Maritime Labor
Convention
2006
Mariel David
Fast Facts
Came
into force 30 August 2013
International Labour Organization (ILO) conv
ention
Needed 30 countries to be ratified
Philippines 30th country to ratify
As of 20 August 2013 50 countries have rati
fied
MLC as a social legislation
Considered
as the Magna Carta of seafarers
Given the global nature of the shipping indus
try, seafarers need special protection.
Four pillars of international maritime law:
SOLAS safety, security
STCW qualification standards
MARPOL environmental protection
MLC seafarers rights
Who is covered under the MLC?
Any
person who is employed, engaged, or wo
rking in any capacity on board a ship to whic
h the Convention applies. This includes riding
gangs and hotel staff on cruise ships.
Fundamental workers rights and t
he MLC
MLC
requires governments to make sure that their la
ws and regulations respect certain fundamental right
s relating to work.
Right to freedom of association
Effective recognition of the right to Collective Bargai
ning
Elimination of all forms of compulsory labor
Effective abolition of child labor
Elimination of discrimination in respect of employm
ent and occupation.
Objectives of the MLC
Set minimum standards to address health, saf
ety, and welfare of seafarers through:
Conditions of employment
Accommodations
Recreational facilities
Food and catering
Health protection
Medical care
Welfare and social protection issues
These standards will address:
Causes
of fatigue
Occupational health and safety
Recruitment
Working and living conditions
Crew retention and motivation
Title 1: Minimum requirements for
seafarers to work on a ship
Minimum
To ensure that no under-age persons work on a ship
16 and above
Below 18 cannot carry out night work
Medical
Fitness
Must confirm that seafarer is not suffering any condition that would be made worse
at sea, make you unable to perform your job, make you a danger to others
Training
Age
and qualifications
Necessary training to carry out duties on board ship as well as personal safety on bo
ard
Recruitment
and placement
Costs chargeable to seafarer: national med cert, seamans book, passport/travel doc
uments (visashipowner)
Blacklisting is prohibited
Onboard complaint procedure
Title 2: Conditions of Employment
Seafarers employment agreements (SEA)
Wages
Hours of work and hours of rest
Max hours of work: 14 hours in any 24 day period; 72 hours in
any seven day period
Entitlement to leave
Repatriation
12 months
Seafarer compensation in the event of a ships loss
Manning levels
Career and skill development opportunities
Title 3: Accommodation, recreation
al facilities, food and catering
Accommodation
and recreational facilities
Food and catering
Title 4: Health protection, Medical Care,
Welfare and Social Security Protection
Medical
care on board ship and shore
Shipowners liability
Health and safety protection and accident pr
evention
Access to shore-based facilities
Social security
Title 5: Compliance and enforceme
nt
Flag
Ensure that each member implements its resp
onsibilities
Port
State responsibilities
State responsibilities
Conduct inspections to ensure safety of life at s
ea, prevention of pollution, living and working
conditions on board ships
Labour
supplying responsibilities
On Board
Complaint
Procedure
Implications
Empowers
seafarers
Shifts burden of proof to shipowners
Sickness is presumed to be work-related