ILO 110th session amendment (2022) to Maritime Labour Convention, 2006

: t. GOVr: IA qiF, ft: nrs *!r M lN ls'I'RY O qry kO r6R -T {S T, 6 s rH F rU€q:'Pnt dt\ q( .; T A { N g D )VAT [: RW A ys DIRE(:T0RATE (;f NEI{A L ()F SHIPI;IN(;, NIT]IVI BAI File No.23-MLC/5/2024-CREW-DGS (C. No. 30987) Date:19.12.2024 DGS Order No. 2l of 202,1 Subiect: ILo llOth session amendments (2022) to Maritime Labour Convention.2006 - req. 1. whereas, in exercise ofthe powers conferred by section 218A, read with section 457. of the Merchant Shipping Act, 1958 (44 of 1958), as amended, the central Govemment, having regard to the provisions of the Maritime Labour Convention, has notified the Merchant Shipping (Maritime Labour) Rules, 2016. which came into force with effect from 29.02.2016, vide the Ministry of Shipping, Govt. of India's Notification G.s.R. 202 (E) dated 29.02.2016 and further amended the Rules as Merchant shipping (Maritime Labour) 4mg16ment Rules,202l, which deemed to have come into force on the 26.12.2020 vide G.S.R. 441 (E) 29.06.2021. 2. Whereas, in exercise ofthe powers conferred by sub-section (3) of section 95 and section 457 of the Merchant Shipping Act, 1958 (44 of 1958), and in supersession of the Merchant Shipping (Recruitment and Placement of Seafarers) Rules, 2005, the Central Govemment has notified Merchant Shipping (Recruitment and Placement of Seafarers) Rules, 2016 which came into force with effect from 15.02.2016, vide the Ministry of Shipping, Gor.t. of India,s Notification G.S.R. 169 (E) dated 15.02.2016 and further amended the Rules as Merchant Shipping (Recruitment and Placement of Seafarers) Amendment Rules, 2022, which came into force with effect from 26.02.2022 vide G.S.R. 319 (E). 3. Whereas, the Intemational Labour Conference (lLO) in its I l0th session adopted a series of significant amendments to the Maritime Labour Convention (MLC), 2006. These amendments were adopted to address the challenges observed during the COVID-19 pandemic and are intended to strengthen the rights of seafarers, ensure their well-being, provide them secure environment in the Maritime Industry and are set to enter into force gtobally on 23'd December 2024. 4. Whereas, member states party to MLC, 2006 including India. are responsible for implementing the said amendments. The Directorate General of Shipping, Govt. of India hereby issues directives to Indian shipowners, Managers and Recruitment and Placement Service Licenses (RPSL) agencies to ensure full and effective compliance to the following listed amendments by updating their Safety Management Systems (SMS), Crewing Manuals and Declaration of Maritime Labour Compliance (DMLC) as required: 4.1 Reference MLC 2006 Standard Al.4 - Recruitment and placement Para 5 (c) (vi) ,.,.2 1r\'C H efi i'Fm, +er RHq, qri Ri6 +q{,6igt'fiE trs, oigfiFf ($) $ei- looo+z 9tt Floor, BEIA Bullding, l-Think Tedtno Campus, Kanjur Village Road, Kanjurmarg (E), Mumbai40@42 #{nel ilo.: hlpph.gor/.h-12l- MS (RPS) Rules 2016 Rule 5 (l) (e): establish q system of protection, by way of a bank guarantee to compensate seafarers for any monetary loss that they may incur as a result of the failure of a recruitment and placement service and the relevant shipowner under lhe seafarer's employment agreement to meel its obligation to them and ensure that seafarers are informed, prior to or in the process ofengapement, of their rishts under the svstem Compliance Requirements: The Shipowners. Ship Managers. RPS agents are to ensure that the seafarers recruited onboard their vessels are informed about their rights applicable under Seafarer's Employment Agreement (SEA) and applicable Collective Bargaining Agreement (CBA) prior to or in the process of engagement before signing on onboard ships and maintain necessary documentary records to satisfy the compliance. .2 4 Reference MLC 2006 Standard A2.5.1 - Recruitment and placement Para 9 I inserted nell' sub uenl h time Labour Rules 2016 Rule 12 9 9. Members shall focilitate the proupl! reDatriation of seafarers. includins when lhev are deemed abondoned within lhe meaninp of Standard A2.5.2, par aoh 2. Port States. llap Stqtes ond labour suoolvins States shall cooDerate to ensure thqt seafarers enpased on a ship lo reDlace sea rers who have been abandoned in their lerritotv. or on a shio llvins their /lat!, includinp lndian seafarers on foreisn flus sh I be accorded their rig.hts and entitlemenls under this (lonvention Ill liance uirements The Directorate General of Shipping shall facilitate the prompt repatriation of seafarers, including when they are deemed abandoned within the meaning of these rules. Indian Administration as a Port State, flag State and labour supplying state shall cooperate to ensure that seafarers engaged on a ship to replace seafarers who have been abandoned in Indian territory, or on a ship flying Indian flag, including Indian seafarers serving on foreign flags ships shall be accorded their rights and entitlements under these rules. 4.3 Reference MLC 2006 Standard A3.l - Accommodation and recreational facilities (Para 17 amended) MS (Maritime Labour) Rules 2016 Chapter IV Rule 16: Appropriate seafarers' recreational facilities, amenities and services, includins social connectivit)). as adapted to meet the special of needs of seafarers who must live and work on ships, shall be provided on board for the benefit all seafarers, taking into account Merchanl shipping (Crew Accommodation) Rules, 1960 and Merchant Shipping (Seafarers' Accommodation) Rules, 2016 and the associated provisions on heahh and safety protection and accident prevention. Cornpliance Reqr:irements: The shipowners and ship managers are to ensure that the seafarers are provided appropriate social connectivity (intemet services) onboard as much as practically possible, taking into account the size, type, and area ofthe operation of the vessels, and maintain necessary documentary records to satisfu compliance. 4.4 Reference MLC 2006 Cuideline 83.1.1 1 - Recreational facilities, mail and ship visit arrangements ....J H ffi {'Fd, +er RfH'r, ed Ria, ftq(,6rgt {q ts, oigfirf (gd) iei- +ooorz gth Floor, BEIA Building, l-Think Tecfino campus, lGnjur ullage Road, Kanjurmarg (E), Mumbai40fix2-t3l- (Para 4(j) amended) MS (Seafarers' Accommodation) Rules.2016 First Schedule 9(4Xj): reasonable access to ship- to-shore teleohone communications, where available, with anv charges .for the use of these services being reasonable in amount. Compliance Requirements: The Shipowners and Managers are to ensure that the seafarers are provided reasonable access to ship-to-shore telephone communications, where available, with any charges for the use of these services being reasonable in amount and maintain necessary documentary records to satisfu the compliance. 4.5 Reference MLC 2006 Guideline B3.l .l I Recreational facilities. mail and shio visit arTangements inserted new 8 MS (Maritime Labour) Rules 2016 Cha IV Rule 16: reasonable access to shiplo-shore teleohone communications, where available, with any charPes for the use of these services beins reasonable i mounl Comp ance Requlrements: The Shipowners and Managers are to ensure that the seafarers are provided reasonable access to ship-to-shore telephone communications, where available, with any charges for the use of these services being reasonable in amount and maintain necessary documentary records to satisry the compliance. 4.6 Reference MLC 2006 Guideline 84.4.2 - Welfare facilities and services in ports (inserted new para 5 and renumber the subsequent paragraphs) MS (Maritime Labour) Rules 2016 Chapter IV Rute 16: Members should. soiar as is reasonably practicable, provide sea_farers on board ships in their porls and al their ossocialed anchoraoes wilh internet access, with charges. if an)t' being reasonable in omount' Compliance Reouirements: The Directorate General of Shipping would facilitate so far as is reasonably practicable through the management of respective major and non-major ports in India 4 .7 Reference MLC 2006 i. Standard A3.2 - Food and catering (Replace paragraphs 2(a) and (b) by the following:) MS (Maritime Labour) Rules 2016 Chapter IV Rule 17: 2 (a) Jbod and drinking water supplies, having regard to the number of seafarers on board, their religious requirements and cultural practices os they pertain to food, and the duration and nature of the voyage, shall be suitable in respect of quantity, nutritional value, quality and variety, and shall be provided free of charge durin the riod o an menl 2 (b) the organization and equipment of the catering department shall be such as to permir the provision to the seofarers of adequale, varied, balanced and nutritious meals prepared and served in hygienic conditions; and \#. 4 H edi {'Bm, +cr RffiI, slri Pi'd fiq{,6r9l tq ts, 6igmr'f ({4) $e{- +ooolz 9$ Floor, BEIA Building, l-Think Techno campus, Kanjur Mllago Road, Kanjurmao (E), Mumbai400042-l4t- (Replace paragraph 7(a) by the following) 7(a) supplies of food and drinking water in relation to their quantiry. nutritional value. qualiN and varietv. Comoliance Requirements: The Shipowners and Managers are to ensure that the seafarers are (a) provided food and drinking water supplies, having regard to the number of seafarers on board, their religious requirements and cultural practices as they pertain to food. and the duration and nature of the voyage, shall be suitable in respect of quantity, nutritional value, quality and variety, and shall be provided free of charge during the period of engagement; including travelling to and fro from the ship (b) the organization and equipment ofthe catering department shall be such as to permit the provision to the seafarers of adequate, varied. balanced and nutritious meals prepared and served in hygienic conditions; (c) provide supplies of food and drinking water in relation to their quantity, nutritional value. quality and variety: and maintain necessary documentary records to satisry the compliance. 4.8 Reference MLC 2006 Standard ,A.4.l - Medical care on board ship and ashore (inserted new paragraph 5) MS (Maritime Labour) Rules 2016 Chapter V Rule l8 (5): 5. Each Member shall ensure prompt disembarkcttion of seafarers in need of immediate medical care liom ships in its terri rv and access to medical facilities ashore lbr the provision of aooropriate lreatmenl. Compliance Requirements: The Directorate General of Shipping will ensure prompt disembarkation of seafarers in need of immediate medical care from ships in Indian territory and access to medical facilities ashore for the provision of appropriate treatment. 4.9 Reference MLC 2006 Standard .A4.l - Medical care on board ship and asharq (inserted new paragraph 6) MS (Maritime Labour) Rules 2016 Chapter V Rule l8 (5): 6. IVhere a seafarer has died during a ship's vovase, the Member in whose territory the death ha.s occurred or, where the death has occurred on the high seas, into v,hose territorial walers the ship next enters. shall facilitate the reDalriation of the bodv or ashes bv the shipowner, in accordance with the wishes ofthe seafarer or their next ofkin. as aDDropriate Compliance Reouirements: The Directorate General of Shipping would ensure that where a seafarer has died during a ship's voyage, the country in whose territory the death has occurred or, where the death has occurred on the high seas, into whose territorial waters (country) the ship next enters, shall facilitate the repatriation ofthe body or ashes by the shipowner, in accordance with the wishes of the seafarer or their next of kin, as appropriate and maintain necessary documentary records to satisry the compliance. .3 4.10 Reference MLC 2006 Guideline 84.I Medical care ashore (inserted new paragraphs 4, 5) Relerence MLC 2006 Guideline 84. I .4 - Medical assistance to other ships and intemational k.n cooDeration ....5 H sfi {Fm, fta Bfurl, qr{ Rio A'T€,6lgt'fts ts' aigfir'f (T{) f+€- cooorz 9$ Floo( BEIA Building, l-Think Techno Campus, Kanjur V:llag€ Road, Kanjurmarg_ (E)' Mumbai400$42-tsl- (replace para 1(k) by the following) Compliance Requirements: The Directorate General of Shipping would facilitate so far as is reasonably practicable. 4.11 Reference MLC 2006 Standard A4.3 - Health and safery protection and accident Drevention (inserted new paragraph 6) MS (Maritime Labour) Rules 2016 Chapter V Rule 18 (lXb): l(b) reasonable precautions to prevent occupational accidents, injuries and diseases on board ship, inclwling throuph the provision of all necessary approoriately-sized oersotal protective equioment and measures to reduce and prevent the risk of exposure to harmful levels of ambient factors and chemicals, as well as the risk of injury or disease that may arise from the use of equipment and machinery on board ships. Compliance ulrements: The Shipowners and Managers are to ensure that reasonable precautions to prevent occupational accidents, injuries and diseases on board ship, including through the provision of all necessary appropriately-sized personal protective equipment and mq6ures to reduce and prevent the risk of exposure to harmful levels of ambient factors and chemicals, as well as the risk of injury or disease that may arise from the use of equipment and machinery on board ships are provided and maintain necessary documentary records to satisfu the compliance. A4.3 4.12 Reference MLC 2006 Standard Healtl144fuafetY Drotection and accident prevention @eplace the chapter of paragraph 5, insert new paragraph 5(a) and renumber the subsequent subparagraphs:) MS (Maritime Labour) Rules 2016 Chapter V Rule 18 (5): 5 (a\ all deaths o-f seafarers emoloved, enpaped or workinp on board ships that llv its flas are adeoualelv investi ted and recorded. and reoorted on an annual basis to he Direclor-General of the lnternalion I Lahour to be blished in a lobal re ter liance ents: Directorate General of Shipping will ensure that all deaths of seafarers employed, engaged or working on board ships that fly the Indian flag are adequately investigated and recorded, and reported on an annual basis to the Director-General of the Intemational Labour Office to be published in a global register. 4.13 Reference MLC 2006 ideline B4.3.5 - Reoortins and collection of statistics (Insert new paragraphs 4 and 5) Compl Req ts: Directorate General of Shipping would comply with the requirements so far as is reasonably practicable. 4.14 MLC 2006 Ao A2.I _ Evldence of financial securiw under Resulation 2.5. oh2 Wo- ....6 H ffi {Frt, +sr Rkrr, qr{ Pi'6 +q(,61g( {q trs, 6igflIri($) id- 400042 $th Floor, BEIA Buildlng, l-Think Tecfino Campus, Kanjur Vlllage Road, Kanjurmarg (E), Mumbai'400042-t6t- (Replace item (g) by the tbllowing:) MS (Mari trme Rules 2016 Form 1 (s): (g) name of the shipowner-q_pflh9J9g6gt9d om the shi wner A4-l Reference MLC 2006 Appendix Evidence of financial security under Reeulation 4.2 (Replace item (g) by the following:) MS (Maritime Labour) Rules 2016 Form 2 (g): (g) name of the shipowner oro lhe re tered di renl m the shi. \jner Compliance Requirements: Directorate Generql of Shipping shall accept the financial security document with details of name of the shipowner, or of the registered owner if different from the shipowner. 5. The following listed compliance mechanism shall be applicable for all the above listed MLC amendments effective and in force from 23'd December 2024: a) Existing MLC and DMLCs (DMLC Part I and Part II) that have been issued prior to the entry into force of the amendments will continue lo remain valid. However, they shall be amended no later than the date of the Jirst renewal inspection or next intermediate inspections on or after 23 December 2024 following entry into force of the amendments. b) Shipowners and Shipmanagers are required to amend their policies as well as their procedures, manuals and related documenlalion suitably to reflect the new requirements or amendmenls. c) Shipowners and Shipmanagers shall update their DMLC Part I and Part II, inilially by woy of an addendum and self-attested by DPA and shall be kept appended to the vessel's existing MLC Certificate as evidence of compliance with the amendments. d) RPS agents are required lo amend their policies as well as their procedures, manuals ond related documentdtion suitably to re/lecl lhe new requirements / amendments no later than the date of the next annual / renewal on or after 23 Decenber 2024 following entry into force of the amendments. e) Vessels being registered as Indian Jlag on or after 23 December 2024 must have a new DMLC Part I & II updated with the latest amendments. W^* -Jadlnnathan (Shyam ) Director General of Shipping ffi{Fn, fraRtu!, qr{RiaZdAqffiEttEts, {igfir'f ($)iei- moorz Sr Floor, BEIA Building, l-Think Tecfino Campus, Kanjur Vllhge Road, Kanjurmarg (E), Mumbai400042