Given the imminent ratification (expected 2012) of the ILO Maritime Labour Convention 2006 (MLC or Convention) and the much-hyped implications for builders, owners, managers and crew of superyachts Döhle Yachts have drafted a guide to highlight some of the more pertinent elements of the MLC for the superyacht industry.
Commented Robert Tobin, Director of Döhle Private Clients: “The Convention is complex and in some areas, crew accommodation being one of them, it will be especially challenging to plan for, design and build yachts in certain size ranges until such time as individual Flag States define how they will interpret the Convention, particularly in an industry where vessel design is, by its very nature, often unique.
However, responsible owners, yacht managers, recruiters, support companies and employers should already be complying with at least 80% of what the Convention will require. As such, the final changes (to well-run yacht, company and supplier operations) need not be as dramatic, or costly, as many seem to believe.
Flag States have been working hard to interpret the Regulations and to get legislation in place in time for the ratification. We work closely with most of the Flag States active in registering large yachts and see no great changes to our current working practises as a result of their interpretation of the MLC.
In this necessarily brief guide we highlight the sections of the MLC that are most likely to, impact the owning and operating of commercially registered super yachts, these include:
• Crew accommodation
• Yacht owner’s liability
• Seafarer Employment Agreements
• The use of regulated recruitment and placement agencies
• The hours of work and rest and holiday entitlement
• Health protection, medical care and welfare
• Complaint procedures available to seafarers
• Shipowners’ and shipmasters’ supervision of conditions on their ships
• Flag States’ jurisdiction and control over their ships
• Port State inspections of foreign ships
The on-board administration of ISM and ISPS will also be affected by the introduction of the MLC and our Compliance and Technical Support department is making appropriate changes to ensure compliance with the MLC in our normal effective and efficient manner, whilst minimising the administrative burden on-board.
We will welcome the ratification of the MLC as a means of ensuring standardisation, and where required, the improvement of working conditions for all those employed afloat.
I hope that the industry will find this a useful guide to illustrate some of the ramifications and complexities of the MLC and prepare you for the challenges ahead.”