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Management and Administrative Sciences Review

Volume 5, Issue 1 e-ISSN: 2308-1368

Pages: 13-25 p-ISSN: 2310-872X
January 2016

As a New Issue in Marine Industry - Maritime Labour

Convention

Şevket Süleyman İrtem1, Sibel Bayar2, Murat Yıldız3, Güldem Elmas4, Güler Alkan5

1. YASA Shipping S.A.,34674,

2. Faculty of Engineering, University of Istanbul
3. Faculty of Engineering, University of Istanbul
4. Faculty of Engineering, University of Istanbul

The International Labour Organization accepted Maritime Labour Convention on 23

February in 2006 and it came into force on 20 August 2013. The Convention aims to protect
marine employee and ensures economical supports for death or long-term disability of sea
workers; furthermore, it brings the obligations to the biggest parties in the maritime sector
which are flag states, port states, staffing agencies and seafarer employing companies. In the
meanwhile, it considers the benefits and rights of the ship-owners as an employer.

In the last century the earth has seen too many disasters originating from the sea vessels.
After each incidence occurred, the legal measures had been taken such as SOLAS, MARPOL,
STCW, ISM CODES. The common point of these conventions is to prevent environment
and sustain the safety at sea. It is now clear that the environment and the safety are important
issues. Let us turn the attention to the human condition on board the vessels. Marine
worker’s employment conditions and welfare are as important as environment and other
issues. Moreover, one argument against this cannot be ignored; the global trade is impossible
in the case of the all marine employers had damaged in a storm.

Upon the conditions and criteria, the first convention that aspiring to protect the rights of
the seafarers was established with the name of Maritime Labour Convention.

In this study Maritime Labour Convention is examined in consideration of structure and

target. The reports of the port state and flag state inspections are viewed and the important
points and regulations of the convention are studied with regards to seafarers and other
parties such as ship-owner, flag & port states, class associations.

Keywords: Maritime Labour Convention, STCW, ISM CODES

*Corresponding author: Şevket Süleyman İrtem,

Faculty of Engineering, University of Istanbul
E-Mail: sevketirtem@gmail.com
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INTRODUCTION
Maritime Labour Convention 1 is constituted by
upgrading existing international conventions such
as [1]:
- the Forced Labour Convention, 1930 (No.29)
- the Freedom of Association and Protection of
the Right to Organize Convention, 1948
(No.87)
- the Equal Remuneration Convention, 1951
(No. 100)
- the Abolition of Forced Labour Convention,
1957 (No.105)
- the Discrimination (Employment and
Occupation) Convention, 1958 (No. 111)
- the Minimum Age Convention, 1973 (No.
138)
- the Worst Forms of Child Labour
Convention, 1999 (No. 182)
- ILO Declaration on Fundamental Principles
and Rights at Work, 1998
MLC was established as a fourth pillar of maritime
industry besides the existing pillars such as
International Convention for the Safety of Life at
Sea (SOLAS), the International Convention on
Standards of Training, Certification and Watch
keeping (STCW); and the International Convention
for the Prevention of Pollution from Ships
(MARPOL) [2].
Within the ILO, 181-member country governments
and representatives of the “social partners” (unions
and employers) write the international conventions
that are the basis for the current global labour rights
regime [3]. The parties of the marine industry are
accustomed to be adapted of the new conventions
in the course of the time. When we take a look at the
conventions released before, MLC comes to the
forefront and differs from the other conventions
from the point of the main subject.
The main topic of the Maritime Labour Convention
is designated as human. This simple and basic point
makes the MLC different than others. MLC was
developed by the result of the tripartite negotiations
by representatives of government, employers and
employees. The convention establishes
comprehensive rights and protections at work for
the world’s seafarers and aims to achieve decent
1
From now, it calls with MLC abbreviation
work arrangements for seafarers, and secure
economic interests in fair competition for quality
ship-owners [2]. Except the warships and navy
ships, traditional build vessels such as dhows and
junks, naval auxiliaries or vessels nor ordinarily
engaged in commercial activities, the Convention is
only applied for the sailboats used for fishing
commercial activities and public ships more than
500 GRT [4].
The Aim of the Convention
The Convention basically aims to meet the
requirements which are recorded as deficiencies
during the controls and stated below [1];
- Safety of Life at Sea,1974
- Preventing Collisions at Sea,1972
- Standards of Training, Certification and
Watch keeping for Seafarers, 1978
- Marpol 73/78
- United Nations Convention on the Law of
the Sea, 1982
The MLC aims to provide & protect the rights of the
seafarers and to maintain their highest
standardized living & working areas on board ships
by law. The port and flag states have been delegated
to inspect the seafarers’ employment& working and
living standards. Some views for the main reason of
constituted MLC is shown in Figure 1 and Figure 2.
FIGURE 1 HERE
FIGURE 2 HERE
According to the Convention, ship managements
are divided into two groups as “the companies that
principally aim to reach the highest profit rate and
avoid upgrading the occupational and life
sustaining health and safety ambiance of the
employees in order to keep the costs as low as
possible” and “the companies that makes every
investment call for in order that increase the quality
of the occupational and life sustaining health and
safety ambiance of the employees” [1].
Until MLC, the sub-standard living and working
conditions could not be controlled as there was no
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regarding international regulation; thus their
business cannot be punished, which caused an
inequity between both types of companies. With the
convention, it is stated that justice in the inequity in
question and justice in living and working
conditions is reached. Besides, it is ensured that the
companies that do not apply the convention are
imposed sanctions [5].
Structure of the Convention
The Convention is consisting of an introduction
part where the forewords and articles are
presented, a body part which includes 5 principles
and regulations and a conclusion part including the
attachments [6]. The general structure of the
convention is presented at the Figure 3 [5].
Titles
Titles are the parts that the regulations are collected
according to general topic headlines. Five general
titles are shown as below [1]:
1- Minimum requirements for
seafarers to work on a ship
2- Conditions of employment
3- Accommodation, recreational
facilities, food and catering
4- Health protection, medical care,
welfare and social security
protection
5- Compliance and enforcement
Regulations
Convention consists of 22 regulations, 8 sub-
regulations, in total 30 regulations [1].
Codes
Codes involve the details of application of the
regulations. Codes consists of 2 types; Standard A
is compulsory part, Part B is not mandatory but it
has the characteristics of guideline [1].
Appendices
Appendices are located under the fifth title and
consists of 4 different sample [1]. It mentions
sample of the certificates and declarations,
inspection issues.
FIGURE 3 HERE
Titles and Regulations
The main body of the MLC is grouped in five main
subject areas referred to as “Titles”.
Title 1 – Minimum requirements for seafarers to
work on a ship
There is four regulation related to “Minimum
requirements for seafarers to work on a ship” [1].
Title 1 identifies the minimum standards to be met
for a seafarer to work on a vessel [2].
Regulation 1.1 – Minimum age
Regulation aims to forbid working of the under age
16 persons on-board the vessels [1]. This issue has
importance when the officers are filling the log book
of the ship; especially, filling the night watches
writing the duty personnel under the age of 18.
Under age 18 seafarers shall not be given duty that
endanger their health and safety. They cannot be
given the duties at night time.
Regulation 1.2 – Medical certificate
Regulation aims to provide that the persons
employed on-board vessels are convenient to carry
out the roles. The persons which are health-wise
uncertified have not employed to the vessels.
Seafarers must hold a medical certificate which
endorsed by a duly qualified medical practitioner
and the language of the certificate must be in
English [2]. The validity of the certificate is two year
for the age of above 18, one year for the age of under
18 years old seafarers.
Regulation 1.3 – Training and qualifications
Regulation aims to provide that seafarers are well
educated and sufficient to perform their roles on the
vessels [1]. Crew members must be trained or
certified as competent to perform their duties and
have successfully completed shipboard personal
safety training [2].
Regulation 1.4 – Recruitment and placement
Regulation aims to provide that marine employee
can be circulated easily in a placement system
which is influential and properly arranged [1].
Seafarer recruitment and placement services shall
subject to regulations and audits by authorities.
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Title 2– Conditions of Employment
In this title the rule makers are intended to ensure
that employment agreements for seafarers are
arranged in the sense of pay, hours of work and rest,
entitlement to leave, repatriation and compensation
rights, access to training, skills development and
further employment opportunities. There is eight
regulation integrated under this title [1].
Regulation 2.1 – Seafarers’ employment agreements
Regulation aims to provide that marine employees
have an equitable employment contract.
Regulation 2.2 – Wages
Regulation aims to provide that marine employees’
salaries are pay in regularly for the periods of 30
days.
Regulation 2.3 – Hours of work and hours of rest
Regulation aims to provide that marine employees’
working and resting hours are arranged as per
convention clauses.
Regulation 2.4 – Entitlement to leave
Regulation aims to provide that marine employees’
have sufficient allowances.
Regulation 2.5 – Repatriation
Regulation aims to provide that marine employees’
expenditures of the homecoming are defrayed by
Employer Company.
Regulation 2.6 – Seafarer compensation for the ship’s loss
or foundering
Regulation aims to provide that marine employees
are indemnified against any casualty and
deprivation.
Regulation 2.7 – Manning Level
Regulation aims to provide that seafarers are
working in well-equipped and well manning ships
under safe, efficient and secure activities.
Regulation 2.8 - Career and skill development and
opportunities for seafarers’ employment
Regulation aims to provide that seafarers have
supported to get a good professional competences
development programs and have offered
occupational occasions.
1.1. Title 3 – Accommodation, Recreational
Facilities, Food and Catering
Living conditions on-board the vessels are
mentioned in this title such as; accommodation
standards including room sized and their fixtures;
heating, cooling, lighting, ventilation and noise
levels; sanitary and laundry facilities; requirements
for mess rooms and recreation rooms; requirements
for hospital accommodation; food and catering.
There is two regulation related to living, resting and
feeding [1].
Regulation 3.1 – Accommodation and recreational
facilities
Regulation aims to provide that employees have
spacious accommodation and resting possibilities
[1]. This regulation aims to prevent the condition as
shown in Figure 4 and aims to provide the
conditions as given in Figure 5.
FIGURE 4, 5 & 6 HERE
There is five regulation related to healthy and social
security protection of marine employees. This title
sets the requirement to protect the health of
seafarers and ensure their prompt access to medical
care on board a vessel and ashore [2]. The summary
of the reports of the inspections and detail of actions
taken between the dates 20 August 2013 and 31
December 2014 are given in Table 1 [7]. The
distribution of the percentage is given in Figure 7.
TABLE 1 HERE
This title comes into prominence at the inspections’
reports. As it is seen on the Table 1 2136 MLC
related deficiencies were recorded and 22 vessels
were detained on MLC ground. Especially the
deficiencies related to regulation 4.3. Reached the
number 985. It seems that Title 4 will be the biggest
problem during the inspection period become more
intense.
FIGURE 7 HERE
Regulation 4.1 – Medical care on board ship and ashore
Regulation aims to provide that employees
preserved that health of employees and provide
their quick attainment to health facilities on-board
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the vessels and on shore [1]. The ship-owner should
provide medical and dental care for seafarers. The
extent of this medical and dental care is to be
determined by the flag State and the ship-owner
should consult with these regulations for
clarification and guidance. In general, the seafarer
should have comparable health care as that
generally available to workers ashore [8].
FIGURE 8 HERE
Regulation 4.2 – Ship-owners liability
Regulation aims to provide that employees
preserved from the economical results of illness,
wound or fate happen due to their duties on-board
[1].
Regulation 4.3 – Health and safety protection and
accident prevention
Regulation aims to provide that employees’
ambiances on board vessels provided vocational
safety and health. During the ship management
system is establishing “Code of Safe Working
Practices [5]” must be taken account and
established papers should serve to the personnel’s’
easily access. The ship-owner should identify health
and safety risks associated with various shipboard
activities to which seafarers might be exposed.
Examples of processes that provide safeguards
against identified risks are risk assessment, permit
to work, behavioural based safety programs,
orientation programs for new seafarers (conducted
by the ship-owner or manning agency for general
information) explaining the ship owner’s health
policies, etc. [8].
Regulation 4.4 – Access to shore-based welfare facilities
Regulation aims to provide that employees on-
board the vessels have attained to onshore
opportunities and cares to assure their wellness and
well-fare [1].
FIGURE 9 HERE
Regulation 4.5 – Social security
Regulation aims to make provisions for seafarers
with social security protection.
1.1. Title 5– Compliance and Enforcement
There is three arrangement and eight sub-
regulation related to “Compliance and
Enforcement”.
Regulation 5.1 – Flag State responsibilities
Regulation aims to provide that each state must
perform their liabilities under this Convention with
regard to their flagged ships [1].
Regulation 5.1.1. General Principles
Regulation 5.1.2. Authorization of recognized
organizations
Regulation 5.1.3. Maritime labour certificate and
declaration of maritime labour compliance
Regulation 5.1.4. Inspection and enforcement
Regulation 5.1.5. On-board compliant procedures
Each seafarer must easily make complaints and well
know which procedures should be fallowed [1].
Companies must constitute procedures that explain
the ways and steps related with compliant. The
examples of the procedures are given Figure 10 and
Figure 11. The inspection authorities are charged
with inspect if there is a sufficient compliant
procedure be established or not [10].
FIGURE 10 HERE
Regulation 5.1.6. Marine casualties
It is stated in this regulation that each member shall
have legal basis that they are protected against any
critical marine wrecked, wounded or death [1].
Regulation 5.2 – Port State responsibilities
Regulation aims to allow each state to perform their
liabilities under this convention related with
international alliance in the implementation and
enforcement of the Convention regulations to the
ships which called to their ports.
Regulation 5.2.1. Inspections in port
Inspections in the Member’s port must fulfil by Port
State inspectors with reference to the regulations of
the Convention and other applicative international
regulations regnant authority in the states.
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Regulation 5.2.2. Onshore seafarer compliant –
handling procedures
Each state must intervene to the ships if a violation
related to the Convention occurs on-board the ships
which called to their ports.
Regulation 5.3 – Labour-supplying responsibilities
Regulation aims to provide that each state members
carry out their liabilities under this regulation
related to employing of the seafarers and their
social security.
CONCLUSION
Shipping industry is accustomed to new
regulations and conventions in last century.
Numerous casualty had occurred in past. Each
casualty occurred in the sea arena is followed by a
new reflex by International Maritime Organization.
This new convention MLC is also established by the
reasons of a casualty. But this casualty is different
from the others. In every year many of the seafarers
have a lot of problems. And most of these left as
unsolved. To solve this victimization, MLC
convention is constituted.
The integration of the MLC to the shipping
company is also different from the other. When the
main topic of the other conventions was related to
on-board the vessel; now, the main topic of the
Maritime Labour Convention is human and the
human rights on-board and ashore. The general
structure and the component of the convention is
issued in this study. The important part of the
convention is highlighted.
The results of the inspections demonstrate that the
most important point of the Maritime Labour
Convention is related to “Health and Safety
Protection and Accident Prevention”. What the
mean is that the employer must stick to this subject
and the necessary requirement according to the
Convention should be taken immediately. In the
term of the intense inspections, this regulation may
give occasion to detain the vessels.
A well established and operated risk management
system in the intense shipping ambience could be
the solution to meet this regulation’s requirements.
Furthermore, the vessels operated with risk
management integrated ship management systems
provide more safety working environment and
high standard living accommodation to seafarers
by taking the risks under control.
FIGURE 10 & 11 HERE
REFERENCES
[1]. International Labour Organization, 2006,
Maritime Labour Convention, Cenevre.
[2]. Australian Maritime Safety Authority, 2013, A
Guide to the Implementation of the MLC in
Australia, Australian Government.
[3]. Papadakis, K., 2008, Cross-Border Social Dialogue
and Agreemens: An emerging global industrial
relations framework?, International Labour
Office, Geneva, ISBN: 978-92-9014-862-3
[4]. Ulaştırma Denizcilik ve Haberleşme Bakanlığı,
2013, Türk Bayraklı Gemilerin Uluslararası
Denizcilik Çalışma Standartlarına Uyum
Sağlaması Kapsamında Yürütülecek İşlemler
Uygulama Talimatı, Ankara.
[5]. İrtem, S., S., (2015), “Gemi İşletmeciliğinde
Deniz Çalışma Sözleşmesi (MLC, 2006)
Uygulaması ve Gemilerde Risk
Değerlendirmesi”, Ph.D Thesis, University of
Istanbul, Istanbul, Turkey.
[6]. International Labour Organization, 2006,
Explanatory Note To The Regulations
and Code Of The Maritime Labour Convention, h
ttp://www.ilo.org/dyn/normlex/en/f?p=N
ORMLEXPUB:91:0::NO::P91_SECTION:MLC
_N1 [Ziyaret Tarihi: 05 Aralık 2014].
[7]. Weston, C., 2014, Maritime Labour Convention
Deficiencies/Detentions, Australian Maritime
SafetyAuthority, Canberra.
[8]. American Bureau of Shipping, 2010, Guidance
Notes On The ILO Maritime Labour
Convention 2006, New York.
[9]. Maritime and Coastguard Agency, 2010, Code of
Safe Working Practices for Merchant Seamen,
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The Stationary Office, UK, ISBN: 978-0-11-

553170-5.

[10]. International Transport Worker’s Federation,

2013, A Seafarers’ Bill Of Rights, The
International Transport Workers’ Federation,
United Kingdom.

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APPENDIX

Figure 1 A shower cabin before MLC Figure 2 Laundry Facilities before MLC

Figure 3 Structure of The Maritime Labour Convention

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Şekil 4. The reason that consitute Regulation 3.1

Şekil 5 Recreational facilities aimed to maintain onboard the vessels

Regulation 3.2 – Food and catering

Regulation aims to provide that employees have easily attain to well jammy nourishment and potable
water under supplied in healthy conditions [1]. This regulation aim to avoid the galley condition as shown
in the Figure 6.

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Figure 6 The conditions of the provision stores before MLC.

1.1. Title 4 – Health Protection, Medical Care, Welfare and Social Security Protection

Table 1: Port States Activities Deficiencies issued under MLC between 20 August 2013 and 31 December
2014
Related Title Deficiencies
Health and safety protection and accident prevention 985
Accommodation and recreational facilities 409
Food and catering 358
Seafarers’ Employment Agreement 138
Hours of work and hours of rest 88
Wages 56
Recruitment and placement 31
Maritime labour certificate and declaration of maritime
24
labour compliance
Medical care on board ship and ashore 12
On-board complaint procedures 11
Flag State responsibilities, General principles 9
Entitlement to leave 6
Repatriation 4
Medical Certificate 4
Training and qualifications 1
2136

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Figure 7: Percentage Distrubiton Related to MLC

Figure 8. The social opportunity for the seafarers

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Figure 9: Making Compliant Onboard.

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Figure 10: Making Compliant As-shore

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