The Amendments of 2018 to the Code of the Maritime Labour Convention, adopted 5 June 2018, entered into force 26 December 2020 (see further the status of acceptance by parties). The amendments provide that parties shall require that a seafarer’s employment agreement (SEA) shall continue to have effect while a seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships (ARAS), including the continued benefit of wages and other entitlements under the SEA. Piracy is defined in the MLC Amendments of 2018 by reference to the UNCLOS definition of piracy (see Articles 101-103 of UNCLOS). The definition of ARAS in the MLC Amendments of 2018 follows the previous precedents found in IMO documents (IMO Assembly Resolution A.1025(26), Annex, Paragraph 2.2) and regional treaties (Article 1(2) of Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia).
For an example of domestic implementation of the MLC Amendments of 2018 see Singapore’s Merchant Shipping (Maritime Labour Convention) (Amendment) Act 2020.
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