STIMAR “AMI”
MARITIME LABOUR
CONVENTION, 2006
Dies Natalis STIMar”AMI” ke 64
Presentasi oleh:
Capt. Huske Dwi Gustian, S.SiT, M.MTr, M.Mar
International Labour Organization
STIMAR “AMI”
MARITIME LABOUR CONVENTION 2006
BACKGROUND TO MARITIME
LABOUR CONVENTION 2006
International Labour Organization
STIMAR “AMI”
COMMON TERMINOLOGY
ILO - www.ilo.org
IMO - www.imo.org
Tripartit dan sosial dialog
Kondisi kerja
Flag state
Port State
Port State Control Memorandum of
Understanding ( www.parismou.org)
Classification Society (ROs’) ( www.iacs.org.uk)
International Labour Organization
STIMAR “AMI”
Seafarers working
and living condition
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STIMAR “AMI”
Seafarers have always
been of special
concern to the
International Labour
Organization (ILO)
International Labour Organization
STIMAR “AMI”
Tripartite consultation and the
development of the Maritime
Labour Convention 2006
For seafarers: comprehensive & effective
protection
For government & shipowners: a level playing
field & flexibility on details
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STIMAR “AMI”
Why did the ILO
decide to develop a
new convention?
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STIMAR “AMI”
in February 2006, the
International Labour
Conference adopted
the Maritime Labour
Convention, 2006
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STIMAR “AMI”
The purpose of the
Maritime Labour
Convention, 2006
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STIMAR “AMI”
A Consolidation of
the existing
maritime labour
instruments
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STIMAR “AMI”
Combining the “best of the
old with new”
To achive universal acceptance with a
new approach to securing compliance
and
building upon well-establish
approached develop in particular, in
ILO Convention no. 147 and STCW aand
SOLAS ( Minimum Safe manning)
International Labour Organization
STIMAR “AMI”
MARITIME LABOUR CONVENTION 2006
ARTICLES OF MARITIME
LABOUR CONVENTION
International Labour Organization
STIMAR “AMI” STRUCTURAL OVERVIEW OF
THE CONVENTION
1st level : Article
2nd level : Regulation
3rd level : a two part-code
- part A : Standards (Mandatory)
- part B : Guidelines (Non mandatory)
International Labour Organization
EXAMPLE OF VERTICAL INTEGRATION (EXTRACTS)
STIMAR “AMI” Regulation 1.2 - medical certificate
Purpose: to ensure that all seafarers are medically fit to perform their duties at sea.
1. Seafarers shall not work on a ship unless they are certified as medically fit to perform
their duties.
Standar A. 1.2 - medical certificate
1. The competent authority shall require that, prior to beginning work on a
ship, ..............
Guideline B. 1.2 - medical certificate
- Guideline B.1.2.1 - International Guideline
1. The competent authority, medical practitioners, examiners, ship-
owners, seafarers’ representatives and all other persons .........
International Labour Organization
STIMAR “AMI”
Who or what does the MLC , 2006 apply to ?
Seafarers: all person working on a ship ( to which the convention applies)
Ships :
All ships, ordinarily enggaged in commercial activities except for:
ships exclusively in land water,etc
ships enggaged in fishing, etc
warship and ships of traditional build;
See: article II definitions & scope of application
International Labour Organization
STIMAR “AMI”
Who or what does the MLC , 2006 apply to ?
Shipowner
the owner of the ship or another organization of person that has assumed the
responsibility for the operation of the ship, e.g. manager, agent, bareboat
charterer
International Labour Organization
STIMAR “AMI”
Seafarers’ right, seafarers’
employment and social rights
Article IV
1. a safe and secure workplace
2. fair term of employment
3. decent working and living conditions
onboard, health protection, medical care,
social protection
International Labour Organization
STIMAR “AMI”
Implementation and Enforcement
(including regular inspections)
Article V
3 kinds of international responsibilities
1. Flag state ( Title 5. Regulation 5.1)
2. Port state ( Title 5, Regulation 5.2)
3. Labour Supply ( Title 5, Regulation 5.3)
Note:
Port state contol inspection - No more favourable treatment
International Labour Organization
STIMAR “AMI”
MARITIME LABOUR CONVENTION 2006
FLAG STATE INSPECTION
AND CERTIFICATION
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STIMAR “AMI”
National provision implementing the MLC
National determinations
National flexibility
National inspection system
Recognized Organization (ROs)
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STIMAR “AMI”
Certification
Maritime Labour Certificate (Regulation 5.1.3)
Interm Maritime Labour Certificate
(Regulation 5.1.3)
Declaration of Maritime Labour Compliance
(DMLC) (Regulation 5.1.3)
International Labour Organization
STIMAR “AMI”
The MLC flag state inspection system
KEY FEATURES
Compliance with national regulation,
collective bargaining agreement, etc
The DMLC
Part I ( completed by the competent
authority)
Part II ( completed by the shipowner)
- newly built ships
- ships already in operation International Labour Organization
MARITIME LABOUR INSPECTION AND
STIMAR “AMI”
CERTIFICATE PROCESS
Nature of the MLC 2006 inspection
Technique
Preparation
International Labour Organization
MARITIME LABOUR INSPECTION AND
STIMAR “AMI”
CERTIFICATE PROCESS
Application to all ships
Ships not subject to
certification
Requests for certification
Report of inspection
International Labour Organization
MARITIME LABOUR INSPECTION AND
STIMAR “AMI”
CERTIFICATE PROCESS
First inspection
Contruction plan
DMLC
Must be within the 2nd and 3rd
anniversary
Renewal inspection
Should be within 3 months of the expire
the old certificate
Change of flag or ownership
International Labour Organization
INSPECTION THE MLC, 2006 MARITIME
STIMAR “AMI”
LABOUR REQUIREMENT
General
Area of inspection
Mandatory areas for inspection
Chapter 3 of the inspection
guidelines
Reminder list
International Labour Organization
ACTION TO BE TAKEN IF DEFICIENCIES ARE
STIMAR “AMI”
IDENTIFIED
Chapter 4 of the Flag State Guidelines
Does the deficiency seriously affect the safety of the ship?
Is it a significant danger to the safety, health or security of any
seafarer?
is it a serious breach of requirement ( inluding seafarer rights)?
International Labour Organization
STIMAR “AMI”
MARITIME LABOUR CONVENTION 2006
TITLE 1:
MINIMUM REQUIREMENTS
FOR SEAFARERS TO WORK
ON A SHIP
International Labour Organization
MLC 2006 -MINIMUM AGE
STIMAR “AMI” Regulation 1.1
Standard A1.1 - Guideline B1.1
Purpose: to ensure that no under-age person work on a ship
16 unless a higher age is prescribed in the code
18 for night work
for work jeopardizing health or health
Night work: exception to strict compliance can be made by the competent authority
when the night work is:
Essential for effective training or
required by specific duties or training programme and harmless to health/welfare of
seafarers
International Labour Organization
MLC 2006 -MINIMUM AGE
STIMAR “AMI” Checking for compliance
What should be checked?
What are the shipowners’ measures for
ongoing compliance?
International Labour Organization
MLC 2006 -MEDICAL CERTIFICATE
STIMAR “AMI” Regulation 1.2
Standard A1.2 - Guideline B1.2
Purpose: to ensure that all seafarers are medical fit to perform their
duties at sea
a valid medical certificate
issued by a duly qualified medical practitioner (DQMP)
attesting that the seafarer is medical fit to perform his/her duties
STCW certificate must be accepted (hearing, sight, colour vision
& no medical condition adverse to seafarer concerned
Before working on ship, each seaferers must have:
a valid medical certificate maximum period of validity ( standard A1.2
para 7)
two years
six year for colour vision
one year if seaferer under 18 International Labour Organization
MLC 2006 -TRAINING AND QUALIFICATIONS
STIMAR “AMI” Regulation 1.3
Standard A1.3 - Guideline B1.3
Purpose: to ensure that all seafarers are trained or qualified to carry out their duties on
board ship
Seafarers must:
be trained or certified or otherwise qualified to perform their duties
have successfully completed training for personal safety on board ship
International Labour Organization
MLC 2006 -RECRUITMENT AND PLACEMENT
STIMAR “AMI” Regulation 1.4
Standard A1.4 - Guideline B1.4
Purpose: to ensure that all seafarers have access to an efficient and well-regulated seaferer
recuitment and placement system
Seafarers must:
be trained or certified or otherwise qualified to perform their duties
have successfully completed training for personal safety on board ship
All services are subject to close supervision and control:
qualified seafarers must not be prevented or dettered from gaining employement;
no fees or other charges must be borne by seafarers
the country must ensure that:
maintain an upto date register
make sure seafarers know their right and duties
verify that seafarers hold the necessary qualification for the job and have employement
agreement
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establish a system of protection
STIMAR “AMI”
MARITIME LABOUR CONVENTION 2006
TITLE 2:
CONDITION OF
EMPOLOYMENT
International Labour Organization
MLC 2006 -SEAFARERS’ EMPLOYMET AGREEMENTS
STIMAR “AMI” Regulation 2.1
Standard A2.1 - Guideline B2.1
Purpose: to ensure that all seafarers have a fair empleyement agreement
Requirement:
All seafarers must have a signed SEA
SEA may take a number of forms ( including incorporation
in a CBA)
SEA must contain specified praticulars ( terms of SEA must
be clear)
Useful to refer to SEAs when inspecting:
Minimum age
manning level: hour of work or rest and medical certificate
wages
paid annual leave
shipowner liability for health and medical care and social security protection
benefits
International Labour Organization
repartiation entitlements
MLC 2006 - WAGES
STIMAR “AMI” Regulation 2.2
Standard A2.2 - Guideline B2.2
Purpose: to ensure that all seafarers are paid for their services
All seafarers must :
be paid for their work
received monthly accounts
be able to transmit earnings to their families, dependants or legal beneficiaries
Checking for compliances:
Calculation and payment
minimum wage
International Labour Organization
MLC 2006 - HOURS OF WORK OR HOURS OF REST
STIMAR “AMI” Regulation 2.3
Standard A2.3 - Guideline B2.3
Purpose: to ensure that all seafarers have regulated hours of work or hours of rest
Minimum hours of rest must not be less than: 10 hours in any 24 hour period, 77 hours
in 7 day period
Hours of rest may be devided into no more than two periods (one of the periods must
be at least six hours in length, interval max 14 hours
Normal working hours standard based on: 8 hour day, 1 day rest perweek, rest on public
holidays
a table with shipboard working arrangement must be posted in easly accessible place
contain for every position: schedule of service at sea and in port and min hours of rest
or max hours of works required by national laws aor applicable in CBA
Drill and exercises of emergency must be conducted in manner that min. the
disturbance of rest period and does not induce fatigue
Record of daily hours have endorsed by master or authorized person
International Labour Organization
MLC 2006 - ENTITLEMENT TO LEAVE
STIMAR “AMI” Regulation 2.4
Standard A2.4 - Guideline B2.4
Purpose: to ensure that all seafarers have adequate leave
Calculation of the entitlement: Taking of annual leave:
service off-articles time of annual leave
justified absences from work : place o annual leave
At an approved maritime free transporation when seafarer
vocational training course required to take leave in a specified
illness or injury place
maternity recall from annual leave granted shore
public holiday leave
shore leave
compensatory leave
International Labour Organization
MLC 2006 - REPATRIATION
STIMAR “AMI” Regulation 2.5
Standard A2.5 - Guideline B2.5
Purpose: to ensure that all seafarers are able to return home
Seafarers have right to be repatriated;
Shipowner must provide financial security (No advance payment by seafarer)
Cost of transport normally by air ( Transportation of 30 kgs personal luggae)
Accomodation and food until destination;
Pay and allowances until destination
Necessary medical treatment
Repatraition is required : The SEA expires when the seafarer is aboard or terminated ( by
shipowner or by seafarers in justified circumstances
International Labour Organization
MLC 2006 - MANNING LEVELS
STIMAR “AMI” Regulation 2.7
Standard A2.7 - Guideline B2.7
Purpose: to ensure that all seafarers work on board ships with sufficient personnel for the safe,
efficient and secure operation of the ship.
There must be a sufficient number of seafarers emplyed on board to ensure that the ship are
operated safely, efficiently and with due regard to security under all conditions
In accordance with:
the minimum safe manning certificate or an equivalent document, and
the standards of this convention ( including food and catering)
Taking account of:
Seafarer fatigue
the particular nature and condition of the voyage
International Labour Organization
STIMAR “AMI”
MARITIME LABOUR CONVENTION 2006
TITLE 3:
ACCOMODATION,
RECREATIONAL FACILITIES,
FOOD AND CATERING
International Labour Organization
MLC 2006 - ACCOMODATION AND RECREATIONAL
FACILITIES
STIMAR “AMI” Regulation 3.1
Standard A3.1 - Guideline B3.1
Purpose: to ensure that all seafarers have decent accomodation and recreational facilities on board
General requirement (standard A3.1 para 6)
the size of room & other accommodation spaces (standar A3.1, para 9-10)
heating and ventilation ( standard A3.1, para 7)
Noise and vibration & other ambient factor (standard A3.1, para 6(h))
Sanitary & related facilities (standard A3.1 para 11 & 13)
lighting (standard A3.1, para 8)
hospital accomodation (standard A3.1, para 12)
recreational facilities (standard A3.1, para 14 & 17)
Occupational safety & health and accident prevention (standard A3.1, para 2 (a), 6(h))
International Labour Organization
MLC 2006 - FOOD AND CATERING
STIMAR “AMI” Regulation 3.2
Standard A3.2- Guideline B3.2
Purpose: to ensure that all seafarers have access to good quality food and drinking water provided
under regulated hygienic conditions
Food and drinking water supplies: suitable quantity, nutritional value, quality & variety (
having regard to the number of seafarers, their religion or cultures & duration & nature of
voyage
Properlyy organized and equipped catering departement: hygienic preparation and serving
Adequate, varied and nutritious meal ( provide free of charge during the seafarers’
enggagement
Properly trained or instructed catering staff (ships’ cook 18+)
Fequent documented inspections
International Labour Organization
MLC 2006 - FOOD AND CATERING
STIMAR “AMI” Indicator of potentially unhygienic practices
Frozen meat not adequately separeted from other frozen foods
Food maintianed at above the standard temperature for forzen or chilled food
Raw food touching or dripping onto cooked food
Ready to eat food kept uncovered or for too long
Ready to eat food used beyond the “use by” date
Food stored close to cleaning products
No cleaning products available
Presence of pests
Galley staf without clean, required clothing
Inadequate facilities for frequent handwashing
Inadequate spaces for hot & cold running water for washing food
Food handle by staff smoking, eating, drinking or unwell
Dirty or untidy galley or equipment
Dirty extractor fans or filters
Chopping boards scratched, pitted or scores or used for both raw meat and cooked food
International Labour Organization
STIMAR “AMI”
MARITIME LABOUR CONVENTION 2006
TITLE 4:
HEALTH PROTECTION,
MEDICAL CARE, WELFARE
AND SOCIAL SECURITY
International Labour Organization
MLC 2006 - MEDICAL CARE ONBOARD SHIP AND
SHORE
STIMAR “AMI” Regulation 4.1
Standard A4.1 - Guideline B4.1
Purpose: to protect th health of seafarers an ensure their prompt access to medical care onboard
ship and ashore.
1. Health protection and medical care
2. Standard medical report form
3. Hospital & medical care facilities on board
4. Medicine chest, medical equipment and guide
5. Qualified medical doctor ( ships with 100+ person & engaged in
International voyage of 3 days; qualified seafarers required for other
ships
International Labour Organization
MLC 2006 - SHIPOWNERS’ LIABILITY
STIMAR “AMI” Regulation 4.2
Standard A4.2 - Guideline B4.2
Purpose: to ensure that seafarers are protected from the financial consequences of sickness,
injury or death occuring in connection with their employement
1. When does this liability arise?
2. Financial security for death or long -term disability
3. Period during which medical expenses must be covered
4. Burial expenses
5. Payment of wages during sick leave
6. Exemption clause
7. Safeguarding property
International Labour Organization
MLC 2006 - HEALTH AND SAFETY PROTECTION
AND ACCIDENT PREVENTION
STIMAR “AMI” Regulation 4.3
Standard A4.3 - Guideline B4.3
Purpose: to ensure that seafarers’ work enviroment on board ships promotes occupational
safety and health
1. Onboard policy & program to promote Occupational Safety Health protection and prevent
accidents, injuries, & diseases, prevention or reduction of exposure, continuous
improvement, risk evaluation, training, preventative measures, inspection for unsafe
conditions ( ex. restriction on work , personal protectitve equipment, guarding of
machinery)
2. regards for international instruments; safety culture on board, special attention for under
18, safety committee where ship has 5+ seafarers
3. investigation and reporting of occupational accident, injuries, diseases and identified
hazards, protection of seafarers’ personal data ( the working enviroment, the age of people
involved, stress, and human failure)
International Labour Organization
MLC 2006 - ACCESS TO SHORE-BASED WELFARE
FACILITIES
STIMAR “AMI” Regulation 4.4
Standard A4.4 - Guideline B4.4
Purpose: to ensure that seafarers working on board a
ship have access to shore-based facilities and servies to
secure their health and well-being
International Labour Organization
MLC 2006 - SOCIAL SECURITY
STIMAR “AMI” Regulation 4.4
Standard A4.4 - Guideline B4.4
Purpose: to ensure that measure are taken with a view
to providing seafarer with access to social security
protection
International Labour Organization
STIMAR “AMI”
MARITIME LABOUR CONVENTION 2006
TITLE 5:
COMPLIANCE AND ENFORCEMENT
International Labour Organization
MLC 2006 - FLAG STATE RESPONSIBILITY
STIMAR “AMI” Regulation 5.1
Standard A5.1 - Guideline B5.1
Purpose: to ensure that each member implement its reponsibilities under this
convention with respect to ships that fly its flag
1. for ensuring implementation of its obligation under this convention on ships that fly its flag
2. Authorization of recoqnized organizations
3. A MLC certificate, complemented by a DLMC ( evidence that the ship has been duly
inspected)
4. Establish an effective system for inspection and certification of MLC
(Inspector should have qualification and adequate training to perfom their duties should have
a maritime education or experience as a sefarer
International Labour Organization
MLC 2006 - PORT STATE RESPONSIBILITY
STIMAR “AMI” Regulation 5.2
Standard A5.2 - Guideline B5.2
Purpose: to enable each member to implement its reponsibilities under this
convention regarding international cooperation in the implementation and
enforcement of the convention standard on foreign ships
1. inspection in port
2. onshore seafarer complaint handling procedure
International Labour Organization
MLC 2006 - LABOUR-SUPPLYING
RESPONSIBILITIES
STIMAR “AMI” Regulation 5.3
Standard A5.3 - Guideline B5.3
Purpose: to ensure that each member implements its responsibilities under this
convention as pertaining to seafarer recuitment and placement and social
protection of its seafarers
International Labour Organization
The working and living condition of
seafarers that must be inspected and
STIMAR “AMI” approved by the flag state
1. Minimum age
2. Medical certificate
3. Qualification of seafarers
4. Seafarer’ employement agreement
5. Use of any licensed private recuitment and placement service
6. Hour of work or rest
7. Manning level for the ship
8. Accomodation
9. On-board recreactional facilities
10. Food and catering
11. Health and safety and accident prevention
12. on-board medical care
13. on-board complaint procedures
14. payment of wages
International Labour Organization
STIMAR “AMI”
TERIMA KASIH
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