1. The 2018 amendments to MLC, 2006 will come into force on 26th December, 2020. The amendments requires continuation of Seafarer Employment Agreements (Standard A2.1), payment of seafarer wages (Standard A 2.2) and continuation of seafarer repatriation entitlements (B 2.5.1) while a seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery.
2. The Directorate General of Shipping, Government of India has issued DGS Circular No. 35 of 2020, dated 26.11.2020 regarding implementation of subject amendments on Indian ships.
3. The above mandatory requirements are being incorporated by Indian Administration in Merchant Shipping (Maritime Labour) Rules 2016 and will require revision of existing DMLC documents.
4. In view of above, Shipowners /managers of Indian ships are advised as following;
a. Review company policies and procedures and ensure that Seafarer Employment Agreements (SEAs) and/or any applicable collective bargaining agreements that are signed on or after 26th December, 2020 covers the 2018 amendments to MLC. 2006.
b. The DMLC Part I and DMLC Part II of the vessels are updated by 26th December, 2020 to include the subject amendments. The updated DMLC documents will be inspected during the next scheduled MLC inspection of the ship (Intermediate or Renewal) post 26th December, 2020.
5. Shipowners/ Managers and Masters of Indian ships are advised to be guided by above.
This Technical Circular and the material contained in it is provided only for the purpose of supplying current information to the reader and not as an advice to be relied upon by any person. While we have taken utmost care to be as factual as possible, readers/ users are advised to verify the exact text and content of the Regulation from the original source/ issuing Authority.