Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Maritime Labour Convention, 2006 (MLC, 2006) - Jamaica (Ratification: 2017)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes, concerning the amendments to the Code of the Convention approved by the International Labour Conference in 2022, that Jamaica has indicated that it will be bound by them only after a subsequent express notification of their acceptance.

Impact of the COVID-19 pandemic. The Committee notes the Government’s indication, in reply to the observations submitted by the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS) in 2020 and 2021, that in September 2021 seafarers were designated as key workers. As a result, they were allowed to transit the country to join or leave ships without having to comply with COVID-19 protocols applicable to other persons. The Committee takes note of this information.

Article I of the Convention. General questions on application. Implementing measures. While welcoming the fact that the Shipping (Amendment) Act, 2020 amending the Shipping Act, 1998 (referred also as the ‘principal Act’) implements some requirements of the Convention, the Committee observes that a number of provisions have still not been given effect yet. The Committee accordingly requests the Government to adopt without delay the necessary measures to give full effect to the Convention, taking into account the matters raised below.

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers and apprentices. The Committee notes that, in response to its previous request, the Government refers to section 114(A) of the Shipping (Amendment) Act, 2020, which provides that ‘seafarer’ shall be deemed to (a) include any person engaged by or on behalf of the owner of a ship to perform any work on board a ship (for example, manning the operations of the ship, shop-keeping, providing entertainment or food services, bartending, cosmetology or any form of hospitality); and (b) exclude any person engaged solely to perform a task which is not part of the routine operations of the ship or part of the services or amenities offered on board the ship. The Committee notes with interest that masters and apprentices are no longer excluded from the definition of a seafarer.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. In reply to the Committee’s previous comment, the Government refers to section 127(4) of the Shipping (Amendment) Act, 2020, which provides that for seafarers under the age of 18 any type of work that is likely to jeopardize his or her health and safety is prohibited. Section 127(5)(b) stipulates that the question of whether any work is likely to jeopardize the health or safety of a person under the age of 18 years shall be settled by the Minister responsible for labour: (i) in any particular case, upon the written request of any interested person; or (ii) generally as to any class or category of work, in written directions issued by the Minister. Noting the Government’s indication that steps will be taken to adopt the list of types of work considered hazardous as required by Standard A1.1, paragraph 4, the Committee requests the Government to adopt such list without delay after consultation with shipowners’ and seafarers’ organizations.

Regulation 1.4 and the Code. Recruitment and placement. Referring to its previous comment, the Committee notes the Government’s indication that it has started dialogue with relevant stakeholders to address the gaps identified in the Employment Agencies Regulations Act, 1957, to give effect to the MLC, 2006. While welcoming the process, the Committee requests the Government to adopt the necessary measures without delay to give effect to Regulation 1.4 and the Code.

Regulation 2.1 and Standard A2.1, paragraph 1(a) and (c). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. Signed original. In reply to the Committee’s previous comment, the Government specifies that the legislation does not currently ensure that the seafarer’s employment agreement (SEA) is signed by the shipowner or the shipowner’s representative and that amendments will be made to address this matter. With respect to the requirement of Standard A2.1, paragraph 1(c), that the shipowner and seafarer concerned shall each have a signed original of the SEA, the Committee notes with interest that section 120(c) of the Shipping Act, 1998, was amended by the Shipping (Amendment) Act, 2020, and provides that the copy of the agreement shall be signed in duplicate, and one part shall be forwarded to the owner, and the other part shall be given to the seafarer. The Committee requests the Government to adopt the necessary measures to ensure that full effect is given to Standard A2.1, paragraph 1(a), ensuring that in all cases SEAs are signed by the shipowner.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes the Government’s indication that section 117 of the principal Act, was amended by the Shipping (Amendment) Act, 2020, to incorporate the requirements of Standard A2.1, paragraph 4. While noting that the amended legislation takes into consideration almost all the matters to be included in a SEA, the Committee, however, observes that the national provisions do not refer to the place where and date when the SEA is entered into, as required by Standard A2.1, paragraph 4(c), but instead to the place and date at which each seaman is to be on board or to begin work. The Committee requests the Government to indicate the measures taken or envisaged to give full effect to Standard A2.1, paragraph 4(c).

Regulation 2.1 and Standard A2.1, paragraph 5. Seafarers’ employment agreements. Minimum notice period for termination. The Committee notes the Government’s reference to the Shipping (Amendment) Act, 2020, which incorporated, under section 117(5) of the principal Act, the requirement of the Convention related to the minimum notice for the early termination of the SEA. While welcoming this information, the Committee observes that there is no indication on provisions ensuring the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons (Standard A2.1, paragraph 6). The Committee accordingly requests the Government to adopt the necessary measures to ensure compliance with Standard A2.1, paragraph 6.

Regulations 2.1 and 2.2 and Standard A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code of the Convention, the Committee notes the Government’s indication that there are currently no legislative provisions implementing this Standard and that amendments will be made to the Shipping Act, 1998, to incorporate its requirements. The Committee requests the Government to adopt the necessary measures to give effect to Standard A2.1, paragraph 7, and Standard A2.2, paragraph 7.

Regulation 2.2 and the Code. Wages. The Committee notes that the Shipping (Amendment) Act, 2020, inserted provisions with respect to the wages of seafarers. Section 133(b) provides that the owner or other person responsible for employing the crew of a Jamaican ship shall, subject to the terms of the relevant crew agreement, pay to each seaman employed on that ship, his wages at such regular intervals being intervals of not more than one month apart, and in accordance with any applicable collective bargaining agreements as may be provided in the agreement. While noting that this new provision is in compliance with the Convention, the Committee, however, observes that section 133(a) of the principal Act still provides permits the wages to be paid “if demanded, within two days after the arrival of the ship at the port where the crew is to be discharged or upon the seaman’s discharge, whichever first happens”. The Committee understands that under this provision, if demanded by the seafarer, it is possible to depart from the requirement that seafarers must be paid at no greater than monthly intervals. Observing that section 133(a) of the Shipping Act, 1998, is not in conformity with the requirement of Standard A2.2, paragraph 1, the Committee requests the Government to adopt the necessary measures without delay to ensure that seafarers, in all cases, are paid at no greater than monthly intervals.

Regulation 2.3 and the Code. Hours of work and hours of rest.Noting that the Shipping (Amendment) Act, 2020, does not incorporate the requirements of Regulation 2.3 and the Code and that the Government provides no new information in this regard, the Committee requests the Government to provide information on the measures taken or envisaged to ensure compliance with the obligation to regulate hours of work or hours of restthat are consistent with the provisions in the Code.

Regulation 2.3 and Standard A2.3, paragraphs 8. On call work. Immediate safety and distress at sea. Compensatory rest.In the absence of reply on this matter in the Government’s report, the Committee requests the Government to indicate the measures taken to ensure full conformity with Standard A2.3, paragraph 8.

Regulation 2.4 and Standard A2.4, paragraphs 1, 2 and 3. Entitlement to leave. Minimum paid annual leave. Method of calculation. Prohibition of agreements to forgo annual leave. The Committee notes that the Shipping (Amendment) Act, 2020, does not incorporate the requirements of Regulation 2.4 and the Code and that the Government has not provided information on how it ensures compliance with this provision of the Convention. The Committee accordingly requests the Government to adopt the measures without delay to comply with Standard A2.4, paragraphs 1 and 2.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. Noting that the Government provides no information in this respect, the Committee requests it to indicate the measures adopted to ensure that seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational requirements of their positions in accordance with Regulation 2.4, paragraph 2.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee notes that, in response to its previous comment, the Government refers to section 194(5) of the Shipping (Amendment) Act, 2020, which provides that any provision in the SEA requiring a minimum term of employment exceeding 12 months to be served before a seafarer is entitled to the rights conferred by this section shall be void and of no effect. The Committee recalls that the duration of the SEA should be distinguished from the maximum period of service on board. It further recalls that from the combined reading of Standard A2.4, paragraph 3, on annual leave, and Standard A2.5.1, paragraph 2(b), on repatriation, the maximum continuous period of shipboard service without leave is, in principle, 11 months. The Committee therefore requests the Government to take the necessary measures to ensure conformity with Standard A2.4, paragraph 3, and Standard A2.5.1, paragraph 2(b).

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. In reply to the Committee’s previous comment, the Government refers to section 194A(2) of the Shipping (Amendment) Act, 2020. The Committee observes that the necessary maintenance and support listed under this section relates to the essential needs of the seafarer to be covered by the financial security system in the case of abandonment and not to the precise entitlements to be accorded by shipowners for repatriation, as provided for under Standard A2.5.1, paragraph 2(c), and Guideline B2.5.1, such as the mode of transport and the items of expense to be covered and other arrangements to be made by shipowners. The Committee requests the Government to indicate the measures taken to ensure compliance with Standard A2.5.1, paragraph 2(c).

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes that the Shipping (Amendment) Act, 2020, introduced some of the requirements of Standard A2.5.2 with respect to the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. Section 194A(1) provides that “a seafarer shall be deemed to have been abandoned by the owner of the ship in any case where contrary to the provisions of this Act or the terms of the seafarer’s employment agreement and any applicable collective bargaining agreement, for a period of not less than two months the owner of the ship – (a) fails to cover the cost of the seafarer’s repatriation; (b) leaves the seafarer without the necessary maintenance and support; or (c) otherwise unilaterally severs ties with the seafarer and fails to pay wages payable by the shipowner to the seafarer”. The Committee notes that this provision is not in conformity with the requirements of the Convention as the requirements of less than two months should not apply to points (a) and (b) of section 194A(1). The Committee accordingly requests the Government to adopt the necessary measures without delay to ensure full conformity with Standard A2.5.2, paragraph 2.The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment indemnity.In the absence of information in this regard, the Committee requests the Government to take the necessary measures to ensure that seafarers are entitled to adequate compensation in the case of injury, loss or unemployment arising from the ship’s loss or foundering, as required by Regulation 2.6, paragraph 1, giving due consideration to Guideline B2.6.1.

Regulation 2.7 and the Code. Manning levels. In reply to its previous comment, the Committee notes the Government’s indication that the Maritime Authority of Jamaica (MAJ) has Minimum Safe Manning requirements contained in its ISO procedures. While noting this information, the Committee observes that the Government does not indicate if the Safe Manning requirements contained in its ISO procedures and to which the Government refers covers ships of 500 GT or less. The Committee requests the Government to specify whether the MAJ Minimum Safe Manning requirements also apply to ships of less than 500 GT.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning Levels. Food and catering. The Committee notes that the Government provides no information in this respect. The Committee recalls that, in accordance with Standard A2.7, paragraph 3, when determining manning levels, the competent authority shall take into account all the requirements of Regulation 3.2 and Standard A3.2 concerning food and catering, and particularly the obligation to have a fully qualified cook on board. The Committee requests the Government to take the necessary measures without delay to ensure compliance with this requirement of the Convention.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. Referring to its previous comment, the Committee notes the Government’s indication that, while there is no written policy in this respect, the Public Relation Department of the Caribbean Maritime University (CMU) uses social media and advertisements in the press to encourage persons to pursue a career at sea during the commemoration of International Day of the Seafarer and World Maritime Week. In addition, the Maritime Authority of Jamaica is initiating a campaign to introduce youngsters to careers at sea. Recalling that Regulation 2.8 and the Code require the adoption of policies to encourage career and skill development and greater employment opportunities for seafarers by all Members that have seafarers domiciled in their territory, the Committee requests the Government to provide information on any measure adopted to give effect to this provision of the Convention.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee observes that the Government provides no information in reply to the point raised in its previous comment and that the Shipping (Amendment) Act, 2020, does not contain provisions implementing Regulation 3.1 and the Code. Recalling that Standard A3.1 calls on Members to adopt laws and regulations in order to ensure that ships flying its flag meet minimum standards for accommodation and recreational facilities and are inspected to ensure initial and ongoing compliance with those standards, the Committee requests the Government to take the necessary measures without delay to give effect to these requirements of the Convention.

Regulation 3.2 and Standard A3.2, paragraph 2(b). Food and catering organization and equipment. Observing that the Government has not provided information on the adoption of national provisions to implement Regulation 3.2 and the Code on food and catering, the Committee requests the Government to adopt the necessary measures without delay to comply with these requirements of the Convention.

Regulation 4.1 and the Code. Medical care on board and ashore. With regard to Regulation 4.1, the Committee notes the Government’s reference to the Shipping (Amendment) Act, 2020, amending sections 171 and 194A of the principal Act. The Committee, however, notes that the provisions to which the Government refers do not specify what is required with respect to access to health protection and medical care on board, as set out under Standard A4.1. The Committee recalls that, under Regulation 4.1 and Standard A4.1, paragraph 1, to the extent consistent with the Member’s national law and practice, medical care and health protection services must be provided free of charge to seafarers while on board ship or landed in a foreign port. The Committee requests the Government to adopt the necessary measures without delay to give effect to the detailed requirements of Regulation 4.1 and the Code.

Regulation 4.2 and Standard A4.2.1, paragraph 3. Shipowners’ liability. Incapacity. The Committee notes with interest that section 171(2) and (3) of the Shipping (Amendment) Act, 2020, introduced the requirements of Standard A4.2.1, paragraph 3. The Committee takes note of this information, which addresses its previous request.

Regulation 4.2, Standard A4.2.1, paragraphs 1(b) and 8 to 14, and Standard A4.2.2, paragraph 2. Shipowners’ liability. Minimum standards. Death or long-term disability. Financial security. The Committee notes that section 171(4) of the Shipping (Amendment) Act, 2020, provides that the owner of the ship shall make adequate financial provision to assure compensation to seafarers working on board the ship (or the seafarer’s estate, as the case may require), in the event of the death or long-term incapacity of any such seafarers due to occupational injury, sickness or hazard. While noting this information, the Committee, however, observes the Government’s indication that the legislation does not yet address the system of financial security and the requirements of Standard A4.2.1, paragraph 8 to 14 and Standard A4.2.2, paragraph 2, and that the Shipping Act, 1998 will be amended accordingly. The Committee requests the Government to take the necessary measures without delay to give effect to these provisions of the Convention.

Regulation 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability. Safeguarding of property left on board. The Committee notes that section 171(6) of the Shipping (Amendment) Act, 2020 refers to the return of the property of the seafarer to his/her next of kin in the event of injury or death. However, there is no reference to the safeguard of the seafarer’s property in the event of sickness. The Committee requests the Government to indicate how full effect is given to this provision of the Convention.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. In reply to its previous comment, the Committee notes that the Government indicates that there are currently no provisions in the legislation implementing the requirements of Regulation 4.3 and the Code, and that the Shipping Act, 1998 will be amended to incorporate them. The Committee requests the Government to take the necessary measures without delay to give full effect to the provisions of the Convention.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. In reply to the Committee’s previous comment, the Government indicates that there are currently no shore-based seafarer welfare facilities in the country due to financial and other resource challenges. Recalling the importance for the well-being of seafarers of access to shore-based welfare facilities, the Committee requests the Government to provide information on the measures envisaged to promote the establishment of welfare facilities in appropriate ports.

Regulation 4.5 and the Code. Social security. In reply to its previous request, the Committee notes the Government’s indication that Jamaica has bilateral social security reciprocal agreements with the United Kingdom, Canada (Quebec) and CARICOM countries (i.e. Antigua and Barbuda, Bahamas, Barbados, Belize, St Kitts and Nevis, Dominica, Grenada, Guyana, Montserrat, St. Lucia, Trinidad and Tobago and St Vincent and the Grenadines). The Government specifies that these agreements enable countries to coordinate their social security programmes, thus protecting certain social security rights and providing for continuity of coverage for citizens and migrants. The Committee further observes that both the National Insurance Act, 1966 and the Health Fund Act provide social security and health benefits to persons who are resident in Jamaica. The Committee takes note of this information, which addresses its previous request.

Regulation 4.5 and Standard A4.5, paragraph 6. Social security for non-resident seafarers. Comparable benefits for seafarers in the absence of adequate coverage. The Committee notes that, in response to its previous request, the Government of Jamaica is exploring its ability to provide benefits to non-resident seafarers working on ships flying its flag who do not have adequate social security coverage. The Committee requests the Government to provide updated information on the progress made in this regard.

Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes the Government’s indication, in reply to its previous comment, that flag State implementation has been delegated to Recognized Organizations (ROs) with procedures in place for the monitoring of ROs. It also indicates that further amendments will be made to the Shipping Act, 1998 to incorporate the requirements of the Convention. The Committee requests the Government to adopt the necessary measures without delay to give effect to Regulation 5.1 and the Code with respect to the obligation to establish an effective system for the inspection and certification of maritime labour conditions prescribed by the MLC, 2006 and to provide updated information on the progress made in this regard.

Regulation 5.1.1. Standard A5.1.1, paragraph 2. Flag State responsibilities. Copy of the MLC, 2006, on board. Referring to its previous comment, the Committee notes the Government’s indication that there are no statutory provisions requiring all ships that fly its flag to have a copy of the Convention available on board and that the Maritime Authority of Jamaica will implement this provision through administrative measures. The Committee requests the Government to take the necessary measures to give full effect to this requirement of the Convention and to provide information on the progress made in this regard.

Regulation 5.1.2 and Standard A5.1.2, paragraphs 1 and 3. Flag State responsibilities. Authorization of recognized organizations. Recognition. The Committee notes the Government’s reference, in response to its previous request, to Appendix II of its report with respect to Procedural Manual – Appointment of Recognized Organizations. Observing that this document has not been communicated, the Committee requests the Government to provide a copy of such document and to indicate how it reviews the competence and independence of recognized organizations, including information on any system established for oversight and communication of relevant information to such organizations, as required under Standard A5.1.2, paragraphs 1 and 3.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance.Noting that the Government has not replied on this point and bearing in mind the crucial importance of these documents for the enforcement of the Convention, the Committee requests the Government to adopt without delay the necessary measures to give effect to Regulation 5.1.3 and the Code.

Regulation 5.1.4 and the Code. Flag State responsibilities.Noting that the Government has not replied to its previous request and that the Shipping (Amendment) Act, 2020 does not cover the requirements of the Regulation 5.1.4 and the Code, the Committee requests it to indicate the measures adopted or under preparation to give full effect to these provisions of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraph 3. Flag State responsibilities. Inspection and enforcement. While noting that the Government’s indication that the training of inspectors and surveyors are done in accordance with the attached procedural manuals, attached in Appendix III of the Government’s report, the Committee, however, observes that such document has not been communicated. The Committee requests, once again, the Government to indicate how effect is given to Standard A5.1.4, paragraph 3, to ensure that inspectors have the training, competence, terms of reference, powers, status and independence necessary or desirable so as to enable them to carry out the verification ofworking and living conditions in compliance with the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 3, 6, 11(a) and 17. Flag State responsibilities. Qualification, status and conditions of service of inspectors.Noting the Government’s indication that there are currently no provisions in the legislation and that the Shipping Act, 1998 will be amended to incorporate this Standard, the Committee requests the Governmentto take the necessary measures to give full effect to these requirements of the Convention and to provide information on the progress made in this regard.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 5, 10 and 11(b). Flag State responsibilities. Procedures for receiving and investigating complaints. Confidentiality of sources of grievances or complaints.Noting that the Government has not replied on this point, the Committee requests the Government to indicate the measures adopted or under preparation to give full effect to these provisions of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Reporting on inspections.Noting the Government’s indication that the Shipping Act, 1998 will be amended to incorporate this Standard, the Committee requests the Government to take the necessary measures to ensure full conformity with Standard A5.1.4, paragraph 12, to ensure that inspectors are required to submit a copy of the inspection report to the master and that a copy be posted on the ship’s noticeboard and to provide information on the progress made in this regard.

Regulation 5.1.5 and Standard A5.1.5. Flag State responsibilities. On board complaint procedures. Noting the Government’s indication that the Shipping Act, 1998 will be amended to incorporate this Standard, the Committee requests the Governmentto take the necessary measures to give full effect to these requirements of the Convention and to provide information on the progress made in this regard.

Regulation 5.1.6, paragraphs 1 and 2. Flag State responsibilities. Marine casualties. Observing that the Government has not replied on this point, the Committee requests the Government to indicate the measures taken or envisaged to give effect to the requirement of Regulation 5.1.6, paragraphs 1 and 2, that each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life that involves a ship that flies its flag and that the final report of the inquiry shall normally be made public.

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. The Committee notes the information provided by the Government with respect to the qualifications and experience required for carrying out port State control. While noting this information, the Committee, however, observes that port State inspections do not seem to currently verify that the matters inspected are in conformity with the requirements of this Convention (including seafarers’ rights) relating to the working and living conditions of seafarers on a ship. The Committee therefore requests the Government to take the necessary measures to give full effect to Regulation 5.2.1 and Standard 5.2.1.

Regulation 5.2.1 and Standard A5.2.1, paragraph 8. Port State responsibilities. Inspections in port. Compensation for undue detention of a ship. Noting the absence of information on this point, the Committee requests the Government to indicate the measures adopted or under preparation to give full effect to this provision of the Convention.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes the Government’s information that a registrar of seafarers has been appointed who receive and address complaints from seafarers. While welcoming this information, the Committee observes that the Government has not provided detailed information as to how its procedures meet the requirements of the Convention for the onshore handling of seafarers’ complaints. The Committee requests the Government to indicate how it gives effect to all aspects of Regulation 5.2.2 and the Code.