DEPARTMENT OF MARINE ENGINEERING

DOUBLE DEGREE PROGRAM

INSTITUT TEKNOLOGI SEPULUH NOPEMBER HOCHSCHULE WISMAR

MLC 2006: A Blessing or A Curse to Maritime Stakeholders?

by

Dimas Angga Fakhri Muzhoffar

42 12 101 019
dimas.angga.fm@gmail.com

May 2015

Lecturer
Taufik Fajar Nugroho, ST. M.Sc.
ME141364 Marine Surveying

this page intentionally left blank

DIMAS A. F. MUZHOFFAR (4212 101 019)

Page 2 of 9

The convention consist of five main topics, including; Seafarers Minimum Requirements, Condition of
Employment, Accommodation, Health Protection, and Compliance and Enforcement. Those topics has its
own requirement list due to the condition of seafarers. Until it triggers question about the benefit for the
company; MLC 2006; a blessing or a curse to maritime stakeholders?

keyword:
Marine Workplace
Maritime Labour Convention 2006
MLC 2006
Seafarers Employment
Seafarers Health Protection
Working and Living Condition Onboard Ship

DIMAS A. F. MUZHOFFAR (4212 101 019)

Page 3 of 9

1. Introduction
By way of example, the Convention provides
According

(2013)

that when sleeping accommodation on board

considered as the Convention making labour

is required, individual sleeping rooms shall be

history, the MLC, also called the fourth pillar

provided and separate sleeping rooms shall be

of

provided for women and men.

the

to

superyachttimes.com

international

regulator

for

quality

shipping, thus complementing the other key

conventions such as SOLAS, STCW and MARPOL,

All ships constructed before the Convention

has developed through an unprecedented five

remain

year process

intensive consultation. Its

requirements relating to ship construction

implementation is intended to be global and all

and equipment set out in the Accommodation

the necessary mechanisms have been put in

of Crews Convention (Revised) 1949 and the

place to ensure that, to the greatest extent

Supplementary Provisions in 1970. However,

possible,

are

they will not be bound by the design

respected, even on the ships that fly the flag of

restrictions imposed by the MLC. At a time

countries that do not ratify the Convention.

when

the

of

Convention

requirements

bound

to

European

comply

shipyards

with

face

the

difficult

challenges, whether caused by the Turkish

The convention provides for the seafarer's

and Chinese competition or by the recession

employment and social rights which include the

which affected the yacht building market,

minimum requirements for seafarers to work on

these new build restrictions come as a further

a ship, the conditions of employment, minimum

hindrance

requirements for accommodation

superyacht building market.

and crew

to

the

development

of

the

facilities and health protection, medical care,

Alternatively shipyards may see in the MLC a

welfare and social security protection.

promotional opportunity to sign new build

The most significant changes relate to the

contracts starting before the MLC comes into

accommodation and recreational facilities of

force to ensure that they escape the future

the

crew,

which

will

affect

yacht

owners/purchasers when considering building

mandatory requirements. Yachts builders have to

bear in mind that the Flag states will be

their own yacht. The Convention provides

clarifying and guiding the yachting industry when

that

the

the MLC comes into force as there remain areas

Convention is in force are to provide and

of confusion. However, when the time comes

maintain appropriate accommodations and

yacht builders will have to come up with

recreational facilities for seafarers working or

creative ideas to keep their customer happy and

living on board (or both).

not lose a share of this market which has been

the

ships

constructed

after

increasing so fast for the past 10 years.

DIMAS A. F. MUZHOFFAR (4212 101 019)

Page 4 of 9

2. Overview

Generally, the requirements which must fulfill

by the company ensure the several subject as

Refer to ilo.org (2013) MLC, 2006 brings

ILO mention above. Until it triggers question

together, in one place, international minimum

about the benefit for the company; MLC 2006; a

standards that ensure decent work for the

blessing or a curse to maritime stakeholders?

estimated more than 1.5 million seafarers

around the world whose work is essential to

Supported

international trade as well as to an increasingly

The European

important form of tourism and recreational

members to ratify the treaty by 31 December

activity. Under the MLC, 2006 every seafarer has

2010. The EU Decision provides: "Member States

the right to:

are hereby authorized to ratify, for the parts

a safe and secure workplace that complies

with safety standards

falling

under

from

wikipedia.org

Union advised

Community

its

(2015)

(then)

27

competence,

the

Maritime Labour Convention, 2006, of

the

fair terms of employment

International Labour Organization, adopted on 7

decent working and living conditions on

February 2006. Member States should make

efforts to take the necessary steps to deposit

board ship
health protection, medical care, welfare
measures

and other

forms

of

social

their

instruments

of

ratification

of

the

Convention with the Director-General of the

International Labour Office as soon as possible,

protection.

preferably before 31 December 2010." As of

The convention consist of five main topics,

August 2014, 19 countries had done so, while

including;

Seafarers Minimum

Croatia did so before it entered the European

Condition

of

Health

Employment,

Protection,

Enforcement.
requirement

Those
list

due

and

Requirements,
Accommodation,

Compliance

topics
to

the

has

its

condition

seafarers.

Union.

and
own

Definitely, MLC, 2006 give certain addition

of

standards that probably does not have so much

attention before. The regulations giving a
certain must-fulfill condition by member of the
convention related to their worker. For clear,
MLC, 2006 give an addition job desk in order to
fulfill the standards of seafarers condition.

DIMAS A. F. MUZHOFFAR (4212 101 019)

Page 5 of 9

3. Discussion

This title describe a common requirements that

a basic list for company to fulfill. In the other

3.1 Minimum Requirements for

hand, it give some benefit to the seafarers in

Seafarers to Work on A Ship

working hours subject. Onboard of the ship

condition, has no doubt, is always in not exact

The first title in the MLC regulate to ensure; no

time for work and rest due to the same space of

under-age persons work on a ship, all seafarers

work and rest. Most of the time it give an

are

are

uncertain rest hours for the seafarers. Clearly no

trained/qualified. It has no reason for the

negative point of this regulation appear because

company to deny that the regulation is in

of the adequate fair condition arrange by

purpose to make sure all the seafarers are

company.

medically

fit,

and

all

seafarers

seaworthy. It is the condition that company

want to reach no matter how to ensure the
working capability of their worker. Then, comes

3.3 Accommodation, Recreational

Facilities, Food, and Catering

a negative side in administration process. The

range of the applier is getting smaller due to the

The third title of MLC regulate to ensure the

limitation set by the regulation. It has no doubt

seafarers; have decent accommodation and

that the regulation give some sort of limitation

recreational facilities onboard, and have access

for the applier spot. In addition, this first title

to good quality food and drink. This title give

cost the company for general medical checkup

certain requirement that possibly negligible by

for all applier.

the company. Some addition utilities/stuff and

spaces must be reserve to the seafarers onboard.

3.2 Condition of Employment

It may give an extra job desk to the company to

fulfill certain list of requirement. Also possibly

The second title of MLC regulate to ensure the

consume extra time for sailing preparation that

seafarers; have fair employment agreement,

can be higher than money-cost.

paid for their service, have regulated hours of

work or hours of rest, have adequate leave, able

General accommodation that imply to spaces is

to return home, compensated when a ship is

in order to give some reasonable condition and

lost, work onboard safely-secure, and have

comfort result of seafarers. Comfort term is

opportunity to promote career. It gives a

driven to subjective judgment which quantify in

statement of the basic need of worker, not just

this title. It means a good condition for the

a seafarers.

company to fulfill such standard to avoid

uncertain request propose by the agency of the
seafarers. Those standards creates minimum
limitation due to accommodation spaces that
company can apply to design certain template
for the accommodation spaces design.

DIMAS A. F. MUZHOFFAR (4212 101 019)

Page 6 of 9

The size of the accommodation spaces can be a

possible space-consume due to the cargo spaces.

3.4 Health Protection, Medical Care,

Welfare, and Social Security Protection

It supply also give some contribution to the

power consumption and reservation of auxiliary

The fourth title of MLC regulate to ensure the

engine. Surely its driven to some addition cost

seafarers; health and access to medical care

for the company.

onboard, safety and health work environment

onboard, have access to shore based facility to

The heating system in the accommodation

secure health, and have access to social security

spaces should be in operation at all times. It

protection.

possibly be negative point and include in

auxiliary engine power consideration due to the

Assurance to seafarers to get medical attention

accommodation facilities. Even the heating

that comparable to workers ashore is one of

system is to makes the ambient temperature at

interesting point of view. It is clear to serve

satisfactory level; in the ship which a heating

medical attention in certain standard due to the

system is required, an extra power calculation

workers. In fact, it is not easy to carry all the

sheet required either.

standard for applicable onboard a ship. Its need

improvement due to the environmental change

Food and catering regulation ensure seafarers to

with all ambient condition onboard. Beside the

get free of charge food during the voyage

standard equipment, this subject need qualified

onboard. Clearly, it is a common stuff during the

and competent doctor who has certain medical

ship operation. Obviously not a negative side to

marine standard certification. The cost for

the company. It is driven to the basic need of

medical attention possibly increase when it

seafarers during both work and rest hours.

comes

with

such

standard.

It

means the

increasing of cost consideration to fulfill this

It is required to have onboard cook (ships cooks)

regulation.

to serve adequate food supply along the work

and rest hours. Comes possibility to have some

There is a level of medical training to be

addition cost for recruit cooks and his assist. The

provided on board ships that are not required to

extra cost appear due the calculation of required

carry medical doctor. It is can be the solution to

space, fresh water, and amount of food supply

reduce some cost cause by medical doctor

onboard. Extra spaces comes due used of storage

onboard. This condition require seafarers comes

and handling food stock. It also need extra

with approved medical first aid or medical care

power regarding the cooler or the heater.

training by STCW. At least one seafarers with

such qualification and capability onboard a ship.

DIMAS A. F. MUZHOFFAR (4212 101 019)

Page 7 of 9

The other case is when ship cargo is classified

thing to do by stakeholders due to the high risk

dangerous must refer to Medical First Aid Guide

onboard a ship or even other work field with

for Use in Accidents Involving Dangerous Goods.

certain high risk. The consideration will be hard

Inside that recent regulation include standard of;

because it is categorized as unpredictable cost

protective

during the voyage. Probably will cost much

device,

medical

procedure,

and

integrated policy due to the cargo. The increase

higher than the salary cost to the seafarers.

of the risk can not be negligible and must be

mentioned to the seafarers onboard. Possibility

In subject of accident prevention, the company

to get an accident is clearly increasing due to

shall ensure the seafarers with standardized

the cargo that ship carrying. It is obviously

health and live protection. It is important due to

related to the medical standard report form

assure zero accident during the voyage. The field

Its required to measures; sickness, injury,

implementation is so much depend to the

hospitalization, or dental care.

company itself. The different point of view of

need and required is hard to state clearly. Since

This title also give guidelines for medical

the safety first motto comes to basic need, then

assistance to other ships and international

the cost will be not very costly during the

cooperation. It is refer to the develop and

operation of the such risky condition.

cooperate due to international sea condition.

The ship must capable to coordinate rescue and

All of those standard of health, social, and

emergency services if needed. Its standardized

security protection properly be a benefit to the

in

company.

International

Search

and

Aeronautical

Rescue

(IAMSAR)

and

Maritime

Manual.

The

standard

which

sounds

The

complicated is in purpose to maintain and assure

standard made in purpose to make all ship in

the seafarers including the ship and cargo as

international sea in optimum condition to

well. It will be more like the company need to

provide hospital and rescue facilities, also to

have an assurance due to the ship operation. If

arranging personal assistance to other seafarers.

all the seafarers onboard is in well and fit

condition, then there is no doubt the ship

In ship owners liability comes regulation to

operate in safe and secure condition either. The

ensure seafarers protected from their financial

cost-benefit will be no longer in minus area

consequences of sickness, injury, and death. The

according to point of benefit comes with such

ship owner shall be liable to bear the cost for

cost to fulfill this title.

seafarers who works on their ship. It is common

DIMAS A. F. MUZHOFFAR (4212 101 019)

Page 8 of 9

3.5 Compliance and Enforcement

3.6 Conclusion

The fifth title of MLC aim to ensure the members

Refer to hellenicshippingnews.com (2013) the

implements

this

convention applies to all seafarers, defined as

convention; with respect to ships that fly its

anyone who is employed, is engaged or works in

flag, regarding international cooperation in

any capacity on board a ship to which the

implementation, and as pertaining to seafarer

convention applies. There may be situations in

recruitment and placement.

which it is unclear whether an employee is a

its

responsibilities

under

seafarer. This is the case for dock workers

The company which comply to the convention is

temporarily employed on a vessel in port and

in responsible to ensure implementation of the

licensed pilots. While most jurisdictions tend to

regulation that required. It means include the

exclude them, further clarification is expected

labour certification and condition in all aspect,

from Argentine legislation in this regard. Point of

also work and rest hours regulation. Inspection

view in certain places driven to decide is the

shall happen in the routine of regulation

MLC

implementation.

stakeholders.

The

objectives

of

blessing

or

curse

to

maritime

implementation shall be clear to provide an

adequate administration requirement.
References
All paperwork of administration is necessary to
be recognize in schedule. Recognize process
provide by competent authority as mention in
convention meeting. It means all the work and
movement must be in some kind record which
must and always through standard monitoring
routine. Comes possibility of crowded paperwork
in work hours. The peak condition would be in

Basic Facts on the Maritime Labour Convention 2006 (no

date) Available at:
http://www.ilo.org/global/standards/maritime-labourconvention/what-it-does/WCMS_219665/lang-en/index.htm/(Accessed: 25 April 2015).
Maritime Labour Convention (no date) Available at:
http://en.wikipedia.org/wiki/maritime_labour_conventi
on/ (Accessed: 25 April 2015).
Maritime Labour Convention set to come into force (no date)

operation condition onboard a ship. It could be

Available at:

an

http://www.hellenicshippingnews.com/maritime-labour-

extra

job

due

to

the

seafarers

and

management side. All the paperwork shall

compile in annual report which will published by

convention-set-to-come-into-force/ (Accessed: 25 April

2015).
The Maritime Labour Convention 2006 - The Good, The Bad

competent authority of each company in respect

and The Ugly - Ownership (no date) Available at:

of its flag.

http://www.superyachttimes.com/editorial/10/article/i
d/6548/(Accessed: 25 April 2015).

DIMAS A. F. MUZHOFFAR (4212 101 019)

Page 9 of 9