Offshore Industry

(asked on 4th February 2015) - View Source

Question to the Department for Transport:

To ask the Secretary of State for Transport, what measure are in place to regulate compliance with (a) Article III(a) and (b) other Articles of the Maritime Labour Convention (MLC) 2006 on vessels contracted to work in the offshore of the Continental Shelf.


Answered by
John Hayes Portrait
John Hayes
This question was answered on 9th February 2015

Measures to regulate compliance with Maritime Labour Convention, 2006 (MLC) are contained within UK regulations transposing the Convention and in the Merchant Shipping (Port State Control) Regulations 2011 (Statutory Instrument 2601).

For ships flying the UK flag, the Articles of the MLC are enforced through the survey of the ship, review of the documentation required and issue of MLC certification (valid for maximum of five years) by the Maritime and Coastguard Agency and inspections of these ships are conducted twice in five years.

In particular, the provisions of Article III(a) are enforced through the review of Seafarer Employment Agreements (SEA). MCA guidance specifically states that an SEA that prohibits membership of a Trade Union would not be accepted as compliant with the MLC. A SEA must also include the conditions for termination of employment, and minimum notice period, which must not be less for the ship owner than for the seafarer.

In respect of ships flying a flag other than UK flag, when they are inspected in UK ports in accordance with procedures under the Paris Memorandum of Understanding and European Union directive on Port State Control, the valid MLC certificate and associated documentation on board is prima facie evidence that the ship is deemed to comply with the Convention. If the inspector finds that documents are not produced; are false or not complete; or that the working and living conditions on the ship are not in compliance with the relevant requirements of the Convention; or there is a complaint alleging specific non-compliance; then a more detailed inspection may be carried out.

The inspector shall bring any deficiencies found to the attention of the Master immediately with required deadlines for their rectification. If the conditions on board are clearly hazardous to the safety health or security of seafarers, or they constitute a serious or repeated breach of the requirements of the Convention, then the ship shall not be allowed to depart until the breaches have been rectified, or a rectification action plan is agreed.

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