Mr Subash Barguzer - MLC Presentation

1. Implementation
of
Maritime Labour Convention
in
India

2. A single coherent instrument as well as fundamental principles and all up-to-
date standards of existing international labour standards.
Background
Maritime Labour Convention of the ILO :
Requiring each member which ratifies this convention undertakes to give
complete effect to its provisions.
This new instrument is designed to secure the widest possible acceptability
among Governments, Ship-owners and seafarers committed to decent work.

3. Background cont..
PHYLOSOPHY OF THE CONVENTION:
TO PROMOTE DECENT CONDITIONS TO WORK;
DECLARATION ON FUNDAMENTAL PRINCIPALS AND RIGHTS AT
WORK;
SPECIAL PROTECTION TO SEAFARERS;
EFFECTIVE IMPLIMENTATION OF THE CONVENTION.
ILO ADOPTED MLC, 2006 ON 23RD FEBRUARY 2006.

4. Background cont..
• THE CONVENTION FORMALLY ENTERED INTO FORCE GLOBALLY ON
20TH AUGUST 2013.
• SUITABLE ADMINISTRATIVE MACHANISM PUT IN PLACE IN
ADVANCE FOR THE COMPLIANCE OF MLC IN INDIA.
• DG SHIPPING LAID DOWN COMPREHENSIVE PROCESS OF
INSPECTION AND CERTIFICATION OF SHIPS THROUGH A SERIES OF
M S NOTICES.
[M S NOTICE NO. 7, No. 11, No. 15 AND No. 27 0F 2013]
• INDIA RATIFIED MLC ON 9TH OCTOBER 2015.
• THE M S (MARITIME LABOUR) RULES CAME INTO FORCE ON 29TH
FEB 2016.

5. TITLE 1: Minimum Requirements
for seafarers to work on a ship
 MINIMUM AGE [Regulation 1.1– Standard A1.1 –
Guideline B1.1]
 MEDICAL CERTIFICATE [Regulation 1.2– Standard A1.2 –
Guideline B1.2]
 TRAINING AND QUALIFICATION [Regulation 1.3– Standard
A1.3 – Guideline B1.3]
 RECRUITMENT AND PLACEMENT [Regulation 1.4–
Standard A1.4 – Guideline B1.4]

6. TITLE 2: Minimum Requirements
for seafarers to work on a ship
 SEAFARERS EMPLOYMENT AGREEMENT[Regulation 2.1–
Standard A2.1 – Guideline B2.1]
 WAGES [Regulation 2.2– Standard A2.2 – Guideline B2.2]
 HOURS OF WORK AND HOURS OF REST [Regulation 2.3–
Standard A2.3 – Guideline B2.3]
 ENTITLEMENT TO LEAVE [Regulation 2.4– Standard A2.4 –
Guideline B2.4]
 REPATRIATION [Regulation 2.5– Standard A2.5 – Guideline B2.5]

7. TITLE 2: Minimum Requirements
for seafarers to work on a ship
 SEAFARERS COMPENSATION FOR THE SHIP’S LOSS OR
FOUNDERING
[Regulation 2.6– Standard A2.6 – Guideline B2.6]
 MANNING LEVELS
[Regulation 2.7– Standard A2.7 – Guideline B2.7]
 CAREER AND SKILL DEVELOPMENT AND OPPORTUNITIES
FOR SEAFARERS’ EMPLOYMENT
[Regulation 2.8– Standard A2.8 – Guideline B2.8

8. TITLE 3: Minimum Requirements
for seafarers to work on a ship
 ACCOMMODATION AND RECREATIONAL FACILITIES
[Regulation 3.1– Standard A3.1 – Guideline B3.1]
 FOOD AND CATERING
[Regulation 3.2– Standard A3.2 – Guideline B3.2]

9. TITLE 4: Minimum Requirements
for seafarers to work on a ship
 MEDICAL CARE ON BOARD SHIP AND ASHORE
[Regulation 4.1– Standard A4.1 – Guideline B4.1]
 SHIPOWNERS’ LIABILITY
[Regulation 4.2– Standard A4.2 – Guideline B4.2]
 HEALTH AND SAFETY PROTECTION AND ACCEDENT PREVENTION
[Regulation 4.3– Standard A4.3 – Guideline B4.3]
 ACCESS TO SHORE-BASED WELFARE FACILITIES
[Regulation 4.4– Standard A4.4 – Guideline B4.4]
 SOCIAL SECURITY
[Regulation 4.5– Standard A4.5 – Guideline B4.5]

10. TITLE 5: Minimum Requirements
for seafarers to work on a ship
 FLAG STATE RESPONSIBILITIES
[Regulation 5.1– Standard A5.1 – Guideline B5.1]
 GENERAL PRINCIPLES
[Regulation 5.1.1– Standard A5.1.1 – Guideline B5.1.1]
 AUTHORISATION OF RECEGNISED ORGANISATIONS
[Regulation 5.1.2– Standard A5.1.2 – Guideline B5.1.2]
 MARITIME LABOUR CERTIFICATE AND DECLARATION OF MARITIME LABOUR
CERTIFICATE
[Regulation 5.1.3– Standard A5.1.3 – Guideline B5.1.3]
 INSPECTION AND ENFORCEMENT
[Regulation 5.1.4– Standard A5.1.4 – Guideline B5.1.4

11. TITLE 5: Minimum Requirements
for seafarers to work on a ship
 ON-BOARD COMPLAINT PROCEDURES
[Regulation 5.1.5– Standard A5.1.5 – Guideline B5.1.5]
 MARINE CASUALITIES
[Regulation 5.1.6– Standard A5.1.6 – Guideline B5.1.6]
PORT STATE RESPONSIBILITIES
[Regulation 5.2]
 INSPECTION IN PORT
[Regulation 5.2.1– Standard A5.2.1– Guideline B5.2.1]
 ONSHORE SEAFARERTS COMPLAINT-HANDLING PROCEDURES
[Regulation 5.2.2– Standard A5.2.2 – Guideline B5.2.2]
 LABOUR SUPPLYING RESPONSIBILITIES
[Regulation 5.3– Standard A5.3– Guideline B5.3]

12. Member State role
REPATRIATION
[Regulation 2.5– Standard A2.5 –
Guideline B2.5]
Rule
SOCIAL SECURITY
[Regulation 4.5– Standard A4.5 –
Guideline B4.5]
Rule

13. Member State role cont..
• Verification of provisions of ML Rules through
coordinated system of regular inspection.
[Initial or Interim, Intermediate, Renewal]
• Verification of provisions of RPS Rules through
Initial, Annual , Renewal inspections.
• 8 Recognised Organisations have been
authorised.

14. Maritime Labour Convention
• Setting up welfare facilities for the seafarers.
• Seafarers and their dependents to have access to social
security measures.
• The above two provisions have been incorporated in the
Merchant Shipping (Maritime Labour )Rules-2016 which have
been notified on 28.02.16.

15. Social security measures
• To comply with Regulation 4.5 of the MLC, for providing social
security measures, the same are being implemented by DGS,
GoI through a society named Seafarers welfare fund Society
(SWFS).
• SWFS is constituted by the Central Government in the year
1964 and registered as a Charitable Society under Indian
Societies Registration Act, 1860 on 16.11.1964.
• To comply with Regulation 4.5 of MLC, the social security
measures implemented by the SWFS, are financed through
the contributions made by the ship owners and recruitment
and placement service agencies. [Implemented through
Seafarers levy fee Rules & RPS Rules].

16. Welfare Schemes
• Ex-gratia Assistance on death (EAD),
• Survival Benefit Scheme,
• Invalidity Benefit Scheme,
• Maternity Benefit Scheme ( for female seafarers only),
• Old age benefit scheme (To be implemented)
• Family benefit scheme (To be implemented)
• Monthly Ex-gratia Monetary Assistance (MEMA) (will
be closed w.e.f. 01.07.18.)

17. Ex-gratia Assistance on Death(EAD)
• EAD scheme is in operation since 01.01.1993.
• One time financial assistance is paid to the nominee of the
deceased seafarer.
• The scheme is applicable only for foreign going registered seafarer
(registered with the Seamen Employment office).
• The eligible seaman should be within the age of superannuation at
the time of death, during off article period.
• The financial assistance initially was INR 25000 in the year 1993,
which was enhanced subsequently to INR 40000, 50000, 100000
and at present it is INR 2 lacs w.e.f. 16.03.16.

18. Survival Benefit Scheme
• This scheme is started w.e.f. 26.08.2014.
• A lump sum amount of INR 2 lacs is paid to the nominee of
the deceased seafarer, recruited by Indian ship-owner or
through RPSL company and whose death occurred during off-
article period of twelve months, from the date of last sign-off
from the vessel.

19. Invalidity Benefit Scheme
• Scheme started w.e.f. 26.08.2014.
• lump sum amount of INR 2 lacs is paid to the seafarer, who
was last recruited by Indian ship-owners or through RPSL
company and who becomes permanently unfit for seafaring
profession due to any accidental injury happening during off
article period of twelve months, from the date of last sign-off
from the vessel.

20. Maternity Benefit scheme
• Presently this scheme is applicable only to female seafarers,
who are last recruited by Indian shipping company or through
RPSL company w.e.f. 26.08.14.
• A lump-sum financial assistance of INR 25000 each, is paid for
the maximum of two pregnancy deliveries, to the lady
seafarers.
• The Welfare Sub-Committee of the SWFS has proposed to
extend this scheme to the spouses of the male seafarers also.
The final decision on this issue and the quantum of financial
assistance to be given is to be decided by the COM of the
SWFS.

21. Old Age Benefit Scheme
• COM of the SWFS has decided to introduce this new scheme
w.e.f. 1st January, 2019.
• Under this scheme one time financial assistance of Rs.
50000/- will be paid to those seafarers, who attains the age of
65 years, after the specified date i.e. 1.1.19.

22. Family Benefit Scheme
• COM of the SWFS has decided to introduce this new scheme
w.e.f. 1.1.19.
• Under this scheme a financial assistance will be paid to the
seafarers, whose son/daughter completes the pre-sea training
course from DGS approved training institute and obtains the
Indian CDC for joining seafaring profession. The financial
assistance of Rs. 25000/- for son and Rs.50000/- for daughter
will be paid to the seafarer.
• Further the seafarer’s son / daughter, who acquires two years
full time post-graduate degree/diploma in any discipline other

23. Seamens Gratuity fund
• With the procedural arrangement made in the National
Maritime Board (NMB) agreements, the voyage-wise gratuity
amount is deposited by the shipping companies with the
SWFS and the same is held by the SWFS as a trust.
• The gratuity amount so received is accounted under
individual seafarer’s name and the same is remitted to them
alongwith the accumulated interest, at the time of their
retirement/voluntary retirement from seafaring profession.
• At present the SWFS hold the total gratuity of 75000 seafarers
approx.

24. Seamen’s Provident Fund
• The Seamen’s Provident Fund Scheme, 1966 has been
framed under the Seamen’s Provident Fund Act, 1966 to
provide for institution of a Provident Fund for all the
seamen who work on Merchant Ships of India.
• The Seamen’s Provident Fund Organisation (SPFO) has been
set up and functioning to provide old age retirement
benefits to the Seamen members engaged in Shipping
(Merchant Navy) or their family members in the event of
death / missing seamen.
• The PF contribution is payable by the employer [equal ratio
of seafarer and employer] to SPFO.
• SPFO is presently maintaining Provident Fund Accounts of
approximate 80,000 seafarers.

25. Challenges
• Seafarers are continued to be recruited and
placed by unregistered agents.
• Not all RPSL have knowledge of the provisions
of MLC.
• Extent RPS Rules do not have penal provisions
for non registered RPS agents in India.

26. RELIEF
• THE NEW ADMIRALITY ACT 2017 HAS BEEN
PASSED THROUGH THE PARLIAMENT.
• IT PROVIDE PRIORITY OF THE LIEN OF SEAFRER
ON THE SHIP.

27. Progress
• The 3rd Special Tripartite Committee of MLC of ILO has adopted
amendment to the MLC by making provision for amendments to
the Code of the MLC, 2006 relating to Regulation 2.1 relating to
“Seafarers’ employment agreements”, 2.2 relating to “Wages”
Regulation 2.5 relating to “Repatriation of seafarers”.
• insert a new para in Standard A2.1 of the MLC 2006 to give effect to
the continuation of seafarer’s employment agreement to be inforce
when he is held captive
• insert a new para in Standard A2.2 of the MLC 2006 to give effect to
the entitlement of seafarers’ wages and other entitlements under
his employment agreement during the entire period of his captivity,
and
• include an exemption clause in Guideline B2.5.1 to prevent lapse of
the entitlement to repatriation if not claimed within a reasonable
time period in the case of captivity

28. India continue to be an important seafarer supplying nation
contributing about 9.35% share of global seafarers.
Memberstate role cont..
It provide 9.20 % of officers [this includes 9500 officer trainees]
and 9.50 % ratings.

29. 0
20000
40000
60000
80000
100000
120000
140000
160000
Seafarers
Employed
Officers
( Nautical )
Ratings
( Nautical )
Saloon Ratings Officers
( Engineering )
Ratings
( Engineering )
154349
34417
29774
33746
36760
19652
Seafarers Engagement Details - 2017

30. Growth in Supply of Indian Seafarer
30
RANK 2013 2014 2015 2016 2017
NAUTICAL
OFFICERS
26742 28805 30520 33346 34417
NAUTICAL
RATINGS
36910 44548 49144 56916 63520
ENGINEERIN
G OFFICERS
26995 28968 31377 35230 36760
ENGINEERIN
G RATINGS
13188 14769 15904 18448 19652
TOTAL
OFFICERS
53737 57773 61857 68576 71177
TOTAL
RATINGS
50098 59317 65048 75364 83172
TOTAL 108446 120667 128665 144785 154349

31. Thank you