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

Maritime Labour Convention, 2006 (MLC, 2006) - Nigeria (Ratification: 2013)

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2022 entered into force for Nigeria on 23 December 2024. In relation to these amendments, the Committee draws the Government’s attention to the questions included in the revised report form and requests the Government to reply to such questions in its next report, indicating in each case the applicable national provisions.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes that, in reply to its previous comment concerning the implementation of the Convention, the Government refers primarily to the National Joint Industrial (NJIC) Collective Bargaining Agreement on Conditions of Service for Nigerian Seafarers in Coastal Sectors 2023 (hereafter “NJIC (CBA) 2023-2025”) as well as to the ongoing process to amend the merchant shipping Act, 2007 and enact the Merchant Shipping (Maritime Labour Convention) Regulation. The Committee observes that while the Convention was ratified in 2013, the current maritime legislation does not give full effect to some of its key requirements. The Committee therefore requests the Government to adopt without further delay the necessary measures to give full effect to the Convention, taking into account the matters raised below and to provide a copy of the amended legislation once adopted.

Article II, paragraph 1(f) and 2. Definitions and scope of application. Seafarers. In reply to the Committee’s previous comment, the Government refers to article 1, paragraph 1(1) of the NJIC (CBA) 2023-2025 which stipulates that “this agreement expressly incorporates the provision of the MLC, 2006 as amended and applies to all seafarers on all ships covered by the Convention”, and to the proposed amendment to the legislation. The Committee requests the Government to adopt such measures without delay and to provide a copy of the relevant provisions once available.

Article II, paragraphs 1(i), 4, 5 and 6. Definitions and scope of application. Ships. The Committee notes the Government’s indication, in reply to its previous comment, that the 4th Technical Tripartite Workshop and Reporting on the MLC, 2006, which was held in December 2024, noted the provision of article 1, paragraph 1(1) of the NJIC (CBA) 2023–25 which relates to the definition and scope of a ship. The Government further states that the ongoing amendment to the legislation has covered the Committee’s observation on this point. The Committee requests the Government to take the necessary measures without delay to amend its legislation to ensure full compliance with the Convention.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age.Noting the Government’s reply that measures to give effect to Standard A1.1 are captured in the proposed amendment to the legislation which will be passed into law in due course and copies made available when enacted, the Committee requests the Government to take the necessary steps without further delaytoalign its legislation with this requirement of the Convention and to transmit copy of any relevant texts adopted.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. Noting the Government’s indication that the requirements of Standard A1.1, paragraphs 2 and 3 will be given effect through the proposed amendment to the legislation, the Committee requests the Government to adopt the necessary measures without delay to ensure full conformity with the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes the Government’s indication that it has taken into account the Committee’s previous comment through article 1, paragraph 1(1) of the NJIC (CBA) 2023-2025 and the proposed amendment to the legislation. The Committee further observes that the Declaration of Maritime Labour Compliance (hereafter “DMLC), Part I submitted by the Government does not provide for the absolute prohibition of types of work that are considered to be hazardous for seafarers under the age of 18, besides ship’s cook. The DMLC, Part II reproduces the list provided for under Guideline B4.3.10 of types of work determined to be potentially hazardous but which may be performed by young seafarers under appropriate instruction and supervision as part of their training. The Committee requests the Government to adopt the necessary measures without delay to ensure full compliance of Standard A1.1, paragraph 4, including the adoption of the list of types of work that are to be prohibited, without exception, for seafarers under the age of 18.

Regulation 1.2 and the Code. Medical certificate. Referring to its previous comments, the Committee observes that the provisions of the NJIC (CBA) 2023-2025 do not give effect to the detailed requirements of Regulation 1.2 and the Code. The Committee takes note of the Government’s indication that national provisions giving effect to these requirements are included in the proposed amendments to the Merchant Shipping Act, 2007 which will be passed into law in due course and in the Merchant Shipping (Maritime Labour Convention) Regulation. The Committee requests the Government to adopt the necessary measures without delay to ensure full conformity with the Convention.

Regulation 2.1 and Standard A2.1, paragraph 1(a). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative.Noting that until the amendment to the Merchant Shipping Act, 2007 is adopted the national measures in force do not give effect to Standard A2.1, paragraph 1(a), the Committee requests the Government to adopt the necessary measures, without delay, to give effect to this requirement of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 1(c). Seafarers’ employment agreements. Signed original. Noting the Government’s indication that the requirement of Standard A2.1, paragraph 1(c) that seafarers are given in all cases an original agreement signed by both the seafarer and shipowner or a shipowner’s representative is encompassed within the proposed amendment to the current legislation, the Committee requests the Government to adopt the necessary measures without delay to ensure the conformity of the national legislation with this provision of the Convention.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. In reply to its previous comments, the Committee notes that the Government refers to Part IX of the Merchant Shipping Act 2007 and indicates that, currently, the seafarer’s record of service and discharge book contains the details of the seafarer’s quality of work, and considers this to be line with the provisions of Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. The Committee notes however that section 110(1) of the Merchant Shipping Act, 2007, provides that when a seaman is discharged before the superintendent, the master shall make and sign, in the prescribed form, a report of the conduct, character and quality of the seaman discharged, or may state in the form that he declines to give any opinion upon any or all of the particulars, which is not in conformity with the Convention. The Committee recalls that under Standard A2.1, paragraph 3, the document containing a record of employment shall not contain any statement as to the quality of the seafarers’ work or as to their wages. The Committee requests the Government once again to review its legislation to ensure conformity with Standard A2.1, paragraphs1(e) and 3.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes the Government’s indication, in reply to its previous comment, that the NJIC (CBA) 2023-2025 and the DMLC, Parts I and II, cover the content of the seafarer’s employment agreement (hereafter “SEA”). While noting this information, the Committee recalls that the Convention calls for the adoption of laws and regulations specifying the matters to be included in all SEAs governed by the national law of the Member. The Committee requests the Government to take the necessary measures to ensure that the amendment to the legislation gives full effect to Standard A2.1, paragraph 4.

Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreements. Minimum notice period for termination. The Committee observes that articles 18.2 and 18.3 of the NJIC (CBA) 2023-2025 provide that the minimum notice period for termination to be given by both parties is one month. Recalling that pursuant to Standard A2.1, paragraph 5, each Member shall adopt laws or regulations establishing minimum notice periods to be given by the seafarers and shipowners for the early termination of a seafarer’s employment agreement, the Committee requests the Government to adopt without delay the necessary measures to give effect to this provision of the Convention, including the possibility of a shorter period of notice in cases of “compassionate or other urgent reasons”, as stated in paragraph 6 of this Standard.

Regulation 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, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions.

Regulation 2.2 and Standard A2.2, paragraph 1. Wages. Regular payment. The Committee notes that pursuant to section 125(1) of the Merchant Shipping Act, 2007, the master of every ship shall, before paying off or discharging a seaman in Nigeria, deliver at the time and in the manner provided by this Act a full and true account, in the prescribed form, of the seaman’s wages and of all deductions to be made from the seaman’s wages on any account whatever. The Committee further observes that section 128(1) of the same Act provides that a seafarer shall be paid at the time when he/she lawfully leaves the ship at the end of his/her engagement, one fourth of the balance of wages due, and then the remainder of the wages within two clear days, exclusive of any Sunday or public holiday, after he so leaves the ship. Section 129(1) provides that the owner or master of every Nigerian ship, other than a foreign going ship, shall pay to each seaman his wages within two days after the termination of the agreement with the crew, or at the time when the seaman is discharged, whichever first occurs. The Committee recalls that pursuant to Standard A2.2, paragraph 1 of the Convention, seafarers must be paid at no greater than monthly intervals and in full for their work in accordance with their employment agreements and any applicable collective agreement. It also notes that pursuant to Standard A2.2, paragraph 2, seafarers are entitled to an account each month indicating their monthly wage and any authorized deductions. The Committee requests the Government to ensure that these requirements are incorporated into the amendment to the legislation in order to fully comply with the Convention. It further requests the Government to provide information on any developments in this regard and to transmit copy of any relevant texts adopted.

Regulation 2.2 and Standard A2.2, paragraph 5. Wages. Allotments. The Committee observes that article 10, paragraph 1 of the NJIC (CBA) 2023 – 2025 and sections 127 to 134 of Merchant Shipping Act, 2007 to which the Government refers, do not give effect to the requirements of Standard A2.2, paragraph 5, of the Convention, that any charge for the service of transmitting earnings to seafarers’ families is reasonable in amount and the rate of currency exchange, unless otherwise provided, is, in accordance with national laws or regulations, at the prevailing market rate or the official published rate and not unfavourable to the seafarer. The Committee requests once again the Government to adopt the necessary measures to give full effect to the requirements of Standard A2.2, paragraph 5.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours standard. In reply to the Committee’s previous comment, the Government refers to the current national provisions establishing the regime of hours of work and hours of rest without however providing information as to whether the inconsistencies among the various existing provisions will be addressed in the framework of the ongoing labour law review process to ensure that the normal working hour’s standards for seafarers include one day of rest per week and rest on public holidays, as provided for under Standard A2.3, paragraph 3. The Committee requests once again the Government to adopt the necessary measures without delay to give effect to Standard A2.3, paragraph 3.

Regulation 2.3 and Standard A2.3, paragraphs 5, 6 and 13. Hours of work and hours of rest. Division of hours of rest. The Committee notes the Government’s indication, in response to its previous comment, that the requirements of hours of work and hours of rest have been incorporated notably in the NJIC (CBA) 2023-2025 under article 6, paragraph 1. While noting this information, the Committee observes that the provisions of the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations, 2010, are still not in conformity with the Convention as they do not provide for minimum hours of rest which shall not be less than 77 hours in any seven-day period. The Committee requests the Government to review the applicable legislation without delay to fully comply with Standard A2.3, paragraphs 5, 6 and 13.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee notes that the provisions of the Merchant Shipping Act, 2007 and of NJIC (CBA) 2023-2025, to which the Government refers, remain unchanged and do not ensure the right to repatriation of a seafarer at no cost to themselves, as provided for by the Convention, more specifically when the SEA is terminated by the seafarer for justified reasons (Standard A2.5.1, paragraph 1(b)(ii)) such as in the circumstance where he/she terminates employment by giving one month’s written notice of termination to the Company or the Master of the Ship and during the probationary period of 6 months of service where the seafarer terminates the employment prior to the expiration of the contract during this period. The Committee requests the Government to adopt the necessary measures to ensure that seafarers are entitled to repatriation at no cost to themselves in all circumstances foreseen in Standard A2.5.1, paragraph 1(b)(ii) and (2) in particular when the seafarers’ employment agreement is terminated by the seafarer for justified reasons.

Regulation 2.5 and Standard A2.5.1, paragraph 2. Repatriation. Circumstances. Maximum period of service on board.In the absence of new information in this regard, the Committee requests the Governmentto adopt the necessary measures to give full effect to the requirement of Standard A2.5.1, paragraph 2(b) that the maximum duration of service period on board following which a seafarer is entitled to repatriation shall be less than 12 months.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee observes that article 21.1 of the NJIC (CBA) 2023-2025 provides that the company may terminate the employment of a seafarer following an act of misconduct or incompetence which gives rise to a lawful entitlement to dismissal after a written notice given to the Seafarer specifying the misconduct or incompetence and, pursuant to article 21.2, in the event of the dismissal of a seafarer, the company shall be entitled to recover from the seafarer any balance of wages, the costs involved with his/her repatriation in addition to any costs incurred by the company arising from the seafarer’s misconduct. The Committee requests the Government to specify the procedure to be followed and the standard of proof to be applied before any seafarer covered by the Convention can be found to be in serious default of the seafarer’s employment obligations, pursuant to Standard A2.5.1, paragraph 3.

Regulation 2.5 and Standard A2.5.2, paragraph 2. Repatriation. Financial security. Abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee notes the Government’s indication that article 20 of the NJIC (CBA) 2023-2025 addresses the matter of the seafarer’s abandonment. The Committee observes that sections 117 et seq. regulate the relief and maintenance to be provided to a distressed seafarer. While noting this information, the Committee observes that the detailed requirements of Standard A2.5.2 are not given effect to under the national provisions. The Committee requests the Government to adopt the necessary measures without delay to comply with Standard A2.5.2. 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. Seafarer compensation for the ship’s loss or foundering.Noting the Government’s reply that it expects the passage of the amendments to the relevant legislation in the near future, the Committee requests the Government to take the necessary steps to that end without delay and to provide a copy of the relevant legislation once available.

Regulation 2.7 and Standard A2.7, paragraphs 1 and 3. Manning levels. In reply to the Committee’s previous comment with respect to manning levels, the Government refers to articles 14 and 15 of the NJIC (CBA) 2023-2025. The Government also indicates that the proposed amendment to section 2 of the Merchant Shipping (Safe Manning and hours of work) Regulations, 2010 is in line with the provisions of Regulation 2. 7 and Standard A2. 7 paragraphs 1 and 2, which will be passed into law in due course. The Committee requests the Government to adopt such measures without delay and to provide a copy of the relevant provisions once available.

Regulation 3.1 and Standard A3.1. Accommodation and recreational facilities. The Committee notes that the Merchant Shipping (Crew Accommodation) Regulations, 2010 provides for exceptions that depart from those permitted by the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133), as well as the MLC, 2006, in particular with respect to the requirements of Standard A3.1, paragraphs 6 (situation of sleeping rooms and headroom), 8 (lighting), 9 (minimum floor area in sleeping rooms), 10 (mess rooms), 11 (sanitary facilities), and 12 (hospital accommodation). Recalling that exemptions are possible only where they are expressly permitted by the Convention, the Committee requests the Government to specify whether the ongoing review of the legislation entails updating provisions on accommodation requirements for both ships whose keels were laid before and after 20 August 2013 and to take the necessary measures to comply fully with these requirements.

Regulation 3.2, paragraph 2. Food and catering. Food free of charge. The Committee had noted the Government’s indication that, in consultation with social partners and stakeholders, it will propose amending regulation 29(1) of the Merchant Shipping (Crew Accommodation) Regulations, 2010, to ensure that no exception is permitted to the provision of food free of charge to seafarers on board a ship during the period of engagement, as provided for under Regulation 3.2, paragraph 2. In the absence of new information in this regard, the Committee requests the Government to adopt the necessary measures without delay to ensure full conformity with Regulation 3.2, paragraph 2.

Regulation 3.2 and Standard A3.2, paragraph 2 (b). Food and catering. Organization and equipment.In the absence of new information in this regard, the Committee reiterates its previous request to the Government to adopt the necessary measures to ensure that the organization and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied and nutritious meals prepared and served in hygienic conditions is ensured,as provided for by Standard A3.2, paragraph 2(b).

Regulation 3.2 and Standard A3.2, paragraph 5. Food and catering. Dispensation of a fully qualified cook.Noting that, pursuant to regulation 5(3) of the Merchant Shipping (Manning) Regulations, 2010, the obligation to carry a certificated ship’s cook applies to “foreign going” ships of 1,000 gross tons or upwards, the Committee requests to the Government to adopt the necessary measures without delay to ensure that all ships operating with a prescribed manning of ten or more carry a fully qualified cook, as required by the Convention.

Regulation 4.1 and Standard A4.1, paragraph 1(c) and (d). Medical care on board and ashore. Right to visit a doctor or dentist in ports of call.Services provided free of charge.In the absence of new information in this regard and noting the inconsistencies between relevant national measures and the Convention, the Committee reiterates its requests to the Government: (i) to take the necessary steps to ensure that seafarers are given the right to visit a qualified medical doctor or dentist without delay in ports of call, where practicable (Standard A4.1, paragraph 1(c)); and (ii) to provide clarifications as to what are the medical health and health protection services provided free of charge to the seafarer while on board or landed in a foreign port (Standard A4.1, paragraph 1(d)).

Regulation 4.2 and Standard A4.2.1, paragraphs 2 and 4. Shipowners’ liability. Limits.In the absence of new information in this regard, the Committee requests the Government to take the necessary measures without further delay to ensure, in all cases, a coverage of a period of shipowners’ liability of not less than 16 weeks as required by Standard A4.2.1, paragraphs 2 and 4.

Regulation 4.2 and Standard A4.2.1, paragraph 5. Shipowners’ liability. Possible exclusion. Noting that the Government does not provide updated information on the question previously raised, the Committee requests the Government to adopt the necessary measures to fully comply with the requirement of the Convention that any exclusion to the shipowner’s liability to bear costs is limited to the cases foreseen in Standard A4.2.1.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee observes that article 28.1 of the NJIC (CBA) 2023-2025 provides that the seafarer shall be entitled to Protection and Indemnity Cover (P&I) without however giving further details about the financial security system in place. The Committeerequests the Government to adopt the necessary measures to fully give effect to the 2014 amendments. The Committee also reiterates its requests to the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention.Observing once again that the Government has not provided information on the adoption of regulations or specific measures adopted to implement Standard A4.3 on health and safety protection and accident prevention, the Committeerequests the Government to adopt without further delay the necessary measures to give effect to the detailed provisions of Regulation 4.3 and the Code.

Regulation 4.5 and the Code. Social security.In the absence of reply or new information in this regard, the Committee requests the Government once again to provide information on the measures adopted to provide seafarers ordinarily resident in Nigeria with protection for the branches of social security which it has declared applicable, specifying the applicable national provisions and including details of the benefits provided under each of the branches mentioned above. It further requests the Government to provide information on whether seafarers ordinarily resident in Nigeria working on ships operating under the flag of another country are provided with social security protection as required under Regulation 4.5 and the Code.

Regulation 5.2.1 and the Code. Port State responsibilities.Noting that the Government has not provided new information on this matter, the Committee requests once again the Government to indicate the measures taken to give effect given to the requirements of Regulation 5.2.1 and Standard A5.2.1, particularly on the guidance given to authorized officers as to the kinds of circumstances justifying detention of a ship.