In Brazil, the ordinary labour legislation is the cornerstone for all labour relations. However, for some types of employment contracts, common rules may be insufficient to fully regulate the labour relationship, thus requiring specific rules, collective bargaining agreements and other provisions to be applied. Maritime work is a classic example, given its peculiarities.

The International Labour Organization (ILO) was founded in 1919 and has been particularly concerned with maritime work since its creation. The analysis of Convention 7, enacted in 1920, concerning minimum age for employment at sea provides a relevant illustration. Over the years, 40 ILO Conventions directly related to maritime labour have been enacted, thus demonstrating a global concern for this category of work.

In 2006, ILO drafted a convention aiming to consolidate the standards contained in previous maritime labour conventions and other rules.

This instrument is known as the 2006 Maritime Labour Convention (MLC). This international convention entered into force on August 20, 2013 and has already been ratified by 93 countries, including Norway and Sweden. Although Brazil signed the Convention in 2006, it has not formally ratified it yet.

Nonetheless, it seems that the Brazilian legislative process is moving forward towards the ratification of the MLC, considering that in 2017 the Executive Branch sent messages to the National Congress with the intention of proceeding with the ratification.

In November 2018, the Committee on Foreign Affairs and National Defense of the Congress’ House of Representatives approved the messages favorable to the Convention and converted them into a Legislative Bill (no. 1.101/2018). The Bill was given a regime of urgency and sent to the Committee on Labour, Administration and Public Service, and the Committee of Constitution and Justice and Citizenship of the House of Representatives.

More recently, in July 2019, the Project Rapporteur in the Committee of Constitution and Justice and Citizenship issued a favorable opinion. This means that the ratification process is moving forward.

After an approval by the National Congress, the Bill will be forwarded to the President of the Republic for ratification. When these procedures are completed, Brazil will have formally ratified the Convention.

The ratification of the MLC is also in line with the Government’s agenda to stimulate maritime transportation, aiming, through a cabotage incentive program called “Br do mar”, to improve the number of Brazilian and foreign flag vessels operating in Brazilian waters.

The Convention has already been adopted by several countries and aims to give special protection to maritime workers around the globe, establishing minimum requirements for seafarers’ work conditions, accommodation, health, safety conditions and others. Vessels from countries that have not adopted the MLC may be subject to port state inspections when sailing to other countries, for the purpose of certifying that the work conditions on board meet the minimum standards.

The MLC 2006 is considered the fourth pillar among the most important maritime conventions, together with SOLAS, MARPOL and STCW Conventions.

Published in NordicLight magazine: http://www.swedcham.com.br/publico/nordic-light/Nordic-Light-Set2019-Dec2019.pdf