Introduction to Basics of MLC - 1

www.seafarers.edu.in 1

Objectives

Understanding the relevant requirements of the

MLC 2006


Earlier Situation

• Very different

working and living

conditions for

seafarers

• There were many ILO

rules and regulations

• They were too

specific for

enforcement;

• No flexibility

No mandatory minimum

standard worldwide !


International Labour Organization

• Abbreviation: ILO

• Founded: 1919 in Paris

• Specialized agency of the United Nations

since 1946 ( parallel to IMO)

• Humanitarian and political motivation

• Creation of international labour standards

• Special maritime sessions

23rd February 2006:

• 94th International Labour Conference

(10th Maritime Labour Conference)

• Maritime Labour Convention, 2006

• Also called ILO ‘Super Convention’


International Labour Organization

Owners’

Representatives

Seafarers’

Representatives

Governments


Purpose of MLC 2006

• Enforced seafarers‘ rights

• Fair competition for shipowners

• One comprehensive set of global standards

• Also referred to as the CONSOLIDATED Maritime Labour

Convention, 2006

• Almost all of the existing maritime labour instruments were

included into the new MLC 2006

• Updates to the requirements, where applicable

• The MLC 2006 is intended to be:

• Globally applicable

• Easily understandable

• Readily updateable

• Uniformly enforced


IMO

SOLAS MARPOL STCW

ILO

MLC

International Regulatory Regime for

Quality Shipping

Purpose of MLC 2006


Application of the Convention

Status

Adopted by ILO in 2006.

Ratified by 30 countries with 33% of world’s GT

on 20th Aug 2012.

In force from 20th Aug 2013.

Presently (Aug 2014) 58 countries with 80% of

world’s GT has ratified.

India has already rectified MLC 2006 and all our

ships satisfy all the requirements.



All Ships

MLC applies to all ships, publicly or privately owned,

ordinarily engaged in commercial activities.

Excludes ships that navigate exclusively in:

• Inland waters

• Waters within sheltered waters

• Waters closely adjacent to land

• Areas where port regulations apply

Excludes

• ships engaged in fishing

• ships of traditional build such as dhows and junks

• warships or naval auxiliaries



All Ships

What about ships flying the Flag of a State that has

not ratified MLC 2006?

NO MORE FAVOURABLE TREATMENT

• Concept also found in IMO Conventions

• Port State Control: ships of all countries will be

subject to inspection (and detentions if applicable

minimum standards are not fulfilled)


• All crew members covered by STCW

• All additional persons working on board

• Artists/musicians, photographers, hair dressers,

therapist, animators etc. on board of cruise ships

• Scientists, laboratory technicians etc. on board of

research vessels

• Supercargoes, service technicians, animal-keeper etc.

(live-stock)


All SeafarersSeafarer means any person who is

employed or engaged or works in any

capacity on board a ship to which this

Convention applies



All Seafarers

Shipowner means the ship’s owner, or another

organization or person, who has control over the

operation of the ship - such as management

company, bareboat charterer, etc.



All Seafarers

Seafarer Recruitment and Placement Service

means any person or organization, in the public or

the private sector, engaged in recruiting seafarers

on behalf of shipowners or placing seafarers with

shipowners


MLC 2006 covers following matters

Subject

1.1 Reg.

1.2 Medical Certification

1.3 Qualifications of Seafarers

1.4 Use of any licensed or certified or regulated private

recruitment and placement service

2.1 Seafarers employment agreements

2.2 Payment of Wages

2.3 Hours of work or rest

2.4 Entitlement to leave

2.5 Repatriation


MLC 2006 covers following matters

Subject

2.7 Manning levels for the ship

3.1 Accommodation

3.1 On-board recreational facilities

3.2 Food & Catering

4.3 Health & Safety & accident prevention

4.1 On-board medical care

4.2 Ship owner's Liability

4.5 Social Security

A.5.1.1 Copy of MLC 2006 on board

5.1.5 On-board complaint procedures


Title 1: Minimum Requirements for Seafarers to Work on a Ship

Reg. 1.1 Minimum age

Reg. 1.2 Medical certificate

Reg. 1.3 Training and qualifications

Reg. 1.4 Recruitment and placement

Structure of MLC 2006


Regulation 1.1 – Minimum age

1. Minimum age to be employed at sea is 16 years.

2. In India, minimum age is 18 years.

3. In case you are in charge, you must know:

For night work minimum age is 18 years. ‘Night’

may be defined by flag state but usually 2000 to

0500 ship's time.

Under 16 should not be used for jobs involving high

risk.

Structure of MLC 2006



Regulation 1.2: Medical certificate

Basic requirements:

Seafarers must have a valid medical certificate:

• Medical certificate: valid for max 2 years (max 1 year if under

18 years.

• Certificate of colour vision: valid for max 6 years

– Expiry of a certificate during a voyage: Continue to be valid

until the next port where a new medical certificate can be

obtained, but limited to 3 months

– Medical certificates must be available in English on ships

ordinarily embarking on international voyages.



• Regulation 1.3: Training and qualifications

Basic requirements:

– Seafarers must be trained or certified as competent or otherwise qualified to perform their duties.

– Seafarers must have successfully completed a training for personal safety on board ships.

– Training and certification according to IMO instruments ( STCW) are acceptable.



Regulation 1.4: Recruitment and placement

Basic requirements:– PUBLIC service operated by a MLC ratifying state the Member state has to ensure that the service is operated in compliance with the MLC 2006

– PRIVATE service operated in MLC 2006 ratifying state: operation of the service in conformity with a standardized system of licensing or certification MLC 2006 lists minimum requirements that have to be ensured by this system

– service operating in a territory in which the MLC 2006 does not apply:the shipowner has to ensure as far as is practicable, that the service meets the requirements of the MLC 2006



Title 2: Conditions of Employment

Reg. 2.1 Seafarers’ employment agreements

Reg. 2.2 Wages

Reg. 2.3 Hours of work and hours of rest

Reg. 2.4 Entitlement to leave

Reg. 2.5 Repatriation

Reg. 2.6 Seafarer compensation for the ship’s loss

Reg. 2.7 Manning levels

Reg. 2.8 Career and skill development and opportunities for

seafarers’ employmentwww.seafarers.edu.in 21


Regulation 2.1: Seafarers’ employment agreements

Basic requirements:• Shipowner and seafarer shall both have a signed original of

the seafarers employment agreement.• Opportunity to examine and seek advice on the agreement

before signing.• Clear information on the conditions of employment to be

available on board copy of the employment agreement collective bargaining agreement, if applicable relevant information to be available in English

• Record of employment NO statement regarding quality of work and wage

• Definition of minimum contents of employment agreements


Minimum contents of employment agreements:

(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) Indefinite period agreement: 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) Definite period agreement: The date fixed for its

expiry; and

(iii) Voyage agreement: 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



Regulation 2.2: Wages

Basic requirements:

All seafarers have to be paid

• Regularly

• In full

• In accordance with their employment agreements

• Payment at intervals no greater than one month

• Monthly accounts to be given to the seafarer (including

information on payments due, amount paid, wages, additional

payments, rate of exchange)

• Means to transmit earnings have to be granted



Regulation 2.3: Hours of work and hours of rest

Basic requirements:– Regulation of maximum hours of work

• 14 hours in any 24-hour period

• 72 hours in any seven-day period

– OR regulation of minimum hours of rest

• 10 hours in any 24-hour period

• 77 hours in any seven-day period

– Hours of rest

• Division into max two periods

• One of which at least 6 hours

• Max interval between two rest periods: 14 hours



ILO MLC:

Max hours of work:

14 hrs. within any 24 hrs.

and

72 hrs. within 7 days

Minimum hours of rest:

• 10 hrs. within any 24 hrs.

and

• 77 hrs. within 7 days



Regulation 2.4: Entitlement to leave

Basic requirements:

- granting of paid annual leave under

appropriate conditions

- granting of shore leave

- minimum standards to be defined through

national laws and regulations

- the annual leave with pay entitlement:

at least 2.5 calendar days per month of

employment



Regulation 2.5: Repatriation

Basic requirements:

– right for repatriation at no cost to seafarer (according to the circumstances specified)

– provision of financial security to ensure repatriation

– entitlement to repatriation:

a) Expiry of employment agreement whilst abroad

b) Termination of seafarers’ employment agreement by shipowner or by seafarer for justified reasons

c) Seafarers’ disability - unable to perform duties in work agreement



Regulation 2.5: Repatriation

Basic requirements:

– max. service period after which a seafarer is entitled to repatriation: < 12 months

– shipowners are prohibited from:

a) requesting an advance payment

b)recovering the costs from wages or other entitlements

– ships have to carry and make available a copy of the applicable national provisions



Regulation 2.6: Seafarer compensation for the loss or foundering of ship

Basic requirements:

– entitlement to adequate compensation due to loss or foundering of ship in the case of

• injury

• loss

• unemployment

– in case of ship’s loss or foundering: shipowner to pay an indemnity against unemployment



Regulation 2.7: Manning levels

Basic requirements:

– Adequate crew with regard to

• Size

• Qualifications

– To ensure

• Safety and security

• Of the ship and its personnel

• Under all operating conditions

Manning of every ship in accordance with the minimum safe manning document or an equivalent (issued by flag state)



Regulation 2.8: Career and skill development and opportunities for seafarers’ employment

Basic requirements:– national policies to be issued by the flag state

• to promote employment in the maritime sector

• to encourage career and skill development

• encourage greater employment opportunities

– help for seafarers to strengthen their competencies, qualifications and employment opportunities

– clear objectives regarding vocational guidance, education and training of seafarers



Reg. 3.1 Accommodation and recreational

facilities

Reg. 3.2 Food and catering

Title 3: Accommodation, Recreational Facilities, Food and Catering


Regulation 3.1: Accommodation and recreational facilities

Basic requirements:

– Minimum standards ensuring that accommodation for seafarers working or living on board is

• Safe

• Decent

• In accordance with the requirements set out in the MLC 2006

– Inspection of ships needed

• When a ship is (re) registered

• After substantial alterations of accommodation




Regulation 3.1: Accommodation and recreational facilities

Basic requirements:

a. General requirements for accommodation

b. Requirements for ventilation and heating

c. Lighting

d. Sleeping accommodation

e. Mess rooms

f. Sanitary facilities

g. Hospital accommodation

h. Laundry facilities / spaces on open deck / offices / recreational facilities


• Headroom min 203 cm

• Insulation

• Sleeping rooms above load line

• No direct openings to sleeping rooms from cargo or

machinery rooms or other public areas

• Proper lighting and sufficient drainage

• Accommodation, recreational and catering facilities:

– Health and safety protection and accident

prevention

– Prevent the risk of exposure to hazardous levels

of noise and vibration

• Heating and ventilation



Mess rooms

– Apart from sleeping rooms and close to the galley

– Adequate size and comfort, properly furnished & equipped

– Appropriate for number who use mess rooms at any time

Sanitary facilities

– Good standard of health, hygieneand and comfort

– Separate for men and women

– Near navigation bridge, eng room and ECR (no need for

<3000 GT)

– WC, wash basin, tub or shower for every 6 persons, or less

– Each sleeping room with wash basin (hot & cold water),

except PAX vessels.

– Hot and cold running water available in all wash places



Regulation 3.2: Food and catering

Basic requirements:

– Provision of food: free of charge

– Food and drinking water supplies in consideration of

• Number of seafarers

• Religious requirements / cultural practices

• Duration and nature of the voyage

– Suitability in respect of quantity / quality and nutritional value

/ variety

– Frequent and documented inspections on board




Basic requirements:

• Catering department

Preparation of adequate, varied and nutritious meals

Hygienic conditions

Appropriate equipment and organization of catering department

• Catering staff

Trained / instructed

• Ships’ cooks

Trained / qualified / found competent

Approved / recognized training course

No seafarer under the age of 18

Regulation 3.2: Food and catering


Title 4: Health Protection, Medical Care, Welfare and Social Security Protection

Regulation 4.1: Medical care on board ship and ashore

Basic requirements:

– Seafarers to be covered by adequate measures for protection of their health

– Access to prompt and adequate medical care at no cost to the seafarer

– Health protection and medical care comparable to workers ashore

– Right to visit a qualified medical doctor / dentist in ports

– Preventive health measures

– Standard medical report form

– Medicine chest, medical equipment, medical guide

– One seafarer in charge of Medical Care in compliance with STCW

– Provision of medical advice via radio or satellite by Members



Regulation 4.2: Shipowners’ liability

Basic requirements:

– right to material assistance and support from the shipowner:

• costs due to sickness, injury or death during/arising from

engagement on board

• financial security for compensation in case of death / long-term

disability

• expenses of medical care, board and lodging

• burial expenses

• payment of wages in case of incapacity for work

– shipowners liability may be limited / minimum: 16 weeks


Regulation 4.3: Health and safety protection and accident prevention

Basic requirements:

– Occupational safety and health policies and programmes

– On-board programmes

• Prevention of occupational accidents / injuries / diseases

• Continuous improvement of occupational safety and health

– Inspection, reporting, investigation and correction of unsafe conditions / occupational accidents

– Safety committee on board (ships with 5 or more seafarers)

– Analysis of accidents by the flag State Authority as basis for risk assessment



Regulation 4.5: Social security

Basic requirements:

– Social security protection for seafarers subject to national

legislation

– No less favourable than the entitlements for shore workers

– branches:

medical care / sickness benefit / unemployment benefit / old-

age benefit / employment injury benefit / family benefit /

maternity benefit / invalidity benefit / survival benefit

– Complementary social security protection for seafarers

ordinarily resident in its territory

– Cooperation to ensure maintenance of social security rights

by all seafarers regardless of their residence



Regulation 5.1.5: On-board complaints proceduresBasis requirements:

– On-board procedures for complaints - fair, effective & quick

– Resolving complaints at the lowest level possible

– Right to complain directly to the Master or to appropriate

external authorities

– Right to be accompanied / represented

– Safeguards against victimization

– Copy to be provided to all seafarers

• Competent authority in Flag State

• Competent authority in country of residence

• Person on board that can be addressed on a confidential

basis

Regulation 5.1: Flag State Responsibilities


www.seafarers.edu.in

Documents

Introduction to Basics of MLC - 1