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

Maritime Labour Convention, 2006 (MLC, 2006) - Seychelles (Ratification: 2014)

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 of the Convention approved by the International Labour Conference in 2022 entered into force for Seychelles 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 the Government’s indication that no new legislation has been adopted since its last report, and that further development of national legislation is necessary to fully align with the evolving requirements and comprehensive scope of the Convention. The Committee further notes that limited progress has been made regarding several issues of compliance with the Convention previously raised. The Committee accordingly requests the Government to adopt the necessary measures without delay to fully implement the provisions of the Convention, taking into account the points raised below.

Impact of the COVID-19 pandemic. In reply to its previous comments, the Committee notes the Government’s indication that ports remained opened during the COVID-19 period and access to healthcare including COVID-19 vaccination was provided to foreign seafarers while in Seychelles. Repatriation and crew changes were also possible during this period. The Committee takes note of this information.

Article II, paragraphs 1(f) and 2 of the Convention. Definitions. Scope of application. Seafarers. The Committee previously noted that section 3(1) of Part I of the Merchant Shipping (MLC) Regulations 2015, excluded from the definition of seafarers, among others, pupils who are serving an internship on board from technical and nautical schools and universities (subparagraph (l)); and students of any university undergoing training at training facilities and undergoing practical training and sea-service experience on a ship for this purpose (subparagraph (m)). Noting the Government’s information that it would amend the Regulations to provide to persons obtaining on training on board for the purpose of becoming seafarers the protection afforded by the Convention, the Committee requested the Government to provide information on any developments in this regard. Noting that the Government reiterates that the Seychelles Maritime Safety Authority (SMSA) is in the process of amending the Regulations, the Committee requests again the Government to take the necessary measures without delay to ensure that trainees are regarded as seafarers and are covered by the proposed legislation giving effect to the Convention.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee previously noted that: (i) no express prohibition of night work for young seafarers appears to exist in national legislation; and (ii) exceptions allowed, including section 6(vii), Schedule, Part I, of the Merchant Shipping (Maritime Labour Convention) Regulation, 2015 (allowing masters at their own discretion to decide whether young crew members can perform watchkeeping during the night), are not in conformity with the Convention. The Committee notes that, in reply to its previous comments, the Government indicates that the SMSA is in the process of amending the Merchant Shipping (MLC) Regulations, taking into consideration the Committee’s comments. The Committee requests again the Government to take the necessary measures to ensure full conformity with Standard A1.1, paragraphs 2 and 3.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. In its previous comments, noting that section 1(6), Part I, of the Merchant Shipping (MLC) Regulations 2015, provides for a list of restricted activities corresponding to the list of subparagraphs (a) to (l) of Guideline B4.3.10 paragraph 2, requested the Government to adopt the necessary measures to give effect to Standard A1.1, paragraph 4. The Committee notes that, in reply to its previous comments, the Government indicates that the SMSA is in the process of amending the Merchant Shipping (MLC) Regulations, taking into consideration the Committee’s comments. The Committee requests again the Government to take the necessary measures without delay to give full effect to Standard A1.1, paragraph 4, clearly distinguishing between types of work that are prohibited and those that can only be undertaken under adequate supervision.

Regulation 1.4 and the Code. Recruitment and placement. In reply to its previous comments, the Committee notes the Government’s indication that seafarers residing in Seychelles are generally recruited directly through local companies or through online platforms utilized by such companies. The Committee takes note of this information.

Regulation 2.1 and the Code. Seafarers’ employment agreements. In its previous comments, the Committee noted that the Government had provided an example of a seafarers’ employment agreement (SEA), which refers to the Merchant Shipping (MLC) Regulations 2015, but also states that the contracting parties agree that the employment agreement shall be governed by Liberian law. The Committee recalled that the terms and conditions for employment of seafarers on board ships flying its flag shall be subject to Seychelles’ national laws and regulations. The Committee notes that, in reply to its previous comments, the Committee notes the Government’s indication that the SMSA is in the process of amending the Merchant Shipping (MLC) Regulations, taking into consideration the Committee’s comments. Referring to its previous comments, the Committee requests the Government to amend without delay the SEAs applicable to seafarers working on board ships flying the flag of the Seychelles to provide that the working and living conditions thereof are subject to the legislation of Seychelles.

Regulations 2.1 and 2.2 and Standards 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 reply to its previous comments, the Committee notes the Government’s indication that no legislation currently exists in Seychelles giving effect to these provisions of the Convention. It further notes that the SMSA is in the process of amending the Merchant Shipping (MLC) Regulations, taking into consideration the Committee’s comments. The Committee requests the Government to take the necessary measures to give effect to Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7.

Regulation 2.3 and Standard A2.3, paragraphs 3 and 4. Hours of work and hours of rest. Normal working hours standard. Danger of fatigue. In the absence of clear provisions establishing that the normal working hours shall be based on an eight-hour day with one day of rest per week and rest on public holidays, taking into account the danger posed by the fatigue of seafarers, the Committee requested the Government to take the necessary measures to comply with the Convention. The Committee notes that, in reply to its comments, the Government indicates that the SMSA is in the process of amending the Merchant Shipping (MLC) Regulations, taking into consideration the Committee’s comments. The Committee requests again the Government to take without delay the necessary measures to ensure full conformity with Standard A2.3, paragraphs 3 and 4.

Regulation 2.3 and Standard A2.3, paragraphs 6 and 13. Hours of work and hours of rest. Division of hours of rest. Exceptions. In its previous comments, the Committee requested the Government to explain whether all the exceptions granted under the Merchant Shipping (MLC) Regulations, 2015, are provided within the framework of collective bargaining agreements; if not, it requested the Government to adopt the necessary measures to implement Standard A2.3. The Committee notes that, in reply to its previous comments, the Government indicates that the SMSA is in the process of amending the Merchant Shipping (MLC) Regulations and it will adopt the relevant measures to ensure that exceptions granted under the Regulations are provided within the framework of collective bargaining agreements. The Committee again requests the Government to take the necessary measures, without delay, to fully comply with Standard A2.3.

Regulation 2.5 and Guideline B2.5.1, paragraphs 6 and 7. Repatriation. In relation to Schedule, Part 2 – Conditions of Employment, section 9(5) of the Merchant Shipping (MLC) Regulations, 2015, the Committee requested the Government to indicate how it had given due consideration to Guideline B2.5.1, paragraphs 6 and 7. The Committee notes that, in reply to its previous comments, the Government indicates that it will address this point when updating the Merchant Shipping (MLC) Regulations. The Committee reiterates its previous request.

Regulation 3.1 and Standard A3.1, paragraphs 6–17. Accommodation and recreational facilities. Minimum requirements for accommodation. In its previous comments, the Committee requested the Government to indicate whether a Merchant Shipping Notice on crew accommodation had been adopted, which meets the requirements of the Convention. The Committee notes that, in reply to its comments, the Government indicates that the SMSA is currently in the process of finalizing national legislation, namely, the Seychelles Maritime Safety Authority (Administrative Issuances) Regulations, which will empower the Authority to properly issue and enforce Merchant Shipping Notices. The Committee again requests the Government to take without delay the necessary measures to give application to Standard A3.1.

Regulation 3.2 and Standard A3.2, paragraphs 2–6. Food and catering. Noting that the Merchant Shipping (MLC) Regulations, 2015, provides that various of the requirements of Standard A3.2 would be implemented by Merchant Shipping Notices, the Committee requested the Government to indicate whether Merchant Shipping Notices had been adopted, which meet the requirements of the Convention. In reply to its previous comments, the Committee notes the Government’s indication that the SMSA is currently in the process of finalizing national legislation, namely, the Seychelles Maritime Safety Authority (Administrative Issuances) Regulations, which will empower the Authority to properly issue and enforce Merchant Shipping Notices. The Committee reiterates its request to the Government to take without delay the necessary measures to give application to Standard A3.2, paragraphs 2–6.

Regulation 4.1 and Standard A4.1, paragraph 1(b). Medical care on board and ashore. Protection comparable to workers ashore. The Committee requested the Government to take the necessary measures to give effect to this provision. It notes that in reply to its previous comments, the Government indicates that it will take the necessary actions to give effect to this provision of the Convention. The Committee again requests the Government to adopt without delay the necessary measures to give effect to Standard A4.1, paragraph 1(b).

Regulation 4.1 and Standard A4.1, paragraphs 3 and 4(a) and (c). Medical care on board and ashore. On-board hospital and medical facilities, equipment and training. The Committee requested the Government to give effect to those provisions. In reply to its previous comments, the Committee notes the Government’s indication that the SMSA is in the process of amending the Merchant Shipping (MLC) Regulations, taking into consideration the Committee’s comments. The Committee reiterates its request to the Government to take the necessary measures to give application to Standard A4.1, paragraphs 3 and 4(a) and (c), without delay.

Regulation 4.3, paragraph 2. Health and safety protection and accident prevention. National guidelines. In reply to its previous comments, the Committee notes the Government’s indication that the necessary actions will be undertaken to align national legislation with the requirements of the Convention. The Committee again requests the Government to take the necessary measures to comply with Regulation 4.3, paragraph 2.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. In reply to its previous comments, the Committee notes that the Government reiterates that due to budget constraints the construction of a shore-based facility is yet to be discussed. The Committee again requests the Government to provide information on any development in this regard.

Regulation 4.5 and Standard A4.5, paragraphs 3 and 8. Social security. Protection for seafarers ordinarily resident in its territory. The Committee requested the Government to take the necessary measures to ensure that foreign seafarers residing in Seychelles have access to social security protection. In reply to its previous comments, the Committee notes the Government’s indication that discussions are still ongoing with the relevant authorities to address the matter. Additionally, the Government informs the Committee that the Seychelles Pension Fund is currently reviewing the national pension system with a view to the possible inclusion of migrant workers in the national pension scheme. This initiative is being carried out through the Ministry of Employment and Social Affairs, with the technical assistance of the ILO. While noting this information, the Committee again requests the Government to take without delay the necessary measures to ensure that all seafarers ordinarily resident in Seychelles are covered by social security protection in the branches specified.

Regulation 5.1.2 and Standard A5.1.2, paragraph 4. Flag State responsibilities. Authorization of recognized organizations. List provided to the ILO. In reply to its previous comments, the Committee notes the Government’s indication that the SMSA is in the process of amending the Merchant Shipping (Appointment of Surveyors) Regulations, taking into account the Committee’s comments. The Committee requests the Government to supply a current list of the recognized organizations authorized to act on its behalf, specifying the functions that they have been authorized to carry out.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee noted that the DMLC, Part I, submitted by the Government: (i) did not take into account the additional information required with respect to Regulations 2.5 and 4.2; and (ii) did not contain specific references to the national legislative instruments implementing the different requirements of the Convention. In reply to its previous comments, the Committee notes the Government’s indication that it will submit an updated DMLC, part I, in its next report. The Committee takes note of this information and requests the Government to submit an updated DMLC, part I, which is in conformity with the Convention.

Regulation 5.1.3 and Standard A5.1.3, paragraph 12. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Documents on board. The Committee noted that there is no clear indication as to whether these documents are posted in a conspicuous place on board where they are available to the seafarers. In reply to its previous comments, the Committee notes the Government’s indication that all SMSA flag State Surveyors have been instructed to ensure compliance during inspections. Noting that the Government’s reply does not address this issue, theCommittee again requests the Government to take the necessary measures to ensure full compliance with the requirements of Standard A5.1.3, paragraph 12, namely, that a current valid Maritime Labour Certificate and a DMLC, along with an English-language translation, are posted in a conspicuous place on board where they are visible and available to seafarers.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 3, 6, 10, and 11.Independence of inspectors and confidentiality of the sources of grievance. The Committee requested the Government to indicate any measures taken to give effect to this requirement of the Convention. In reply to its previous comments, the Committee notes the Government’s indication that the SMSA has completed the drafting of the regulation on recognized classification societies, which is currently under review for approval. The Committee requests the Government to take the necessary measures to give effect to Standard A5.1.4, paragraphs 3, 6, 10, and 11.

Regulation 5.1.4 and Standard A5.1.4, paragraph 4. Flag State responsibilities. Inspection and enforcement. Intervals of inspection. In reply to its previous comments, the Committee notes the Government’s indication that the prescriptions of the Convention concerned are reflected in Regulation 3(d) of the Merchant Shipping (Local Voyages) (Safety) Regulations. The Committee takes note of this information.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 12, 13 and 14. Records of inspections by flag State inspectors. In its previous comment, the Committee requested the Government to provide information on how it ensures compliance with the requirements set out in Standard A5.1.4, paragraphs 12, 13, and 14, regarding the issuance, submission and recording of the flag State inspection reports. In reply to its comments, the Committee notes the Government’s indication that the SMSA has completed the drafting of the regulation on recognized classification societies, which is currently under review for approval. The Committee requests the Government to take the necessary measures to implement Standard A5.1.4, paragraphs 12, 13, and 14.

Regulation 5.1.6, paragraph 1. Flag State responsibilities. Marine casualties. Official inquiry. In reply to its previous comments, the Committee notes the Government’s indication that investigations are initiated by the Marine Accident Investigation Board. While noting this information, the Committee reiterates its request to the Government to clarify whether investigations are also initiated in cases of serious marine casualties that result in injuries without loss of life, and whether any report of inquiry into injuries or loss of life is made public.

Regulation 5.2.2 and Standard A5.2.2, paragraph 7. Port State responsibilities. Onshore seafarer complaint-handling procedures. Confidentiality of the complaints. The Committee requests the Government to take the necessary measures to ensure that procedure of complaints are available onshore for seafarers working on board all ships calling at Seychelles ports (not only to seafarers on board Seychelles flagged ships). In reply to its previous comments, the Committee notes the Government’s indication that it has submitted a copy of the amended Procedure for Lodging a Grievance, in accordance with the Merchant Shipping (Maritime Labour Convention) Regulation, 2015. However, the Committee observes that the amended text has not been made available. The Committee requests the Government to take the necessary measures to ensure that onshore complaints procedures are available to seafarers working on board all ships calling at Seychelles ports, and to guarantee the confidentiality thereof.