MLC (MARITIME LABOUR CONVENTION) 2006

NEED FOR MLC 2006

The Maritime Labour Convention, 2006 seeks to ensure the relevance of various ILO standards and is a consolidation of earlier maritime
labour instruments. It aims to:

 Provide comprehensive and effective protection to seafarers;

 Create a level playing field for ship owners based on fair and well-conceived common rules for fair competition;
 Build upon well-established approaches defined in instruments such as SOLAS, STCW and MARPOL;
 Achieve universal acceptance with a new approach to securing compliance.

ENTRY INTO FORCE

On 20 August 2013, the ILO Maritime Labour Convention (MLC) was ratified and the Convention came into force 12 months after this date.
The requirement was for ratifications by at least 30 Member States with a total share in the world gross tonnage of ships of 33 percent.

Thereafter, for new members ratifying this Convention,it shall come into force 12 months after the date on which their ratification is
registered.

OBJECTIVE:

The objective of the MLC 2006 which is a comprehensive international labour Convention is to set out seafarers' rights to decent
conditions of work and help to create conditions of fair competition for shipowners. It is intended to be globally applicable, easily
understandable, readily updatable and uniformly enforced.

APPLICABILITY:

The Convention applies to all ships, whether publicly or privately owned, ordinarily engaged in commercial activities, other than

 ships engaged in fishing or in similar pursuits

 ships of traditional build such as dhows and junks.
 warships or naval auxiliaries.

CONTENTS:

1. The Convention comprises three different but related parts:

i. the Articles,
ii. the Regulations and
iii. the Code.

2. The Articles and Regulations set out the core rights and principles and the basic obligations of Members ratifying the
Convention.

3. The Code contains the details for the implementation of the Regulations. It comprises Part A (mandatory Standards) and Part B
(non-mandatory Guidelines). The Code can be amended through the simplified procedure set out in Article XV of the
Convention.

4. The Regulations and the Code are organized into general areas under five Titles, each of which deals with a particular right or
principle:

Title 1: Minimum requirements for seafarers to work on a ship;

Title 2: Conditions of employment;

Title 3: Accommodation, recreational facilities, food and catering;

Title 4: Health protection, medical care, welfare and social security protection;

Title 5: Compliance and enforcement.

5. Each Title contains groups of provisions relating to a particular right or principle (or enforcement measure in Title 5), with
connected numbering. The first group in Title 1, for example, consists of Regulation 1.1, Standard A1.1 and Guideline B1.1, relating to
minimum age.

PURPOSE OF THE CONVENTION:

The Convention has three underlying purposes:

(a) to lay down, in its Articles and Regulations, a firm set of rights and principles;
 (b) to allow, through the Code, a considerable degree of flexibility in the way Members implement those rights and principles;
and

(c) to ensure, through Title 5, that the rights and principles are properly complied with and enforced.

ITEMS TO BE INSPECTED:

The working and living conditions of seafarers that must be inspected and approved by the flag State before certifying a ship in accordance
with Standard A5.1.3, paragraph 1:

1. Minimum age (Regln.1.1)

2. Medical certification (Regln.1.2)
3. Qualifications of seafarers (Regln.1.3)
4. Use of any licensed or certified or regulated private recruitment and placement service (Regn.1.4)
5. Seafarers’ employment agreements (Regln.2.1)
6. Payment of wages (Regln.2.2)
7. Hours of work or rest (Regln.2.3)
8. Manning levels for the ship (Regln.2.7)
9. Accommodation (Regln.3.1)
10. On-board recreational facilities (Regln.3.1)
11. Food and catering (Regln.3.2)
12. On-board medical care (Regln.4.1)
13. Health and safety and accident prevention (Regln.4.3)
14. On-board complaint procedures (Regln.5.1.5)

Other regulations pertain to Entitlement to leave (Regln.2.4); Repatriation (Regln.2.5); Seafarer compensation for the ship’s loss or
foundering (Regln.2.6); Career & skill development & opportunities for seafarers’ development (Regln.2.8); Shipowners’ liability
(Regln.4.2); Access to shore-based welfare facilities (Regln.4.4); Flag state responsibilities(Regln.5.1); Port state responsibilities (Regln.5.2);
Labour supplying responsibilities (Regln.5.3).

KEY ELEMENTS THAT WILL AFFECT SEAFARERS AND SHIPOWNERS

The new Convention is set to achieve more compliance by operators and owners of ships and to strengthen enforcement of Convention
requirements through mechanisms at all levels, including:

 provisions for complaint procedures available to seafarers;

 the shipowners' and shipmasters' supervision of conditions on their ships;
 the flag states' jurisdiction and control over their ships; and
 port state inspections of foreign ships.

The Convention sets minimum requirements for seafarers to work on a ship and contains provisions on:
i. conditions of employment,
ii. accommodation,
iii. recreational facilities,
iv. food and catering,
v. health protection,
vi. medical care,
vii. welfare and social security protection.

KEY LIABILITIES AND RESPONSIBILITIES OF SHIPOWNERS VIS-À-VIS SEAFARERS UNDER THE CONVENTION

MLC provides that seafarers are entitled to:

a) repatriation, including repatriation in cases of a shipowner’s insolvency (effectively abandonment) and for which
financial security must be in place;
b) unemployment compensation resulting from a ship’s loss or foundering. This should be paid for the days during
which the seafarer remains in fact unemployed at the same rate as the wages payable under the employment
agreement, but the total indemnity payable to any one seafarer may be limited to two months’ wages.
c) compensation in the event of death or long-term disability due to an occupational injury, illness or hazard as set out
in national law, the seafarer’s employment agreement or collective agreement and for which the shipowner must
provide financial security.
Declaration of Maritime Labour Compliance (DMLC)

 Part I is drawn up by Competent Authority and provides:

1. List of matters to be inspected;
2. National requirements;
3. Ship-type specific requirements;
4. Equivalent provisions adopted;
5. Exemptions granted.

 Part II is drawn up by Ship owner and shall identify the measures adopted to ensure ongoing compliance with the national
requirements between inspections and measures proposed to ensure that there is continuous improvement.

 The Competent Authority or R.O. shall certify Part II and issue the DMLC.

Maritime Labour Certificate

 Issued by Competent Authority or Recognised Organization;

 Validity: 5 years with intermediate inspection between 2nd and 3rd anniversary dates;
 Interim certificate valid for 6 months;
 The declaration of maritime labour compliance shall be attached to the maritime labour certificate.