MLC – ILO Convention

Why a new Convention?

 In response to “Globalization”
 Outdated ILO instruments
 Industry changes
 Management
 Mix nationality crews
 Open Registries
 Low ratification levels

It is intended to be globally applicable, easily

understandable, readily updatable and uniformly
enforced.

38 conventions + 30 recommendations

Consolidated into Single Instrument

New subjects, occupational safety and health to meet
current health concerns, such as the effects of noise and
vibration on workers or other workplace risks.

Fourth Pillar
SOLAS MARPOL STCW MLC

The ships of ratifying countries that provide decent

conditions of work for their seafarers will have
protection against unfair competition from substandard
ships and will benefit from a system of certification,
avoiding or reducing the likelihood of lengthy delays
related to inspections in foreign ports.
The part of the Convention which is expected to need
updating from time to time, namely the two-part Code
relating to the technical and detailed implementation of
the basic obligations under the Convention, can be
amended under an accelerated procedure (“tacit
acceptance”)

A multi-level system for effective enforcement

 Seafarers – properly informed of their rights

 Shipowners – develop plans to comply with the
requirements and maintain proper records of
implementation
a certification system for conditions of “decent
work”
 Flag State – Issues the Maritime Labor Certificate
and Declaration of Maritime Labor compliance ( for
vessels over 500 GT)
 Port State – Control inspections

Establishes the principle of “no more favourable

treatment”

Seafarers’ Rights
1. Every seafarer has the right to a safe and secure workplace that
complies with safety standards
2. Every seafarer has a right to fair terms of employment.
3. Every seafarer has a right to decent working and living
conditions on board ship.
4. Every seafarer has a right to health protection, medical care,
welfare measures and other forms of social protection.
The MLC 2006 is the result of a tripartite work between:
Governments of the Member States,
Seafarers Representatives (ITF),
Shipowners Representatives (ISF).

The MLC, 2006 APPLIES to (Art. II) :

ALL SEAFARERS,
ALL SHIPS, whether publicly or privately owned, ordinarily
engaged in commercial activities, other than :
 Ships which navigates exclusively in inland waters or
waters within, or closely adjacent to, sheltered waters or
areas where port regulations apply
 Fishing vessels
 Ships of traditional build such as dhows and junks
 Warships or Naval auxiliaries.

All vessels to which the Convention extends its effects should be

subject to a system of inspection established by the flag State but
the CERTIFICATION scheme is mandatory for vessels of 500 or
more, assigned to a navigation INTERNATIONAL (or sailing
between foreign ports).

The ILO Maritime Labour Conventions currently in force will be

gradually abolished as Member States of the ILO to ratify the
MLC 2006 which will be the single reference document.

The fundamental rights edicted by the ILO are :

" Freedom of Association and the effective recognition of the right
to collective bargaining
" Elimination of all forms of forced or compulsory labour
" Effective abolition of child labour
" Elimination of discrimination in respect of employment and
occupation.

Seafarer means any person who is employed or engaged or works

in any capacity on board a ship to which this Convention applies
(Article II)

Shipowner
means the owner of the ship or another organization or person,
such as the manager, agent or bareboat charterer, who has
assumed the responsibility for the operation of the ship from the
owner and who, on assuming such responsibility, has agreed to
take over the duties and responsibilities imposed on shipowners
in accordance with this Convention, regardless of whether any
other organization or persons fulfil certain of the duties or
responsibiities on behalf of the shipowner.

Structure
The 2006 Maritime Labour Convention has been developed
according to a structure identical to the STCW while improving
readability:
" 1st Level ARTICLES,
" 2nd Level TITLES
" 3rd Level REGULATIONS
" 4th Level CODE, divided in 2 parts :
STANDARD A = provisions are MANDATORY
GUIDELINE B = provisions are NOT MANDATORY

THE 5 TITLES
Title 1 : Minimum Requirements for Seafarers to work on a ship
Title 2 : Conditions of Employment
Title 3 : Accommodations, Recreational facilities, Food and
Catering
Title 4 : Health protection, medical care, welfare and social
security protection
Title 5 : Compliance and Enforcement.

LIST OF DOCUMENTS TO HANDLE (1)

Certification & Inspection:
" Maritime Labour Convention, 2006
" Maritime Labour Certificate
" Declaration of Maritime Labour Compliance, Part I (Flag State)
" Declaration of Maritime Labour Compliance, Part II
(Shipowner)
" List of relevant documents & procedures attached to the DMLC,
Part 2.

LIST OF DOCUMENTS TO HANDLE (2)

1.2 Medical Certificate
1.3 STCW CoC & Endorsement
2.1 Seafarer Employment Agreement
2.1 Collective Bargaining Agreement
2.1 Seafarer’s Record of Employment
2.2 Monthly payslip
2.3 Table of Shipboard working arrangement
2.3 Records of seafarers’ daily worked hours
2.5 Evidence of financial security for seafarers repatriation
2.7 Minimum safe manning certificate
4.1 International Medical guide for ships
5.1.5 Onboard Complaint Procedure

Young seafarers are prohibited from performing night works of

which “Night” shall cover a period of at least nine hours starting
no later than midnight and ending no earlier than 5 a.m.

Young seafarers are prohibited from performing works specifically

listed in DMLC 1 and 2 as hazardous works. A copy of the note,
informing prohibited works to the seafarer with the seafarer’s
signature under “received and read”, and the date of signature, is
kept by the competent officer.

Whether at sea and in port working hours of all young seafarers

under the age of 18:
(a) should not exceed eight hours per day and 40 hours per
week and overtime should be worked only where unavoidable
for safety reasons;
(b) sufficient time should be allowed for all meals, and a
break of at least one hour for the main meal of the day should
be assured; and
(c) a 15-minute rest period as soon as possible following each
two hours of continuous work should be allowed.

Young seafarers shall not be employed in any hazardous work on

any ship. “Hazardous work” means any of the following work:
.i lifting, moving or carrying of heavy loads or
objects;
.ii entry into boilers, tanks and cofferdams;
.iii exposure to harmful noise and vibration levels;
.iv operating hoisting and other power machines and tools, or
acting as signallers to operators of such equipment;
.v handling mooring or tow lines or ground tackle;
.vi rigging;
.vii work aloft or on deck in heavy weather;
.viii servicing of electrical equipment;
.ix exposure to potentially harmful materials or harmful
physical agents such as dangerous or toxic substances and
ionizing radiations;
.x the cleaning of catering machinery; and
.xi the handling or taking charge of ship’s boats, and any
other work which is likely to jeopardize a person’s health or
safety.
In what situation could the Master permit a young
person work at night?
Exceptions can be allowed for:
 training purposes
 where the seafarer’s duties require it, as long as their health
and safety isn’t affected

Master’s Round of inspection

The competent authority shall require that frequent documented

inspections be carried out on board ships, by or under the
authority of the master, with respect to:
(a) supplies of food and drinking water;
(b) all spaces and equipment used for the storage and handling of
food and drinking water; and
(c) galley and other equipment for the preparation and service of
meals.

Expired Medical fitness certificate

The competent authority may permit a seafarer to work without a

valid medical certificate until the next port of call where the
seafarer can obtain a medical certificate from a qualified medical
practitioner, in urgent cases provided that:
(a) the period of such permission does not exceed three months;
and
(b) the seafarer concerned is in possession of an expired medical
certificate of recent date.

The medical certificate shall continue in force if validity of a

certificate expires in the course of a voyage, until the next port of
call where the seafarer can obtain a medical certificate from a
qualified medical practitioner provided that the period shall not
exceed three months.
The Master should not be held responsible if a seafarer embarks
with expired certificates or noncompliance with the STCW
requirements.

Seaman’s Employment Agreement (SEA)

On ship engaged in international voyages a copy of the standard
contract agreement are to be available in English.

There is a master’s obligation that seafarers are given a document

containing a record of their employment on board the ship which
document does not contain any statement as to the quality of the
seafarers' work or as their wages.

The Master shall ensure that the manning agreement signed

between the shipowner and the manning agent is available on
board.
It may, by interview, be confirmed that seafarers were able to
review and understand their contracts before signing them and
that they have not paid any money to obtain that contract.

SEA shall include

(a) the seafarer’s full name, date of birth or age, and
birthplace;
(b) the shipowner’s name and address;
(c) the place where and date when the seafarers’
employment agreement is entered
into;
(d) the capacity in which the seafarer is to be employed;
(e) the amount of the seafarer’s wages or, where applicable,
the formula used for calculating
them;
(f) the amount of paid annual leave or, where applicable, the
formula used for calculating
it;
 (g) the termination of the agreement and the conditions
thereof, including:
(i) if the agreement has been made for an indefinite period,
the conditions entitling
either party to terminate it, as well as the required notice
period,
which shall not be less for the shipowner than for the
seafarer;
(ii) if the agreement has been made for a definite period, the
date fixed for its
expiry; and
(iii) if the agreement has been made for a voyage, the port of
destination and
the time which has to expire after arrival before the seafarer
should be discharged;
(h) the health and social security protection benefits to be
provided to the seafarer
by the shipowner;
(i) the seafarer’s entitlement to repatriation;
(j) reference to the collective bargaining agreement, if
applicable; and
(k) any other particulars which national law may require.

Rest or work period records

These records should be consistent with other onboard various

documents such as vessel logbook, statement of paid overtimes,
shipboard working arrangement etc.), controlled by the
inspectors.
Be aware that a frequent and regular violation of this regulation
2.3 could lead to the revision of the vessel minimum safe manning
certificate by Flag State Authority.

Accommodations
The requirements of this Regulation 3.1 – Accommodation and
onboard recreational facilities apply only to ships constructed on
or after when this Convention comes into force for the Member
concerned.
All shipowners must maintain decent accommodations and
recreational facilities for seafarers working or living on board.
The Master shall ensure frequent and regular inspections and
good maintenance of crew accommodations.

Requirements of Regulation 4.3 – Health and safety protection

and accident prevention is achieved by measures in place fully
meet the requirements of the ISM Code.
Seafarers have to understand that they must use PPE in all
circumstances.
A safety committee shall be established on board a ship on which
there are five or more seafarers.

Onboard Complaint Procedure

While signing his own contract, each seafarer shall receive a copy
of the on-board complaint procedure.
 The Master shall register the complaint and issue a receipt to
the seafarer. Another extra paperwork...
 The Master to have a full knowledge of the relevant
procedure.

The on-board complaint procedures shall include the right of the

seafarer to be accompanied or represented during the complaints
procedure, as well as safeguards against the possibility of
victimization of seafarers for filing complaints.

The term “victimization” covers any adverse action taken by any

person with respect to a seafarer for lodging a complaint which is
not manifestly vexatious or maliciously made.
Onshore seafarer complaint-handling procedures
1. A complaint by a seafarer alleging a breach of the
requirements of this Convention (including seafarers’
rights) may be reported to an authorized officer in the port
at which the seafarer’s ship has called. In such cases, the
authorized officer shall undertake an initial investigation.

2. Where appropriate, given the nature of the complaint, the

initial investigation shall include consideration of whether
the on-board complaint procedures provided under
Regulation 5.1.5 have been explored. The authorized officer
may also conduct a more detailed inspection in accordance
with Standard A5.2.1.

3. The authorized officer shall, where appropriate, seek to

promote a resolution of the complaint at the ship-board level.

DMLC 1&2

The DMLC shall have two parts:

1. Part 1, drawn up by the Flag State,
 Identify the list of matters to be inspected (14 items)
 identify the national requirements by providing a reference
to the relevant national legal provisions of this Convention.
 Refer to ship-type specific requirements under national
legislation
 Record any substantially equivalent provisions
 Clearly indicate any exemption granted by the competent
authority

2. Part 2, drawn up by the shipowner:

  shall identify the measures adopted to ensure ongoing
compliance with the MLC 2006 and the national
requirements between inspections and
 measures to ensure a continuous improvement

Area of DMLC 1 to inspect for certification

The working and living conditions of seafarers that must be

inspected and approved by the Flag State before certifying a
ships :
1) Minimum age, Reg. 1.1
2) Medical certification, Reg. 1.2
3) Qualifications of seafarers, Reg. 1.3
4) Seafarers’ employment agreements, Reg. 2.1
5) Use of any licensed or certified or regulated private recruitment
and placement service, Reg. 1.4
6) Hours of work or rest, Reg. 2.3
7) Manning levels for a ship, Reg. 2.7
8) Accommodation, Reg. 3.1
9) On-board recreational facilities, Reg. 3.1
10) Food and catering, Reg. 3.2
11) Health and safety and accident prevention, Reg. 4.3
12) On-board medical care, Reg. 4.1
13) On-board complaint procedure, Reg. 5.1.5
14) Payment of wages, Reg. 2.2
15) Financial security for repatriation, Reg 2.5
16) Financial security relating to shipowners’ liability, Reg 4.2

Collective bargaining is a process of negotiations between

employers and a group of employees aimed at reaching
agreements to regulate working conditions.
The interests of the employees are commonly presented by
representatives of a trade union to which the employees belong.
The International Bargaining Forum (IBF) is the forum that
brings together the ITF and the international maritime employers
that make up the Joint Negotiating Group (JNG).

What is the DMLC Part II in MLC 2006?

The shipowner / operator shall develop and implement measures

to ensure on-going compliance with the national requirements in
the ship-specific Declaration of Maritime Labour Compliance,
Part II (DMLC II). This declaration is attached to the Maritime
Labour Certificate and sets out the shipowner’s or operator’s plan
for ensuring that the national requirements implementing the
Convention will be maintained on the ship between inspections. 

Who prepares the DMLC Part II for MLC 2006?

The shipowner / operator shall develop and implement measures

to ensure on-going compliance with the national requirements in
the ship-specific Declaration of Maritime Labour Compliance,
Part II (DMLC II).

What needs to be recorded in DMLC Part II as part of

MLC 2006?

Im DMLC Part II the shipowner / operator needs to note the

procedures or make references to existing procedures which
ensure the compliance to the main points of the MLC covering
‘Minimum Requirements for Seafarers to Work on a Ship’,
‘Conditions of Employment’, ‘Accommodation, Recreational
Facilities, Food and Catering’, ‘Health Protection, Medical Care,
Welfare and Social Security Protection’ and ‘Compliance and
Enforcement’. 
What are the Masters’ duties in relation to Health of
crew on board?
 ensure that the ship is provided with an adequate supply of
medicines and medical stores.
 ensure copies of the Ship Captain’s Medical Guide and the
Chemical Supplement are available on board at all times
 medicines and medical stores shall be inspected regularly
and any items used or expired should be replenished or
replaced as soon as practicable. Inspection records should be
maintained.
 Inspections to the crew accommodation should be carried
out at regular intervals.
 All necessary steps should be taken to prevent any infectious
disease spreading among crew members.
 Ensure Shore medical advice (C.I.R.M) is seeked before
administering any medicine onboard.
 Quality of FW, method and frequency of test and record
keeping.
 Provisions and rooms to be regularly inspected and keep
record.
 Signs of rodents and infestations to be regularly inspected
and disinfected.
 Warm clothing in cold climate.
 Protection from excessive heat in tropical climate.

Mentioned below are few important points to consider

before requesting a surveyor onboard for inspection.
1. Ensure DMLC-part-1 and DMLC-part-2 Are Always Present On
Board: Make sure the Declaration of Maritime labour convention-
2006, DMLC-part-1 and DMLC-part-2 are signed by the
company’s Designated Person Ashore (DPA) or manager and are
retained onboard. These two documents are extremely important
for the inspection. DMLC certificates must be present on board all
the time.
DMLC-Part 1 is to be completed by the attending surveyor and
will identify the topics for inspection, and list the relevant pieces
of legislation implementing the MLC, 2006 together with any
substantial equivalents and exceptions that have been granted.
DMLC-Part 2 has to be completed by the ship owner and verified
by the attending surveyor when the first inspection is completed.
It details the measures adopted by the shipowner to ensure
ongoing compliance with the national requirements.
A copy of DMLC must be posted at a place on board which is
accessible to all seafarers.
2. Ensure Crew is Provided with Onboard Complaint Procedure:
Crew complaint procedure, which includes record of crew
complaints, to be maintained on board. Complaint procedure
guide, with port state and flag state address, also to be displayed
where applicable and should be available for crew. Seafarers
should have the right to lodge a complaint directly with the
master and also with appropriate external authorities when
necessary.
3. Ensure Signed Copy Of Seafarer Employment Certificate is
Provided to All Seafarers: Seafarer employment agreement (SEA),
SEA should be in accordance with MLC 2006. Break down of
wages, deductions in wages, extension clause in case of a crew
extending his/her contract, collective bargaining agreement
(CBA), crew complaint procedure etc. are to be mentioned
properly as these are main areas where SEA can be asked to be
revised.
4. Collective Bargain Agreement Must Be Available On board:
Collective Bargain Agreement (Usually exists between shipowner
and national seafarers’ union/ITF) is one of the most important
documents which has to be retained onboard and should be
available to all crew mentioned on SEA.
This is the document which details all the terms and conditions of
the crew employed on the ship. It specifies entitlements such as
pay (in the form of a wage scale), working hours, etc.
5. Rest Hours Record Should Be Properly Maintained: Rest
Hours, record of rest hour period should be properly maintained
onboard as recommended by the flag state. Care should be taken
while filling the rest hour period form and all personnel should
have minimum of 10 hrs rest period in a day and 77 hrs rest
period on a week. The 10 hours rest period per day can be divided
in to two periods – one of which should be at least 6 hours
continuous period of rest. For a person less than 18 years of age,
night watch or other duties at night is not allowed.
The rest hour form should be as per flag state format. Work
Schedule and watch-keeping schedule should be maintained and
displayed on notice boards. This document should have
information of watch keeping while at sea and port and should
also state non-watch keeping duties carried out, and hours of rest
period.
6. Maintain Record of Wage Bills Properly: Record of Wage Bill
for every month should be maintained and Wage Slips should be
readily available with all crew in time of inspection. Both wage bill
and wage slip should quote salary breakdown, tax and other
deductions if applicable.
7. Mess Committee Records- As per MLC-2006 every vessel
should have a mess committee on-board and meetings are to be
conducted on regular intervals for crew suggestions and
improvement of food prepared. Record should be maintained of
such meetings. Records of safety committee, although this is a
common document on every company’s ISM plan, should be
available for the inspection of surveyor.
8. Ensure Certificates of qualification and training of cooks and
catering staff is ready: Cook qualification, MLC suggests that
person who is designated as cook onboard, should be a person
who is qualified as cook from a recognised institute and should
hold a Certificate of competency as cook and flag state
endorsement should be available for the same. The inspector
often checks the qualification certificates of the cook.
9. All Crew Qualification and Documents Must Be Available for
Inspection – According to MLC, all crew members working
onboard should be qualified and have all official documents as per
STCW, flag state endorsements and equivalents. The minimum
age limit for a person to work on board as per MLC-2006 is
Sixteen years. Ensure all the certificates are available along with
the originals for inspection if asked.
10. Valid Medical Certificate Should Be With Every Seafarer:
Medical Certificates of crew on board should be valid and meet
the international standards required by ILO/ WHO guidelines
and cover hearing, sight, colour vision etc. Every seafarer has to
submit medical certificate to the master. Ensure that the
certificate is not expiring during the period of voyage.
11. Safe Manning Certificate Must Be Available for Inspection:
Master should make sure the vessel is manned as per safe
manning certificate issued by the flag state and a copy of safe
manning certificate must be available to the MLC surveyor
inspection. The certificate is made by the company and approved
by the Flag State.
12. A Copy of Recruitment and Placement Service Certificate
Should Be Available Onboard : As per MLC a copy of agreement
between the owner and RPS Company should be available on
board and the manning agency should follow the guidelines of
MLC-2006 and national labour laws for recruitment. In case of
ownership employment a licensed manning agency is not
required, provided that owner has to recruit as per MLC – 2006
and national labour laws recommendations.
13. Prepare For Crew Interview: It is the most important and
critical aspect of MLC inspection. All crew from top to bottom will
be interviewed. The inspector will ask the crew (rating) regarding
working condition, food, treatment, facility on board and the
surveyor will probe the crew if he/she is satisfied and happy with
wages paid. Apart from this, crew should be aware of their SEA,
CBA etc. He will also emphasise on knowledge of crew regarding
safe work practices, pollution regulations or anything related and
applicable. For successful crew interview the master can arrange a
meeting prior inspection and can give his advice and prepare the
crew for inspection, (personal opinion) but not a necessity.
14. Ensure proper Housekeeping and Cleanliness of
Accommodation, Galley and Mess room: Inspection of House
Keeping and hygiene, galley, mess room, dry and perishable
provision stores, reefers, cabins and common toilets will be made
by the MLC auditor. All these places should be neat, tidy and
hygienic. It is always better to double check the toilet flushes and
lights on cabins and in accommodation area, because this might
result in huge Non-conformity if these items are faulty.
The inspector might also ask regarding recreation facilities
available onboard ships. He would also check medical supplies for
on board medical care of seafarers and if the person responsible
for medical care is trained properly or not.
15. All Important Certificates Must Be Available for Inspection:
Copies of medical chest certificate, Sanitary Control certificate
(SSCC/SSCEC), safety construction, crew accommodation
certificate, ship’s registry, continuous synopsis record etc. have to
be available for MLC auditor’s reference. Also make sure the IMO
publications and other required documents are present onboard
at the time of survey.
The termination of the agreement (SEA) and the
conditions thereof, including:
(i) if the agreement has been made for an indefinite period,
the conditions entitling either party to terminate it, as well
as the required notice period, which shall not be less for the
shipowner than for the seafarer;
(ii) if the agreement has been made for a definite period, the
date fixed for its expiry; and
(iii) if the agreement has been made for a voyage, the port of
destination and the time which has to expire after arrival
before the seafarer should be discharged;

Repatriation
This gives seafarers the right to be returned to their home
country:
 when their employment contract ends or is cancelled
 when they’re no longer able to carry out their duties
 in the event of shipwreck
 if their ship is bound for a war zone they haven’t agreed to go
to
Shipowners cannot request advance payment for repatriation
from seafarers. 

Accommodation inspection
1. Accommodation spaces, in general, must be kept clean
and free of dirt and dust.

2. All cabin portholes must be checked for water

tightness.

3. All cabins should be checked for running hot and cold

water in the washrooms.

4. The bed, being the abode of every seafarer after work,

must be checked for clean sheets, washed linen and
overall tidiness.
5. The heating and ventilation in every cabin as well as
common accommodation spaces, including the
recreational room, should be checked for operational
integrity.
6. Smoking areas must be provided with the ubiquitous
covered ashtrays.

7. The lighting of the accommodation spaces should be

checked.

8. The laundry room must be inspected for working

order. The washing machines, separate for civil clothes
and boiler suits/overall, adequate supply of detergent,
the dryer’s maintenance must all be given a thorough
check.

9. Sanitary facilities in the common spaces as well the

cabins are to be checked for good order. Supplies of
personal care products, cleaning material to keep the space clean
is imperative and be supplied to all crew at the beginning of every
month.

10. Garbage segregation must be checked for in a room.

The dustbins shouldn’t be overflowing and causing any
unnecessary stench.
Ship carrying more than 15 people must have a dedicated hospital
with basic amenities and equipment which also needs regular
inspection. Checks should be made to ensure that separate set of
linen, beddings, clothes etc. for patients are provided in the
hospital. Medical chest provided in the hospital must also be
inspected for presence of required medicine and expiry date.
Medicine chest log to be inspected for date of disposal and new
addition of medicines.

The mess room MUST be kept as clean as is humanly possible!

Standard A2.2 – Wages

1. Each Member shall require that payments due to seafarers
working on ships that fly its flag are made at no greater than
monthly intervals and in accordance with any applicable collective
agreement.
2. Seafarers shall be given a monthly account of the payments due
and the amounts paid, including wages, additional payments and
the rate of exchange used where payment has been made in a
currency or at a rate different from the one agreed
to.
3. Each Member shall require that shipowners take measures,
such as those set out in paragraph 4 of this Standard, to provide
seafarers with a means to transmit all or part of their earnings to
their families or dependants or legal beneficiaries.
4. Measures to ensure that seafarers are able to transmit their
earnings to their families include:
(a) a system for enabling seafarers, at the time of their entering
employment or during it, to allot, if they so desire, a proportion of
their wages for remittance at regular intervals to their families by
bank transfers or similar means; and
(b) a requirement that allotments should be remitted in due time
and directly to the person or persons nominated by the seafarers.

Guideline B2.2.2 – Calculation and payment

1. For seafarers whose remuneration includes separate
compensation for overtime worked:
(a) for the purpose of calculating wages, the normal hours of work
at sea and in port should not exceed eight hours per day;
(b) for the purpose of calculating overtime, the number of normal
hours per week covered by the basic pay or wages should be
prescribed by national laws or regulations, if not determined by
collective agreements, but should not exceed 48 hours per week;
collective agreements may provide for a different but not less
favourable treatment;
(c) the rate or rates of compensation for overtime, which should
be not less than one and one-quarter times the basic pay or wages
per hour, should be prescribed by national laws or regulations or
by collective agreements, if applicable; and
(d) records of all overtime worked should be maintained by the
master, or a person assigned by the master, and endorsed by the
seafarer at no greater than monthly intervals.

Regulation 2.3 – Hours of work and hours of rest

(a) hours of work means time during which seafarers are required
to do work on account of the ship;
(b) hours of rest means time outside hours of work; this term does
not include short breaks.

the normal working hours’ standard for seafarers, like that for
other workers, shall be based on an eight-hour day with one day
of rest per week and rest on public holidays.

5. The limits on hours of work or rest shall be as follows:

(a) maximum hours of work shall not exceed:
(i) 14 hours in any 24-hour period; and
(ii) 72 hours in any seven-day period;
or
(b) minimum hours of rest shall not be less than:
(i) ten hours in any 24-hour period; and
(ii) 77 hours in any seven-day period.

6. Hours of rest may be divided into no more than two periods,

one of which
shall be at least six hours in length, and the interval between
consecutive periods of rest shall not exceed 14 hours.
7. Musters, fire-fighting and lifeboat drills, and drills prescribed
by national laws and regulations and by international
instruments, shall be conducted in a manner
that minimizes the disturbance of rest periods and does not
induce fatigue.
8. When a seafarer is on call, such as when a machinery space is
unattended, the seafarer shall have an adequate compensatory
rest period if the normal period of rest is disturbed by call-outs to
work.
10. Each Member shall require the posting, in an easily accessible
place, of a table with the shipboard working arrangements, which
shall contain for every position at least:
(a) the schedule of service at sea and service in port; and
(b) the maximum hours of work or the minimum hours of rest
required by national laws or regulations or applicable collective
agreements.

What are the new requirements?

According to the 2018 MLC amendments, as agreed by the Special
Tripartite Committee (STC) on 27 April 2018, a SEA shall
continue to have effect while a seafarer is held captive on or off
the ship as a result of acts of piracy or armed robbery against
ships.  The SEA will be deemed to have effect regardless of
whether the expiration date of the contract has passed or either
party has given notice to suspend or terminate it.
While it was acknowledged that the overwhelming majority of
shipowners do provide for the families of captured seafarers, the
STC decided that the amendments will clarify the grey areas over
the expiry of fixed-term contracts and the continued payment of
wages during the entire period of unlawful captivity.  To this end,
the purpose of the amendments is to codify the protection of
seafarers’ wages and other entitlements due from the shipowner
to the seafarer under their employment agreement, the relevant
collective bargaining agreement or the national law of the flag
State during a period when the seafarer is held captive and to
ensure that responsibility for such is taken by the appropriate
party.
When will the requirements enter into force?
The 2018 MLC amendments are expected to enter into force in
January 2021, subject to their approval by the International
Labour Conference in June 2018.
What do I need to do?
Where a seafarer is held captive as a result of acts of piracy or
armed robbery, wages and entitlements, including the remittance
of any allotments, shall continue to be paid during the entire
period of captivity and until the seafarer is released and duly
repatriated.  If the seafarer dies while in captivity, wages and
entitlements should be paid until the date of death as determined
in accordance with applicable national laws.  The entitlement to
repatriation shall not lapse if the seafarer concerned does not
claim it within a reasonable period of time due to being captive.
the second set of amendments to the Maritime Labour
Convention (MLC) for improving crew safety and welfare – agreed
in 2016 – have now come into force.

The amendments are comprised of additions to the guidelines of

Regulation 4.3. They cover health and safety protection and
accident prevention, and entered into force on 8 January 2019. 

Three changes have been made:

(i)  account is to be taken of the latest version of the guidance

on eliminating shipboard harassment and bullying (which is
jointly published by the International Chamber of Shipping
and the International Transport Workers' Federation).

(ii) in addition to the various health and safety matters which

the MLC requires should be taken into account, there is added
'harassment and bullying'. 

(iii) to the list of matters which should be considered for

investigation in a health and safety context, there is added
'problems arising from harassment and bullying'. 

These changes should help to improve safety onboard, as well as

enhancing seafarers' welfare, a subject which has had much
attention recently in the form of seminars and discussions. 
Although the changes are to the non-mandatory Code B of the
MLC, flag states must give due consideration to implementing
them.

A further amendment has been made to mandatory Standard

A5.1.3, whereby flag states may extend the validity of a Maritime
Labour Certificate (which is otherwise limited to a maximum
period of validity of five years) by up to a further five months. 
This will apply where a ship has successfully completed an MLC
renewal inspection, but a new certificate cannot immediately be
issued and made available onboard.
Insurance Certificate
Ships that are subject to the MLC will be required to display
certificates issued by an insurer or other financial
security provider confirming that insurance or other financial
security is in place for liabilities in respect of
 outstanding wages and repatriation of seafarers together with
incidental costs and expenses in accordance with MLC
Regulation 2.5, Standard A2.5.2 and Guideline B2.5,
 and compensation for death or long-term disability in
accordance with Regulation 4.2., Standard A4.2. and Guideline
B4.2.

The Certificates will be sent to Members by their clubs in PDF

format based upon the wordings in Annexes 1 and 2. Members
must then print the Certificates and ensure that they are posted
in a conspicuous place on board where they are available to
seafarers no later than 18 January 2017.

Abandonment
Under the Maritime Labour Convention 2006 (‘MLC’), you are
deemed to have been abandoned if the shipowner
 fails to cover the cost of your repatriation;
 or has left you without the necessary maintenance and
support;
 or has otherwise unilaterally severed his ties with you,
including his failure to pay your contractual wages for a
period of at least two months.

Top MLC Detainable Deficiencies

Wages
Sanitary facilities
Calculation and payment of wages
Cleanliness of engine room
Sleeping room, additional spaces
Provisions quantity
Heating, air conditioning ventilation
Electrical
Prevention injuries and diseases
Qualification of ship’s cook
Galley, handling room
Fitness for duty-work and rest hours
Medical equipment, chest, guide
Cleanliness