The 2018 MLC Amendments Enter into Force

The 2018 amendments to the MLC will require Seafarer Employment Agreements (SEAs) to continue to have effect, with wages and other entitlements continuing to be provided, while seafarers are held captive on or off the vessel due to piracy or armed robbery.

Most SEAs in use today cover seafarers from when they leave their home (or at the very least their country of residence) until they return. It follows that under such SEAs, seafarers are entitled to the contractual benefits for that entire period, even if they are no longer on board the vessel but have been taken captive. In that sense, these contracts may already comply with the new requirements.

However, as we saw with the original roll-out of the MLC, it is difficult to predict what each Flag and Port State will require in practice and how they will address enforcement. There is a risk that local officials inspecting the vessel may not properly understand the terms of the applicable SEA or may require a clause specifically addressing the 2018 amendments.

Therefore, Members should carefully review any SEA for compliance with the 2018 amendments and may wish to consider including the below suggested IBF clause (or similar clause addressing the 2018 amendments) into all SEAs going forward. This should help demonstrate to local inspecting officials that the agreements comply with the amendments when they enter force. Members should also ensure there are no provisions in any SEA which contradict the requirements of the 2018 amendments.

We understand that these amendments do not require any changes to the MLC certificates issued by the Club.

Suggested IBF Clause:

“In case a seafarer may become captive or otherwise prevented from sailing as a result of an act of piracy or hijacking, irrespective whether such act takes place within or outside IBF designated areas referred to in this Article, the seafarer’s employment status and entitlements under this Agreement shall continue until the seafarer’s release and thereafter until the seafarer is safely repatriated to his/her home or place of engagement or until all Company’s contractual liabilities end. These continued entitlements shall, in particular, include the payment of full wages and other contractual benefits. The Company shall also make every effort to provide captured seafarers, with extra protection, food, welfare, medical and other assistance as necessary”