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The Consolidated Maritime Convention – ILO 188 [CONMAR]
The International Labour Organisation is presently putting the final touches to a resolution which will introduce a Convention on Maritime Labour Standards – which has been named ILO 188. The effect of this document [expected to become effective in September 2006] will have far reaching consequences for the entire shipping industry including commercial yachts.
The purpose of ILO 188 is to bring together into a consolidated text, many existing ILO documents and “improve the relevance of those standards to the needs of all the shareholders of the maritime sector”.
Included in the document are matters which are considered to be fundamental principles for seafarers. These include employment rights and social conditions including inter alia, appointment of a Ship’s Health Officer, guidelines on wages, hours of work, national insurance contributions, health, age restrictions, leave, accommodation standards and minimum sizes, food and catering requirements, recreational facilities, repatriation and other service conditions, medical care etc.
The flag state of the vessel will be required to inspect the vessel and ensure that it complies with all the requirements of ILO 188 before a “Maritime Labour Certificate [or MLC]” can be issued. The MLC will be valid for a period of 5 years subject to a mid-term inspection. Without the MLC, the vessel will be prevented from sailing until it is fully compliant. It will be the responsibility of Port State Control to ensure the vessel is compliant. It should also be noted that under the Convention, anonymity is granted to any one who complains under the social charter of the Convention’s “Victimisation” clause.
For the first time, definitions of a ship and seafarer are included. The definitions are a cause of concern to ship owners because a ship is now defined as any ship which does not navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply. While a seafarer is defined as any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies.
This means that the definitions will encompass smaller vessels which are presently outside the scope of various international legislation and include persons onboard even if they are not members of the crew but might be employed on passage repairs or cleaning operations etc. - thus such people will be entitled to equivalent terms, salary, social security protection conditions etc. as the crew members.
The EU has announced they intend to issue a Directive once the full assembly of the ILO give final approval, the Directive will require all EU Member States to adopt and implement the Convention with immediate effect and ratify the legislation.
For more information please contact: Patricia Slavin, Simcocks Yacht Management Limited, telephone: +44 (0)1624 670583 or email: pslavin@simcocksyachts.com
