Latin American Panel November 6, 2013

Leading the way; making a difference

Latin American Panel November 6, 2013

ILOMARTIME LABOR

CONVENTIONJOSEPH ANGELO

DEPUTY MANAGING DIRECTOR


• Adopted at ILO Conference in Feb 2006• Entry into force conditions – 30 countries representing 33% of the world’s grt

• Conditions met on August 20, 2012 when Philippines ratified

• Entered into force on August 20, 2013• Consolidation of 37 ILO conventions and 31 ILO recommendations


Currently, 47 countries, 76.2% world grt• Flag states: Bahamas, Cyprus, Greece, Liberia,

Malta, Marshall Islands, Panama• Most European nations• Asia: Japan, Philippines, Singapore, Vietnam• Many small island nations if Pacific and

Caribbean• Others: Australia, Canada, Russian Federation

Gabon, Nigeria, South AfricaNot yet: China, USA and most Middle East and South American countries


Convention Composition• Articles• Regulations• CodeThe Articles and Regulations set out the core rights and principles and obligations of countries ratifying the conventionThe Code contains the implementing details for the regulations comprising Part A (mandatory) and Part B (guidelines)


Article II - DefinitionsSeafarer - means any person who is employed or engaged or works in any capacity on board a ship to which this Convention appliesShipowner - 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 the shipowner


Article III - Fundamental Rights• Freedom of association and the effective recognition of the right to collective bargaining;

• Elimination of all forms of forced or compulsory labor;

• Effective abolition of child labor; and• Elimination of discrimination in respect of employment and occupation.


Article IV – Seafarers’ Employment and Social Rights• Safe and secure workplace that complies with

safety standards• Fair terms of employment• Decent working and living conditions on board

ship• Health protection, medical care, welfare measures

and other forms of social protection• Each Member shall ensure that the seafarers’

employment and social rights are fully implemented in accordance with the requirements of this Convention.


Article V – Implementation and Enforcement Responsibilities• Each Member shall ensure that ships that fly its

flag carry a Maritime Labour Certificate and a Declaration of Maritime Labour Compliance

• Each Member shall implement its responsibilities under this Convention in such a way as to ensure that the ships that fly the flag of any State that has not ratified this Convention do not receive more favorable treatment than the ships that fly the

flag of any State that has ratified it


Article VI – Regulations and the Code• Each Member undertakes to implement each

Regulation in the manner set out in the corresponding provisions of Part A of the Code

• A Member which is not in a position to implement the rights and principles in the manner set out in Part A of the Code may implement Part A through provisions in its laws and regulations or other measures which are substantially equivalent to the provisions of Part A


The Regulations and the Code are organized into general areas under five Titles:Title 1: Minimum requirements for seafarers to work on a shipTitle 2: Conditions of employmentTitle 3: Accommodation, recreational facilities, food and cateringTitle 4: Health protection, medical care, welfare and social security protectionTitle 5: Compliance and enforcement


Title 1: Minimum requirements for seafarers to work on a ship• Minimum age (under 16 prohibited, night work under 18 prohibited)

• Medical certificate (STCW Medical Certificate shall be accepted)

• Training and qualifications (IMO requirements accepted)

• Recruitment and placement


Title 2: Conditions of employment• Seafarers’ employment agreements• Wages (paid for work in accordance with employment agreements, guidelines for compensation for overtime)

• Hours of work and hours of rest- maximum hours of work shall not exceed: (i) 14 hours in any 24-hour period; and (ii) 72 hours in any seven-day period;- 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.


Title 2: Conditions of employment (con’t)

• Entitlement to leave• Repatriation (no cost to seafarer under certain circumstances, no advance payment

or recovery of costs from wages)• Seafarer compensation for the ship’s loss or foundering

• Manning levels (minimum safe manning doc)• Career/skill development and opportunities for seafarers’ employment


Title 3: Accommodation, recreational facilities, food and catering

• Accommodation and recreational facilities (minimum size requirements)

• Food and catering (food and drinking water of appropriate quality, nutritional value and quantity that takes into account the differing cultural and religious backgrounds


Title 4: Health protection, medical care, welfare and social security protection• Medical care on board ship and ashore (prompt/adequate medical care at no cost)

• Shipowners’ liability• Health and safety protection and accident prevention (safe/hygienic work environment, extensive guidelines, eg. noise, vibration, etc.)

• Access to shore-based welfare facilities• Social security


Title 5: Compliance and enforcementFlag State responsibilities• General principles• Authorization of recognized organizations• Maritime Labour Certificate and Declaration of Maritime Labour Compliance

• Inspection and enforcement• On-board complaint procedures• Marine casualties


Maritime Labour Certificate (MLC)• Valid for five (5) years• Certifies working/living conditions on the ship

have been inspected and meet the requirements of national laws or regulations

Declaration of Maritime Labour Compliance (DMLC) – 2 parts• Part I stating the national requirements

implementing the working and living conditions• Part II setting out the measures adopted by the

shipowner to ensure compliance


On-board Complaint Procedures• Each Member shall require that ships that fly its

flag have on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements the Convention

• Each Member shall prohibit and penalize any kind of victimization of a seafarer for filing a complaint


Title 5: Compliance and enforcementPort State responsibilities• Inspections in port• Onshore seafarer complaint-handling

procedures

Labour-supplying responsibilities• Each Member shall enforce the requirements of

this Convention applicable to the operation and practice of seafarer recruitment and placement services established on its territory through a system of inspection/monitoring


Port State Control• All ships are subject to PSC inspection• Initial inspection shall be limited to review of MLC

and DMLC• When the required documents are not in order; OR

There are clear grounds for believing that the working and living conditions on the ship do not conform to the requirements of this Convention; OR There is a complaint alleging that specific working and living conditions on the ship do not conform to the requirements of this Convention;

A more detailed inspection may be carried out


Port State Control• Resolution XVII - Practical implementation of the

issue of certificates on entry into force states “…during a period of one year following the initial entry into force of the Convention, Members (both flag and port States) give due consideration to allowing ships to continue to operate without the certificate and declaration referred to, provided that their inspectors have no evidence that the ships do not conform to the requirements of the Convention.”

• Australia, Canada, Denmark, the Russian Federation and Spain have detained vessels for violations of the MLC


Guidelines• ILO Maritime Labour Convention, 2006

Frequently Asked Questions (FAQ)• ILO Guidelines for flag State inspections under

the MLC• ILO Guidelines for port State control officers

carrying out inspections under the MLC• ISF Guidelines on the Application of the ILO MLC• Clyde and Company


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Documents

Latin American Panel November 6, 2013