The Shipowners’ View
Tim SpringettHead of EmploymentChamber of Shipping
MLC Shipowner TrainingMCA, 2011
• Why shipowners supported the MLC
• What it will mean in practice• What shipowners need to do• What concerns do shipowners
have?• How can these be overcome?• How the Chamber of Shipping can
help
A global level playing field
• Protects good operators
• “No more favourable treatment” clause
• Likely to become charterers’ requirement
Visibility of ILO
• Tripartite structure gives us greater influence
• ILO now a key player in maritime sector
Seafarer’s Bill of Rights?
• Seafarers’ obligations• Conditions of employment• Enforcement authorities’
rights• Shipowners’ rights!
Article IVEvery seafarer has the right to:
• a safe and secure workplace that complies with safety standards
• fair terms of employment
• decent working and living conditions on board ship
• health protection, medical care, welfare measures and other forms of social protection
What it will mean in practice
• For UK-flag operators - no major changes in standards
• All seagoing ships – all seafarers
• Flag states will adjudicate in borderline cases
• Complying – and demonstrating compliance
What shipowners will need to do
• Pick a ratifying flag state
• Complete Declaration of Maritime Labour Compliance Part II based on contents of Part I
• Set out procedures for ensuring and demonstrating ongoing compliance
• Apply for any substantial equivalents/ exceptions that might be necessary
Demonstrating compliance
• Make documentation clear and easy to follow
• Enable inspectors to visit shore offices
• Provide facilities on-board for crew members to be interviewed
• Establish effective on-board complaint procedures
What documents will ships need to carry?
• Copy of the Convention
• Maritime Labour Certificate
• Declaration of Maritime Labour Compliance
• Seafarer Employment Agreements
• On-board complaint procedures
• ISM documentation
What concerns do shipowners have?
• “Gold-plating”
• Failure to utilise flexibility
• Unclear instructions
• Excessive bureaucracy
• Over-zealous inspections
• Unfounded complaints and wrongful detentions
How to overcome the difficulties
• Remember the joint ownership of MLC
• Alert MCA to problems• Take action early• Aim is to guarantee minimum
standards
How the Chamber can help
We were there!
How the Chamber can help
• Involved in MCA Tripartite Working Group on UK Implementation
• Involved in training for surveyors
• Providing regular information for members individually and collectively
• Representations to MCA
Conclusion• Guarantor of decent work for
seafarers
• Not a stick for beating good operators
• If it works well – everybody can benefit
THANK YOU FOR
LISTENING!
