SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

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Conditions of employmentRegulation 2.5 – RepatriationPurpose: To ensure that seafarers are able to return home1. Seafarers have a right to be repatriated at no cost to themselves in the circumstancesand under the conditions specified in the Code.2. Each Member shall require ships that fly its flag to provide financial securityto ensure that seafarers are duly repatriated in accordance with the Code.Standard A2.5 – Repatriation1. Each Member shall ensure that seafarers on ships that fly its flag are entitledto repatriation in the following circumstances:(a) if the seafarers’ employment agreement expires while they are abroad;(b) when the seafarers’ employment agreement is terminated:(i) by the shipowner; or(ii) by the seafarer for justified reasons; and also(c) when the seafarers are no longer able to carry out their duties under theiremployment agreement or cannot be expected to carry them out in the specificcircumstances.2. Each Member shall ensure that there are appropriate provisions in its lawsand regulations or other measures or in collective bargaining agreements, prescribing:(a) the circumstances in which seafarers are entitled to repatriation in accordancewith paragraph 1(b) and (c) of this Standard;(b) the maximum duration of service periods on board following which a seafarer isentitled to repatriation – such periods to be less than 12 months; and(c) the precise entitlements to be accorded by shipowners for repatriation, includingthose relating to the destinations of repatriation, the mode of transport, the itemsof expense to be covered and other arrangements to be made by shipowners.3. Each Member shall prohibit shipowners from requiring that seafarers make anadvance payment towards the cost of repatriation at the beginning of their employment,and also from recovering the cost of repatriation from the seafarers’ wages or other entitlementsexcept where the seafarer has been found, in accordance with national laws orregulations or other measures or applicable collective bargaining agreements, to be inserious default of the seafarer’s employment obligations.4. National laws and regulations shall not prejudice any right of the shipownerto recover the cost of repatriation under third-party contractual arrangements.5. If a shipowner fails to make arrangements for or to meet the cost of repatriationof seafarers who are entitled to be repatriated:(a) the competent authority of the Member whose flag the ship flies shall arrange forrepatriation of the seafarers concerned; if it fails to do so, the State from whichthe seafarers are to be repatriated or the State of which they are a national mayarrange for their repatriation and recover the cost from the Member whose flagthe ship flies;(b) costs incurred in repatriating seafarers shall be recoverable from the shipownerby the Member whose flag the ship flies;(c) the expenses of repatriation shall in no case be a charge upon the seafarers, exceptas provided for in paragraph 3 of this Standard.35
Maritime Labour Convention, 20066. Taking into account applicable international instruments, including the InternationalConvention on Arrest of Ships, 1999, a Member which has paid the cost of repatriationpursuant to this Code may detain, or request the detention of, the ships ofthe shipowner concerned until the reimbursement has been made in accordance withparagraph 5 of this Standard.7. Each Member shall facilitate the repatriation of seafarers serving on shipswhich call at its ports or pass through its territorial or internal waters, as well as theirreplacement on board.8. In particular, a Member shall not refuse the right of repatriation to any seafarerbecause of the financial circumstances of a shipowner or because of the shipowner’sinability or unwillingness to replace a seafarer.9. Each Member shall require that ships that fly its flag carry and make availableto seafarers a copy of the applicable national provisions regarding repatriationwritten in an appropriate language.Guideline B2.5 – RepatriationGuideline B2.5.1 – Entitlement1. Seafarers should be entitled to repatriation:(a) in the case covered by Standard A2.5, paragraph 1(a), upon the expiry of theperiod of notice given in accordance with the provisions of the seafarers’ employmentagreement;(b) in the cases covered by Standard A2.5, paragraph 1(b) and (c):(i) in the event of illness or injury or other medical condition which requirestheir repatriation when found medically fit to travel;(ii) in the event of shipwreck;(iii) in the event of the shipowner not being able to continue to fulfil their legalor contractual obligations as an employer of the seafarers by reason of insolvency,sale of ship, change of ship’s registration or any other similarreason;(iv) in the event of a ship being bound for a war zone, as defined by nationallaws or regulations or seafarers’ employment agreements, to which the seafarerdoes not consent to go; and(v) in the event of termination or interruption of employment in accordancewith an industrial award or collective agreement, or termination of employmentfor any other similar reason.2. In determining the maximum duration of service periods on board followingwhich a seafarer is entitled to repatriation, in accordance with this Code, accountshould be taken of factors affecting the seafarers’ working environment. Each Membershould seek, wherever possible, to reduce these periods in the light of technologicalchanges and developments and might be guided by any recommendations made on thematter by the Joint Maritime Commission.3. The costs to be borne by the shipowner for repatriation under Standard A2.5should include at least the following:(a) passage to the destination selected for repatriation in accordance with paragraph6 of this Guideline;36
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C5.1. Flag State responsibilities .
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the Convention regarding the need f
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oard ships but are not directly inv
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supervisory system (a system establ
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A16. How does the MLC, 2006 make it
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A19. What will happen to the mariti
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B. Questions about the workers andt
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authority?] as qualified to issue s
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C1.3.b. Does this training requirem
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It may be useful to also consider t
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equirements for upgrading or promot
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C2.3.h. Do the hour of rest and hou
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C3. Title 3 Accommodation, recreati
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y berths and lockers, chests of dra
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C4.1.b. Must every ship have a ship
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• the cost of safeguarding the pr
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(b) facilities for sports and outdo
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• Sickness benefit• Unemploymen
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Page 59 and 60: certificate and DMLC should be the
Page 61 and 62: C5.2.q. Are complaints confidential
Page 64 and 65: INTERNATIONAL LABOUR CONFERENCECont
Page 66 and 67: Maritime Labour Convention, 2006MAR
Page 68 and 69: Maritime Labour Convention, 2006(b)
Page 70 and 71: Maritime Labour Convention, 20062.
Page 72 and 73: Maritime Labour Convention, 2006Pla
Page 74: Maritime Labour Convention, 20062.
Page 78: Explanatory note to the Regulations
Page 82 and 83: Minimum requirements for seafarers
Page 90 and 91: Conditions of employmentTITLE 2. CO
Page 92 and 93: Conditions of employmentGuideline B
Page 94 and 95: Conditions of employment3. National
Page 96 and 97: Conditions of employment(a) hours o
Page 98 and 99: Conditions of employment4. Paragrap
Page 102 and 103: Conditions of employment(b) accommo
Page 104 and 105: Conditions of employmentciently and
Page 106 and 107: Accommodation, recreational facilit
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Page 138 and 139: TITLE 5. COMPLIANCE AND ENFORCEMENT
Page 140 and 141: Compliance and enforcement(a) has t
Page 142 and 143: Compliance and enforcement7. Detail
Page 144 and 145: Compliance and enforcement14. A cer
Page 146 and 147: Compliance and enforcement5. If a M
Page 148 and 149: Compliance and enforcement(a) the i
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Compliance and enforcementGuideline
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Compliance and enforcement(c)(d)the
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Compliance and enforcementStandard
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APPENDIX A5-IThe working and living
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Appendix A5-IIThis is to certify:1.
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Appendix A5-IIMaritime Labour Conve
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Appendix A5-IISignature: ..........
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Appendix A5-IIThis Certificate is v
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APPENDIX B5-I - EXAMPLE OF A NATION
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Appendix B5-IDeclaration of Maritim
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SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

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