On Thursday 23rd March, Lou Mitchell Yacht Manager, attended the Nautilus International MLC Seminar, the aim of which was to discuss the amendments that entered force on 18th January 2017.
Although these amendments entered into force in 2017, they are referred to as Amendments of 2014 to the MLC, 2006.
West Nautical are strategic partners of Nautilus International, and as such recognise that officers and crew within the large yacht sector are able to benefit from the legal, welfare, advisory and collective benefits that Nautilus International membership provides. We were delighted to have been invited to their seminar, and endorse the services, of which further information can be found here.
The amendments concern providing financial security for the seafarer, on two fronts. The first being in the event of seafarers being abandoned and the second being to assure compensation in the event of a contractual claim.
Abandonment is defined as:
A seafarer is considered abandoned, in violation of MLC and SEA, when the shipowner:
- fails to cover the cost of the seafarer’s repatriation;
- has left the seafarer without the necessary maintenance and support; or
- has otherwise unilaterally severed their ties with the seafarer including failure to pay contractual wages for a period of at least two months.
Contractual claim is defined as:
- Any claim which relates to death or long term disability of seafarers due to an occupational injury, illness or hazard as set out in national law, the seafarers’ employment agreement or collective agreement.
MLC compliant vessels must now carry on board a certificate, or other documentary evidence of financial security against abandonment and contractual claims, issued by the financial security provider.
The next set of amendments have already been tabled, and are referred to as the Amendments of 2016. These amendments, if brought into force in January 2019, will add harassment and bullying as an implication to a seafarers’ health and safety and allow the Maritime Labour Certificate to be extended by 5 months after a renewal inspection, if a certificate cannot be immediately issued.
The seminar also provided ideas as to the areas the future updates may focus. These included; equality issues, study leave, trainee accommodation, action on fatigue.
For further information, please contact our yacht management team at firstname.lastname@example.org