ITF Agreements result from the only known example of international collective bargaining. The ITF has been part of the International Bargaining Forum (IBF) since its creation in 2003 as a collective bargaining process between maritime employers and maritime unions on seafarers’ wages and conditions on FOC ships covered by ITF Special Agreements. IBF negotiations include central and local negotiations which allow for development of core principles incorporated into specific local arrangements.
Maritime employers are represented by the International Maritime Employers’ Council (IMEC), and the International Shipping Employers' Group (ISEG) – which incorporates the International Maritime Managers’ Association of Japan (IMMAJ), the Taiwanese company Evergreen, and the Korean Shipowners' Association. Together, they form the Joint Negotiating Group (JNG) for collective representation of maritime employers.
Seafarers’ unions can agree with companies to put IBF agreements in place on their ships to enhance protections for seafarers. As such, these ITF Agreements uphold the fundamental labour rights of freedom of association and collective bargaining.
The OECD Due Diligence Guidance of 2018 confirms that engaging in dialogue with global union federations is a way for companies to mitigate risks in their supply chains. The OECD Guidelines for Multinational Enterprises 2023 clarify that companies should respect the freedom of association and collective bargaining rights of all workers in the supply chain, no matter whether they are employed by the relevant multinational. If a company is not the employer (but the employer’s business partner, subcontractor or investor), its obligation is to support implementation of the Guidelines by using its leverage through its contracts or investments.
Company engagement with global unions ensures businesses respect the right to freedom of association and collective bargaining, which are also ‘enabling rights’ under international law. This recognises that full trade union engagement is an essential prerequisite to the realisation of all other labour rights.
Meaningful trade union engagement is required throughout the HRDD process – from developing and adopting risk mitigation processes, through to ongoing monitoring procedures and engagement within grievance mechanisms to ensure they are legitimate, equitable and effective. ‘Meaningful’ engagement means two-way communication, with information shared in an easily accessible format and with enough time to make informed decisions. Transparency is crucial and may include participating in and sharing the results of site visits.
- Assurance that wages are fair, determined by negotiations with seafarers’ representatives at the international level, and higher than the basic safety net recommended periodically by the ILO. Fair wage scales account for different ranks, roles and experience accrued.
- Reassurance that minimum international labour standards are exceeded and that many protections go beyond the MLC to improve life at sea. This includes provisions on daily working hours; overtime rates; incentives to keep accurate records; rest periods; safe manning; maximum period on board; paid leave; decent working and accommodation conditions; repatriation; and insurance cover to protect crew in case of abandonment.
- Grievance mechanisms, supplementary to the MLC, as a safety net to enforce these conditions.
- Onboard checks: The ITF is one of very few organisations with the right to access ships from shore by way of its network of 130 ITF inspectors at ports around the world. ITF inspectors are a lifeline for seafarers and an invaluable asset to brands collaborating with the ITF. ITF inspectors benefit from permissions to go on board a ship covered by an ITF Agreement and demand to review the ship’s logs and speak privately with crew.
- Informal whistleblowing to ITF inspectors is successful because of the ITF’s international reputation and trust among seafarers, and because of the methods used by inspectors to protect anonymity, such as the ability to carry out ‘routine inspections’ when responding to a seafarer complaint.
- Where prevention has failed, there is a route to swiftly resolve issues and broker remedies via established relationships between the ITF and responsible shipping companies.