The Maritime Labour Convention and Superyachts

Far reaching consequences are on the horizon for the whole shipping industry, including commercial yachts, with the ratification expected at the end of 2011 of the Maritime Labour Convention (MLC).

John Wade, Dominion Marine Technical Services Manager and former principal surveyor for the Isle of Man Ship Registry, explains: 

The MLC has major implications for both seafarers and ship owners. It will affect vessels from yachts to super tankers, their design, accommodation, floor areas and so on and will most certainly have a direct impact on employment.

Included in the Convention document are matters considered to be fundamental principles for seafarers.  These cover employment rights and social conditions, including among other things the appointment of a ship’s health officer, guidelines on wages, hours of work, national insurance contributions, health, age restrictions, leave, minimum sizes and standards for crew accommodation, food and catering requirements, recreational facilities, repatriation, medical care and so on.

There are also requirements in respect of recruitment and agencies supplying crew members.  For example agencies must not have 'lists intended to prevent or deter seafarers from gaining employment for which they are qualified’, that is to say no blacklists and also require that no fees or other charges are made to the seafarer for recruitment or placement.

The flag state of a vessel, including the Isle of Man, will be required to inspect the vessel and ensure it complies with all the necessary ILO requirements before a Maritime Labour Certificate can be issued.  Without the MLC any vessel over 500 gross tons will be prevented from sailing until it is fully compliant.

For the first time, definitions of a ship and seafarer are included but are a cause of concern to ship owners as they will encompass smaller vessels which are presently outside the scope of some international legislation.

Superyacht builders wil have to take in to account this new legislation for any new builds as from the end of 2011. The problems they will have will particularly be around floor area for crew accommodation.

Another major change means that every seafarer working on a commercial yacht will need to have a Seafarer’s Employment Agreement between themselves and the owner, or his or her representative. These SEAs will generate some interesting challenges to the ship owner and the seafarer.

The Convention wil be signed by the UK and extended to the Isle of Man and other red ensign registries such as the Cayman Islands. However, the Isle of Man authorities are working hard to ensure the new legislation is included in our Manx legislation in time for its ratification. This enhances the reputation of the Isle of Man and its Ship Registry as we can show that all of the new legislation is in place and that we take the rights of seafarers across the globe seriously.