section 25(4) of the MLC Act. The Committee draws the Government’s attention to the fact that the concept of substantial equivalence is not a matter for administrative discretion but has to be decided by a Member on a horizontal basis – i.e. not on an ad hoc basis – following the requirements of Article VI, paragraphs 3 and 4. Any substantial equivalences that have been adopted must be stated in Part I of the Declaration of Maritime Labour Compliance (“DMLC”) that is to be carried on board ships that have been certified. The Committee requests the Government to provide detailed information with respect to the adoption of substantial equivalence(s), including concrete examples, with respect to the requirement to carry a ship’s cook, and to ensure that any use of such possibility will be clearly regulated and follow the procedure of Article VI, paragraphs 3 and 4.

Regulation 3.1 and the Code. Accommodation and recreational facilities.Noting the Government’s indication that the provisions of the Merchant Shipping (Crew Accommodation) Regulations are in the process of being amended, the Committee requests the Government to adopt the necessary measures to give full effect to the requirements of Standard A3.1 and to provide information on the progress made in this regard.

Regulation 4.1, paragraph 3. Medical care on board and ashore. Access to on shore medical facilities for seafarers on board foreign ships. The Committee notes that section 33 of the MLC Act to which the Government refers contains provisions on the shipowners’ responsibilities regarding access to medical care ashore but does not regulate Singapore’s obligation, as a coastal State, to ensure that seafarers on board ships in its territory who are in need of immediate medical care are given access to its medical facilities on shore. The Committee requests the Government to indicate the measures taken to give effect in practice to Regulation 4.1, paragraph 3 and the conditions that may be imposed on foreign seafarers to get access to medical care ashore.

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 notes with interest that the Government refers to the provisions of the Merchant Shipping (Maritime Labour Convention) (Financial Security) Regulations 2017 which comply with the new requirements of the Convention. The Committee takes note of this information and requests, once again, the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that, in reply to its previous request, the Government refers to Shipping Circular No. 2 of 2024 with respect to the reporting of marine casualties and marine incidents, which complements the legislation previously submitted. 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 Committee notes that section 65 of the Work Injury Compensation Act 2019 provides that this Act applies to any seafarer, who is injured in an accident occurring on a Singapore ship, whether the ship is within or outside Singapore at the time of the accident. “Seafarer” covers any person who is employed as part of the crew of any Singapore ship. The Committee understands that this provision applies to non-resident seafarers working on board ships flying its flag. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.4 and Standard A5.1.4, paragraph 4. Flag State responsibilities. Inspection and enforcement. Intervals of inspection. In reply to the Committee’s previous comment, the Government indicates that Section 49 of the MLC Act provides for the inspection of Singapore-registered ships. While noting that this provision also covers Singapore flagged ships that are not required to carry a Maritime Labour Certificate or DMLC, the Committee observes that there is no indication as to the intervals at which inspections have to be carried out. The Committee requests the Government to take the necessary measures to ensure that the interval between inspections for Singaporean ships that are not required to carry a Maritime Labour Certificate or DMLC does not exceed three years, as required by Standard A5.1.4.

Regulation 5.1.4 and Standard A5.1.4, paragraph 10. Flag State responsibilities. Inspection and enforcement. Confidentiality of sources of grievances or complaints. The Committee notes that the Government provides no new information regarding procedures for receiving and investigating complaints concerning ships flying the Singapore flag pursuant to Standard A5.1.4, paragraphs 5, 10 and 11(b), and in particular as to the procedures for ensuring confidentiality. The Committee requests the Government once again to indicate any additional measures adopted to ensure that the procedures to receive and investigate complaints regarding ships that fly its flag, including the procedures for ensuring that the source is kept confidential, fully comply with the requirements of the Convention (Standard A5.1.4, paragraphs 5, 10 and 11(b)).

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 previous request, the Government specifies that section 55(2)(b) of the MLC Act, as well as paragraph 4 of Appendix 2A of Shipping Circular 06 of 2013, which prescribe the requirements for the on-board complaint form, grant the right for seafarers to be accompanied or represented by another seafarer of their choice on board the ship concerned during the complaint’s procedure. While Appendix 2A of Shipping Circular 06 of 2013 also requires that shipowners shall put in place measures to safeguard against possible victimization for filing a complaint, as provided for under Standard A5.1.5, paragraph 3, 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 Regulation 5.1.5, paragraph 2.

Regulation 5.2.2 and Standard A5.2.2, paragraph 7. Port State responsibilities. Onshore seafarer complaint-handling procedures. Confidentiality of the complaints. The Committee observes that the Government refers to section 55 of the MLA Act which relates to on-board complaints procedures and does not prescribe the procedures established on-shore to ensure that seafarers on ships calling at a port in the Member’s territory who allege a breach of the requirements of this Convention (including seafarers’ rights) have the right to report such a complaint in order to facilitate a prompt and practical means of redress. The Committee requests the Government to adopt the necessary measures to fully comply with Regulation 5.2.2, paragraph 1, and Standard A5.2.2, paragraphs 1–7, including measures to safeguard the confidentiality of complaints made by seafarers.