Clyde Co The Guide to Superyacht Law - Fourth Edition

What is the Maritime Labour Convention (MLC)? The MLC provides a globally applicable standard for: • Minimum requirements to work on a superyacht • Conditions of employment • Accommodation, recreational facilities, food and catering • Health protection, medical care, welfare and social security protection • Compliance and enforcement The aim of the MLC is to set a standard for seafarers’ working conditions regardless of which flag they sail under. The MLC came into force on 20 August 2013. Who will be covered by the MLC? • The MLC applies to all superyachts ordinarily engaged in commercial activities, but only superyachts over 500 GRT can get certified. This makes it difficult for sub-500 GRT superyachts to prove complete compliance. It covers all crew who are employed or engaged or work in any capacity on board. It is important to note that on employment matters, the MLC will apply to existing superyachts and that superyacht owners will need to comply with the MLC requirements Can the owner avoid liability by registering a superyacht with a flag state that has not approved the MLC? • No, all superyachts will be subject to inspection in the ports of any country that has approved the MLC. Even purported flag exemptions fromMLC may not protect an owner from crew action or Port State Control

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