MARITIME LABOUR CONVENTION IMO –

MLC 2006 MARITIME CONVENTIONS

AND
LECTURE TOPIC 11 CLASSIFICATION OF SOCIETIES
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 INTRODUCTION
4th mainstay /pillar after SOLAS, MARPOL, STCW; MLC entered into force on 20 August 2013.
Maritime Labour Convention (MLC), according to the ILO or International Labour Organisation, provides a broad
perspective to the seafarer’s rights and fortification at work.
Purpose
The old labor convention was not working well to protect the world’s seafarers as many are not covered or may
not have an effective system to respond the rights..
Change in shipping ownership, finance patterns etc made a significant shift in the labor market of seafarers.
to establish a level playing field for countries and shipowners committed to providing decent working and living
conditions for seafarers, protecting them from unfair competition on the part of substandard ships.
To enforce seafarers rights - Uniformly & universaly enforced
Consolidated set of global standards - to ensure comprehensive worldwide protection of the rights of seafarers
(the Convention is sometimes called the seafarers‘ Bill of Rights); Globally acceptable - internationalization
Readily updatable - Many ILO instruments required updating
Easy to understand
Sets minimum requirements for all aspects of working and living conditions for seafarers including recruitment and
placement practices, conditions of employment, accommodation, food catering, health protection, occupational
health and safety, medical care and social protection.
 CONCEPTS AND LAWS TAKEN INTO ACCOUNT FOR THE
MLC PREPARATION
1). Equal Remuneration Convention, 1951
2). Minimum Wage Convention, 1973
3). The Worst Forms of Child Labour Convention, 1999
4). The Abolition of the Forced Labour Convention, 1957
5). The labour convention also seeks to revise some of the current conventions and laws which are part of the
maritime labour organisation. A few of these prospective revisable laws can be listed down as follows:
Minimum Age (Sea) Convention, 1920
Placing of Seamen Convention, 1920
Certification of Ships’ Cook Convention, 1946
Hours of Work and Manning (Sea) Convention, 1936
Seamen’s Articles of Agreement Convention, 1926
Paid Vacations (Seafarers) Convention, 1946
Merchant Shipping (Minimum Standards) Convention, 1976
Recruitment and Placement of Seafarers Convention, 1996
 CONVENTION STRUCTURE
MLC IN 4 PARTS
16 ARTICLES (Rights and Principles)
REGULATIONS (Rules) CODE A (Mandatory Standards) CODE B (Non Mandatory Guidelines)
Five TITLES (Chapters)
The Regulations, the standards (part A) and Guidelines (Part B) in the code are integrated and
organised under 5 Titles. The Convention covers a wide range of employment issues and is organised
into the following sections:
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
 TITLE 1: MINIMUM REQUIREMENTS FOR SEAFARERS TO
WORK ON A SHIP
Minimum age, Medical fitness, Training and certification, Recruitment and placement services.
Minimum age REGULATION 1.1 - Purpose: To ensure that no under-age persons work on a ship
Persons below age of 15 shall NOT work on ships. Seafarers under age of 18 are 'Young Seafarers'
and prohibited of a) Night Work b) Work that would jeopardise their health and safety; Minimum age
of a Cook to be 18 years;
For young seafarers - Night 9 hours of continuous rest & Start NOT later than Midnight and end NOT
earlier than 5 AM. Night work may be permitted by Competent Authority.
Medical certificate REGULATION 1.2 Purpose: To ensure that all seafarers are medically fit to perform
their duties at sea
All seafarers to have valid Medical Certificate & Certificate issued by Qualified and Approved
Medical Practitioner. Maximum Validity 2 Years seafarer 18 years and above; Colour Vision
Certificate Validity 6 years; Certificate should state SIGHT and HEARING is Satisfactory; Certificate
should state 'FIT to perform duties' & Limitations' or 'Restrictions' to be clearly stated. Language of
Certificate ENGLISH
 TITLE 1 CONTD…
Training and qualifications REGULATION 1.3 - Purpose: To ensure that seafarers are trained or
qualified to carry out their duties on board ship. Mandatory STCW Courses : PST, FPFF, EFA, PSSR,
STSDSD & also Special Training for persons on certain types of ships: BTOC, GTFC, Passenger ships,
lGFC.
Recruitment and placement REGULATION 1.4 - Certificate of MLC Compliance
RPS LICENSE- for the Agent;
NO Charges for recruitment or employment or retaining employment other than cost of sea farer
obtaining Medical Certificate, CDC or Passport. NO VISA fees from seafarer
Agent Responsible for WAGES and REPATRIATION of seafarer, Examine and respond to seafarers
complaint, Maintain up to date of Register of all seafarers recruited, lnform seafarers of their Rights.
Protection by way of lnsurance to compensate seafarer for monetary loss as a result of failure of RPSL.
 TITLE 2: CONDITIONS OF EMPLOYMENT
Agreements, Wages, Hours of Rest and hours of Work, Entitlement to leave, Repatriation of seafarer.
REGULATION 2.1 Seafarers’ employment agreements shall in all cases contain the following particulars: Minimum contents
of Agreement as per MLC and FLAG state requirements
Agreement Signed by both Seafarer and Shipowner or his authorised representative; Seafarer shall have ORIGINAL
signed Copy. Record of EMPLOYMENT to be given to seafarer and the record should NOT state WAGES or QUALITY of
WORK.

REGULATION 2.2 wages - Ensure Wages are paid for their services as per their agreements. Can be Consolidated,
Partially Consolidated or Formula based (Basic +)
Paid NOT more than in a Monthly interval. Paid in Full (lf NOT paid in Full DUES shall be reflected in Account of Wages)
and paid regularly. Monthly Account of Wage statement Signed by Master issued to seafarer.
Wages means 08 hours of work per day and NOT more than 48 Hours per week or as per CBA – collective Bargain
Agreement. Any hours worked in excess of weekly specified will be treated as Overtime. Records of Overtime to be
maintained.
Allotment of wages facility should be available.
Rate of Foreign Exchange shall be prevalent market rate.
NOTE: lndian Trainees/Cadets on lndian FLAG ships are NOT covered by this regulation 2.2; also not covered under
CBA of regulation 2.1
 TITLE 2: CONTD….
Regulation 2.3 – Hours of work and hours of rest
Working hours is EIGHT hours day with ONE day Rest per week & Rest on public holidays declared by
FLAG State
Maximum hours of work: 14 Hours in any 24 hour period or 72 Hours in any SEVEN day period
Minimum hours of Rest : 10 Hours in any 24 hour period & 77 Hours in any SEVEN day period.
10 Hours Rest period can be split in NO more than 2 periods. One period of Rest minimum 06 hours, &
Interval between TWO Rest hours NOT to exceed 14 Hours.
Short breaks and MEAL breaks are NOT treated as REST period.
Ship board working arrangement needs to be posted in an easily accessible place. Sea farer shall
receive a copy of records pertaining to Rest and work hours endorsed by MASTER.
Drills and Musters shall be conducted in a manner that minimises disturbance of rest period and does
NOT induce FATIGUE.
 TITLE 2: CONTD…
Entitlement to leave REGULATION 2.4 - Purpose: To ensure that seafarers have adequate leave
- Seafarers employed on ships are given paid annual leave under appropriate conditions, and seafarers shall be
granted shore leave to benefit their health and well-being and consistent with the operational requirements of their
positions. Annual leave with pay entitlement shall be minimum 2.5 Calendar days per month of employment or Pro Rata.
Period of Service includes: Absence from work on account of illness or injury or maternity, attend an approved maritime
vocational training course, service OFF Articles as defined by FLAG State or CBA.
Following do NOT count as part of Leave: Public Holidays as declared by FLAG state, whether worked or Not worked,
shore leave, period of incapacity due illness, injury or maternity. Seafarer can be recalled from leave earlier only when
urgent;
Repatriation REGULATION 2.5 - Purpose: To ensure that seafarers are able to return home
Seafarers have a right to be repatriated at no cost to themselves in the circumstances and under the conditions specified
in the Code. Maximum service for Repatriation at Owners cost to be LESS than 12 Months. Seafarer entitled for
Repatriation:
i) Expiry of employment agreement ii) Termination of Agreement by either parties iii)Seafarer unable to carry
out their duties iv) Seafarer do NOT consent to go to WAR ZONE.
Expenses borne by owner- i) Accommodation and food till seafarer reaches destination as per Agreement ii) Pay and
Allowance iii) 30 Kilograms of Luggage allowance. Trainees/Cadets if they prefer may be allowed to continue on board
for longer period >12 months to complete sea time required for CoC examinations. (MS Notice 4 of 2O17)
 TITLE 3: ACCOMMODATION, RECREATION, FOOD AND
CATERING
Accommodation and Recreational facilities, Food and catering,
Accommodation and recreational facilities REGULATION 3.1 -It is required to provide and maintain
decent accommodations and recreational facilities for seafarers working or living on board, or both,
consistent with promoting the seafarers’ health and well-being. The competent authority shall pay
particular attention to ensuring implementation of the requirements of this Convention relating to: (a) the
size of rooms and other accommodation spaces; (b) heating and ventilation; (c) noise and vibration and
other ambient factors; (d) sanitary facilities; (e) lighting; and (f) hospital accommodation.
Accommodation is Constructed as per the applicable ACCOMMODATTON Rules. Accommodation
inspected by MASTER weekly basis w.r.t: i)Cleanliness, Hygiene, decently habitable and maintained in
good state ii)Ventilation and Heating arrangements if required iii)Lighting Natural and Electrical
iv)Sanitary Facilities; Hygiene, Sanitary fittings, drainage, exhaust, lighting separate sanitary facilities
for men and women seafarers. v)Hospital accommodation vi)Noise and Vibration factors. Reasonable
access to telecommunication facilities on board.
 TITLE 3 – CONTD…
Food and catering Regulation 3.2
Purpose: To ensure that seafarers have access to good quality food and drinking water provided under
regulated hygienic conditions
Food and Drinking water: Quantity commensurate with number of crew.
Quality to be monitored, Varied Menu, having regard to religious requirements and Cultural practices
Nutritious meals served in hygienic conditions Free of Charge
Ship's cook shall be trained and Certified.
Catering staff shall be trained and instructed;
Frequent inspections by Master of Supplies of food and Drinking water, Spaces used for storage and
handling of food and water, and Galley equipment
 TITLE 4: HEALTH PROTECTION, MEDICAL CARE,
WELFARE AND SOCIAL SECURITY PROTECTION
Medical care on board and ashore, Shipowners liability, Health and Safety protection and accident prevention,
Social Security.
Medical care on board ship and ashore Regulation 4.1- Purpose: To protect the health of seafarers and ensure
their prompt access to medical care on board ship and ashore. Right of seafarer to visit a medical Doctor or
Dentist without delay in ports of call. Prompt and adequate medical care, free of Cost Standard Medical Form.
On board hospital and medical care facilities Medical guide, have atleast one seafarer on board who has to be
in charge of medical care. Medical advice by Radio or Satellite communication to ships is available 24 hours.
Shipowners’ liability Regulation 4.2 - Purpose: To ensure that seafarers are protected from the financial
consequences of sickness, injury or death occurring in connection with their employment. Liability of the ship owner
to defray/pay expenses to be NOT less than 16 weeks.
Sickness or lnjury leads to incapacity to work: Seafarer to be paid full wages till seafarer is on board, wages to
be paid as per FLAG State law or CBA till Repatriation.
Ship owner is excluded from liability if: i) lnjury incurred otherwise in service of the ship ii) lnjury or
sickness due to wilful misconduct iii) Sickness or infirmity intentionally concealed at time of engagement
 TITLE 4: CONTD…
Health and safety protection and accident prevention - Purpose: To ensure that seafarers’ work environment on
board ships promotes occupational safety and health; lmplement and follow Occupational Health and Safety
Programmes. Take Precautions to prevent occupational accidents, use of Personal Protective equipment; Inspection
and reporting of unsafe conditions.
Safety Committee to be established on board. Accident reporting procedure adopted on board.
The competent authority should ensure that the national guidelines for the management of occupational safety and
health address the occupational safety matters, in particular- (a) general and basic provisions; (b) structural
features of the ship, including means of access and asbestos-related risks; (c) machinery; (d) the effects of the
extremely low or high temperature of any surfaces with which seafarers may be in contact; (e) the effects of noise
in the workplace and in shipboard accommodation; (f) the effects of vibration in the workplace and in shipboard
accommodation; (g) the effects of ambient factors, other than those referred to in subparagraphs (e) and (f), in the
workplace and in shipboard accommodation, including tobacco smoke; (h) special safety measures on and below
deck; (i) loading and unloading equipment; (j) fire prevention and fire-fighting; (k) anchors, chains and lines; (l)
dangerous cargo and ballast; (m) personal protective equipment for seafarers; (n) work in enclosed spaces; (o)
physical and mental effects of fatigue; (p) the effects of drug and alcohol dependency; (q) HIV/AIDS protection
and prevention; and (r) emergency and accident response.
 TITLE 4: CONTD…
Access to shore-based welfare facilities - Purpose: To ensure that seafarers working on board a ship have access
to shore-based facilities and services to secure their health and well-being
1. shore-based welfare facilities, where they exist, are easily accessible.
2. The responsibilities of each Member with respect to shore-based facilities, such as welfare, cultural, recreational
and information facilities and services, are set out in the Code

Social security - Purpose: To ensure that measures are taken with a view to providing seafarers with access to
social security protection
1. Each country shall ensure that all seafarers and, to the extent provided for in its national law, their dependants
have access to social security protection in accordance with the Code without prejudice however to any more
favourable conditions referred to in paragraph 8 of article 19 of the Constitution.
2. Each Member country undertakes to take steps, according to its national circumstances, individually and through
international cooperation, to achieve progressively comprehensive social security protection for seafarers.
3. Each Member country shall ensure that seafarers who are subject to its social security legislation, and, to the
extent provided for in its national law, their dependants, are entitled to benefit from social security protection no
less favourable than that enjoyed by shoreworkers.
 TITLE 5: COMPLIANCE AND ENFORCEMENT.
On board complaint procedures. Grievance handling mechanism Application of MLC to type of vessels
and Certification.
On-board complaint procedures REGULATION 5.1.5
Procedure in working language of ship
All seafarers provided with copy of procedure
Guide or Mentor on board to advice seafarers (To be identified in the procedure)
No Victimisation of Seafarer
Right to be accompanied by a witness
Complaint to be recorded in Official register and a Copy issued to seafarer.
Complaints to be resolved at lowest level possible.
Right to complaint directly to MASTER/Ship Owner or even External Authorities.
identity of Seafarers who have filed complaints ashore shall NOT be revealed;
Right to approach Competent authority through Grievance handling mechanism
 TITLE 5: CONTD….
REGULATION 5.1.3. MARITIME LABOUR CERTIFICATE - This Regulation applies to ships of: 500 gross
tonnage or over, engaged in international voyages; Ships over 500 gt must keep on board and display
a Maritime Labour Certificate which will be issued by the Flag State after an inspection by the Flag
State or an RO which confirms compliance with minimum standards.
Exempted Ships: Naval vessels and their Auxiliaries, Fishing Vessels, Traditionally built ships- Dhows or
Junks, Vessels under lV Act or Governed by Port; Regulations/sheltered waters, Vessels < 200 GT, and
NOT on lnternational Voyage, Valid for 05 Years with ONE lntermediate verification.
A Declaration of Maritime Labour Compliance (DMLC) is appended to the Certificate. Part I is
prepared by the Flag State while Part II is completed and maintained by the Ship-owner in order to
ensure continuing compliance. Under MLC, 2006, the ship owners are required to submit a DMLC or
Declaration of Maritime Labour Compliance to their respective flag states which form a party to the
convention. The flag states will accordingly issue the MLC Certificate to the fleet flying their flag
following, surveys, inspections, paperwork and approvals. The certificate would be then required to be
posted at a conspicuous position on board.
 “NO MORE FAVORABLE TREATMENT” CLAUSE
“No more favorable treatment” clause
Article V, paragraph 7 of the MLC, 2006 contains what is often called the ―no more
favourable treatment clause. It seeks to ensure a ―level playing field under which the ships of
countries that have ratified the Convention will not be placed at a competitive disadvantage as
compared with ships flying the flag of countries that have not ratified the MLC, 2006.
MLC doesn’t apply directly to the ratified countries. Like other international laws it aims to set
minimum standards that a member state should lay down in the law of their land concerning
interests of seafarers and fair competition among shipowners.
ANY DOUBTS

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