Anyone who tries to write something interesting about the Maritime Labour Convention is probably wasting their time. It is already viewed by many as yet another piece of needless legislation aimed at controlling the perfect world of yachting.
It is important to understand that the MLC is designed to champion the rights of seafarers. Yacht crew are seafarers in case you didn’t know. In fact anyone who makes a living on the sea is defined in the MLC is a seafarer. So if you are one, the MLC is working for you. It is worth remembering the context of its aim because the bars will almost certainly contain anti MCA conspiracy theorists saying that the MLC is how the British Government is taking more money out of yachting in order to buy British MPs new Hybrid cars.
I have tried to link the incoming MLC with changes that yacht crew are likely to witness themselves. Contracts have been discussed in this regard and it is widely understood that contracts will have to have to be available to new crew members before they join their yacht. But, it is worthy of note that any contract issued must be lawful. So here’s the rub. How can the, presently common practice, of stipulating race or nationality as a requirement or conditions of employment continue in yachting. The MLC would seem to highlight this as unlawful. It is of course unlawful in most places outside the Taliban controlled area of Afghanistan.
How many times have you heard captains say that they cannot hire American crew. One area of interest is the issue of American nationals being denied positions aboard vessels because many insurance companies consider them a “risk”. The risk coming from the fact that a US citizen has an inalienable right to sue in the US. So pre agreeing a location to determine legal recourse in the event of a disagreement is pointless. Now you can imagine that an American in America being told that he or she is not allowed to work on a boat owned by an American in America by a crew agent in America who’s is an American, is unlikely to go down well. Especially if the MLC will clarify grounds that this is unlawful.
I have always thought it was bad practice openly claiming to require one nationality over another in the owner’s name. Now it seems it might be against the law.
Three solutions would seem to present themselves:
Ban all Americans and their fast food, gas guzzling cars and slippery lawyers from working in the yachting industry. Not really likely seeing as most yachts are owned by Americans.
Alternatively we could actually see what the insurance premiums would be in order for the insurance companies to take the American crew member on board as a risk. Reports would suggest that some premiums are relatively little when compared with the overall costs of employing a crew member and several US crew members have reported that they have offered to pay the difference themselves.
Thirdly we could have resumes and CVs sent to us without a picture and not stating the nationality, or race or sex so that we could make an impartial assessment as to whether they are qualified for the job before we make any assumptions about whether they are employable. Don’t laugh this is what most people in the civilized world do because not to would be unlawful.
The MLC will surely cause a few of our accepted norms to be challenged. And it is fair to say that many of our traditions are born of habit and not sense, so it will be interesting to see if the MLC brings about changes or causes the industry to take its prejudices underground.
It’s coming!