i-law

Maritime Labour Convention 2006

INDEX

INDEX

  • Carlton, Julie 215–37
  • Cayman Islands 135
  • Chamber of Shipping, UK 72–3
  • choice of law see Rome I; Rome II
  • compensation see wages and compensation
  • complaints procedures 55
    • on board complaint procedures 43–4, 67, 93–4, 173–5
      • impartial advice, provision of 174
      • procedure 174
      • purpose of procedures 173
      • subject matter of complaint 173
      • superyachts 94
      • victimization of complainant penalised 94, 174–5
    • onshore complaint procedures 43–4, 175–6
      • complaints of a general and individual nature 175
      • rectifying non-conformities 176
      • safeguarding confidentiality 175
      • subject matter of complaint 175
      • unresolved complaints 176
    • self-enforcement procedures, as 172–6
      • concept of continuity of ‘compliance awareness’ 172
  • Court of Justice of the European Union (CJEU)
    • AETR agreement as part of Community law 9–10
    • consistent interpretation, principle of 10–11
      • Council decision to authorize ratification, effects of 11
    • ‘course of trade’, meaning of 70
    • duty of loyal cooperation
      • Member States unable to assume o bligations interfering with EU rules 8
      • principle of uniform external representation, and 5
      • restrictions on treaty making powers of Member States 5, 8
    • employment contracts 191–4, 203
    • EU competence exercised through Member States acting in EU’s interests 5
      • guided by duty of loyal cooperation 5–6
    • EU measures covering subject matter of international agreement, effect of 4
    • implementation, principle of, 10
    • implied external powers, doctrine of 3
    • MLC in EU legal order, status and effects of 11–12, 17
    • obligations to ratify 6
    • proportionality, principle of 13, 14
      • central element of EU law and practice 14
    • subsidiarity principle, judicial function of 13–14
  • crew see seafarers
  • crewing insurance under the MLC 95–116
    • applicable law and jurisdiction 102
    • foundering 112–13
    • health protection 110–12
    • insolvent insureds 109
    • insurable interest 100–1
    • joint or composite policies 101–2
    • jurisdiction in matters relating to insurance 105–8
    • legal framework and character of the policy 98–100
    • MLC
      • insurance, and 95–6
      • precursors of MLC 111
    • repatriation 108–10
    • rights of seafarers to claim directly under the policy in the UK 113–15
      • third party rights, overview 113
      • third party rights, 2010 Act on 115
      • risks policy should cover 108
      • Rome I and II and the employment contract 102–3
      • Rome I and II and the insurance policy 103–5
      • seafarers, definition of 97–9
      • what type of insurance
        • employer’s liability insurance 99–100
        • liability policies 100
        • marine insurance contracts 99
      • who is the insured 97
      • who is the insurer 96–7
  • disputes, jurisdiction in see jurisdiction and governing law in SEA disputes, determining
  • Doumbia-Henry, Dr Cleopatra 152
  • employment conditions of seafarers 26–30
    • accommodation see accommodation
    • clear information available as to conditions of employment 30
    • complaints procedures see complaints procedures
    • engaging and placing crew 25–6
    • fees and charges to seafarers prohibited 26
    • health and safety protection see under health
    • masters, engagement of see under shipmasters and the MLC
    • masters’ responsibilities see under shipmasters and the MLC
    • medical care see under health
    • minimum hours of rest/hours of work 34, 35, 57, 59, 85–8, 185
    • provisions, food and water 42–3
    • record keeping for each seafarer 32, 55–7
    • recreational facilities 62
    • repatriation see repatriation
    • safe manning levels see manning
    • SEA see Seafarers’ Employment Agreement (SEA)
    • shipboard working arrangements to be posted 32
    • social security protection 110, 178
    • termination 36–8
    • training and qualifications 33–4, 54, 60, 83–5
    • wages see wages and compensation
  • employment contracts 188
    • disputes, SEA see jurisdiction and governing law in SEA disputes, determining
    • Rome I 102–3, 201
    • Rome II 102–3
    • SEA see Seafarers’ Employment Agreement (SEA)
  • enforcement procedures of the MLC 151–80, 234–5
    • authorization of recognized organizations by competent authority 156–7, 159–60
      • assessing competency and independence of organizations 159–60
      • written agreement with the competent authority 160
      • competent authority 155–9
        • authorizing institutions to carry out inspections/issue certificates 156–7, 159–60
        • existing provisions amalgamated 154
        • on board complaint procedures 158
        • promoting effective cooperation between institutions and other bodies 157
        • qualified inspectors, appointing 157–8
        • reporting on inspection activities 158–9
        • states designating 155–6
    • flag state enforcement 155–9
      • competent authority 155–9
      • DMLCs see Maritime Labour Certificate and Declaration of Maritime Labour Compliance (DMLC)
      • establishing system for securing compliance 153–4
      • inspections 165–9
      • legal foundation of compliance and e nforcement 153
      • Member States obligation to enforce MLC provisions 153
    • inspections by flag state 165–9
      • complaint investigation 166
      • inspectors’ guidelines 166
      • inspectors’ training and experience 166–7
      • powers of inspectors 167–8
      • records and reports of inspections 168–9
      • rectification of deficiencies 168
      • requirement for regular inspections 165–6
      • role of inspectors 167
    • labour-supplying responsibilities 176–9, 235
      • recruitment and placement services 176–8
      • shipowners’ social security obligations 178
    • ‘no more favourable treatment’ clause 153–4, 235
    • port State enforcement 169–72, 222
    • self-enforcement procedures 172–6
      • on board complaint procedures 173–5
      • onshore complaint procedures 175–6
  • engaging crew 25–6
  • see also employment conditions of seafarers
  • European Community Shipowners’ Associations (ECSA) 13, 135
  • European Transport Workers’ Federation (ETF) 13, 135
  • European Union (EU)
    • agreements 2
    • choice of law see Rome I; Rome II
    • CJEU see Court of Justice of the European Union (CJEU)
    • competences
      • EU competence exercised through Member States acting in EU’s interests 5
      • exclusive competences 2–3, 5, 9
      • implied exclusive external powers 3
      • Member States free to exercise joint c ompetence if EU exercised 2–3
      • MLC 2
      • obligations to ratify 6
      • shared competences 2–3, 5
    • Council decisions, nature of 6
    • disputes, SEA see jurisdiction and governing law in SEA disputes, determining
    • duty of loyal cooperation 4–5
      • Member States acting in EU’s interests 5, 7–8
      • nature of 4
      • responsibility towards the EU 7
      • responsibility towards third States 7
      • restrictions on treaty making powers of Member States 5
    • employment contracts 188
    • equality and non-discrimination as f undamental principle 11
    • EU Charter of Fundamental Rights (EUCFR) 11–12
      • ILO standards influencing 11
    • freedom of movement and services 2, 3
    • ILO, role in
      • observer, presence as 5–6
      • unable to be a Contracting party 1, 6
    • IMO conventions, ratifying 9
    • implied external powers, doctrine of 3
      • minimum standards 4
    • insurance
      • applicable law and jurisdiction 102
      • insurance under the MLC 99
      • Jurisdiction Regulation 105–8
      • Rome I and II 103–5
    • intellectual property and copyright 10
    • internal consultation processes between EU and Member States 5
    • Jurisdiction Regulation see Jurisdiction Regulation
    • maritime labour, regulation of 3
      • coinciding with/based on ILO standards 3
      • duty of abstention 4
      • minimum standards 3–4
    • Member States acting jointly in interest of the Union 5–11, 135, 236
      • encouraging or authorizing ratification, choice between 9
      • Member States authorized to ratify agreements in interests of the EU 6
      • Member States unable to bind Union under international law 6
      • obligation to ratify, criteria determining 6
      • obligation to ratify, justification for 7
      • ratification by Member States, effects of 7–8, 11
      • ratified agreement part of EU legal order 8–9, 11
      • MLC, in see Maritime Labour Convention in the EU
      • proportionality, principle of 13–14
      • recreational craft 72
      • ‘sheltered waters’ meaning of 71–2
      • social policy 12–13
        • representative democracy and participation in social field 12–13
        • social partners, consultation with 13
      • social security
        • coordination of social security schemes 2
        • ensuring social security systems not obstacle to free movement of workers 2
        • non-EU nationals legally residing in an EU country 2
        • rights of EU nationals 2
      • seafarers see under seafarers
      • social rights/objectives 3
        • maritime sector excluded 3
      • subsidiarity, principle of 13–14
      • uniform external representation, principle of 5
  • foundering or loss
    • compensation for loss or foundering 59, 131
      • masters and seafarers’ entitlement to 59, 131, 143
      • piracy, as a result of 143–5
    • insurance 113
    • loss of a vessel
      • meaning of 113, 143
      • piracy, as a result of 143–4
      • ransom, inability to pay 144
  • France 106
  • Germany 105–6
  • governing law, SEA see jurisdiction and governing law in SEA disputes, determining
  • Greece 135
  • health
    • health and safety protection 110–12
      • accident prevention 65
      • death or long term disability 111
      • occupational safety and health 65
    • hospital accommodation 62
    • medical care 63–6, 110, 145–8
      • aboard and off-shore 64–5
      • capture by pirates, after see under modern piracy and seafarers
      • concealed illnesses 112
      • dependents’ medical care 65
      • EU legislation 4
      • injury or sickness due to misconduct 112
      • master’s duties 64
      • medical advice by radio/satellite 65
      • on board physicians 65
      • repatriation, until after 145
      • shipowner liable until seafarer fit to travel 143
      • shipowner’s obligations 145–7
      • wages payable during periods of sickness and injury 146–7
    • medical certificates and examinations 32–3, 54
    • medical stores 40–2
  • increased seafarer protection under the MLC see under seafarers
  • industrial action 198–9, 206–8
  • insurance
    • abandonment see seafarer abandonment insurance
    • crewing insurance see crewing insurance under the MLC
    • kidnap and ransom insurance 141
  • International Chamber of Commerce 138
  • International Council of Marine Industry A ssociations (ICOMIA) 90
  • International Group of P&I Clubs 110, 122, 124
  • International Labour Conference 74, 75, 152
  • International Labour Office 73, 75
  • International Labour Organization (ILO) 47, 222
    • EU
      • observer, presence as 5–6
      • unable to be a Contracting party 1, 6
    • ILO/IMO Expert Working Group on seafarer abandonment 119–20
    • ILO/WHO guidelines on medical fitness examinations 33
    • instruments adopted 21
    • international supervisory system 154–5
    • Joint Maritime Commission 57, 73
    • Malta 19
    • MLC adopted 21
    • Office 154
    • recommendations consolidated by MLC 1, 47
    • resolutions 75
    • seafarers’ working times 4
  • International Maritime Bureau (IMB) 138
  • International Maritime Organisation (IMO) 7
    • abandonment
    • Guidelines on authorizing organizations 156
    • inspection and certification regimes 219
    • maritime safety conventions 9
    • training requirements 84
  • International Seafarers’ Welfare and Assistance Network (ISWAN) 73
  • Joint Maritime Commission 57, 73
  • jurisdiction and governing law in SEA disputes, determining 181–213
    • choice of law/governing law 200–12
      • contractual obligation under Rome I 182, 201
      • freedom of choice 201, 211–12
      • individual employment contracts 201–4
      • industrial action under Rome II 206–8
      • non-contractual obligations under Rome II, 182, 204–5
      • pre-contractual dealings (culpa in contrahendo) 208–10
      • tort 205–6
    • industrial action 198–9, 206–8
    • jurisdiction/Jurisdiction Regulation 182, 189–200
      • Arts 22 and 23, jurisdiction under 196–8
      • contracts of employment, matters relating to 190–1
      • general rule 189
      • industrial action 198–9
      • insurance 105–8
      • jurisdiction agreements (Art 21) 196
      • prorogation of jurisdiction 199–200
      • seafarer v shipowner in SEA disputes 192–5
      • shipowner v seafarer in SEA disputes 195–6
    • recruitment services as employers 186–7
    • seafarers as employees 184–5
    • seafarers’ employment agreements as individual contracts of employment 188–9
    • shipowners as employers 185–6
    • terms of art 183–9
  • Jurisdiction Regulation 182, 189–200
    • Arts 22 and 23, jurisdiction under 196–8
    • contracts of employment, matters relating to 190–1
    • general rule 189
    • industrial action 198–9
    • insurance 105–8
    • jurisdiction agreements 196
    • prorogation of jurisdiction 199–200
    • SEA disputes
  • leave
    • justified absences 36
    • leave, entitlement to 35–6
      • paid leave 58
    • shore leave 66
  • Liberia 135
  • Lloyd’s of London 99
    • abandonment insurance 132–3
    • definition of ‘sheltered waters’ 71
    • reserves 100
  • loss or foundering see foundering or loss
  • Malta 19–45
    • applicability of 1973 Act and of 2013 Rules 22–4
      • aim of Rules 23
      • applying to all sea-going registered ships 22
      • exemptions/exclusions 22–3
      • Guidelines 23
      • interpretation and ambiguities 23–4
      • agreements with seafarers, content of 30–1
        • parties agreeing own lawful terms and conditions 30
        • requirements 30–1
        • seafarer’s details/terms of employment 30
        • signing the SEA 30
        • voyage duration 31
        • wages and hours of work 35
      • employment of seafarers, conditions of 26–30
        • Agreement with the Crew 26–30, 38–9
        • current rules on engagement and duties of masters 29
        • current rules on engagement of seafarers 26–7
        • historic treatment of masters 29
        • increased burden on shipowners and m asters 30
        • master’s engagement and responsibility 29–30
        • masters/shipowners’ obligations in respect of the SEA 28
        • SEA 27–30
      • ILO conventions, ratification of 19, 24
        • ratification and transposition of MLC 19, 21, 22, 24
      • MLC
        • Maltese law, and 21–2
        • material changes brought in by the MLC 24–5
      • overview of Maltese shipping legislative f ramework 20–1
      • seafarers
        • accommodation 43
        • additional protection for seafarers between 16 and 18 years 31–2, 42
        • agreements with seafarers, content of 30–1
        • complaints procedures, on-shore and on-board 43–4
        • employment of seafarers, conditions of 26–30
        • engaging and placing crew 25–6
        • employment agencies 25
        • justified absences 36
        • leave entitlement 35–6
        • medical certificates and examinations 32–3
        • medical stores 40–2
        • minimum age for seafarers 31–2
        • minimum hours of rest 34
        • minimum wage and overtime 34–5
        • protection of seafarers’ employment rights 26
        • provisions and water 42–3
        • record of seafarers’ daily hours of rest to be maintained 32
        • repatriation 38–40
        • shipboard working arrangements to be posted 32
        • termination 36–8
        • training and qualifications 33–4
        • shipping registry 19
        • successful and reputable flag of choice 19
  • manning 81–5
    • competent authority, role of 59, 81
    • duty of masters 60
    • duty of owners or managers 60
    • matters to be taken into account in d etermining safe levels 59, 81–5
    • safe manning levels manning 59, 81–5
    • seafarer fatigue 59–60, 81
    • yachts 82–5
  • manning agents 127–8
  • Maritime and Coastguard Agency (MCA)
    • establishment 215
    • functions 215
    • implementing the MLC 71, 215, 222–34
    • MLC provisions
      • application of MLC 71
      • complaint procedures 94
      • crew accommodation 88–93, 225
      • financial security 109
      • guidance on 218, 232
      • hours of work and rest 85–7
      • manning 81–5
      • national law covering most MLC minimum standards 185, 218, 223
      • on board complaints procedure 94
      • SEAs 79–80
      • ‘shipowner’, definition of 76–8
      • training and qualification requirements 84
      • yachts 90–1, 225, 229
    • negotiations leading to adoption of MLC, involvement in 216
    • ratification of MLC
      • advantages 217
      • legal status quo, effect on 222
      • preparing for 135, 215–7
  • Maritime Labour Certificate and Declaration of Maritime Labour Compliance (DMLC) 48, 76, 153, 160–5, 232–4
    • cease and withdrawal of certificates 165
    • databases 234
    • duration and renewal 162
    • financial security, proof of 112
    • form and content 163–4
    • fraudulent certificates 233–4
    • inspecting and certifying ships 153, 155
    • interim certification 162–3
    • ships required to carry 160
    • ships requiring certification 161
    • working and living conditions of seafarers to be inspected 161
  • Maritime Labour Conference 220
  • Maritime Labour Convention (MLC) 1, 3
    • amending 222
    • consolidating previous instruments 1, 121, 151, 218–9
    • drafting 152
    • enforcement procedures see enforcement p rocedures of the MLC
    • EU see Maritime Labour Convention in the EU
    • future 134
    • human rights 42
    • insurance see insurance
    • ISM Code, and 227–8
    • objectives 47, 121–2, 151–2
    • ratification and implementation 134–6
    • rights of seafarers, masters and owners 47–8
    • see also seafarers; shipmasters; shipowners
    • ships and vessels
      • application of MLC to 69–70
      • ‘competent authority’ 72–3
      • definition of ‘ship’ 70–1
      • determining whether particular ship/class of vessels covered 72
      • inland or sheltered waters 71–2
      • yachts 69–72
      • see also yachting and the MLC
      • transparency and fairness, introduction of concepts of 30
    • underlying purpose of MLC 21
    • yachting see yachting and the MLC
  • Maritime Labour Convention in the EU 1–17
    • disputes, SEA see jurisdiction and governing law in SEA disputes, determining
    • EU ensuring coordinated position of Member States in MLC negotiations 1, 5–6
    • EU and Member States competences in areas covered by the MLC 2–5
      • duty of loyal cooperation 4–5
      • EU’s exclusive competence limited to social security schemes 2, 6, 7
      • importance of coordination at all stages 5
      • MLC covering issues on which EU has provided minimum standards 4, 6
      • shared competences in social rights 2, 3, 6
    • EU Member States acting jointly in interest of the Union 5–11, 135, 236
      • Member States bound by duty of c ooperation to act in EU’s interests 8
      • Member States ratifying in interests of the Community 6
      • Member States unable to support a mendments without EU agreement 8
      • obligation to ratify, criteria determining 6–7
      • ratification by Member States, effects of 7–8, 11
      • ratified agreement part of EU legal order 8–9, 11
    • MLC in the EU legal order, status and effects of 11–12, 17, 135
    • transposition into EU law: Directive 2009/13/EC (Titles 1 to 4 MLC) 12–17, 40, 135, 236
      • consultation with social partners 13
      • ECSA-ETF Agreement on the MLC 13, 135
      • enforcement: proposed Directives on port and flag State responsibilities under Title 5, MLC 14–17, 21–2
      • Member States to enact provisions to comply with Directive 22
  • masters see shipmasters
  • medical care see under health
  • modern piracy and seafarers 137–50
    • compensation of seafarers for loss or f oundering 143–6
      • compensation for ill-effects of capture 144, 145
      • meaning of loss of a vessel 143–4
      • ransom, inability to pay 144
    • medical care aboard and ashore 145–8
      • medical expenses for injury until after r epatriation 145–6
      • mental health 145–7
      • wages payable during periods of sickness and injury 146–7
    • ransom payments
      • crews, for 137–9
      • economic sanctions preventing payment 144
      • inability to pay 138, 144
      • insurance for 141
    • repatriation of seafarers 140–3
      • compensation for working in high risk areas 142
      • costs of repatriation 142
      • entitlement to repatriation 141–2
      • seafarer no longer able to carry out duties 140–1
      • shipowner’s failure to meet obligations 141
      • right to repatriation after contract of employment has expired 140
      • war zones 142
    • seafarers’ wages 138–40, 148
      • contracts of employment expiring during captivity 139–40
      • fair treatment, requirement of 139
      • repatriation 142
      • whether due after capture 138–9
    • Somali piracy, problems growing from 137–8
  • MYBA 73, 90
    • Worldwide Yachting Association Charter A greement 70, 77, 83–4, 88
  • Nautilus International 73
  • Norway 135
  • owners see shipowners
  • P&I clubs 122–4
  • Panama 135
  • Philippines 134
  • piracy see modern piracy and seafarers
  • Plimsoll, Samuel 50
  • Professional Yachtsmen’s Association (PYA) 73, 90
  • provisions, food and water 42, 63
  • ransom payments see under modern piracy and seafarers
  • record keeping for each seafarer 32, 55, 56, 57
  • recreational facilities 62
  • recruitment agencies 25–6, 54–3, 176–8, 222
    • recruitment services as employers 186–7
  • repatriation 55, 140–3, 148–9
    • capture by pirates, after 140–3
      • compensation for working in high risk areas 142
      • costs of repatriation 142
      • entitlement to repatriation 141–2
      • medical expenses for injury until r epatriation 145
      • seafarer no longer able to carry out duties 140–1
      • shipowner’s failure to meet obligations 141
      • right to repatriation after contract of employment has expired 140
      • war zones 142
    • costs of 125–6, 142, 145
    • destinations for repatriation 58
    • entitlement to repatriation at owner’s expense 38–9, 58, 108–9, 125–6, 141–2
    • expiry of contract of employment, right to repatriation after 140
    • insurance for 108–10, 125–6
    • loss of entitlement to repatriation at owner’s expense 40
    • medical expenses for injury until after r epatriation 145
    • seafarer no longer able to carry out duties 140–3
    • shipowners
      • failure to meet obligations 40, 109, 141
      • financial security provision 39, 58, 95–6, 98, 108–11, 120, 125–6
      • see also insurance
    • third party effecting repatriation 40, 58, 141
    • wages payable until repatriation 125, 142, 146
  • Rome I
    • application 201
    • employment contracts 102–3, 201–4
    • insurance policies 104, 201
    • parties’ freedom to choose applicable law 202
    • scope 201
  • Rome II
    • application 204
    • general rule 205
    • industrial action 206–8
    • insurance policies 104–5
    • non-contractual obligations, concept of 204–5
    • pre-contractual dealings (culpa in contrahendo) 208–10
    • scope 205
    • tort 205–6
  • Royal Yachting Association (UK) 73
  • Russia 134
  • seafarer abandonment insurance 117–36
    • abandonment, consequences to crew of 117–18
    • covered losses 125–8
      • seafarers’ repatriation rights 125–6
      • burden of providing financial security 127–8
    • evidence of cover 125
    • example insurance solution: CrewSEACURE 129–33
    • historical perspective 118–19
    • ILO/IMO Expert Working Group on seafarer abandonment 119–20, 122
    • IMO resolution A. 930(22) 120–1, 124–6
    • insurance solution 122–5
      • conclusion 133–4
      • difficulties for P&I clubs in providing f inancial security to crew 122–4
      • pre-requisites for insurance solution within MLC framework 124–5
      • trigger 124–5
    • Lloyd’s of London, solution in 132–3
    • MLC
      • future 134
      • objectives 121–2
      • ratification and implementation 134–6
    • other considerations 128–9
  • seafarers
    • employees, as 184
    • EU legislation 6, 12
      • medical care on board ships 4
      • occupational health and safety 4
      • social partners’ agreement on seafarers’ working times 4, 12, 14
      • social rights 2
    • increased protection for seafarers under MLC 26
      • accommodation see accommodation
      • clear information available as to conditions of employment 30
      • communication facilities on board 65
      • compensation for loss or foundering 59, 113, 143–5
      • complaints procedures see complaints procedures
      • conditions of employment of crew 26–30
      • consular protection 66
      • death or long term disability, financial s ecurity for 111–12
      • engaging and placing crew 25–6
      • health and safety protection see under health
      • hospital accommodation 62
      • fees and charges to seafarers prohibited 26
      • justified absences 36
      • leave see leave
      • master placed at par with other seafarers 30, 50, 53
      • medical care see under health
      • medical certificates and examinations 32–3, 54
      • medical stores 40–2
      • minimum age for seafarers 31–2, 54, 185
      • minimum hours of rest/hours of work 34–5, 57, 59, 85–7, 185
      • minimum wage and overtime 34–5, 56–7
      • more efficient, adequate, accountable s ystem for finding employment 26
      • noise 43, 61–2
      • personal safety 85
      • provisions, food and water 42, 63
      • record keeping for each seafarer 32, 55–7
      • recreational facilities 62
      • recruitment/recruitment agencies, system for 25–6, 54–5, 176–8, 222
      • religious accommodation 62
      • repatriation see repatriation
      • safe manning levels see manning
      • SEA see Seafarers’ Employment Agreement (SEA)
      • shipboard working arrangements to be posted 32
      • social security and welfare protection 110, 110–11, 178
      • termination 36–8
      • training and qualifications 33–4, 54, 60, 83–5
      • wages see wages and compensation
      • welfare facilities, shore-based 66
      • yachting see yachting and the MLC
      • young seafarers (16–18), additional p rotection for 31–2, 42, 54
    • insurance see insurance
    • manning see manning
    • masters see shipmasters and the MLC
    • meaning of ‘seafarer’ 73–5, 97–8, 184–5, 220–1
      • determining whether a person is a seafarer for MLC purposes 74–5
      • excluding persons from definition of s eafarer 74–5, 221
      • guidance on application of definition of seafarer 74–5
      • notifying determinations of definition 75
      • personnel covered 73–4
      • wide definition 98
    • piracy, and see modern piracy and seafarers
    • SEA see Seafarers’ Employment Agreement (SEA)
    • yachting see yachting and the MLC
  • Seafarers’ Employment Agreement (SEA) 20, 27–30
    • bespoke SEAs for commercial yachting 80
    • contents of the agreements 30–1, 78
    • deficiencies in SEA, shipowner responsible for 29
    • definition 27–8, 188
    • disputes arising see jurisdiction and governing law in SEA disputes, determining
    • duty to ensure seafarer understands the SEA 29–30
    • harmonization of minimum standards 28
    • hours of work and wages 35
    • including contract of employment and ship’s articles of agreement 27, 28
    • individual contracts of employment, and 188
    • masters, engaging 29
    • master’s responsibility to ensure SEA signed with seafarer 29–30
    • minimum SEA in MLC 28
    • parties agreeing own lawful terms and c onditions 30
    • repatriation after expiry/termination of SEA 39
    • requirements 28
    • responsibility on shipowners for working c onditions of seafarers 28
    • right not to be discriminated against 78
    • seafarer’s details/terms of employment 31
    • shipowner, identification of 76
    • signing the SEA 30
    • termination provisions 37
    • time to examine the SEA 80
    • voyage duration 31
  • Seafarers International Research Centre (SIRC) 84
  • shipmasters and the MLC 47–68
    • accommodations, recreational facilities and catering (Title 3) 61–3
      • accommodation requirements 61–2
      • communication facilities 62
      • food and catering 63
      • hospital accommodation 62
      • inspection for compliance 62
      • noise 61–2
      • recreational facilities 62
      • religious accommodation 62
    • competence of master 84–5
      • local knowledge 85
    • conditions of employment (Title 2) 55–60
      • compensation for loss or foundering 59
      • hours of work and rest 57, 59, 87
      • paid leave 58
      • record-keeping 56–7
      • repatriation 58–9
      • safe manning levels 59–60
      • training and development opportunities 60
      • wage administration 56–7
      • written employment agreements 56
    • consolidating primacy and protection of master in command 48
      • importance of masters 49
    • duties of masters 50–3
      • accommodations, recreational facilities and catering (Title 3) 61–3
      • compliance and enforcement (Title 5) 66–8
      • conditions of employment (Title 2) 55–60
      • health protection, medical care, welfare, and social security (Title 4) 63–6
      • minimum requirements for seafarers to work on a ship (Title 1) 54–5
    • health protection, medical care, welfare, and social security (Title 4) 63–6
      • consular protection 66
      • health and safety protection 65–6
      • medical care 64–5
      • shore-based welfare facilities 66
      • shore leave 66
    • licence or certificate, requirement of 52, 66
    • master’s engagement and responsibility 29–30, 67
      • Competent Authority Afloat, master as 51–3, 55
      • decisions, right to make 52–3
      • duties, nature of 50–3
      • enforcing rights/performing duties under flag State law 50–3
      • express and implied rights and duties 50, 53
      • international maritime law affecting the master 51
      • legal responsibilities of master, general 48
      • ministerial authority afloat 53
      • position of masters historically 50
      • relationship with flag State and with owner 50–3, 57, 67
      • rights and duties as a seafarer 30, 50, 52
      • safety of the vessel, maintaining 52
    • minimum requirements for seafarers to work on a ship (Title 1) 54–5
      • complaint system 55
      • medical requirements 54
      • preservation of life 54, 61
      • record keeping 55–7
      • recruitment and placement 54–5
      • training and qualifications 54
      • underage labour 54
    • SEAs
      • ensuring SEA signed with seafarer 29–30
      • increased burden from 30
      • obligations in respect of 28–30
      • shipowners, and 29, 42
  • shipowners
    • benefits from MLC 219–22
    • definition of ‘shipowner’ 76–8, 185–6
    • employers, as 185–6
    • insurance see insurance
    • masters, and 29, 41, 67
      • appointing suitable masters 84–5
      • masters as employees-at-will 50, 51
    • SEAs
      • disputes see jurisdiction and governing law in SEA disputes, determining
      • increased burden from 30
      • obligations in respect of 28
    • seafarers, and
      • health protection 110
      • hours of work and rest 87–8
      • manning levels, duty to ensure safe 60
      • medical examinations of seafarers 33
      • medical stores 40
      • provisions and water 42–3
      • repatriation see repatriation
      • responsibility on shipowners for working conditions 28
      • social security protection obligations 178
      • termination of crew 28, 36–8
      • training and qualifications of seafarers, responsibilities for 33–4
      • upholding seafarers’ rights 219
      • verifying age of seafarers 32
  • social security and welfare protection 110–12
    • EU 2
    • shipowners’ obligations 178
  • Somali piracy see under modern piracy and seafarers
  • Superyacht Builders Association (SYBAss) 90
  • Superyacht UK 73
  • superyachts see yachting and the MLC
  • United Kingdom
    • Chamber of Shipping 72–3
    • commercial activities, meaning of 70
    • ILO Conventions, ratified 217
    • MLC see under Maritime and Coastguard Agency (MCA)
    • ‘inland waters’, definition of 71
    • insurance
      • direct actions only where insured insolvent 105
      • foundering 112–13
      • insolvent insureds 109–10
      • insurable interest 100–1
      • insurers 96–7
      • joint or composite policies 101–2
      • jurisdiction 105–8
      • legal framework 98
      • marine insurance contracts 99
      • rights of seafarers to claim directly under the policy 113–15
      • third party rights, overview 113–15
      • third party rights, 2010 Act on 113–14
    • jurisdiction in matters relating to individual contracts of employment 189–90
    • labour-supplying States, as 236
    • MCA see Maritime and Coastguard Agency (MCA)
    • piracy causing loss of a ship 143–4
    • ‘pleasure vessel’, definition of 70
    • risk assessments and safety policies 83
    • ‘sheltered waters’ meaning of 72
    • ‘shipowner’, meaning of 76–7
    • ‘yachts’, meaning of 71
  • United States
    • MLC ratification 135
    • ransom payments 144
  • wages and compensation 220
    • compensation for ill-effects of capture 144, 145
    • compensation for loss or foundering 59, 113
      • masters and seafarers’ entitlement to 59, 113, 143
      • piracy, as a result of 143–5
    • compensation for working in high risk areas 142
    • minimum wages and overtime 34–5, 56–7
    • paid leave 58
    • pirates, capture of seafarers by 138–40, 148–9
      • contracts of employment expiring during captivity 139–40
      • fair treatment, requirement of 139
      • repatriation 142, 145
      • whether wages due after capture 138–9
      • repatriation, wages payable until 125, 142, 145
      • sickness and injury, during periods of 146–7
      • wage administration 56–7
  • yachting and the MLC 69–94
    • complaint procedure 93–4
    • crew accommodation 88–93
    • employment 78–81
      • bespoke SEAs for commercial yachting 80
      • particulars in SEA 78
      • right not to be discriminated against 78
      • time to examine the SEA 80–1
    • hours of work and rest 85–8
      • commercial yachts 87–8
      • duties of seafarer 87
      • reasonably practical steps required 87
    • manning 81–5
      • competent authority, role of 59, 81
      • duty of masters 60
      • duty of owners or managers 60
      • matters to be taken into account in determining safe levels 59–60, 81–3
      • seafarer fatigue 59, 81
      • yachts 82–5
    • MLC
    • ‘pleasure vessel’, UK definition of 70
    • professional bodies for yachting 72–3
    • seafarers 73–5
      • determining whether a person is a seafarer for MLC purposes 74–5
      • excluding persons from definition of seafarer 74–5
      • guidance on application of definition of seafarer 74
      • notifying determinations of definition 75
      • personnel covered 73–4
    • shipowners 76–8

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