Introduction to

Maritime Labour
Convention

General Introduction
Guidance and
Application

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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 doesnt 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 Favorable 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
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control, and PSC of foreign ships. rg
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
Ship
Shipowner
Competent authority
Seafarers employment agreement
Seafarer recruitment and placement service

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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:
Ships navigating exclusively in inland waters,
close to the coast, in sheltered waters or areas
where port regulations apply.
Fishing vessels.
Ships of traditional build, such as dhows and
junks.
Warships and naval auxiliaries.
Smaller ships (below 200 GT) may be exempted.
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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.
Title 2: Conditions of employment.
Title 3: Accommodation, recreational facilities, food and
catering.
Title 4: Health protection, medical care, welfare and
social security protection.
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Title 5: Compliance and enforcement. rg
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.

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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 MLCs, 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 havent 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.

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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
Ratification requirement of a minimum of 30
countries representing at least one third of
the world fleet in gross tonnage.
Twelve months after meeting this
requirement, the MLC comes into force.
The MLC has been ratified by Liberia, the
Marshall Islands, Bahamas, Panama and
Norway and many others.
Entry into force can be expected by 2012.

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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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Summary

Any Questions?

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