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

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

Maritime Law--Lozman Case Revisited in Miami?

In Hoefling v. City of Miami , Case no.: 14-12482 (11th Cir. Jan. 25, 2016), the U.S. Court of Appeals for the Eleventh Circuit revived almost all of Hoefling's claims. You ask, "Who is Hoefling?" Hoefling lived on his sailboat Metis O moored off Dinner Key for nearly a decade—until the day he came home and it was gone. About three months earlier, an officer from the Miami Police Department's Marine Patrol Detail tagged Hoefling's vessel for lacking a sanitary device and a working anchor light. He had a deal to use the facilities at the nearby marina but quickly went out and reportedly bought what he needed to comply. Three months later while he was on a business trip, the City of Miami seized and destroyed his boat and all his belongings. As a result, he was homeless. He sued under § 1983, maritime law, and state law. He stated a claim under the Fourth Amendment for seizure and destruction without notice or cause and a “taking.” At the U.S. Distric

Miami Shipping Law

Search This Blog