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Nr. 1 2010 - Handelsflådens Velfærdsråd

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Danish shipping have a high level of social conditions for seafarers, and have a common interest in raising the bottom line in other countries.<br />

the convention guarantees a minimum<br />

level of social conditions, which we must<br />

live up to; namely the provisions jointly<br />

adopted by the ILO.<br />

eQual PlayiNg Field<br />

It is natural to imagine there are nations<br />

that will not ratify the convention and that<br />

there are ship owners who are indifferent<br />

to being MLC certified.<br />

”It is not inconceivable”, recognises<br />

Michael Wengel-Nielsen.<br />

”I think, however, those ships will incur<br />

particular attention from port authorities.<br />

Port authorities in a country that has<br />

ratified the convention undertake to also<br />

observe the convention in relation to<br />

ships from countries that have not<br />

ratified the convention.<br />

”It would be too cumbersome for<br />

non-certified vessels to transverse<br />

international shipping lanes. I therefore<br />

believe it is only a matter of time before<br />

MLC takes hold globally and thus helps<br />

to ensure a more level playing field”.<br />

agreemeNt aNd csr<br />

”In this context it is also important to<br />

emphasise that the convention was<br />

adopted by consensus at the ILO. The<br />

individual countries and organisations<br />

wish to help implement these minimum<br />

standards.<br />

”Clients are showing a growing interest<br />

in CSR – Corporate Social Responsibility.<br />

This may help to push development in<br />

the direction of greater social accountability<br />

for crews, and again give Danish<br />

shipping an advantage”, he said.<br />

”MLC is CSR for shipping!<br />

all oNBoard are seaFarers<br />

The convention states that all persons<br />

working on board a ship are seafarers<br />

and therefore covered by the convention.<br />

The owner is responsible for ensuring<br />

that the social rules also cover seafarers<br />

employed by a subcontractor, such as a<br />

restaurateur, as long as they are onboard<br />

while the ship sails; but it does not mean<br />

that they must be covered by company<br />

collective agreements.<br />

MLC accepts subcontractors’ collective<br />

agreements in terms of pay and<br />

freedom, but the social and employment<br />

law on equal protection must comply with<br />

the requirements of the convention – the<br />

owner is ultimately responsible for this.<br />

daNish seaFarers<br />

As stated earlier, the convention will be<br />

of no immediate importance to Danish<br />

seafarers. However, a few improvements<br />

will be forthcoming.<br />

Danish seafarers will be entitled to 16<br />

weeks’ sick pay and will be guaranteed<br />

treatment for illness at the company’s<br />

expense; also during the 16 weeks.<br />

”In Danish shipping we have a high<br />

level of social conditions, but as<br />

organisations we have a common<br />

interest in raising the bottom line in<br />

other countries, instead of making<br />

Danish seafarers more expensive. It would<br />

just make Danish shipping less competitive”,<br />

says Michael Wengel-Nielsen.<br />

The convention will only come into<br />

force when at least 30 countries, which<br />

together represent 33% of world tonnage,<br />

have ratified the convention.<br />

The goal will be reached shortly. All EU<br />

countries are expected to do so before<br />

the end of 2011, or rather, must do it<br />

before the end of 2011. MLC has already<br />

been incorporated into an EU directive,<br />

which comes into force at that time.<br />

The Danish parliament is currently<br />

incorporating the convention into Danish<br />

law and is expected to ratify the<br />

convention before the summer recess<br />

this year.<br />

The convention covers all ships over<br />

500 GT on international voyages.<br />

HOriSOnt 039°

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