Introduction to

Maritime Labour
Convention
General Introduction
Guidance and Application

www.itfglobal.org
 Objectives
• Demonstrate knowledge of the reasons for the development and adoption of the MLC,
2006.
• Demonstrate a basic understanding of the key principles of the MLC, 2006.
• Explain the advantages of the MLC, 2006 for seafarers and their unions.
• Understand the new structure of the MLC, 2006 and how to use it.
• Demonstrate an awareness of the situation of seafarers, their employment and social rights
• Outline of the MLC, 2006 ITF Guide
• Practical tool that is easily understood, to be used by the affiliates in the implementation of
requirements of MLC, 2006 in national legislation;
• To provide relatively simple advice to national affiliates/seafarers on recommended
interpretation of guidelines of the MLC, 2006.
• To support practical implementation of the provisions in the MLC, 2006 on board;
• To assist ITF inspectors and seafarers in effective use of the port State control to defend
and secure decent working and living conditions.
Key IMO Conventions

•International Convention for the Safety of

Life at Sea (SOLAS), 1974, as amended.

•International Convention for the Prevention

of Pollution from Ships, 1973, as modified by
the Protocol of 1978 relating thereto and by
the Protocol of 1997 (MARPOL)

•International Convention on Standards of

Training, Certification and Watchkeeping for
Seafarers (STCW) as amended, including the
1995 and 2010 Manila Amendments
Seafarers' Rights

MLC - Maritime Labour Convention 2006 - (Entry into

force: 20 August 2013)

On 23 February 2006, the 94th International Labour

Conference (Maritime) adopted the Maritime Labour
Convention, 2006, which sets out the conditions for
decent work in the global maritime sector.
Session Structure

• Outline and purpose of the MLC, 2006, ITF Guide.

• General explanation of the MLC, 2006
• Reasons why the MLC, 2006 was adopted.
• The advantages of the MLC, 2006 for seafarers and
discuss the advantages of the MLC, 2006 for ITF affiliates.
• Reasons why the MLC, 2006 is different to previous
Conventions.
• The important definitions of the MLC, 2006.
• Overview of whom the MLC, 2006 applies and whom it
doesn’t apply.
• The structure of the text of the MLC, 2006 and how to
use it (articles, five titles, Regulations and Code (Part A
and B), Regulation, Standards and Guidelines).

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Session Structure

 The Fundamental Rights and Principles.

• Seafarers’ Employment and Social Rights.
• Definition of Substantial Equivalence with reference to
the MLC, 2006.
• The concept of ‘No More Favourable Treatment’ in the
framework of the MLC, 2006.
• The principle of Flag Nation Standards – No Reduction in
the framework of the MLC, 2006.
• When will the Convention come into force.
• Amendments of the MLC, 2006 to this Convention as per
Article XIV and to the Code as per Article XV.

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General Explanation
of the MLC, 2006

• Consolidate and update more than 60 earlier ILO Conventions

and Recommendations;
• Set minimum requirements for seafarers to work on a ship;
• Address conditions of employment, accommodation,
recreational facilities, food and catering, health protection,
medical care, welfare and social security protection;
• Promote compliance by shipowners and give governments
sufficient flexibility to implement its requirements; and
• Strengthen enforcement mechanisms, including complaint
procedures available to seafarers, the shipowners’ and
shipmasters’ supervision on their ships, the flag States’
control, and PSC of foreign ships.

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Why was the
MLC, 2006 adopted?

• Many of the existing ILO instruments needed to be updated to reflect

the working conditions in the industry.
• Increased internationalisation of ship registries and “Flags of
Convenience”.
• Changes in ownership, financing and the rise of ship management
companies resulting in significant shifts in the labor market for
seafarers.
• Development of mixed nationality crews in highly organised global
network linking shipowners, ship managers and crew managers.
• A need to provide a “level playing field” and avoid exploitation of
workers.
• Increased stress and complexity in the maritime work place that has an
impact on the health and social security.

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Advantages of the MLC, 2006

For Seafarers
• A comprehensive set of basic maritime labour principles
and rights as well as ILO fundamental rights.
• Convention spells out in one place and clear language
seafarers’ basic employment rights.
• Seafarers better informed of their rights and remedies
available.
• Improved enforcement of minimum working and living
conditions.
• Right to make complaints both on board and ashore.
• Clear identification of who is the shipowner with
overall responsibility.

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Transition from
Previous Conventions

• The new Convention is combining the “best of the

old with the new”.
• It combines the core standards found in the existing
maritime Labour Conventions with an innovative
format aimed at achieving universal acceptance.
• It builds upon and incorporates many of the well-established
approaches developed in other major conventions such as
STCW and SOLAS.
• Unlike other ILO Conventions it does not have a Convention
number assigned to it because its text
will be amended in the future (rather than being
revised by another Convention).

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 Important Definitions
• Seafarer - means any person who is employed or engaged or works in any capacity on
board a ship to which this Convention applies i.e., this is a very broad definition and is no
longer limited to persons directly involved in navigating or operating a ship but covers all
personnel working onboard the ship.
• Ship - means a ship other than one which navigates exclusively in inland waters or
waters within, or closely adjacent to, sheltered waters or areas where port regulations
apply.
• Shipowner - means the owner of the ship or another organisation 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 organisation or
persons fulfill certain duties or responsibilities on behalf of the shipowner.
• Competent authority - means the minister, government department or other authority
having power to issue and enforce regulations, orders or other instructions having the
force of law in respect of the subject matter of the provision concerned.
• Seafarers’ employment agreement - includes both a contract of employment and
articles of agreement.
• Seafarer recruitment and placement service - means any person, company, institution,
agency or other organisation, in the public or the private sector, which is engaged in
recruiting seafarers on behalf of shipowners or placing seafarers with shipowners.

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Scope of MLC, 2006 Application
Except as expressly provided otherwise, this Convention applies:
• To all seafarers or any person who is employed or engaged on works in
any capacity on board a ship to which the Convention applies.

• To all ships, whether publicly or privately owned, ordinarily engaged in

commercial activities except:
1. Ships navigating exclusively in inland waters, close to the coast, in
sheltered waters or areas where port regulations apply.
2. Fishing vessels.
3. Ships of traditional build, such as dhows and junks.
4. Warships and naval auxiliaries.

• Smaller ships (below 200 GT) may be exempted.

• In the event of doubt as to whether this Convention applies to a ship or
particular category of ships, the question shall be determined by the
competent authority in each Member State after consultation with the
shipowners’ and seafarers’ organisations concerned.

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 Structure and How to Use
• The Convention is organised into three main parts: the Articles coming first set out
the broad principles and obligations;
• Followed by detailed Regulations and Code (with two parts: Parts A and B)
provisions; and
• Regulations, Standards (Part A) and Guidelines (Part B) in the Code
are integrated and organised into general areas under Five Titles:
Title 1: Minimum requirements for seafarers to work on a ship. Purpose is to
ensure that no under-age persons work on a ship; all seafarers are medically fit to
perform their duties at sea; seafarers are trained or qualified to carry out their
duties on board ship; and seafarers have access to an efficient and well-regulated
seafarer recruitment and placement system.
Title 2: Conditions of employment. Purpose is to ensure that seafarers have a fair
employment agreement; are paid for their services; have regulated hours of work
or hours of rest; have adequate leave; are able to return home; are compensated
when a ship is lost or has foundered (sank); work on board ships with sufficient
personnel for the safe, efficient and secure operation of the ship; and to ensure that
career, skill development and employment opportunities are available for seafarers.

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Structure and How to Use/cont.……
Title 3: Accommodation, recreational facilities, food and catering. Member States to ensure that
ships that fly its flag provide and maintain decent accommodations and recreational facilities for
seafarers working or living on board, consistent with promoting the seafarers’ health and well-
being. Purpose is to ensure that seafarers have decent accommodation and recreational
facilities on board.
Title 4: Health protection, medical care, welfare and social security protection. Purpose is to
protect the health of seafarers and ensure their prompt access to medical care on board ship and
ashore; ensure that seafarers are protected from the financial consequences of sickness, injury or
death occurring in connection with their employment; ensure that seafarers’ work environment
on board ships promotes occupational safety and health; ensure that seafarers working on board
a ship have access to shore-based facilities and services to secure their health and well-being; and
ensure that measures are taken with a view to providing seafarers with access to social security
protection.
Title 5: Compliance and enforcement with the MLC. This section ensures that both seafarers and
shipowners, just like everyone else, are treated equally under the law. They shouldn't face
discrimination when trying to access courts or other ways to resolve disputes. However, this
section doesn't decide which court or location will handle any legal matters. Purpose is to ensure
that each Member State implements its responsibilities under this Convention with respect to
ships that fly its flag; to enable each Member State to implement its responsibilities under this
Convention regarding international cooperation in the implementation and enforcement of the
Convention standards on foreign ships; and to ensure that each Member State implements its
responsibilities under this Convention as pertaining to seafarer recruitment and placement and
the social protection of its seafarers.

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Structure and How
to Use/cont…

• Example of vertical integration (extracts)

– 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.
• …
– Standard A1.2 – Medical certificate
1. The competent authority shall require that, prior to beginning work
on a ship, seafarers hold a valid medical certificate attesting ...
• …
– Guideline B1.2 – Medical certificate
Guideline B1.2.1 – International Guidelines
1. The competent authority ... should follow…

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Fundamental Rights
and Principles

Each member shall satisfy that the provisions of its law and
regulations respect, in the context of this Convention, the
fundamental rights to:
• Freedom of association.
• Effective recognition of the right to
collective bargaining.
• The elimination of all forms of
forced or compulsory labour.
• The effective abolition of child labour.
• Elimination of discrimination in respect
of employment and occupation.

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Seafarers’ Employment and Social Rights
• As a bare minimum every seafarer has:
– The right to a safe and secure workplace that
complies with safety standards.
– A right to fair terms of employment.
– A right to decent working and living conditions on
board ship.
– A right to health protection, medical care, welfare measures and other forms of social
protection.
• The minimum rights that seafarers have under this Convention are put into place
either through national laws, regulations, and collective bargaining agreements or
simply through good practice. To make sure they are actually carried out, there is a
strong enforcement regime backed by a system of certification.
• Under these headings there are more details of the obligations of States and
shipowners to ensure that the seafarers have the same sort of protections afforded
to people working ashore, bearing in mind the particular circumstances of life
working at sea. This is broadly referred to as seafarers’ rights. If the seafarers rights
are not respected there are processes to follow for making complaints. If the
problems are serious and repeated or a hazard to your health, safety or security, this
can result in the detention of the ship.

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Substantial Equivalence
Definition: Any law, regulation, collective agreement or
other measure used by a State to implement the
requirements of the MLC, 2006 that is conducive to the full
achievement of its goals and purpose.
• The MLC, 2006 allows for a certain amount of flexibility as to how it is put into
practice. If a flag State can prove that its approach is ‘substantially equivalent’ to
the MLC’s, 2006 requirement, i.e. it covers the basic principles but in a different
way from that set out in the MLC, 2006, this can be acceptable for the Part A
requirements in Titles 1 - 4.
• For Title 5 there can be no substantial equivalence, the measures for compliance
and enforcement must be followed according to the MLC.

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 No More Favourable Treatment

Definition: The concept which prevents ships flying flags of

States that haven’t signed the Convention from having an
unfair advantage over ships flying the flag of States that
have.
Article V establishes the principle of “no more favourable
treatment”, a principle that is also found in the key IMO
conventions:
• Essentially it requires a ratifying Member to apply Convention standards to a foreign ship in its ports
(if it chooses to inspect the ship), even if the flag State of the ship has not ratified the Convention.
• This may provide an incentive for ratification of the Convention and help to secure a level playing
field with respect to employment rights.
• 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
favourable treatment/advantage than the ships that fly the flag of any State that has ratified it.

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AMSA detained the Liberian-flagged bulk carrier Anna
Elisabeth after an inspection revealed a number of
deficiencies relating to the working conditions of the crew
under the Maritime Labour Convention (MLC), 2006.

AMSA inspected the vessel at Port Kembla on 26 March

2019 after receiving a complaint from the International
Transport Workers Federation (ITF) and the Maritime
Union of Australia (MUA) raising concerns about the
welfare of the crew.
PORT STATE CONTROL

Once on board, the AMSA surveyor discovered a number of deficiencies including:

 Vessel not crewed in accordance with the minimum safe manning document
 Seafarer Employment Agreements
 No access to shore leave granted
Rescue boat davit not fully operational
 Insufficient food provisions on board for length of journey

Action:

The ship operators have procured further food supplies ensuring that there were sufficient provisions on board the ship.

The vessel has been detained until the remaining deficiencies are rectified by the operator in consultation with their Flag
state administration.

The Maritime Labour Convention (MLC), 2006 is an international convention developed under the International Labour
Organization. It sets out modern standards relating to the working and living conditions of seafarers at sea.

All Australian registered and foreign flagged vessels within Australian waters must comply with the standards set out in the
MLC.

AMSA’s General Manager of Ship Safety, Allan Schwartz, said that the proper treatment of seafarers is just as important as
the proper maintenance of ships’ equipment - a failure in either system can lead to serious accidents.

“All ships in Australian waters need to comply with Australian standards,” Mr Schwartz said.

“Seafarers live difficult lives often spending many months at sea away from their families and friends. Any vessel which is
found to be in breach of the MLC or other Australian standards will be detained by AMSA and repeat offenders risk being
banned from Australian waters.”
The Australian Maritime Safety Authority has detained the Panama flagged bulk carrier MV Apellis after an inspection revealed a number of
deficiencies relating to the working conditions of the crew.

The MV Apellis is operated by Pyrsos Shipping Co Ltd and chartered by Hudson Shipping Lines.

AMSA inspected the vessel at Esperance grain jetty after receiving a complaint from the International Transport Workers Federation raising
concerns about the welfare of the crew.
Once on board, the AMSA surveyor discovered a number of deficiencies including:

Seafarers not being repatriated as required by their employment agreements;

Seafarers not being provided a monthly account of wages for the month of August;
One crew member found to working beyond medical restrictions;
No working washing machine in crew laundry;
Inadequate quality or nutritional value of food; and
Seafarers not paid monthly as required by their employment agreements.

The vessel has been detained on the matter of non-payment of wages.

The MV Apellis will remain under detention by AMSA until this deficiency is rectified.

The Maritime Labour Convention (MLC), 2006 is an international convention developed under the International Labour
Organization. It sets out modern standards relating to the working and living conditions of seafarers at sea.

All Australian registered and foreign flagged vessels within Australian waters must comply with the standards set out in the
MLC.
AMSA’s General Manager of Ship Safety, Allan Schwartz, said that the proper treatment of seafarers is just as important as
the proper maintenance of ships’ equipment - a failure in either system can lead to serious accidents.

“All ships in Australian waters need to comply with Australian standards,” Mr Schwartz said.
“Seafarers live difficult lives often spending many months at sea away from their families and friends.
 The Australian Maritime Safety Authority (AMSA)
has issued a direction to Indonesian flagged
multipurpose ship MV Meratus Sangatta (IMO
9116797) not to enter or use any port in Australia for
three months.

The ship has been detained three

times since November 2012 and
twice since November 2014. As a
result it will not be allowed to re-
enter Australian ports until April 6,
2015.
MV Meratus Sangatta was detained in Port Alma, Queensland on January 2 despite AMSA urging the ship’s operator, PT. Meratus
Line, to improve its performance following the banning of another of its vessels, Territory Trader, in Cairns in November last year.

AMSA Chief Executive Officer Mick Kinley said a complaint was received in accordance with the Maritime Labour Convention (MLC)
ahead of an inspection of the ship last week.

“The recent detention found numerous failings in compliance with the MLC, which place the welfare of seafarers at risk,” Mr Kinley
said.

“The more serious of these deficiencies included not having enough food and potable water for the next voyage, defective and
insufficient refrigerated storage to safely store fresh food, defective laundry, sanitary and cooking facilities, as well as expired
Seafarer Employment Agreements (SEA).

“AMSA, in line with its international obligations, treats any breaches of the MLC with the greatest of seriousness to ensure seafarer
welfare and safety, and to protect Australia’s marine environment.”

Mr Kinley said ships operated by PT. Meratus Line would now be subject to inspections at every port call.

The vessel was required to rectify deficiencies identified during the inspection before it was released from detention from Port Alma.

The vessel is the third to be banned from Australian ports under the revised Navigation Act which came into effect in July 2013.
Flag Nation Standards –
No Reduction
Recalling article 19 of the Constitution of the International
Labour Organization:

In no case shall the adoption of any Convention or

Recommendation by the Conference or the ratification of
any Convention by any Member be deemed to affect any
law, award, custom or agreement which ensures more
favourable conditions to the workers concerned than those
provided for in the Convention or Recommendation.

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Entry into Force

• The convention entered into force on 20 August 2013, one year after registering 30
ratifications of countries representing over 33 per cent of the world gross tonnage of
ships.

• Twelve months after meeting this requirement, the MLC comes into force.

• Already after five ratifications the ratifying countries (Bahamas, Norway, Liberia,
Marshall Islands, and Panama) represented over 43 per cent of the gross world
tonnage (which is over 33 per cent; the second requirement for entry into force).
• As of August 2021, the convention has been ratified by 97 states representing over 91
per cent of global shipping.
• Although the Convention has not been ratified worldwide, it has widespread effect
because vessels from non-signatory states that attempt to enter ports of signatory
states may face arrest and penalties for non-compliance with the MLC.

• South Africa Ratified 20 June 2013; Entry into force 20 June 2014

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Amendments of the MLC, 2006

• Amendment of the Convention (all parts - Articles, Regulations or Code)

– Express ratification procedure.
– New concept called “deemed acceptance”
(paragraph 4) for entry into force.

• Amendments to the Code

– One of the most important innovations of the MLC allows for the
amendment of certain provisions (the Code) through an accelerated
amendment or tacit acceptance procedure rather than express
ratification.

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MLC, 2006, as amended
(Including 2018 amendments)
MLC, 2006 Preamble and Articles
Explanatory note to the regulations and code of the maritime labour convention
Title 1. Minimum requirements for seafarers to work on a ship
Title 2. Conditions of employment
Title 3. Accommodation, recreational facilities, food and catering
Title 4. Health protection, medical care, welfare and social security protection
Title 5. Compliance and enforcement Appendixes
Appendix A2-I
Appendix A4-I
Appendix B4-I
Appendix A5-I
Appendix A5-II :
- Maritime Labour Certificate
- Declaration of Maritime Labour Compliance - Part I, II
- Interim Maritime Labour Certificate
Appendix A5-III
Appendix B5-I - EXAMPLE of a National Declaration
Ratifications of MLC, 2006 - Maritime Labour Convention, 2006
(MLC, 2006)

Date of entry into force: 20 Aug 2013

Amendments of 2014 to the MLC, 2006

In Force18 Jul 2016. Date of entry into force: 18 Jan 2017

Amendments of 2016 to the MLC, 2006

In Force 08 Jul 2018. Date of entry into force: 08 Jan 2019

Amendments of 2018 to the MLC, 2006

In Force26 Jun 2020. Date of entry into force: 26 Dec 2020
Summary

https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---
normes/documents/normativeinstrument/wcms_090250.pdf

Any Questions?

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