} Exemption of Trainees/Cadets from purview of MLC

Technical Circular No :139/2017

Subject: Exemption of Trainees/Cadets from purview of MLC 2006

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Government of India  vide M.S Notice 08/2017 has clarified the following provisions of MLC 2006 w.r.t  cadets and trainees  employed/working onboard Indian ships:

As the trainees/cadets are not covered under the prevailing collective bargaining agreements, they are exempted from the provision in respect of payment of wages applicable to other seafarers under prevailing CBA.

All other provisions of MLC 2006 as legislated in MS (Maritime Labour) Rules 2016 shall apply to trainees/cadets onboard Indian flag ships to which MLC 2006 apply except those exempted under MS Notice no. 5 of 2017 as below

  • “Maximum duration of service onboard to which the seafarer shall be entitled for repatriation shall be less than 12 months”. Now vide above notice the trainees/cadets may be allowed to continue onboard for a longer period in order to complete sea time required for appearing in examinations for certificate of competency.
  • “Social security measures “may not cover trainees/cadets onboard.

Enclosure:

1. M.S Notice 08 of 2017

2. M.S Notice 05 of 2017

Disclaimer:

This Technical Circular and the material contained in it is provided only for the purpose of supplying current information to the reader and not as an advice to be relied upon by any person. While we have taken utmost care to be as factual as possible, readers/ users are advised to verify the exact text and content of the Regulation from the original source/ issuing Authority.

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