Beyond the Reach of Labor Laws
China ratified the Maritime Labor Convention last year; Hong Kong is yet to do so. Jason Lam, International Transport Workers’ Federation (ITF) Inspector in Hong Kong, talks about the union’s role in wage negotiations, how the MLC is raising conditions for many seafarers and why others are beyond its reach.
What role does the Hong Kong ITF play in seafarer welfare?
Our office often handles cases in mainland China as well as Hong Kong, as the ITF is not present in China other than in Hong Kong. Our main focus is the ITF flag of convenience campaign that aims to protect seafarers working on ships whose flag state does not offer strong legislation to protect them. The union has set up collective bargaining agreements with willing shipping companies to ensure that crews are paid according to our minimum wage scale and provided with decent working conditions on board. We conduct inspections to check on ships entering Hong Kong and handle any complaints from seafarers in the region, regardless of their vessel’s flag.
We have a close relationship with the local port state control in Hong Kong, but as Hong Kong has not ratified the MLC, the port state control cannot do much about seafarer welfare – they are mainly focused on the safety of the vessel.
So, the ITF helps in various ways; we try to negotiate with the owner and local authorities. Therefore, the union acts like a middleman between the worker and the employer. Legal action is usually a last resort if there’s really no chance of a resolution by negotiation. It’s always the last resort, because the crew will need to spend more time and sometimes money. Often the ITF will provide legal assistance, but it is a case by case decision.