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

Maritime Labour Convention, 2006 (MLC, 2006) - Germany (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 also notes the observations made by the German Confederation of Trade Unions (DGB), received on 28 August 2025. The Committee further notes that the amendments to the Code approved by the International Labour Conference in 2018 and 2022 entered into force for Germany on 26 December 2020 and 23 December 2024, respectively.

Article I of the Convention. General questions on application. Implementing measures. The Committee takes note of the observations made by the DGB that the Government has not yet transposed into national law the 2022 amendments to the Code of the Convention. The Committee requests the Government to indicate the measures taken to implement the 2022 amendments to the Code of the Convention and to reply to the questions included in the revised report form in its next report, indicating in each case the applicable national provisions. The Committee further notes the DGB’s indication that while the Government refers to the Collective Agreement (HTV-See) and the Framework Collective Agreement for German Maritime Shipping (MTV-See) as the regulatory frameworks for the implementation of the requirements of the MLC, 2006, both collective agreements have not yet been declared generally binding and formally apply only to ver.di (United Services Union) members on ships flying the German flag. The Committee requests the Government to provide its comments in this respect.

Article II, paragraphs 1(f), 2, 3 and 7. Definitions and scope of application. Seafarers. National Determination. Trainees. The Committee notes the Government’s indication, in reply to its previous comment, that persons employed for their vocational training are considered seafarers under section 3(1) of the Maritime Labour Act (SeeArbG) (hereafter, the “MLA”). Concerning pupils at technical schools and students at universities or institutes of applied sciences undergoing training who, in accordance with Länder legislation, must undertake practical on-board training, the Committee notes the Government’s detailed explanations on the comprehensive protection provided for them under the MLA, as specified in Section 3(4) of this Act, although they are not considered as seafarers. The Committee takes notes of this information.

Regulation 2.2 and Standard A2.2, paragraph 7. Wages. Captivity as a result of acts of piracy or armed robbery against ships. The Committee notes with interest the Government’s indication that the MLA was amended to give effect to the 2018 amendments to the Code of the MLC, 2006. According to section 37(3) of this Act, a crew member who is held captive on board or outside the ship as a result of acts of piracy or armed robbery on board the ship shall be entitled to continued payment of the agreed wages until his release and proper repatriation or, in the event of death during captivity, until the time of death has been determined. The Committee takes note of this information.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. Abandonment. The Committee notes the example of financial security document provided by the Government, as well as the reference to section 76a of the MLA, which implements the 2014 amendments to the Code of the Convention regarding abandonment of seafarers. The Committee takes note of this information, which addresses its previous request.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning levels. Food and catering. In reply to the Committee’s previous comment, the Government indicates that section 7 of the Safe Manning Ordinance (SchBesV) provides that every ship must have a ship’s cook who is trained and qualified to prepare food; ships with less than ten crew members do not need to engage a ship’s cook if the crew member responsible for the preparation of food has received training or instruction in the areas of food and personal hygiene and the handling and storage of provisions on board. The Committee takes note of this information, which addresses its previous request.

Regulation 4.2 and Standards A4.2.1, paragraphs 8–14, and A4.2.2. Shipowners’ liability. Financial security. The Committee notes that, in reply to its previous request, the Government refers to Books I and VII of the Social Security Code, as well as to Section 106a of the MLA, which give effect to the majority of the requirements of StandardA4.2.1, paragraphs 8–14. The Committee notes however that the Government has not specified how it gives effect to Standard A4.2.1, paragraphs 8(a), (b) and (e) and 13, and Standard A4.2.2, paragraph 3. The Committee accordingly requests the Government to indicate the relevant national provisions giving effect to these requirements of the Convention. It further requests the Government to provide a copy of a model certificate or other documentary evidence of financial security issued by the relevant authority for the cases where the statutory accident insurance applies, containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).