Day-4 session of Certificate Course on Maritime Labour Law conducted by Gujurat Maritime University. My talk and presentation focussed on the responsibilities of the Flag State, Port State and Labour Supplying State under MLC2006 with examples of implementation followed by a discussion of case law and COVID-19 related matters affecting seafarers.

1. Flag State’s, Port State’s and
Labour Supplying State’s
Responsibilities under MLC 2006
Capt. Amarinder Singh Brar, LLM (Soton), AFNI
Associate, London Offshore Consultants
Flag State Inspector, Transport Malta
Certificate Course in ‘Maritime Labour Law’
Gujarat Maritime University
13th August 2020

2. LOC Group Companies
Rig Moving
Risk Control Services
MODUs
Marine Warranty Surveys
Marine Engineering & Consulting
Surveys, Inspections & Audits
Claims, Disputes & Litigations
Marine Casualties
Technical Due Diligence
Project Management
Concept development
Pre-FEED and FEED design
Foundation package
management
Cables package management
Design software supply
Research and development
Cable design
Marine Operations Engineering
Site Investigations
Marine Design, Upgrade & Conversion
Advanced Analysis & Simulation
Clean Shipping Engineering
Cost & Logistics Engineering

3. One Partner, Worldwide Support
Established in 1979, LOC is the premier marine and engineering consulting firm in
shipping, oil & gas, and renewables’ sectors.
Our Values:
• Trusted advisor driving energy transition in shipping, renewables, and oil & gas sectors
• World-class expertise in engineering & marine disciplines since 1979
• Independence to innovate and expand where clients need us
• Global presence, with offices located in key shipping and energy hubs worldwide, with a
strategy to expand into new markets
• Strong track-record in innovation for sustainable energy shipping practices
• Highly responsive team with on-the-ground expertise where needed

4. Our People
• Broad Range of Disciplines:
• Naval Architects
• Master Mariners
• Civil Engineers
• Structural Engineers
• Electrical Engineers
• Marine Engineers
• Mechanical Engineers
• Geotechnical Engineers
• Metocean & Coastal Engineers
• Hydrodynamicists
• Subsea, Cable & Pipeline Engineers
• DP Engineers
• Drafting / Design Engineers
• Chemical Engineers
• Petroleum Engineers
• Cost & Schedule Engineers

5. Our Sectors
Shipping Oil & Gas Renewables
• Offshore Exploration & Drilling
• Offshore Oil & Gas Development
• Offshore Decommissioning
• Onshore Development Projects
• Operations & Maintenance
• Offshore Wind Power
• Wave Power
• Tidal Power
• P&I
• Hull & Machinery
• Cargo
• Expert Witness
• Navigation
• Due Diligence

6. Who we work with
Shipping Oil & Gas Renewables

7. • Experience
• 17+ years Seafarer
• 6+ years Command
• 4+ years Flag State Surveys & Inspections
(ongoing)
• Associate in London with a leading
consultancy (includes MLC Inspections and
guidance)
• Education & Training
• Nautical Studies as per STCW
• PGD Marine Insurance, Malmo
• LLM Maritime Law (Merit), Southampton
• STCW Trainer and Assessor (TOTA, DGS)
• Former Nautical Surveyor (Grade 1), MCA,
UK
• ISM / ISPS / MLC Auditor
• Current work
• Flag State Inspector, Transport Malta which
includes MLC verification during inspections
• Consultant to leading maritime law firms,
P&I clubs, H&M insurers, cargo & other
insurers
• Project management
• M.E.T & other general consultancy

8. Regulatory Framework
Responsibilities under
MLC 2006
Today’s Topics

9. Case Law
COVID-19 Issues
Today’s Topics

10. Regulatory Framework – Structure of MLC 2006
• “… a single, coherent instrument
embodying as far as possible all up-to-
date standards of exiting international
maritime labour Conventions and
Recommendations …”
• “ … the fundamental principles to be
found in other international labour
Conventions,…”
• “…designed to secure the widest
possible acceptability … committed to
the principles of decent work,…”
MLC 2006,
as amended
Convention
Articles
Explanatory
Note
Regulations
and The Code
Titles
Regulations
Standard
Guidance

11. Regulatory Framework – Structure of MLC 2006
• “It has replaced 68 international labour
standards relevant to the maritime sector
which have been in place for 80 years
and it consolidates many existing ILO
conventions”
• National Laws updated
• Guidance
• Protection of Seafarer
• Enforcements of Rights
• Responsibility for both Enforcement of Rights
and Enforcement of Prosecution for violation
MLC 2006,
as amended
Convention
Articles
Explanatory
Note
Regulations
and The Code
Titles
Regulations
Standard
Guidance

12. Regulatory Framework – National Law
Primary
Legislation
(Merchant
Shipping Act)
Secondary
Legislation
(SI, Rules or
Regulations)
Tertiary
Legislation
(Guidance,
MSN, MGN,
MIN, Orders,
Circulars)
• Legal Framework
• Practical Application
• Convention requirements aligned with national
policy and application
• Enforcement powers
• Penal provisions
• Prompt amendments
• Q: Is there identical application of MLC 2006
provision by same state for national and foreign
flags – i.e. as a Flag State and as a Port State?
Lets wait and see…

13. International Framework – Legal Responsibilities
• The “MLC Cycle”
• Note the diminishing scope
• “No more favourable treatment” applied
akin to IMO Conventions
Ship and
Seafarer
Flag State
UNCLOS
SOLAS
STCW
MLC
Labour
Supplying
State
National Law
MLC related
Legislation
Port State
Verification
Enforcement

14. International Framework
• The MLC Cycle
• Overlap yet distinct responsibilities
• Lex Loci applied in case Port State
Control involved for MLC matters
• Some matters where Port State Control
cannot get involved (more later on this)
Ship and Seafarer
Flag State
Rules & Regs
Inspection
DMLC-I & II
MLC
Labour
Supplying
State
MLC
Verification
(National or
accredited if
unratified state)
Port State
Checks and
balances
Enforcement

15. Structure of MLC 2006
• Title 1. Minimum requirements for
seafarers to work on a ship
• Title 2. Conditions of employment
• Title 3. Accommodation, recreational
facilities, food and catering
• Title 4. Health protection, medical care,
welfare and social security protection
• Title 5. Compliance and enforcement
Title 1
Title 2
Title 3Title 4
Title 5

16. ILO Guidelines for MLC 2006
• Handbook: Guidance on implementing the
Maritime Labour Convention, 2006 - Model
National Provisions
• Handbook: Guidance on implementing the
Maritime Labour Convention, 2006 and
Social Security for Seafarers
• Guidelines for flag State inspections under
the Maritime Labour Convention, 2006
• Guidelines for port State control officers
carrying out inspections under the Maritime
Labour Convention, 2006
Title 1
Title 2
Title 3Title 4
Title 5

17. Flag State’s Responsibilities
Title 1. Minimum requirements for
seafarers to work on a ship
Title 2. Conditions of employment
Title 3. Accommodation, recreational
facilities, food and catering
Title 4. Health protection, medical care,
welfare and social security protection
Title 5. Compliance and enforcement
Title 1
Title 2
Title 3Title 4
Title 5

18. Practical – Flag State – Ashore and Onboard
National Provisions (Model or otherwise)
Exemption Provisions
Shore Based Office
Compliance with MLC 2006 Guidance
DMLC-I for vessel often via shipowner’s office
In principle approval for exemptions using ship’s plans
Ships – International
Inspection
DMLC-II verification
Outcome – Exemptions (if any), Inspection Report and
MLC Certification
Ships – Domestic
Inspection as per national rules
Sub-200 GT sui generis within sub-500GT vessels
Outcome – Exemptions (if any), Inspection Report
Penalty for non-compliance?
Title 1
Title 2
Title 3Title 4
Title 5

19. Practical – Flag State (e.g. UK)
Title 1
Title 2
Title 3Title 4
Title 5
MLC 2006, as amended, AND
ratified
Statutory Instrument(s)
2014 /1613, 1614, 1615, 1616
Merchant Shipping Notice(s)
Merchant Guidance
Notice(s)
Merchant Information
Notice(s)

20. Practical – Flag State (e.g. UK – MGN 470, Amendment 1)
MGN 470
• “… lists all the Merchant Shipping Notices,
Marine Guidance Notes and Marine
Information Notes which provide standards
or guidance in respect of UK
implementation of the Maritime Labour
Convention, 2006 … ”
• Sections for
(a) Shipowners and Operators
(b) Seafarers
(c) Manning Agents/Agencies
• Tables arranged by Title of MLC
• Enumerates references, as applicable,
against each title within each section
Title 1
Title 2
Title 3Title 4
Title 5

21. Practical – Flag State
(e.g. UK – MGN470 extract – SOs)

22. Practical – Flag State
(e.g. UK – MGN470 extract – SFs)

23. Labour Supplying States' Responsibilities
Title 1. Minimum requirements for
seafarers to work on a ship
Title 2. Conditions of employment
Title 3. Accommodation, recreational
facilities, food and catering
Title 4. Health protection, medical care,
welfare and social security protection
Title 5. Compliance and enforcement
Title 1
Title 2
Title 3Title 4
Title 5

24. Practical – Labour Supplying State – Ashore Only
National Rules (Model or otherwise)
Compliance by Shipowner, Manager and
other concerned parties
Documentary evidence of compliance
issued to manning company
Copy present on board, verified during
FSI
Penalty for non-compliance?
Remember – Must clear the FS
threshold especially social security
Title 1
Title 2
Title 3Title 4
Title 5

25. Practical – Labour Supplying State
(e.g. UK – MGN470 extract – SFs)

26. Practical – Labour Supplying State
(e.g. UK – MGN470 extract – Manning Agencies)

27. Port State’s Responsibilities
Title 1. Minimum requirements for
seafarers to work on a ship
Title 2. Conditions of employment
Title 3. Accommodation, recreational
facilities, food and catering
Title 4. Health protection, medical care,
welfare and social security protection
Title 5. Compliance and enforcement
Title 1
Title 2
Title 3Title 4
Title 5

28. Port State’s Responsibilities – Reality
Title 1. Minimum requirements for
seafarers to work on a ship
Title 2. Conditions of employment
Title 3. Accommodation, recreational
facilities, food and catering
Title 4. Health protection, medical care,
welfare and social security protection
Title 5. Compliance and enforcement
Responsibility for ‘application of’ Titles 1
thorough 4 is distinct from responsibility for
‘enforcement of’ the same.
Title 1
Title 2
Title 3Title 4
Title 5

29. Practical – Port State Control – Onboard Only
National Rules read with ILO Guidance for PSC
Vessel compliance
Routine Inspection – Verify documents – Prima
facie evidence of compliance
Sighted something during inspection or
complaint by seafarer – More detailed
inspection triggered
Ship will not be allowed to leave unless matter
resolved to attending authority's satisfaction as
per prescribed procedure
What happens – Arrest or Detention?
CAP, to the satisfaction of all parties, may be
demanded
Remember – Lex Loci prevails
Title 1
Title 2
Title 3Title 4
Title 5

30. Practical – Port State Control (Actions under any PSC MoU)
MLC 2006, as amended, AND
ratified
Statutory Instrument(s)
2014 /1613, 1614, 1615, 1616
Merchant Shipping Notice(s)
Merchant Guidance
Notice(s)
Merchant Information
Notice(s)
PSC MoU Inspection
Guidelines
National Provisions –
Enforcement
Sections (Lex Loci)
ILO Guidance on
PSC for MLC, 2006
Enforcement action,
if any

31. Practical – Port State Control (AMSA’s Marine Notice 04/2020)

32. Common Responsibilities
Article XIII Special Tripartite Committee
Article XIV Amendments to Convention
Article XV Amendments to Code
Past Work
2014 Amendments
2016 Amendments
2018 Amendments
Future work
2020 Amendments (?)
Title 1
Title 2
Title 3Title 4
Title 5

33. Common Responsibilities
2014 Amendments
• Standard A2.5.2 Financial Security (New)
• Standard A4.2.2 Treatment of contractual claims
(New)
• Associated Guidelines, Appendices (New)
• End of formal disagreement period 18 Jul 2016
• Amendments effective from 18 Jan 2017
2016 Amendments
• Standard A5.1.3 MLC & DMLC – New para insert
• MLC Certificate format Amended (Extension
endorsed after renewal)
• End of formal disagreement period 08 Jul 2018
• Amendments effective from 08 Jan 2019
(… continued)
Title 1
Title 2
Title 3Title 4
Title 5

34. Common Responsibilities
2018 Amendments (NOT YET IN FORCE)
• Standard A2.1p7 SEA to continue while captive as
per piracy and armed robbery whose definitions
included in the text
• Standard A2.2p7 Wages continue as per above
• End of formal disagreement period 26 June 2020
• Expected entry into force 26 Dec 2020
Future Amendments
• Fourth Meeting of Special Tripartite Meeting
• Planned for 19th–23rd of April 2021 at ILO, Geneva
• Deadline to propose changes: 1st of October 2020
• Consolidated proposal list in due course
Title 1
Title 2
Title 3Title 4
Title 5

35. Case Law
Action against Ship Owner and/or Ship
Manager
By formally complaining to Flag State or
Labour Supplying state
MLC 2006 prerequisites must be met
Complaint to Port State?
Operates on fringes of employment law?
(… continued)
Title 1
Title 2
Title 3Title 4
Title 5

36. Case Law
Dean Richard Wilson v The Secretary of State
for Transport Princess Cruise Lines Ltd and
Another
• [2015] EWHC 2330 (Admin)
• QBD, His Honour Judge Keyser QC, 31 July 2015
URLs:
• www.bailii.org/ew/cases/EWHC/Admin/2015/2330.html
• www.i-law.com/ilaw/doc/view.htm?id=356751
• https://app.justis.com/case/dean-richard-wilson-v-the-
secretary-of-state-for-transport-
princess/overview/aXaJn0KZmZGdl
In hindsight, was a different outcome possible
• if legal advice would’ve been sought earlier?
• if claim was brought against other respondents were
different?
• If claim was brought under Employment Law? (UK,
non-MLC) ACAS, ET, EAT
Title 1
Title 2
Title 3Title 4
Title 5

37. COVID-19 Issues
SEA – Issuance of blanket SEA extensions
Seafarer Medicals
Seafarer Certification
Discharge Books expiry
Passport expiry
Annual leave provisions
Wages during ‘Extension’
Wages during ‘Isolation’ both pre- & post-
shipboard employment
Repatriation approvals especially medical
testing for COVID in order to travel
Mental Wellbeing of seafarer
Title 1
Title 2
Title 3Title 4
Title 5

38. “No man will be a sailor who has contrivance enough to get himself
into a jail;
for being in a ship is being in a jail, with the chance of being
drowned...
a man in a jail has more room, better food, and commonly better
company.”
– Samuel Johnson (1709 – 1784)

39. COVID-19 – Thoughts with seafarers
 All seafarers are equal, some are more equal than others
• Seafarer definitions
• HT, MODU, MOPU, SPS etc
• UK EEZ OSVs – Visa provisions cf UK MLC provisions for crew
• Offshore Vessels – Status of survey technicians and equipment operators
 SEA extension
• Legality (Recall Convention provisions)
• Who benefits (Recall purpose of MLC)
• Equal bargaining rights akin to contract law
• for SEA extension – T&Cs
• for SEA extension – wages during extension
 Can it be claimed that it was signed under duress?
 Captive employment or bonded labour
 What about mental wellbeing
 Was the pre-MLC system better?
 In all aspects OR only in certain aspects
 Articles of Agreement, signed in front of Shipping Master
 Seafarer’s right to refuse to sign
 Is seafarer “ward of state” under ILO as is under Admiralty matters
 Recent trend by seafarers – use Lex Loci
• Port State Guidance (e.g. AMSA Marine Notice 04/2020)
• Action by seafarers in favourable jurisdiction (e.g. Australia or France)
• Action by seafarers where union support is strong (ITF)
Title 1
Title 2
Title 3Title 4
Title 5

40. LOC Assistance
• Part of our MEC bouquet of services
(Others being CDL, SIA, MWS in shipping)
• Master Mariner with LLM; Dissertation on
MLC2006 application by all PSCs(Merit)
• Former MLC Inspector with practical
experience in MLC matters since 2013
• MLC Inspections, 3rd Party Verifications
• Assistance to shipowners and managers
• Research and assistance in legal cases
related to MLC
• Hold insight into application of MLC from
both FSI and PSC perspective
One Partner, Worldwide Support

41. LOC Assistance
Death of a US national on a passenger
vessel in River Nile
• Assisted vessel owners to conclusively rule out
Legionella Pneumophila infection
• Audited shore and onboard systems
• Use previous Egyptian trading experience
• Outcome: Nothing heard from US lawyers
Consultancy re COVID-19 matters
• Guide ship-managers on MLC related matters
• Pre-emptively avoid vessel detention
• Outcome: Advice followed, vessel successful in
calling and departing Australian ports without
any issues
One Partner, Worldwide Support

42. Leading Offshore Change
www.loc-group.com