MLC's Entry Into Force and ISF's New Guidelines

With the launch of International Labour Organization’s Maritime Labour Convention (MLC), I have received numerous queries from various sources in the maritime community. It is clear that many shipowners/operators will have a whole slew of new responsibilities to match up to. As part of its education efforts, the International Shipping Federation employers’ organization has published new guidelines to help operators to ensure compliance with MLC, which will enter into force in August 2013.

With the clock ticking, the guide takes shipping companies through their obligations under the ILO convention and illustrates how to apply ILO standards on board ships in a practical manner. This includes MLC requirements relating to seafarers’ contractual arrangements, oversight of manning agencies, work and rest hours, health and safety, crew accommodation, catering standards and new requirements concerning on board complaints procedures.

Compliance with all relevant standards can also be matched to a detailed checklist that can be printed via an accompanying CD. Also provided is an overview of the MLC certification process. This includes an example of the new Declaration of Maritime Labour Compliance (DMLC) as it might be completed by a shipping company. The DMLC is a key element of the convention and ultimately the policing mechanism, as flag State surveyors will be paying close heed to what shipowners claim to do. The DMLC details the measures adopted to ensure ongoing compliance with the requirements and the measures proposed to ensure there is continuous improvement.

In essence the DMLC is a checklist which sees the owner state quite how they intend to ensure that not only are MLC requirements followed but how. Think SMS for labor issues.

The MLC is truly a game changer…for those that play by the rules.

If you are interested in contact me regarding the MLC, you may do so by contacting me at mov@chaloslaw.com.

Comments

Maritime Law--Major Changes in the U.S. Relationship with Cuba

On December 17, 2014, President Obama announced that the United States would be setting a new course in U.S. relations with Cuba by easing some of the trade and travel restrictions which have been in place for over fifty (50) years. President Obama stated that the policy of isolating Cuba has failed to accomplish the long term objective of promoting the emergence of a democratic Cuba, stating that doing the same thing and expecting a different result is no good for the American or Cuban people. The main goal in lifting some of the restrictions is purported to focus on improving human rights, empowering democratic reforms, and promoting the independence of the Cuban people so that they do not need to rely so heavily on the Cuban state. As a result of President Obama’s announcement, on January 16, 2015, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) amended the Cuban Assets Control Regulations (31 CFR section 515) and the U.S. Depa...

ReThink + ReUse Center "It's How We Roll" Fun Raiser -- Bowling Night -- October 16, 2014

As many of my readers may be aware, I am the Chair of the ReThink + ReUse Center, a non-for-profit educational and environmental Center in Miami educating children into rethinking reuseable materials for learning through play. The ReThink and ReUse Center’s Quality Play is Learning Program provides a series of educational and participatory workshops based on the philosophies of Reggio Emilia and Harvard's Project Zero Visible Thinking. The Children’s Trust is the major funder of this program, but the Center is required to continually fundraise for the balance its annual budget. The Center is having a fun event you are invited to--the ReThink + Reuse Center’s “It’s How We Roll” bowling event on October 16, 2014 at Splitsville Luxury Lanes from 18:00 to 21:30 hours. My firm, Comcast and Waste Management are major sponsors for this event, but we could use a few more sponsors. If you are interested in sponsoring the event, please let me know by reaching me at mov@chalos...

Maritime Law--Florida's Arbitration Code Is Now Revised

Those of us that practice maritime law regularly must always be on the lookout for the contract that may contain an arbitration clause. Thus, any laws related to arbitration are important to those of us practicing in this sector. The Florida legislature has revised the Florida Arbitration Code ("FAC") and named it the Revised Florida Arbitration Code (the " Revised Act"). Since 1967, the FAC had gone mostly unchanged. The Revised Act addresses concepts that were not addressed in the old law, such as the ability of arbitrators to issue provision remedies, challenges based on notice, consolidation of separate arbitration proceedings, required conflict disclosures by arbitrators, among other major changes. The Revised Act lays out a detailed framework for international arbitration conducted under Florida law and repeals sections of the FAC. The Revised Act spells out what experienced arbitrators knew the case law to be, but codifies it all in one pl...

Miami Shipping Law

Search This Blog