News
01.08.13

Work Agreements Under The Maritime Labour Convention 2006

"The Maritime Labour Convention 2006 (MLC) has changed the rules when it comes to providing seafarers with decent living and working conditions while onboard ships at sea. The MLC places a requirement on shipowners to bear the responsibility for the working conditions of seafarers' and expands on seafarers' entitlements and the rights of shipowners. The MLC also changes the definition of seafarer to include the master of the vessel. This means that the content of articles of agreement is no longer sufficient for shipowners and seafarers to maintain compliance with the MLC. The work agreement is a modernised version of articles and includes more information that is relevant to both the shipowner and the seafarer in fulfilling all of their obligations under the MLC." The Work Agreement does not replace your industrial instrument, it just makes reference to it.

Under Regulation 2.1 (4) of the MLC, the Work Agreement will contain the following particulars:

(a) the seafarer's full name, date of birth or age, and birthplace;

(b) the shipowner's name and address;

(c) the place where and date when the seafarers' employment agreement is entered into;

(d) the capacity in which the seafarer is to be employed;

(e) the amount of the seafarer's wages or, where applicable, the formula used for calculating them;

(f) the amount of paid annual leave or, where applicable, the formula used for calculating it;

(g) the termination of the agreement and the conditions thereof, including:

(i) if the agreement has been made for an indefinite period, the conditions entitling either party to terminate it, as well as the required notice period, which shall not be less for the shipowner than for the seafarer;

(ii) if the agreement has been made for a definite period, the date fixed for its expiry; and

(iii) if the agreement has been made for a voyage, the port of destination and the time which has to expire after arrival before the seafarer should be discharged;

(h) the health and social security protection benefits to be provided to the seafarer by the shipowner;

(i) the seafarer's entitlement to repatriation;

(j) reference to the collective bargaining agreement, if applicable; and

(k) any other particulars which national law may require.

Please find attached AMSA fact sheet on the changes and a copy of the AMSA template of the Work Agreement; that Members will now be required to sign on joining a vessel.