Ensuring Fair wages and welfare standards for seafarers: The Role of the Maritime Labour convention, 2006

Introduction 

Persons engaged in sea-based activities are called seafarers. The wages and  welfare of seafarers form an essential part of maritime labour standards. Under  both international and national maritime laws, the shipowner bears the primary  responsibility to guarantee fair wages, humane working conditions, medical  care, and welfare facilities for all crew members. 

The Maritime Labour Convention (MLC), 2006, often referred to as the  “Seafarers’ Bill of Rights,” is the cornerstone international instrument that  consolidates and modernizes these standards. It ensures that seafarers have the  same basic rights as workers ashore, including fair pay, regular wage payment,  medical care, repatriation rights, social protection, and welfare facilities both on  board and ashore. 

Wages of Seafarers 

Wages refer to the monetary compensation paid by the shipowner to the seafarer  for services rendered on board a ship. It includes not only the basic pay but also  allowances, overtime, and other benefits as specified in the seafarers’  employment agreement or as prescribed by law or collective agreements. 

Maritime Labour Convention 

The International Labour Organization (ILO) addresses seafarers’ wages  through several conventions, including the Maritime Labour Convention (MLC)  and the Joint Maritime Commission (JMC). For the first time, the MLC 

consolidates in one place the minimum requirements for the treatment of  seafarers. The MLC incorporates and builds on 68 existing maritime labour  conventions and recommendations, as well as other fundamental principles, to  ensure decent working and living conditions for all seafarers. 

Seafarers’ Rights 

The MLC details the obligations of governments and shipowners under four  main headings: 

➢ Minimum requirements for seafarers to work on a ship. 

➢ Conditions of employment. 

➢ Accommodation, recreational facilities, food, and catering. ➢ Health protection, medical care, welfare, and social security protection. 

MLC 2006 Regulation 2.2 – Seafarer Wage Requirements 

Regular and full payment of wages, along with detailed accounting to the  seafarer, is a major obligation of the shipowner. 

Main provisions related to wages under the MLC :  

1. Right to regular and full payment. 
2. Seafarers must be paid their wages at least once a month in full. Payment  must be made in legal tender or through bank transfer as agreed in the  seafarers’ employment agreement. 
3. Employers cannot delay or withhold wages without a valid reason. This  prevents shipowners from holding back wages while seafarers are at sea  for long durations.

Accommodation and Food 

The MLC sets international standards for accommodation, recreational  facilities, food, and catering on ships to promote seafarers’ health and well being. 

Regulation 3.1 – Accommodation and Recreational Facilities: 

Ensures seafarers have decent accommodation and recreational facilities on  board. 

Regulation 3.2 – Food and Catering: 

Ensures seafarers have access to high-quality food and drinking water under  regulated hygienic conditions. 

Key provisions: 

1. Quality and provision of food: Ships must carry and serve food and  drinking water of suitable quality, nutritional value, and quantity. All  meals must be provided free of charge during the period of employment. 
2. Training and qualification: Seafarers employed as ship cooks must be  trained, qualified, and competent for their position. 

The MLC also includes practical training on cookery, food hygiene, storage,  stock control, catering safety, and environmental protection. 

Health Protection and Medical Care 

Regulation 4.1 – Medical Care Onboard and Ashore:

Ensures seafarers enjoy proper health protection and prompt access to medical  care both on board and ashore. 

Key provisions: 

1. Each Member State must ensure that all seafarers on ships flying its flag  are provided with adequate health protection and medical care while  working on board. 
2. Medical care and protection must be available free of charge to the  seafarers. 
3. Seafarers requiring immediate medical attention while in port must be  given access to shore-based medical facilities of that Member State. 
4. Medical care provided to seafarers should be as comparable as possible to  that available to workers on land. 

This regulation guarantees that seafarers receive medical care comparable to  that available to shore-based workers, ensuring free, prompt, and adequate  healthcare both at sea and in port. 

Wages and Welfare Protections 

The wages and welfare of seamen represent a vital aspect of maritime labour  law , ensuring that those who dedicate their lives to service at sea are protected  , respected , and adequately compensated. Seafarers face unique challenges  such as isolation, harsh working conditions, and long periods away from home.  

The MLC ensures:

1. Wages are paid in legal tender or via bank transfer, cheque, or money  order. 
2. Wages are paid without undue delay upon termination of service. 3. Penalties apply to shipowners who delay or fail to pay wages. 
3. Wages are paid directly into the seafarer’s designated bank account  unless otherwise requested. 

Conclusion 

Seafaring is one of the most perilous occupations in the world. Seafarers face  risks such as accidents, illness, and loss of life due to the nature of their work  and environment. International and national legislation, including the MLC  2006, imposes obligations on shipowners to safeguard seafarers’ welfare,  provide medical assistance, and ensure compensation in cases of injury or death. 

MLC Guidelines B4.1.1 ensure the provision of medical care at sea, even in the  absence of a shipboard doctor. Ships capable of reaching medical facilities  within 8 hours must have at least one seafarer trained in advanced medical care,  including life-saving techniques such as intravenous therapy. Proper  maintenance of medical equipment and adequate training of crew members  ensures a standard of care comparable to that available on land, safeguarding  seafarers’ health and well-being during service. 

The MLC 2006 establishes the wages and welfare of seafarers as the  cornerstone of maritime labour protection, guaranteeing fair treatment and  safety for those who dedicate their lives to service at sea.