Lok Sabha Question No. 3435 (UNSTARRED), answered on 2021-12-17
Subject: Wages for Seafarers
Ministry: PORTS, SHIPPING AND WATERWAYS
Asked by: Arvind Ganpat Sawant

## GOVERNMENT  OF INDIA MINISTRY OF PORTS, SHIPPING  AND WATERWAYS

## LOK SABHA

## UNSTARRED QUESTION NO. 3435 ANSWERED ON 17.12.2021

## WAGES FOR SEAFARERS

## 3435. SHRI ARVIND GANPAT SAWANT.

will the Minister of PoRTS,  SHIPPING  AND WATERWAYS be pleased to state:

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- (a) whether the Government  is aware that wages for seafarers  working in lndian Flag ships including  shipping  corporation  of lndia has been decided by the National Maritime Board  (NMB) wage agreement  and if so, the detarls  thereof;
- (b) whether the Government  is aware that as per the NMB agreement welfare fund for seafarers  is deposited  in to various private trusts and if so, the details thereof;
- (c) whether it is true that as per point 16.4 of the Merchant shipping Notice No 7 of 2020 issued by the Direciorate General of Shipping, Mumbar, collective  Bargaining Agreement  (CBA) does not have any provision for collection of welfare  fund into any private trust  except Seafarers  Welfare Fund Society  (SWFS);  and
- (d) if so, the reasons therefor along with the implementation status of provisions  of Merchani Shipping Act, 1958 and Rules and Regulations  made thereunder  for employment  of seafarers engaged  on lndian Flag Ships?

## ANSWER

## MINISTER OF PORTS, SHIPPING  AND WATERWAYS (sHRl SARBANANDA  SONOWAL)

- (a) Yes Sir. lt  has been an established  practice,  between  the ship-owners associaiions  and seafarers' representative unions in lndia, to negoiiate and agree to detailed  terms and conditions  of employment for seafarers  on lndian flag ships, generally  referred to as  "Collective  Bargaining Agreement"  (CBA).  Rule 3(b) of Merchant Shipping (Maritime  Labour) Rules, 20'16 also define the cBA as  "collective bargaining agreement" means an agreement  signed,  from time to time, between the seafarers' trade unions and the lndian ship owners for an employment of seafarers  on board lndian flag ships. The National  Maritime  Board (NMB) wage agreement  is the CBA entered into by seafarers union and Ship-owners  Association.
- (b) Yes Sir, the NMB (lndia)  cBA executed  in 20 15 between  the associations contained  such provision.  The welfare  funds for seafarers are deposited  to Rehabilitation  and welfare Trust for seamen. The Trust has representation  from the shrpowners and seafarers.
- (c) Yes Sir, as per the Merchant  shipping  Notice No. 7 of 2ozo dated 24.04.2020 issued by Directorate  General  of shipping,  the collective Bargain Agreement shall have express provision  for welfare  fund contribution  to be made by shipping  companies  to Seafarers welfare  Fund Society  (swFS) and Seamen's  provident  Fund organization (SPFO). The CBA shall not have any provision  for deduction or receipt of collection of any contribution  in the name of welfare  fund or provident  fund except for SWFS and sPFo. Provided  that the ship-owners who may wish to provide any additional benefits to the seafarers  not already covered under the swFs/spFo,  are free to provide such benefits;  for the welfare of seafarers, through mutual  agreement entered between such ship-owners  association and the seafarer union. However,  such a mechanism shall not form part of the CBA.
- (d) The Government of lndia has ratified  the Maritime Labour convention, 2006, as amended  on 09  '10.20'15  and the Merchant  Shipping  (Maritime Labour) Rules 2016, have been promulgated  to give compliance to Maritime  Labour convention. The Directorate  General  of Shipping,  Gol in order to satisfy itself of the provisions  of Merchant shipping Act, 1958 and Rures & Regurations  made thereunder,  undertook a review in the context of Maritime  Labour  convention  (MLC) 2006 as amended  to ensure complete  effect of its provisions  for employment of lndian seafarers engaged on lndian flag ships. The Terms & conditions  to be included  in the cBA were deliberated in consultation  with the stakeholders and circulated vide Merchant  shipping Notice No. 7 of 2020.