The 2006 Maritime Labour Convention - an update on the 2022 amendments and future amendment proposals

On 13 May 2022, the fourth meeting of the International Labour Organization’s (ILO) Special Tripartite Committee proposed what are now known as the 2022 amendments to the Maritime Labour Convention (MLC) 2006.

The amendments were approved at the 110^th session of the International Labour Conference in June 2022 and came into force internationally on 23 December 2024.

A full copy of the amendments is attached to this article as Appendix 1.

The latest version of the MLC, including the 2022 amendments, is available here.

2022 Amendments

A total of 14 amendments have been made to the MLC across a wide range of topics. Although none of these amendments change the way the Club issues MLC Certificates to Members, they remain of general interest to Members and may assist in the handling of future claims and Port State Control (PSC) inspections.

The Club has summarised all the amendments below for Members’ reference, including the background of the changes.

Standard A1.4 – Recruitment and placement

Where MLC member states have established a system of protection for the failure of seafarer recruitment or placement services under Standard A1.4, they must also now, under Paragraph 5(c)(vi) ‘…ensure that seafarers are informed, prior to the process of engagement, of their rights under that system’.

This amendment seeks to ensure that seafarers are fully aware of their employment rights and protections prior to engaging with a new employment relationship.

Standard A2.5.1 – Repatriation

Under Paragraph 9 of Standard A2.5.1, MLC member states must now ‘…facilitate the prompt repatriation of seafarers’. This has been particularly emphasised to apply in situations where the seafarers have been abandoned.

The new paragraph also requires that “Port States, flag States and labour-supplying States shall cooperate to ensure that seafarers engaged on a ship to replace seafarers who have been abandoned in their territory, or on a ship flying their flag, shall be accorded their rights and entitlements under this Convention.”

This change seeks to tackle an often-encountered problem; where seafarers’ repatriations are delayed due to avoidable administrative issues with local authorities. These problems can be particularly acute where clubs are actively attempting to repatriate abandoned seafarers. The process can occasionally be held up by the local governmental frameworks or processes, appearing to be unduly rigid. For example, they may require the (potentially insolvent) employing company to sign an exit visa or may request a new crew be deployed on the vessel prior to giving the former crew permission to leave.

Standard A3.1 – Accommodation and recreational facilities

Paragraph 17 of Regulation 3.1 now clarifies that the requirement to provide ‘appropriate seafarers’ recreational facilities, amenities and services’ includes facilities, amenities and services related to ‘social connectivity’.

This recognises that the ability to socialise onboard is as important to crew welfare as, for example, the ability to eat or exercise.

Guideline B3.1.11 - Recreational facilities, mail and ship visit arrangements, and

Guideline B4.4.2 – Welfare facilities and services in ports

A new Paragraph 8 to Guideline B3.1.11 acknowledges the importance of connectivity for modern day seafarers, through having free or affordable access to the internet where possible:

“Shipowners should, so far as is reasonably practicable, provide seafarers on board their ships with internet access, with charges, if any, being reasonable in amount.”

Guideline B4.4.2 contains a similar requirement on member states in relation to ships in port and at anchorages, with a new Paragraph 5 providing:

“Members should, so far as is reasonably practicable, provide seafarers on board ships in their ports and at their associated anchorages with Internet access, with charges, if any, being reasonable in amount.”

Standard A3.2 – Food and catering

This guideline features three new clarifications to ensure that the food and drinking water provision onboard vessels is satisfactory.

• Paragraph 2(a) stipulates that food and drinking water supplied onboard shall be ‘free of charge during the period of engagement’.
• Paragraph 2(b) emphasises that the catering department should provide ‘balanced’ meals.
• Paragraph 7(a) has been amended to confirm that regular inspections of the catering onboard ships should not only ensure there are supplies of food and drinking water onboard, but also that the ‘quantity, nutritional value, quality and variety’ of such food and water is appropriate.

Standard A4.1 – Medical care on board ship and ashore

Two new paragraphs have been added to this standard to attempt to tackle the problem of states denying or delaying seafarers coming ashore for urgent medical treatment, as well as refusing to allow the repatriation of deceased seafarers through their country. Such issues cause undue distress in what can be already very difficult circumstances for seafarers and their families/employers, and there are clear humanitarian grounds necessitating flexibility. The new provisions are as follows:

“5. Each Member shall ensure prompt disembarkation of seafarers in need of immediate medical care from ships in its territory and access to medical facilities ashore for the provision of appropriate treatment.

6. Where a seafarer has died during a ship’s voyage, the Member in whose territory the death has occurred or, where the death has occurred on the high seas, into whose territorial waters the ship next enters, shall facilitate the repatriation of the body or ashes by the shipowner, in accordance with the wishes of the seafarer or their next of kin, as appropriate.”

Guideline B4.1.3 – Medical care ashore

In line with the changes to Standard A4.1 noted above, two new paragraphs in Guideline B4.1.3 provide that member states “…should ensure that seafarers are not prevented from disembarking for public health reasons, and that they are able to replenish ships’ stores, fuel, water, food and supplies.”

The new text also provides a non-exhaustive definition of what circumstances should be considered as someone ‘…in need of immediate medical care’. The clarification includes reference to, for example, any communicable disease, suicide risk, suffering severe pain, inflamed teeth and severe burns.

Guideline B4.1.4 – Medical assistance to other ships and international cooperation

A small edit was made to Paragraph 1(k) in relation to the repatriation of a body or the ashes of a deceased seafarer. It previously stated this would be undertaken in accordance with the wishes of the next of kin. Now it clarifies that such repatriation will be undertaken in accordance with any wishes set down by the seafarer themselves, and/or their next of kin, as appropriate.

Standard A4.3 – Health and safety protection and accident prevention, and

Guideline B4.3.5 – Reporting and collection of statistics

Paragraph 1(b) of Standard A4.3 deals with the essential precautions which must be taken to prevent accidents, injuries and disease onboard ships. An amendment to this provision now adds a requirement for appropriate personal protective equipment (PPE) to be provided. It specifies the provision of ‘…all necessary appropriately sized personal protective equipment…’ in the list of required measures to be undertaken.

Paragraph 5 of Standard A4.3 also contains a new provision that all deaths of seafarers must be “…adequately investigated and recorded and reported on an annual basis to the Director-General of the International Labour Office to be published in a global register…”.

A new Paragraph 4 and 5 of Guideline B4.3.5 requires the fatality data to be reported in a format specified by the ILO. It also sets out the required information such reports should contain; namely, the type of death, ship type, gross tonnage, location, as well as the seafarer’s gender, age, position and department. The ILO have also issued an example form in which such reports can be completed.

Appendix A2-I – Evidence of financial security under Regulation 2.5, Paragraph 2, and

Appendix A4-I – Evidence of financial security under Regulation 4.2

Appendix A2-1 and A4-1 set out the requirements of member states in reviewing evidence of financial security for shipowners’ obligations under the MLC. These provisions previously specified that the certificate provided to states confirming financial security was in place (for example an MLC Certificate from a P&I insurer) should name the ‘shipowner’. International Group (IG) Clubs traditionally issue financial security certificates in the name of the registered owner of ships. This was agreed as acceptable between MLC member states and the IG, even if sometimes the entity in the MLC Certificate may not match the ‘shipowner’ named in the Declaration of Maritime Labour Compliance (DLMC). For example, the registered owner of the ship and the day-to-day commercial operator of the ship may not be the same legal entity.

However, on occasion some PSC Officers have still issued deficiency notices where the shipowner entity named in the DLMC did not match the registered owner named in the MLC Certificate. These complaints were disputed when they occurred, but to avoid such difficulties in future, the appendices have been updated to specify, at Paragraph (g) of both, that the financial security certificate may reference either the ‘…shipowner, or the registered owner if different from the shipowner’.

This change does not alter how MLC Certificates are requested or issued by clubs. It simply confirms the existing process was correct and hopefully ensures it is not questioned in future.

2025 Amendments

The fifth meeting of the ILO’s Special Tripartite Committee of the MLC is scheduled to take place in Geneva, from 7 to 11 April 2025.

A background paper was released on 14 February 2025 outlining the agenda for further proposals to be considered to amend the MLC. These include provisions to eliminate violence and harassment against seafarers, to further improve repatriation processes, enhance shore leave, ensure that seafarers are designated as key workers to avoid the difficulties so many experienced during COVID-19, and ensure the fair treatment of seafarers following casualties.

The Club will provide a further update to the extent these proposals are agreed in due course.

Appendix 1