Saudi Arabia's Approach to Maritime Labour Convention (MLC) 2006

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Added on  2022/12/19

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This presentation analyzes the implementation of the Maritime Labour Convention (MLC) 2006 in Saudi Arabia. It begins with an overview of the MLC, its ratification process, and the obligations of countries that ratify it. The presentation then examines Saudi Arabia's approach, highlighting that the country has not ratified the MLC but has introduced a bespoke commercial maritime law in 2019, which aligns with the MLC in many ways. The presentation further discusses the essentials of the marine work contract under KSA labor law and the international aspect of the MLC's influence on seafarers and KSA flagged ships. The basic difference between the MLC and the KSA Maritime Law is also discussed. The presentation covers the ambition and projects set out in Vision 2030 and the role of the Maritime Law in supplementing the KSA Labour Law. The presentation concludes by summarizing the key points and providing insights into the challenges and future implications of MLC implementation in Saudi Arabia.
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National Implementation of
Maritime Law Commission 2006
In Saudi Arabia
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What is Maritime Labour Convention?
International Labour Organization Convention.
Signed in 23rd February,2006.
Came into effect on 20th August, 2013.
30 ratified countries initially, presently 88
states ratified it.
Saudi Arabia has not ratified it.
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Ratification of ILO Convention
Saudi Arabia has ratified total 16 conventions
of International Labour Organization.
Out of 16 Conventions ratified by Saudi Arabia,
all the 16 conventions are in force.
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Duty of a country after ratifying a
Convention:
Obliged to report on measures it has
implemented.
Reports on the application of Convention may
be requested at shorter intervals.
For Fundamental and governance Conventions,
report must be made every 3 years.
For others, reports must be submitted every 5
years.
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Committee of Experts
Set up in 1926
Consists of 20 eminent jurists.
Examine government reports on ratified
Conventions.
While examining the reports, the Committee
of Experts makes two kinds of comments.
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Saudi Arabia on MLC
It introduced a bespoke commercial maritime
law called the Maritime Law in January 2019 in
pursuant to Royal Decree no. M/33 dated
5Rabi’ II 1440H corresponding to 12 December
2018G.
The ambition and projects are set out in Vision
2030.
The Maritime Law supplements the KSA Labour
Law.
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Contract of KSA Labor Law
The KSA Labor Law defines a marine work
contract as "a work contract for a wage
concluded between the vessel's owner or
chandler or the representative of either of
them and a seaman to work on board. Such
contract shall be subject to the provisions of
this Law, unless they are in conflict with the
provisions of this Part and the decisions issued
hereunder."
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The essentials of marine work contract:
It has to be in writing and to be entered in the records
of the vessels.
It must contain date and place of its conclusion, name
of chandler.
It must include name of seaman, his surname, age,
nationality, homeland, assigned work type, method of
performance.
Must has the certification for work in sea navigation,
Personal Marine Card, wage and duration of contract.
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International aspect of KSA
The Kingdom of Saudi Arabia(KSA) has not
ratified the MLC.
However, the Maritime law and the KSA law
corresponds to the MLC in many ways.
Though KSA is not a part of MLC, yet the latter
has important effects on seafarers employed
by the KSA employers and on KSA flagged
ships.
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The MLC can have important effects on the sea
farers who are indirectly employed by the KSA
employers and on the flagged ships of KSA.
The basic difference between the MLC and the
KSA Maritime Law is that the former imposes
significant regulatory burden on the vessels
while the latter places these on the owner or
the charter.
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Thank you!!!
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