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Maritime Labour Convention, 2006 (MLC, 2006) - Malta (RATIFICATION: 2013)

Other comments on C186

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The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2018 entered into force for Malta on 26 December 2020.

Article II, paragraphs 1(i) and 4 of the Convention. Definitions and scope of application. Ships. In reply to the Committee’s previous comment, the Government indicates that the Non-Convention Vessel (NCV) Code, section 15, requires that all vessels comply with the Merchant Shipping (Maritime Labour Convention) Rules, except offshore units whose primary service is drilling operations for the exploration, exploitation or production of resources beneath the sea bed and are not ordinarily engaged in navigation or international voyages; fishing Vessels; yachts in non-commercial use of any size and vessels which are trading and/or operating exclusively between ports and facilities within Malta. While no definition is provided regarding the term “within Malta”, the Committee notes that according to section 2 of the NCV, for the purpose of this Code the term “Maltese Waters” shall mean Maltese Ports, Maltese Internal Waters and Maltese Territorial Waters. The Committee recalls that the provisions of the MLC, 2006, apply to all ships covered by the Convention, including those navigating in territorial waters. Since the Convention defines a ship in Article II, paragraph 1(i), as “other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply”, the Committee considers that vessels which are operating in territorial waters do not fall within the exclusion contained in this provision of the Convention. The Committee accordingly requests the Government to provide detailed information on how it ensures that all ships within the meaning of the Convention are covered by its provisions and, if necessary, to review the scope of application of Section 15.1.2 of the NVC Code and any other relevant provisions in order to ensure full implementation of the provisions of the Convention.

Article VI, paragraphs 3 and 4. Substantial equivalence. In reply to the Committee’s previous comment, the Government indicates that the Malta Commercial Yacht Code, 2020 (CYC) provides standards of compliance of commercial yachts with the MLC, 2006, including equivalencies with regards to accommodation, recreational facilities and medical stores. Commercial Yachts that are 500 gross tonnage and above are issued with a Declaration of Maritime Labour Compliance which indicates that the yacht is in compliance with the 2020 Malta Commercial Yacht Code under the equivalency section. The Committee notes that the CYC has been drawn up by the Merchant Shipping Directorate in consultation with various industry stakeholders including the Professional Yachtsman Association. The Committee requests the Government to provide detailed information with respect to how it has satisfied itself that the national provisions concerned are substantially equivalent to the requirements of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. In reply to the Committee’s previous comment, the Government indicates that it is working to include further clarity in the interpretation of its rules with regards to the employment or engagement of seafarers under the age of 18 years where such work or engagement may pose a danger to the health and safety of the seafarer under the age of 18 years, but that such rules shall in any case be read and construed together with the Convention and Council Directive 2009/13/EC. Recalling that under Standard A1.1, paragraph 4, of the Convention, the types of hazardous work which are prohibited to seafarers under 18 years of age shall be determined by national legislation or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned,the Committee requests the Government to take the necessary measures without delay to give full effect to Standard A1.1, paragraph 4.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes that, in reply to its previous comment, the Government reiterates that, to date it has not issued any approval for any seafarer recruitment and placement agencies to operate in Malta and that to date no evidence exists of any such agency operating in or from Malta. The Government further indicates that the Convention can be construed as forming part of the laws of Malta and can therefore be directly applicable. The Committee requests the Government to provide information regarding the process by which the 939 seafarers registered in Malta obtain work on Maltese or foreign-flagged ships and to indicate how it gives effect to Standard A1.4, paragraph 8 (measures to advise its nationals on the possible problems of signing on a ship that flies the flag of a country which has not ratified the Convention). It also reiterates its previous request to the Government to provide detailed information on how the requirements of Standard A1.4, paragraph 5, are complied with (prohibition of blacklists, no fees or other charges on the seafarer, keeping registers, qualification of seafarers, protection of seafarers in foreign ports, managing complaints, establishing a compulsory insurance scheme to compensate seafarers).

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. The Committee notes the Government’s reply to its previous comment indicating that it will adopt the necessary measures to offer more clarity in ensuring that both at law and in practice, seafarers are provided with the opportunity to examine and seek advice on their employment agreement prior to signing it. The Committee requests the Government to adopt such measures without delay and to provide a copy of the relevant legislation once available. The Committee further requests to Government to provide an example of a seafarers’ employment agreement, without any individual identification information (Standard A2.1, paragraph 2(a)).

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7, and A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. The Committee notes with interest that the Merchant Shipping (Maritime Labour Convention) Rules (sections 2, 28A and 67A) have been amended to incorporate into the national legislation provisions giving effect to the 2018 amendments to the Code of the MLC, 2006. The Committee takes note of this information.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes the Government’s reply to its previous comment indicating that it will adopt the necessary measures to offer more clarity in ensuring that both at law and in practice, seafarers are granted shore leave in accordance with Regulation 2.4, paragraph 2. The Committee requests the Government to adopt such measures without delay and to provide a copy of the relevant provisions once available.

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. In reply to the Committee’s previous comment, the Government indicates that the Merchant Shipping (Maritime Labour Convention) Rules are subsidiary legislation enacted and to be construed as part of a parent Act, the Merchant Shipping Act, which in section 2(1) defines proper return port as “either the port at which a seaman or an apprentice was shipped or a port in the country to which he belongs or some other port agreed to by the seaman or the apprentice”. The Committee takes note of this information, which addresses its previous request.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. Noting that the Merchant Shipping (Maritime Labour Convention) Rules do not prohibit explicitly the shipowner from requiring that seafarers make an advance payment towards the cost of repatriation at the beginning of their employment, and also from recovering the cost of repatriation from their wages, the Committee requests the Government to indicate how it gives effect to Standard A2.5.1, paragraph 3.

Regulation 2.6 and the Code. Seafarer compensation for the ship’s loss or foundering. Noting the Government’s reply that it will amend Rule 54 of the Merchant Shipping (Maritime Labour Convention) Rules to ensure full compliance with this provision of the Convention,the Committee requests the Government to adopt the necessary steps to that end without delay and to provide a copy of the relevant legislation once available.

Regulation 2.7 and the Code. Manning levels. In reply to its previous comment, the Government indicates that, upon request, every vessel under 500 gross tonnage is issued with a Manning Attestation to ensure that it is safely and efficiently manned and that the decision for such manning levels is guided by the gross tonnage, power, length of vessel and trading area and operations taking into account established rest periods and work routines that are aimed at limiting fatigue. While noting this information, the Committee recalls that the Convention requires each member to ensure that all ships that fly its flag, regardless of gross tonnage, have a sufficient number of seafarers on board. The Committee accordingly requests the Government to clarify if all vessels under 500 gross tonnage have a sufficient number of seafarers, and to indicate the applicable provisions. Noting that no information is provided on this issue, the Committee also reiterates its request to the Government to indicate how the competent authority takes into account the requirements set out in Regulation 3.2 and Standard A3.2 concerning food and catering, particularly the obligation to have a fully qualified cook on board, when determining manning levels. It further requests the Government to provide for each type of ship, including those under 500 GT, typical examples of a safe manning document or equivalent issued by the competent authority, together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it (Standard A2.7, paragraph 1).

Regulation 3.1 and the Code. Accommodation and recreational facilities. In reply to the Committee’s previous comment, the Government indicates that there is only one vessel (a commercial yacht) under 3,000 gross tonnage in its records that has been provided with an exemption under the Fourth Schedule of the Merchant Shipping (Maritime Labour Convention) Rules. Such exemption concerns not having a separate mess room for officers and ratings. The Committee takes note of this information and requests the Government to provide information on the consultations that took place in this regard.

Regulation 4.1 and Standard A4.1, paragraph 1. Medical care on board and ashore. While noting the Government’s indication that the Merchant Shipping (Maritime Labour Convention) Rules are promulgated under the Merchant Shipping Act which refers to the obligation of the owner to provide for health protection and medical care in section 158, the Committee observes that such section does not address the issues raised in its previous comment as to the measures in place to ensure: (i) the application to seafarers on ships flying Malta’s flag of any general provisions on occupational health protection and medical care relevant to their duties, as well as of special provisions specific to work on board ships (Standard A4.1, paragraph 1(a)); (ii) that seafarers are given health protection and medical care as comparable as possible to that which is generally available to workers ashore, including prompt access to the necessary medicines, medical equipment and facilities for diagnosis and treatment and to medical information and expertise (Standard A4.1, paragraph 1(b)); and (iii) that seafarers working on board a ship flying Malta’s flag are given the right to visit a qualified medical doctor or dentist without delay in ports of call, where practicable (Standard A4.1, paragraph 1(c)), including if and in what kind of cases the visit can be refused. Although the Government indicates that seafarers are covered for medical emergencies, the Committee notes that no information is provided on whether medical care includes measures of a preventive character, such as health promotion and health education programmes (Standard A4.1, paragraph 1(e)). The Committee therefore reiterates its previous request to the Government to adopt the necessary measures to give effect to these requirements of the Convention and to provide information on any development in this regard.

Regulation 4.1 and Standard A4.1, paragraph 2. Medical care on board and ashore. Standard medical report form. Noting the Government’s indication that it will provide through its web portal a standard medical report form pursuant to Standard A4.1, paragraph 2, the Committee requests the Government to take such measure without delay.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. In the absence of new information in this regard in the Government’s report, the Committee reiterates its previous request.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14 and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee notes the Government’s reply to its previous comment indicating that any specific claim or request received through its dedicated address is dealt with, on a case-by-case basis, by its team that impartially reviews the case and intervenes with the concerned parties with a view to settling compensation in the event of the death or long-term disability due to an occupational injury. The Committee requests the Government to provide detailed information on the arrangements in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, as required by Standard A4.2.2, paragraph 3, specifying the applicable national provisions and the prescribed process to that end.

Regulation 4.3, paragraph 2. Health and safety protection and accident prevention. National guidelines. In its reply to the Committee’s previous comment, the Government indicates it will publish national guidelines for the management of occupational safety and health on board ships that fly its flag based on the ILO Guidelines for implementing the occupational safety and health provisions of the Maritime Labour Convention, 2006. The Committee requests the Government to take the necessary measures without delay to adopt such guidelines after consultation with the representative shipowners’ and seafarers’ organizations.

Regulation 4.3 and Standard A4.3, paragraphs 5 and 6. Health and safety protection and accident prevention. Reporting, statistics and investigation. In the absence of new information in this regard, the Committee reiterates its previous request to the Government to provide information on the manner in which compliance with the obligation to report and investigate occupational diseases on board all ships covered by the Convention is ensured, and on how it takes into account the guidance provided by the ILO with respect to the reporting and recording of occupational accidents and diseases.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. Noting the Government’s reply that no welfare board has been established yet, the Committee requests the Government to provide information on any developments regarding the establishment of a welfare board for regularly reviewing welfare facilities and services.

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. In the absence of reply or new information in this regard in the Government’s report, the Committee reiterates its previous request.

Regulation 4.5, Standard A4.5, paragraph 5 and Guideline B4.5, paragraphs 6 and 7. Social security. Monitoring of payment of contributions. The Committee requests the Government to provide information on how shipowners’ and, if applicable, seafarers’ contributions to relevant social protection and social security schemes are monitored to verify that such contributions are made (Standard A4.5, paragraph 5, and Guideline B4.5, paragraphs 6 and 7).

Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. In the absence of reply or new information in this regard in the Government’s report, the Committee reiterates its previous request to the Government to indicate how this provision is implemented with respect to non-resident non-EU seafarers working on board Maltese-flagged ships.

Regulation 4.5 and Standard A4.5, paragraph 9. Social security. Fair and effective procedures for the settlement of disputes. In the absence of reply or new information in this regard in the Government’s report, the Committee reiterates its previous request to the Government to provide information on the procedures of the settlement of disputes relating to social security for seafarers.