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Preparing for Paris & Tokyo MoU CIC 2024 - Ensuring Compliance with Crew Wages & Seafarer Agreements

Writer's picture: AdminAdmin
Jul 13, 202412 min read

Updated: Jan 11

The Paris MOU and Tokyo MOU have announced a joint Concentrated Inspection Campaign (CIC) on Crew Wages and Seafarer Employment Agreements (SEA). This campaign, set to run from September 1 to November 30, 2024, aims to verify compliance with MLC requirements. It focuses on the basic rights of seafarers, including accurate information and contracts. The maritime industry must prepare for this upcoming paris mou cic 2024 to ensure crew wages compliance and proper seafarer agreements are in place.


A seafarer overlooking from the ship's main deck
A seaman in a red uniform overlooks the bustling activity of a port, with cargo ships and cranes silhouetted against the early morning light.

The CIC will focus on ship owners' responsibility to ensure seafarers' basic rights onboard. This is in accordance with the MLC. A 10-question checklist has been developed to help prepare for the inspection.


This checklist covers important topics. It includes timely payment of wages and proper documentation of Seafarers' Employment Agreements (SEA). It also includes financial security certificates.


Deficiencies in compliance may lead to ISM-related deficiencies and potential detention. This makes it crucial for the maritime industry to prioritize compliance. It is important to do this before the inspection period.


A detailed depiction of a maritime office setting, featuring a large wooden desk with neatly organized stacks of Seafarer Employment Agreements, a globe highlighting shipping routes, and a window overlooking a bustling port with ships in the background
In a bustling maritime office, stacks of Seafarer Employment Agreements await processing on a polished wooden desk, while a globe highlights strategic shipping routes. Outside, a panoramic view of a busy port frames towering ships in action.

Key Takeaways

  • Paris MOU and Tokyo MOU will conduct a joint CIC on Crew Wages and SEA under MLC, 2006 from September 1 to November 30, 2024.

  • The campaign aims to verify compliance with MLC requirements regarding seafarers' basic rights, accurate information, and contracts.

  • A 10-question checklist has been developed to facilitate preparation for the inspection, covering topics such as timely wage payment and proper SEA documentation.

  • Deficiencies in compliance may lead to ISM-related deficiencies and potential detention.



Understanding the Paris MOU CIC 2024

The Paris Memorandum of Understanding (MoU) on Port State Control is gearing up for a concentrated inspection campaign (CIC) in 2024. It will focus on crew wages and Seafarer Employment Agreements (SEAs) under the Maritime Labour Convention (MLC, 2006). This joint effort with the Tokyo MoU aims to uphold the rights and working conditions of seafarers.


Overview of the Concentrated Inspection Campaign (CIC)

The CIC is set to run from September 1 to November 30, 2024, during routine Port State Control (PSC) inspections. The campaign questionnaire, released on August 1, 2024, includes 10 questions. These questions cover various aspects of crew wages and SEAs. Each ship will face only one inspection under this CIC during the campaign.


Key Focus Areas: Crew Wages and Seafarer Employment Agreements

The CIC's main focus is on ensuring seafarers receive accurate information and contracts. It also aims to verify that wage payments align with the SEA and any applicable Collective Bargaining Agreement (CBA). Seafarers' wages must meet the minimum wage standards set by national laws and regulations.


Importance of Compliance with MLC, 2006

Following the Maritime Labour Convention, 2006 (MLC, 2006) is key to protecting seafarers. It sets high standards for their living and working conditions. This includes fair pay, timely wages, and enough rest.


Recent inspections show why MLC compliance is vital. In 2021-2023, MLC issues were over 20% of all found problems. They also caused 10% of ships to be detained. The Australian Maritime Safety Authority's 2023 report found 14 ships banned for serious breaches.


These breaches included not paying wages on time and poor working conditions. This highlights the need for strict MLC compliance.


Ensuring Basic Rights of Seafarers

The MLC, 2006 aims to safeguard seafarers' rights. This includes a safe workplace, fair employment terms, and decent living and working conditions. Regulation 2.1 of the MLC requires all seafarers to have a signed Seafarers' Employment Agreement (SEA) with specific provisions. Regulation 2.2 mandates regular and full payment as per employment agreements, with detailed monthly wage statements and no unauthorized deductions.


Shipowners must ensure seafarers have access to their SEAs. They must also sign any amendments and confirm that positions match those in the SEAs. All required information must be included in the agreements. Failure to comply can result in deficiencies during inspections and potential vessel detention.


Link Between MLC Compliance and Safety Management System (SMS)

Non-compliance with MLC requirements can severely impact a company's Safety Management System (SMS). Deficiencies in crew training, maintenance, and operations can lead to ISM-related deficiencies. These can result in vessel detention, with ISM compliance being a top reason for detentions in recent years.


Poor working conditions and wage payment concerns can affect seafarer health and ship safety. It is vital to address these issues promptly. Shipowners should review crew contracts and management systems to ensure MLC compliance. This is essential for upcoming inspections, such as the joint Concentrated Inspection Campaign (CIC) by Tokyo and Paris MOUs in 2024. The focus will be on crew wages and seafarer rights and agreements.


Common Deficiencies Related to Crew Wages

Lack of Wage Details in Seafarer Employment Agreement (SEA)

Another widespread problem is missing wage details in the Seafarer Employment Agreement (SEA). The SEA must clearly state the seafarer's wages, including basic pay, overtime, and allowances. Without these details, wage disputes can arise.


Discrepancies Between Paid Wages and SEA or Collective Bargaining Agreement (CBA)

Wage discrepancies between what's paid and what's agreed upon in the SEA or Collective Bargaining Agreement (CBA) also pose a risk. Shipowners must ensure wages match the agreed terms to prevent non-compliance.


Absence of Monthly Wage Accounts for Seafarers

Seafarers are entitled to a monthly wage account showing their earnings and any deductions. Without these accounts, transparency is lacking, making it hard for seafarers to verify their payments. Shipowners must provide detailed monthly wage accounts to comply with the MLC, 2006.


Ensuring Compliance with Seafarer Employment Agreements (SEAs)

Ensuring seafarer employment agreement compliance is vital for the rights and well-being of seafarers. It also ensures smooth vessel operations. The Paris MoU PSC Inspection Results (2021-01 to 2024-06) show SEAs rank third among top deficiencies. SEAs and wages are the top two detainable deficiencies under MLC Title 2 - Conditions of Employment.


Both the seafarer and the shipowner or their representative must sign the original SEA copies. These copies must be available for inspection by the seafarer and the master. The SEA must be in English and include all required elements as specified in the MLC, 2006 Standard A2.1.


A well-organized workspace featuring an open laptop displaying maritime regulations, nautical charts, and a checklist for crew wage compliance
A meticulously arranged maritime office setup showcasing a laptop with crew wage compliance details, surrounded by nautical charts and maritime regulations documents, with globes for geographical reference.

Also, ship operators/owners should ensure that:

  • Seafarers' wages are paid at intervals not exceeding one month, according to their SEA or relevant Collective Bargaining Agreement (CBA)

  • All deductions in the wage bill align with national standards, the SEA, and the CBA, with no unauthorized deductions for items like travel expenses

  • Overtime payments to the crew are calculated accurately, and records of overtime worked are maintained and confirmed by each crew member monthly

  • Valid certificates or documentary evidence of financial security, such as for repatriation and compensation in the event of death or long-term disability, are available on board, in accordance with MLC 2006 standards


Preparing Original SEAs for Inspection

Ensuring original copies of SEAs are available for inspection is key for the Paris MoU CIC. These agreements are crucial for recording the seafarer-shipowner contract. They detail the seafarer's role, monthly pay, and service duration.


Ensuring SEAs are Available in English

It's also essential that SEAs are in English. English is the primary language in international maritime. Having SEAs in English ensures smooth communication during inspections. This makes it easier for port State control officers to review and verify the agreements.


Verifying SEAs Include All Required Elements Under MLC, 2006

Shipowners and managers must verify that SEAs include all MLC, 2006 elements. These include the seafarer's name, position, monthly wage, and agreement duration. They also need to include provisions for repatriation.

Missing any of these elements can lead to deficiencies. This could result in detentions or penalties.


A diverse crew of seafarers on a ship's deck, emphasizing teamwork and compliance
A diverse crew of seafarers collaborates on the ship's deck, exemplifying teamwork and adherence to safety protocols.

Confirming SEA Particulars Comply with MLC, 2006 Requirements

Shipowners and managers must also confirm that SEA particulars comply with MLC, 2006. For example, service periods should not exceed 12 months. Financial security for repatriation must also be in place.


By preparing original SEAs, ensuring they're in English, and verifying all elements, shipowners can prepare for the Paris MoU CIC 2024. These steps help avoid deficiencies and detentions. They also show a commitment to seafarer rights and well-being.


Financial Security Requirements for Repatriation and Compensation

The Maritime Labour Convention (MLC), 2006, mandates strict financial security for seafarers' repatriation and compensation in case of death or long-term disability. Shipowners must present written proof of this financial security. This proof must include the details outlined in Appendix A4-I of the MLC, 2006.


Importance of Maintaining Valid Certificates on Board

It is crucial to keep valid certificates of financial security on board at all times. These certificates are essential for proving compliance with the MLC's financial security standards during Port State Control (PSC) inspections. Non-compliance during the CIC can result in various penalties, from deficiency notices to the detention of the ship until serious issues are fixed.


The following table outlines the key financial security requirements for repatriation and compensation:

Requirement

Description

Repatriation

Financial security to cover costs of repatriation in case of abandonment

Death

Compensation in the event of a seafarer's death while employed on the ship

Long-term Disability

Compensation for long-term disability due to an occupational injury, illness, or hazard

A maritime training scene depicting diverse crew members engaged in a workshop, surrounded by visual aids related to crew wages and seafarer agreements
Crew members participate in a maritime training workshop, surrounded by educational materials on crew wages and seafarer agreements.

Ensuring Certificates are Prominently Displayed

It is also vital to display these certificates in a clear and accessible place on board. This visibility enhances transparency and boosts crew confidence in their rights and the shipowner's adherence to financial security standards.


Best Practices for Successful CIC Preparation

The maritime industry is preparing for the Concentrated Inspection Campaign (CIC) on Crew Wages and Seafarer Employment Agreements. Shipowners and managers must adopt best practices for CIC preparation. It's essential to ensure all information about working arrangements and payments is current and accessible to crew members.


Masters need to be well-informed about the upcoming CIC and the documents expected during inspections. This proactive approach aids in timely preparation and reduces the risk of non-compliance. Updating the SMS is crucial to align shipboard practices with the Maritime Labor Convention (MLC), 2006 requirements.


Key areas to focus on during CIC preparation include:

  • Ensuring seafarer certification documents, such as CoC, CoP, endorsements, and medical certificates, are up-to-date and readily available

  • Verifying compliance with safe manning requirements and international provisions (SOLAS, STCW)

  • Maintaining accurate records of daily hours of rest and ensuring compliance with rest period regulations

  • Addressing potential deficiency areas, such as special training requirements, basic training evidence, and unfamiliarity with essential shipboard operations


Training and Familiarization of Crew Members

Proper crew training and familiarization are crucial for a successful Paris MOU Concentrated Inspection Campaign (CIC) in 2024. The CIC on STCW conducted by Paris and Tokyo MoUs in 2022 revealed that 13.57% of inspections resulted in 1,041 deficiencies found on 802 ships. The highest number of deficiencies were in records of rest (27.76%), voyage or passage plan (24.30%), and crew familiarization with emergency systems (10.95%).


A serene maritime scene capturing a diverse group of ships navigating calm seas under a bright sky, with an emphasis on crew members working harmoniously on deck, surrounded by symbols of compliance and agreement like checklists and documents subtly integrated into the ocean waves
A peaceful maritime scene unfolds as a diverse fleet of ships navigates tranquil seas under a bright sky, showcasing crew members working in harmony on deck, with subtle symbols of compliance and agreement woven into the ocean waves.

To ensure compliance and avoid detention, shipping companies must prioritize crew training familiarization. They should focus on areas with the highest deficiencies. The upcoming CIC on crew wages and seafarer agreements will likely follow a similar pattern, with inspectors closely examining these aspects.


Ensuring Master and Officers Understand Their Duties

The master and officers play a critical role in maintaining compliance with MLC, 2006 requirements. They should be well-versed in their duties related to crew wages and seafarer agreements. This includes ensuring timely and accurate payment of wages, maintaining detailed wage accounts for each seafarer, verifying that seafarer employment agreements (SEAs) include all required elements under MLC, 2006, and confirming SEA particulars comply with MLC, 2006 requirements.


Familiarizing Crew with the CIC Questionnaire

Crew members should be familiarized with the CIC questionnaire to ensure they can provide accurate information during the inspection. The following table highlights key areas of focus and recommended actions:


Area of Focus

Recommended Action

Wages paid monthly

Ensure wages are paid on time and at least monthly

Wage details in SEA

Include comprehensive wage information in SEAs

Wages match SEA or CBA

Verify paid wages align with SEA or collective bargaining agreement

Monthly wage accounts

Provide each seafarer with a monthly wage account


Conclusion

As the maritime industry gears up for the Paris MOU CIC 2024, it's vital for shipowners, managers, and crew to act now. They must ensure compliance with MLC 2006 requirements. This includes keeping accurate records, providing proper training, and displaying valid financial security certificates. Doing so will help vessels pass the Concentrated Inspection Campaign without issues.


The CIC questionnaire has eleven questions, and any "No" answer could lead to detention. Inspections might be more thorough if certain scenarios under Standard A5.2.1 of the MLC, 2006 are found. Seafarer Employment Agreements must be complete, accessible, and not expired without proof of extension. Wages should be paid monthly, with compliant deductions and exchange rates. Overtime must be calculated and confirmed by crew members.


To succeed in the Paris MOU CIC 2024, the maritime industry must focus on crew wages and seafarer agreements. Addressing common issues like unpaid wages and discrepancies in SEAs is key. This shows commitment to seafarer welfare and helps avoid penalties. Crew members must also be familiar with the CIC questionnaire and their roles.


FAQ

What is the Paris MOU CIC 2024 focusing on?

The Paris MOU Concentrated Inspection Campaign (CIC) 2024 will concentrate on crew wages and Seafarer Employment Agreements (SEA) under the Maritime Labour Convention, 2006 (MLC, 2006). It aims to ensure compliance with MLC requirements. This includes verifying the basic rights of seafarers, such as accurate information and contracts.


When will the Paris MOU CIC 2024 be conducted?

The Paris MOU CIC 2024 will take place during routine Port State Control (PSC) inspections from September 1 to November 30, 2024. The CIC questionnaire will be available on August 1, 2024. It will contain 10 questions focusing on crew wages and Seafarer Employment Agreements (SEA) under the MLC, 2006.


What are the common deficiencies related to crew wages?

Common issues with crew wages include not being paid monthly and lack of wage details in the Seafarer Employment Agreement (SEA). There may also be discrepancies between paid wages and the SEA or Collective Bargaining Agreement (CBA). Another issue is the absence of monthly wage accounts for seafarers.


How can shipowners and managers ensure compliance with Seafarer Employment Agreements (SEAs)?

Shipowners and managers must ensure original copies of SEAs are available for inspection and in English. They need to verify that SEAs include all required elements under MLC, 2006. This includes the seafarer's full name, date of birth, position, and monthly wage. The particulars in the SEA must also comply with MLC, 2006 requirements.


What financial security requirements must be met for repatriation and compensation?

Shipowners must provide written evidence of financial security for repatriation and compensation. This evidence should include the information described in Appendix A4-I of the MLC, 2006. Valid certificates must be maintained on board and displayed prominently where they are easily accessible to seafarers.


How can shipowners and managers successfully prepare for the Paris MOU CIC 2024?

To prepare for the CIC, ensure all required information about working arrangements and payments is up-to-date and accessible to crew members. Inform the master about the planned CIC and the documents expected during the inspection. Update the Safety Management System (SMS) as needed. Participating in webinars and using tools like DNV's PSC Planner can also aid in preparation.


What is the importance of training and familiarization of crew members for the CIC?

Training and familiarization of crew members are crucial for a successful CIC inspection. The master and officers should be well-versed in their duties and the supplementary checklist. Crew members should be familiar with the CIC questionnaire to provide accurate information during the inspection.


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