Norway and the MLC

1. Norway and the MLC Haakon Storhaug, Norwegian Maritime Directorate Terje Hernes Pettersen Ministry of Trade and Industry

2. Norwegian legislation implementing MLC • Seamen’s Act, 1975 (SA) • Ship Safety and Security Act, 2007 (SSSA) The Seamen’s Act had to be harmonized because many provisions of MLC have been enacted in the SSSA

3. Issues in MLC related to health & safety The following MLC provisions relating to safety and health/protection have been implemented in the SSA: • Reg.1.2 (Medical certificate) • Reg. 1.3 (Training and qualifications) • Reg. 2.3 (Hours of work and hours of rest) • Reg. 2.7 (Manning levels) • Reg. 3.1 (Accommodation and recreational facilities) • Reg. 4.1 (Medical care on board ship and ashore) • Reg. 4.3 Health and safety protect. and accident prev.)

4. The ISM Code • All the mentioned areas fall under the responsibility of the company defined in the ISM-code paragraph 1.1.2 • Given that MLC is implemented in several Acts, there must be a single company with the overall responsibility, i.e. the company to which the Maritime Labour Certificate is issued. • In Norway, the ISM-company (cf. SSSA, section 4) • Shipowner in the Seamen’s Act needs to be the same entity • legal clarification of political decision taken when ILO 178 was ratified (1999)

5. Seamen’s ActSection 1 A Definition of shipowner • The ISM-company will be the MLC-company • However, the registered owner is the shipowner if: • the ship is not required to have a Maritime Labour Certificate; • the registered owner has not appointed another company to operate the vessel, • If ISM-certificates are withdrawn, • Thus, shipowner is the same entity for both Acts.

6. Seamen’s Act, Section 2 Duties of the shipowner • Independent duty to implement the provisions of both Acts • To make arrangements for the implementation of the Acts • Procedures and systems in place • Verify compliance with the provisions of the Acts • Duty to implement provisions of employment agreements

7. Seamen’s Act Section 2, Shipowner & employers Shipowner and other entities such as employers may still be separate. The shipowner has a duty to ensure compliance with the Act, even if the employment agreement is with a separate employer. The shipowner will have an independent duty to comply with the rules contained in the regulations and the Act, which may entail financial responsibility towards the seafarer.

8. Shipowners’ duties towards other employers on board • Must arrange for and monitor that the employer ensures that the seafarers’ rights are delivered. • Self-interest for shipowner: avoid detention of vessel

9. Section 2 Employer’s duties • Fully responsible towards his employees according to the employment agreement • Seafarers should contact the employer in first instance where there is a breach of contract (of employment) • However, seafarer may chose to go directly to shipowner if the employment agreement is not fulfilled • Hence: Joint liability towards the seafarer

10. Strenghtening the ISM-company’s legal position • Any costs incurred by shipowner may be sought recovered from the employer • The Act presumes a contractual relationship between shipowner and employers • Even if no contractual relationship exist, the shipowner may, in accordance with general contract law, recover its costs which under the employment agreement is the liability of the employer

11. Seamen’s Act Section 54 A – Maritime Liens • The Maritime Code section 51 provides that a seafarer has a lien on the ship if wages/emoluments are not paid • The shipowner may subrogate the seafarers’ rights if disbursements have been made by the shipowner. • The seafarer can choose to assert his claim either in accordance with the Maritime Code-procedure, or directly to the shipowner

12. Status on the ratification process • On 2 December 2008 the Parliament granted permission to ratify the Convention • On 9 December 2008 the legislative amendments were adopted by the Parliament • Norway ratified the Convention on 10 February 2009