**Executive Summary**
M.S. Notice No. 04 of 2017, issued by the Directorate General of Shipping on June 2, 2017, clarifies the applicability of the Maritime Labour Convention (MLC) 2006 provisions to trainees and cadets employed/working on vessels. It outlines specific relaxations granted considering representations from Indian ship owners regarding the Maritime Labour Convention. It also reiterates the applicability of MLC 2006 to trainees/cadets except as specified in the notice.
**Key Points / Main Content**
* **MLC 2006 Applicability:** With respect to trainees and cadets employed/working on vessels, the provisions of Maritime Labour Convention, 2006 as enshrined in the Merchant Shipping (Maritime Labour) Rules 2016 shall be applicable as for other seafarers.
* **Definition of Seafarer:** Seafarer means "any person employed or engaged or works in any capacity on board a sea going ship but does not include the employment or engagement or work on board in any capacity of any person in a ship of war or any Government ship used for military or non-commercial purposes.
* **Relaxation on Duration of Service (Repatriation):**
* Rule 12(3)(b) stipulates that maximum duration of service on board to which the seafarers shall be entitled for repatriation shall be less than twelve months.
* Partial relaxation from this rule is granted if both the trainee and the ship owner agree for an extended stay on board to complete required sea time for Examinations for Certificate of Competency.
* Rest of the provisions related to the Rule 12 of the MS (Maritime Labour) Rules including the provisions related to placement of financial security shall apply in respect of trainees.
* **Relaxation on Social Security Measures:**
* Rule 22 Social security measures as given in Rule 22 of the MS (Maritime Labour) Rules 2016 may not cover the trainees/cadets on board.
* Notification no G.S.R. 232(E) issued on 10.3.2017 with respect to contribution to Seafarers Welfare Fund Society already provides for exemption the contribution with respect to trainees.
* **General Applicability:** Barring the two relaxations mentioned above, all other provisions of Maritime Labour Convention 2006 as enshrined in the Merchant Shipping (Maritime Labour) Rules, 2016 shall apply with respect to trainees/cadets on board Indian flag ships, to which such Rules apply.
**Impact Analysis**
**Shipping Companies**
* **Impact:** Need to comply with MLC 2006 provisions for trainees/cadets, except for the relaxations related to duration of service and social security measures.
* **Action Required:** Ensure compliance with the regulations, taking into account the specified relaxations, and obtain agreement from both the trainee and the shipowner for any extended stay beyond twelve months.
**Shipping Masters**
* **Impact:** Need to ensure compliance with MLC 2006 provisions for trainees/cadets, except for the relaxations related to duration of service and social security measures.
* **Action Required:** Ensure compliance with the regulations, taking into account the specified relaxations, and obtain agreement from both the trainee and the shipowner for any extended stay beyond twelve months.
**Trainees/Cadets**
* **Impact:** Rights and obligations under MLC 2006 are applicable, with potential for extended onboard service if mutually agreed.
* **Action Required:** Understand their rights and obligations under MLC 2006, agree with the shipowner on any extended onboard service, and be aware that rest of the provisions related to the Rule 12 of the MS (Maritime Labour) Rules including the provisions related to placement of financial security shall apply.
Key Entities Referenced
Maritime Labour Convention, 2006: International treaty establishing minimum working and living standards for seafarers.
Directorate General of Shipping: Indian governmental authority responsible for maritime affairs, issuing notices and implementing regulations.
M. S. Notice No. 04 of 2017: Notice providing exemptions and clarifications regarding the application of maritime labor regulations to cadets/trainees on Indian ships.
Ministry of Shipping: The Indian government ministry responsible for policies and regulations related to shipping and maritime transport.
Merchant Shipping (Maritime Labour) Rules, 2016: National rules implementing the Maritime Labour Convention in India, significantly impacting seafarer welfare and working conditions.
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F. No. 1 6/CR/03/201 3-Vol-l Dated: 02.06.2017
M. S. Notice No. 04 of 2017
Sub: Exemption of Cadets/ Trainees from purview of M1C,2006-reg.
Following the Notification of Merchant Shipping (Maritime Labour) Rules of 20'16' on
29.2.16, the Directorate General of Shipping has issued M.S. Notice No.16 of 20'16 dated
16 setting out guidelines for implementing the provisions of the Maritime Labour
08. 1 2.
Convention on its flag ships.
2. As per the provisions of Maritime Labour Convention as enshrined in the Merchant
Shipping (Maritime Labour) Rules of 2016, Seafarer means
"any person employed or engaged or works in any capacity on board a sea going
ship but does not include
i) the employment or engagement or work on board in any capacity of any person
in a ship of war or
ii) any Government ship used for military or non -commercial purposes "
3. Representations were received from lndian ship owners requesting for exemption of the
provisions of Maritime Labour Convention 2006 in respect trainees/cadets on board their ships.
The Directorate General of Shipping, Govt of lndia has held extensive discussion within the
organisation and with the stakeholders on the sub.iect matter After such deliberation/discussions
and also after referring to the provisions in related Acts of Maritime Nations, it is hereby clarified
that with respect to the trainees and cadets employed/working on the vessels, the provisions of
Maritime Labour Convention. 2006 as enshrined in the Merchant Shipping (Maritime Labour)
Rules 2016 shall be applicable as for other seafarers.
...21-4.
However' considering the representation made by rndian ship owners, reraxation with
respect to following provisions is granted with respect to trainees/ cadets employed/ working on
board lndian ships-
a) The Rure 12(3) (b) of the Merchant shipping Rures, 2016 stipurates that maximum
duration of service on board to which the seafarers shall be entifled for repatriation
shall be ress than twerve months. The hainee may prefer to continue on board a
vesser for a ronger period to comprete the sea time required for appearing in the
Examinations for certificate of Competency. Therefore partial relaxation fi-om this
Rule is granted for such trainees, provided the trainee and the ship owner, both
agree for such extended stay on board. Rest of the provisions related io the Rule 12
of the MS (Maritime Labour) Rures including the provisions rerated to pracement of
financial security shall apply jn respect of trainees.
b)
The sociar security measures as given in Rure 22 of the MS (Maritime Labour) Rures
2016 may not cover the trainees/cadets on board. ln this context, the Notification no
G'S R' 232(E) issued on 10.3.2017 with respect to contribution to Seafarers
Welfare Fund society already provides for exemption the contribution with respecl to
trainees.
5
Barring the above two relaxations, all other provisions of Maritime Labour Convention
2006 as enshrined in the Merchant Shipping (Maritime Labour) Rures, 2016 shal appry with
respect to trainees/cadets on board rndian frag ships, to which such Rures appry.
6.
This issues with the approval of the Director General of Shipping & ex-officio Additional
Secretary to the Government of lndia.
@=*
(Rajesh Mendhe)
Assistant Director General of Shipping (Crew)
To,
1
.All Shipping Companies.
2.
All Shipping Master,s
3.
Principar officer, Mercantire Marine Department officer, Mumbai, chennai, Korkata,
Kandla, Kochi.
!. . Surveyor-rn-charge, Mercantire marine Department office Jamnaqar. Murmaooa
Manglore, Tuticorin, Vishakapatnam, paradip, HaiOla, port afrlr No,Oa.---
Copy to
;
1.
INSA/FOSMA/MASSA,
2.
Nautical/Eng ineerrng/Naval Arch. /Training/SD Branch of the Dte.
3.
Hindi Section for translation in Hindi
1. The Secretary to Govt. of rndia, Ministry of Shipping, Transport Bhavan, 1, parriamenr
Street, New Dethi - 1 10001 .