Author: Michael Agius, Associate

On the 3^rd February 2021, the International Labour Organisation (the ‘ILO’), issued the third revised version of its Information Note on Maritime Labour Issues and Coronavirus (COVID-19).

Whilst the said information note is non-binding, nor is it intended as an authoritative interpretation of any international instrument, the ILO publication provides a legitimate source of guidance on a number of issues and difficulties which are presently affecting crewing as a result of the global pandemic, such as  crew abandonment, the extension of seafarer’s employment agreements, repatriations and the lack of adequate health facilities. The information note relies on the provisions of the Maritime Labour Convention 2006 (the ‘MLC’) as well as the work of the ILO Committee of Experts on the Application of Conventions and Recommendations.

The Information note serves as a useful reference point for any flag State administration to ensure that ships flying their flag continue to maintain compliance with the MLC. Malta is a signatory to the MLC and accordingly, ships flying the Malta flag and their owners must adhere to the requirements of the said Convention.  The ILO Information Note can be a beneficial tool to any Maltese shipowner to assess its rights and obligations towards its seafarers during these testing and unprecedented times, and to ascertain that it is acting in accordance with the provisions of the MLC.

ILO’s latest information note is divided into fifteen separate sections; each discussing a particular difficulty or unclear scenario, which the ILO has felt the need to provide some clarity on.

The Information note touches upon inter alia the co-existence of the notion of force majeure with the provisions and remedies a ship owner must provide under the MLCA, required formal consent of crew to extend their working contract on board ships, minimum manning requirements about ships and guidance aimed to facilitate the repatriation of seafarers.

The latest version of the note can be accessed here.

©Fenech & Fenech Advocates 2021

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