**Executive Summary**
DGS Circular No. 35 of 2020 announces the implementation of the 2018 amendments to the Code of the Maritime Labour Convention (MLC), 2006, specifically relating to Regulations 2.1, 2.2, and 2.5. These amendments, adopted by the Governing Body of the ILO, will come into force on December 26, 2020. The circular aims to inform stakeholders and prepare them for these changes.
**Key Points / Main Content**
* **Implementation of MLC Amendments:**
* The circular addresses the 2018 amendments to the MLC 2006, affecting Regulations 2.1, 2.2, and 2.5.
* These amendments have been adopted by the Governing Body of the ILO and will be effective from December 26, 2020.
* India has already supported the amendment and started the necessary procedures to amend the Merchant Shipping (Maritime Labour) Rules, 2016.
* **Seafarer's Employment Agreements (Regulation 2.1):**
* The seafarer's employment agreement remains effective if the seafarer is held captive due to piracy or armed robbery, regardless of expiry or notice of termination.
* Definitions of "piracy" and "armed robbery against ships" are provided, aligning with the United Nations Convention on the Law of the Sea.
* **Wages (Regulation 2.2):**
* Wages and entitlements continue to be paid if a seafarer is held captive due to piracy or armed robbery.
* This includes remittance of allotments, until the seafarer is released and repatriated, or until their date of death (if they die in captivity).
* The definitions of "piracy" and "armed robbery against ships" are consistent with Regulation 2.1.
* **Repatriation (Regulation 2.5):**
* The entitlement to repatriation does not lapse if seafarers are held captive due to piracy or armed robbery.
* The definitions of "piracy" and "armed robbery against ships" are consistent with Regulation 2.1.
* **Ship-owner Obligations:**
* Ship-owners should ensure readiness with revised DMLC Part I & II.
* Inspection and certification of the Maritime Labour Certificate will occur during the ship's next scheduled inspection (intermediate or renewal), whichever comes first.
**Impact Analysis**
**Stakeholder: Ship Owners**
* **Impact:** Ship owners are responsible for ensuring compliance with the amended regulations, which may require adjustments to employment agreements and wage payment procedures.
* **Action Required:** Ship owners must prepare their vessels and documentation (DMLC Part I & II) to comply with the new amendments.
**Stakeholder: Seafarers**
* **Impact:** Seafarers benefit from the assurance that their employment agreements and wages will continue even when held captive due to piracy or armed robbery.
* **Action Required:** Seafarers should be aware of their rights under the amended regulations and understand the terms of their employment agreements.
**Stakeholder: Maritime Authorities**
* **Impact:** Maritime authorities are responsible for enforcing the amendments to the MLC and the corresponding changes to national regulations.
* **Action Required:** Maritime authorities need to update their inspection and certification procedures.
**Stakeholder: All Stakeholders**
* **Impact:** All stakeholders need to be informed about the new changes.
* **Action Required:** Ensure to keep up-to-date on the matter.
Key Entities Referenced
Maritime Labour Convention, 2006 (MLC, 2006): The international convention which this circular addresses amendments to, particularly regarding seafarers held captive due to piracy or armed robbery.
Merchant Shipping (Maritime Labour) Rules, 2016: The Indian rules that are to be amended to align with the 2018 amendments to the MLC, 2006.
Directorate General of Shipping, Mumbai: The issuing authority of the circular and the primary regulator for shipping in India.
2018 amendments to the Code of MLC, 2006: Amendments related to Regulation 2.1, 2.2 and 2.5 regarding piracy, armed robbery, and seafarers' employment agreements.
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DIRECTORATE GENERAL OF SHIPPING, MUMBAI
F. No.23-600 1 1 t2t 2020-CREWS-DGS Dated: 26.11.2020
DGS Circular No. g5 of 2020
This relates to the 2018 amendments to the code of MLC 2006 related to Regula tion 2.1 , 2.2
and 2.5 which has been adopted by the Governing Body of lLO. These amendments will
come into force on 26th December,2O2O. The details of the said amendments are enclosed
as Annexure-|.
2. lndia has already supported the said amendment of MLC in ILO and initiated necessary
action for required amendment to the Merchant Shipping (Maritime Labour) Rules, 2016,
corresponding to the said 2018 amendment of MLC, 2006
.
3. This circular is issued for information to all stakeholders for their preparedness well in
advance from the date of entry into force of the said amendments.
4. The ship-owners may be prepared in terms of ensuring the said amendments with
revised DMLC Part I & ll as on the date of entry in to force of the said amendments to
Merchant Shipping (Maritime Labour) Rules, 2016, however, with regard to inspection &
certification of Maritime Labour Certificate, the same shall be inspecled during next
-
inspection (intermediate or Renewal) due for the ship whichever is earlier.
5. This issues with the approval of Director General of Shipping & Additional Secretary to
Gol.
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(SubhashBarguzer)
Deputy Director General of Shipping (Crew)
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Annexure - I
13017/2020/CREW - DGS
Third meeting of the Special Tripartite
Committee established by the Governing
Body in accordance with Article XIII of the
Maritime Labour Convention, 2006,
as amended (MLC, 2006)
Text of the amendments adopted
on 27 April 2018
Amendments to the Code of the MLC, 2006,
relating to Regulation 2.1
Standard A2.1 – Seafarers’ employment agreements
Insert new paragraph 7:
7. Each Member shall require that a seafarer’s employment agreement shall continue
to have effect while a seafarer is held captive on or off the ship as a result of acts of piracy
or armed robbery against ships, regardless of whether the date fixed for its expiry has passed
or either party has given notice to suspend or terminate it. For the purpose of this paragraph,
the term:
(a) piracy shall have the same meaning as in the United Nations Convention on the Law
of the Sea, 1982;
(b) armed robbery against ships means any illegal act of violence or detention or any act
of depredation, or threat thereof, other than an act of piracy, committed for private ends
and directed against a ship or against persons or property on board such a ship, within
a State’s internal waters, archipelagic waters and territorial sea, or any act of inciting
or of intentionally facilitating an act described above.
Amendments to the Code of the MLC, 2006,
relating to Regulation 2.2
Standard A2.2 – Wages
Insert a new paragraph 7:
7. Where a seafarer is held captive on or off the ship as a result of acts of piracy or
armed robbery against ships, wages and other entitlements under the seafarers’ employment
agreement, relevant collective bargaining agreement or applicable national laws, including
the remittance of any allotments as provided in paragraph 4 of this Standard, shall continue
to be paid during the entire period of captivity and until the seafarer is released and duly
repatriated in accordance with Standard A2.5.1 or, where the seafarer dies while in captivity,
until the date of death as determined in accordance with applicable national laws or
regulations. The terms piracy and armed robbery against ships shall have the same meaning
as in Standard A2.1, paragraph 7.
STCMLC-2018-Amendments to MLC 2006-En.docx 12/24
13017/2020/CREW - DGS
Amendments to the Code of the MLC, 2006,
relating to Regulation 2.5 – Repatriation
Guideline B2.5.1 – Entitlement
Replace paragraph 8 by the following:
8. The entitlement to repatriation may lapse if the seafarers concerned do not claim it
within a reasonable period of time to be defined by national laws or regulations or collective
agreements, except where they are held captive on or off the ship as a result of acts of piracy
or armed robbery against ships. The terms piracy and armed robbery against ships shall
have the same meaning as in Standard A2.1, paragraph 7.
2 STCMLC-2018-Amendments to MLC 2006-En.docx