Maritime Labour Convention 2006

Maritime Labour Convention 2006
Crew manning offices, private recruitment and placement services
9 November, 2010
Agenda
The Maritime Labour Convention requirements
Areas with special Challenges
DNVs Solution for: Authorities, shipowners and CMOs
DNV Standard
CMO & DNV Services
1st in the World
Summary
9 November, 2010
Det Norske Veritas AS. All rights reserved.
Background
The Maritime Labour Convention (MLC 2006) was adopted by ILO in
February 2006
Tripartite consultation
GOVERNMENT
ILC participation from 106 Countries
ILO
EMPLOYER
EMPLOYEE
318 delegates
314 voted for, no vote against the convention and only two countries
(4 delegates) abstained
MLC 2006 provides comprehensive rights

and protection at work for the world's more
than 1.2 million seafarers.
http://www.ilo.org/public/english/standards/norm/mlc2006/
9 November, 2010
The Maritime Labour Convention 2006
Safety at sea and for seafarers
SOLAS
STCW
MARPOL
MLC 2006
MLC 2006 as the 4th pillar in the international maritime regulation

9 November, 2010
The goals of the MLC 2006
Effective regulation, verification and compliance

(through updating and consolidating existing ILO Conventions) such as 92, 133,
134, 147, 164, 178 and 180
Preventing poor working and living conditions being an advantage
Creating a level playing field
Ensure Safe and Effective Operations (safe and efficient crew)
Effective Port State entry and exit (through certificate control for ships from
ratifying states and no more favourable treatment for ships from non-ratifying
states, i.e. an inspection for compliance)
In addition this may be used to:
Attract, recruit, develop, motivate and retain qualified labour
Shipowners should use MLC compliance to position themselves in competition to

Attract, recruit, develop, motivate and retain qualified labour
9 November, 2010
Entry into Force & Status

Entry into force one year after
ratification by at least:
30 ILO member states, and
33 % of world tonnage
Status today
ILO work and coordination
PMoU requirements for PSC
9 November, 2010
MLC Status
Tonnage requirement
already met
Large Flag States such as
Liberia, Marshall Islands,
Bahamas, Panama and Norway
have already ratified the
Convention
EU coordination and work

The EU has set a target deadline
for ratification to December 2010
Estimated entry into force

2011
9 November, 2010
The challenges of MLC 2006

1.
Knowing the requirements of the Convention
2. Developing effective measures/procedures for ongoing

compliance (Cf. The Document of Maritime Labour
Compliance)
3. Implementing the measures/procedures on board (with
sufficient quality to facilitate inspection and certification of
ships)
4. Right now time is your friend when it comes to finding
effective solutions
5. The longer you wait time will be your enemy in finding
effective solutions
6. We recommend that you start as soon as possible with
training for key personnel and also do a Gap Analysis on
existing procedures (like ISM) and the Maritime Labour
Convention
9 November, 2010
MLC Scope
The Convention applies to all
Ships
whether publicly or privately owned,
ordinarily engaged in commercial activities,
except
ships engaged in fishing or in similar pursuits

ships of traditional build such as dhows and junks
warships or naval auxiliaries
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
9 November, 2010
Scope
The Convention applies to all
Seafarers
Seafarer means any person who is employed or engaged or
works in any capacity on board a ship to which the Convention applies
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10
MLC Scope
Responsibility
Shipowner
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
shipowners
9 November, 2010
11
MLC 2006 Content

1
1. Minimum requirements
for seafarers to work on a ship
Minimum age
Medical certificate
Training and qualifications
Recruitment and placement
2. Conditions of employment
Seafarers employment agreements
Wages [no minimum wage set in the Convention]
Hours of work and hours of rest
Entitlement to leave
Repatriation
Seafarer compensation for the ships loss or foundering
Manning levels
Career and skill development and opportunities for seafarers employment
9 November, 2010
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MLC 2006 Content

1
3. Accommodation, recreational facilities, food and

catering
Accommodation and recreational facilities
Food and catering
4. Health protection, medical care, welfare and social

security protection
Medical care on board ship and ashore
Shipowners liability
Health and safety protection and accident prevention
Access to shore-based welfare facilities
Social security
9 November, 2010
13
MLC and DMLC

All ships 500 tons and above in international trade will need:
Maritime Labour Certificate (MLC) and
Declaration of Maritime Labour Compliance (DMLC)
Ships from non ratifying states shall be met by the No more favorable
treatment clause when entering the ports of a ratifying state.
Shipowners operating other ships have the right to request Certification
[All ships within the scope of the MLC 2006 shall be inspected]
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Certification and Inspection

Maritime Labour Certificate (MLC)
Valid for 5 years
Subject to an intermediate inspection
If only one intermediate inspection is carried out and the period of validity of the
certificate is five years, it shall take place between the second and third
anniversary dates of the certificate
Inspection:
Inspections shall take place at the intervals as shown above, but for other ships,
the interval shall in no case exceed three years.
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Port State responsibilities
Inspections in port
Onshore seafarer complaint-handling

procedures
The certificates issued under the authority of a

ratifying State shall, if there are no grounds to
doubt the basis for them, be accepted as proof
of compliance.
Ships from non-ratifying states shall be met by

the No more favorable treatment ensuring
inspections for compliance on such ships
9 November, 2010
DNV. All rights reserved.
08 November 2010
16
Slide 16
The Maritime Labour Convention

The working and living conditions that must be inspected and approved before certifying a ship :
1.
Minimum age
2.
Medical certification
3.
Qualifications of seafarers
4.
Use of any licensed or certified or regulated private recruitment and placement service
5.
Hours of work or rest
6.
Manning levels for the ship
7.
Accommodation
8.
On-board recreational facilities
9.
Food and catering
10. Health and safety and accident prevention

11. On-board medical care
12. On-board complaint procedures
13. Payment of wages
14. Seafarers employment agreements
Additional requirements must also be complied with
9 November, 2010
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Areas with special Challenges
Within one year after the Convention enters into force, private recruitment and placement
services (Crew Manning Offices) must be licensed, certified or otherwise regulated in
order to ensure compliance with requirements in the Convention
The competent authority shall: closely supervise and control
Any licences or certificates or similar authorizations shall be granted or renewed only after
verification of compliance with the requirements of national laws and regulations
The shipowner will be responsible for, as far as reasonable, ensuring compliance when
using services in a non ratifying state
We are confident that government agencies (for both Flag States and Labour Supplying
Countries) and companies in order to ensure effective compliance and operation, must
develop measures, procedures and training
9 November, 2010
18
DNVs Solution for: Authorities, shipowners and CMOs

DNV has developed solutions for all challenges based on the Standard for
Certification of Crew Manning Offices, Private Recruitment and Placement Services
3.404 published October 2007
The solution facilitates effective:
Implementation and certification for Crew manning offices
Enforcement for competent authorities if the authorize us to do the work on their
behalf (as the authorities will only have to follow up DNV, do spot checks and
handle complaints)
Implementation and documentation of measures implemented by shipowners to
ensure compliance by the crew manning offices they use.
9 November, 2010
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Crew Manning Office Part 1 (CMO)

Application and Certification
- Based upon ISO, but more fitted for the maritime industry
- May include other quality objectives
- 5 year Certificate
- Annual Audits
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Requirements for Crew Manning offices
Management Responsibility
- Policy and Objectives
- Responsibility and Authority
- Managements Representatives
- Review
- Improvement
- Non-conforming seafarers
9 November, 2010
21

Quality Manual, document and Data Control
- Quality Manual
- Document Data and control procedures
- Records and filing
Manning Agreement
- Review of Manning Agreement
- Development/modification of services
9 November, 2010
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Evaluation of Suppliers e.g.:
- Travel Agents
- Computer Software
- Training Suppliers
Recruitment of Ship Personnel

- Recruitment Procedures
- Review of Crew Agreement
Training of Ships Crew e.g.

- Approved accepted shore based training facilities
- Documented procedure for onboard familiarization
9 November, 2010
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Communication
- Accident and Near Miss reports
- Training scheme, seminars etc.
- Assessment reports
Emergency Procedures
- Plans and Procedures for effective communication
Internal Safety and Quality Audits

- Qualified Personnel
- Audit Plan
9 November, 2010
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Resources
- Minimum competency requirement to be defined
- Necessary infrastructure needed
Analyses and Improvement

- Complaints
- Applicable Methods and Statistics
Customer Property
- Training Records
- Certificates
- Ship Drawings and Documentation
9 November, 2010
25
Private Recruitment and Placement Services (RPS) Part 2
Application and Certification

- 5 year Certificate
- Annual Audits
- Based upon Maritime Labour Convention 2006
- May include other quality objectives
9 November, 2010
26
Private Recruitment and Placement Services (RPS) Part 2

Requirements from the Maritime Labour Convention 2006
- Fees
- Data Register
- Age Limit
- Information on Rights and Duties
- Employment Agreement
- Qualifications
- Medical Certificates
- Shipowners means
- Complaints
- Compensation for monetary loss
- Advice regarding employment on non-MLC ships
- Obligations and responsibilities of shipowners and Flag States
- Prevention of exploitation
- Seafarers document
9 November, 2010
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Certificates
Certificate for Part 1
Certificate for Part 2
Combined Certificate
9 November, 2010
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Crew Manning Offices and DNV Services
Services available from DNV:

Seminars and training service
Gap analysis service
Certification of recruitment and placement
services (Crew Manning Offices)
Aim to be RO and provide: One stop shop for
inspection and certification in due time
Competence in DNV: Operation of ships, maritime
management systems (ISM, ISPS and ISO),
project management, risk management, training,
seminars, ILO and the MLC 2006 and
certification of Crew Manning Offices.
Photo by Hkon Kjllmoen (Entry NMD photo contest)
9 November, 2010
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The first in the World
9 November, 2010
30
Summary
Entry into force expected in 2011
Upon entry into force all CMOs/Private Recruitment and Placement Services
must be licensed, certified or otherwise regulated
Procedures must be in place to facilitate:
Close supervise and control
Verification of compliance with the requirements of national laws and regulations
Shipowner responsibility for, as far as reasonable, ensure compliance when using

services in a non ratifying state
We recommend to start work now at least to identify scope of work to be

done and time needed to do it
DNV is ready to provide services - For further information contact your local
DNV office or send an e-mail to MLC@dnv.com
9 November, 2010
31
Safeguarding life, property

and the environment
www.dnv.com
9 November, 2010
32

Maritime Labour Convention 2006 - DNV

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Verfügbare Formate

Crew manning offices, private recruitment and placement services

The Maritime Labour Convention requirements

Areas with special Challenges

DNVs Solution for: Authorities, shipowners and CMOs

CMO & DNV Services

1st in the World

ILC participation from 106 Countries

MLC 2006 provides comprehensive rights

The Maritime Labour Convention 2006

Safety at sea and for seafarers

MLC 2006 as the 4th pillar in the international maritime regulation

The goals of the MLC 2006

Effective regulation, verification and compliance

Preventing poor working and living conditions being an advantage

Creating a level playing field

Ensure Safe and Effective Operations (safe and efficient crew)

In addition this may be used to:

Attract, recruit, develop, motivate and retain qualified labour

Shipowners should use MLC compliance to position themselves in competition to

Entry into Force & Status

PMoU requirements for PSC

EU coordination and work

Estimated entry into force

The challenges of MLC 2006

Knowing the requirements of the Convention

2. Developing effective measures/procedures for ongoing

ships engaged in fishing or in similar pursuits

Ship means a ship other than one which navigates exclusively in

MLC 2006 Content

MLC 2006 Content

3. Accommodation, recreational facilities, food and

4. Health protection, medical care, welfare and social

MLC and DMLC

Shipowners operating other ships have the right to request Certification

Certification and Inspection

Port State responsibilities

Onshore seafarer complaint-handling

The certificates issued under the authority of a

Ships from non-ratifying states shall be met by

The Maritime Labour Convention

Hours of work or rest

Manning levels for the ship

On-board recreational facilities

Food and catering

10. Health and safety and accident prevention

Areas with special Challenges

The competent authority shall: closely supervise and control

DNVs Solution for: Authorities, shipowners and CMOs

Crew Manning Office Part 1 (CMO)

Crew Manning Office Part 1 (CMO)

Crew Manning Office Part 1 (CMO)

Crew Manning Office Part 1 (CMO)

Recruitment of Ship Personnel

Training of Ships Crew e.g.

Crew Manning Office Part 1 (CMO)

Internal Safety and Quality Audits

Crew Manning Office Part 1 (CMO)

Analyses and Improvement

Private Recruitment and Placement Services (RPS) Part 2

Application and Certification

Private Recruitment and Placement Services (RPS) Part 2

Certificate for Part 2