MLC, 2006: What it is and what it does

The Convention, known as “MLC,
2006” came into force on 20 August 2013 – effectively becoming binding in
international law – and established minimum working and living standards for
all seafarers on those ships. What’s more, it is also an essential step toward
ensuring fair competition and a level-playing field for quality owners of ships flying the flags
of ratifying countries.

Decent work and fair
competition

The MLC, 2006 was adopted by government, employer and worker
representatives at a special ILO International Labour Conference, in February 2006, to provide
international standards for the world’s first genuinely global industry. Widely known
as the “seafarers’ bill of rights,” it is unique in its effect on
both seafarers and quality ship owners.

The comprehensive Convention sets
out in one place seafarers’ rights to decent conditions of work on almost every aspect of their
working and living conditions including, among others, minimum age, employment agreements, hours
of work or rest, payment of wages, paid annual leave, repatriation at the end of contract,
onboard medical care, the use of licensed private recruitment and placement services,
accommodation, food and catering, health and safety protection and accident prevention and
seafarers’ complaint handling.

It was designed to be applicable
globally, easy to understand, readily updatable and uniformly enforced and will become the
“fourth pillar” of the international regulatory regime for quality shipping,
complementing the key Conventions of the International Maritime Organization (IMO) dealing with
safety and security of ships and protection of the marine environment.

“This Convention shows how tripartite dialogue and international cooperation can
combine constructively for the most globalized of industries to concretely address the
challenges to securing decent working and living conditions for seafarers, while simultaneously
helping to ensure fair competition for ship owners,” says Cleopatra Doumbia-Henry,
Director of the International Labour Standards Department of the ILO, which has steered the
development, adoption and entry into force since the very beginning of the process.

High ratification rate, stringent requirements

The
Convention was adopted with demanding entry into force requirements, to ensure that it would
result in real change for seafarers and ship owners and avoid being seen as a “paper
tiger.” The concern was to ensure that it had the strong backing of the maritime
sector – especially flag States – before it came into force.

Under ILO practice, Conventions usually become binding under international law
12 months after countries register ratifications. To enter into force, the MLC, 2006 needed to
register at least 30 ratifications by countries representing at least 33 per cent of the
world’s gross shipping tonnage. (The tonnage requirement was met in 2009.)

“Thus the speed and scope of ratifications is remarkable, given that
the requirements for its entry into force were intentionally made the most stringent of any ILO
Convention,” Dr. Doumbia-Henry says.

As the pace of
ratification increases, the maritime industry is also actively implementing the Convention,
often well ahead of government action. It is foreseeable that the Convention will eventually
receive nearly universal ratification from relevant ILO Members.

The
Convention mandates that commercially operated ships of 500 gross tonnage or over and governed
by its provisions will, if they operate on international voyages, be required to carry, among
other things, two specific documents: a Maritime Labour Certificate (MLC) and a Declaration of
Maritime Labour Compliance (DMLC) providing prima facie evidence that the ships are in
compliance with the requirements of the Convention.

These two documents
will be subject to inspection when ships enter the ports of other countries that have ratified
the Convention. In addition, ships flying the flag of countries that have not ratified the
Convention will also be subject to inspection with respect to working and living conditions for
seafarers when they enter ports of countries where it is in force. This “no more
favourable treatment” approach, is an important aspect to help ensure fair competition
for ship-owners that comply with the Convention.

In addition, countries
that ratify the Convention after the first 30 that initially brought it into force, will come
under its provisions within one year of their ratification date.

An international standard for a global industry

The MLC, 2006 applies
to a wide range of ships operating on international and national or domestic voyages. Exceptions
include those navigating exclusively in inland waters or waters within, closely adjacent to
sheltered waters or areas where port regulations apply; those engaged in fishing or similar
pursuits; and ships of traditional build such as dhows and junks and warships or naval
auxiliaries.

It also contains important new compliance and enforcement
components based on flag State inspection and for port State control. The ILO has developed a
number of resources such as Guidelines for flag State inspections and for port State control as
well as workshops to help train inspectors and to assist national legal counsel and officials
involved with ratification and national legal implementation. The

global support for the International Labour Organization ’ s Maritime Labour Convention continues to increase. Currently, the ILO has registered ratifications of the Convention by 97 ILO penis States responsible for regulating conditions for seafarers on more than 90 per penny of the universe ’ south crude tonnage of ships.The Convention, known as “ MLC, 2006 ” came into wedge on 20 August 2013 – effectively becoming binding in external law – and established minimum work and support standards for all seafarers on those ships. What ’ s more, it is besides an substantive footfall toward ensuring fair contest and a level-playing airfield for quality owners of ships flying the flags of ratifying countries.The MLC, 2006 was adopted by government, employer and worker representatives at a special ILO International Labour Conference, in February 2006, to provide external standards for the earth ’ second first truly global industry. widely known as the “ seafarers ’ circular of rights, ” it is alone in its effect on both seafarers and quality ship owners.The comprehensive examination Convention sets out in one place seafarers ‘ rights to decent conditions of function on about every view of their work and living conditions including, among others, minimum historic period, employment agreements, hours of work or rest, payment of wages, paid annual leave, repatriation at the end of contract, onboard medical care, the use of accredited secret recruitment and placement services, adjustment, food and cater, health and guard auspices and accident prevention and seafarers ’ ailment handling.It was designed to be applicable globally, easy to understand, readily updatable and uniformly enforced and will become the “ fourth pillar ” of the international regulative regimen for choice embark, complementing the keystone Conventions of the International Maritime Organization ( IMO ) dealing with base hit and security of ships and protection of the marine environment. “ This convention shows how tripartite dialogue and international cooperation can combine constructively for the most globalize of industries to concretely address the challenges to securing adequate work and live conditions for seafarers, while simultaneously helping to ensure fair rival for ship owners, ” says Cleopatra Doumbia-Henry, Director of the International Labour Standards Department of the ILO, which has steered the development, adoption and entrance into pull since the very begin of the process.The Convention was adopted with demanding entrance into force requirements, to ensure that it would result in real change for seafarers and ship owners and avoid being seen as a “ newspaper tiger. ” The concern was to ensure that it had the solid back of the nautical sector – particularly flag States – before it came into force.Under ILO practice, Conventions normally become binding under international law 12 months after countries register ratifications. To enter into coerce, the MLC, 2006 needed to register at least 30 ratifications by countries representing at least 33 per penny of the populace ’ south gross transportation tonnage. ( The tonnage requirement was met in 2009. ) “ thus the accelerate and setting of ratifications is noteworthy, given that the requirements for its entry into coerce were intentionally made the most rigorous of any ILO Convention, ” Dr. Doumbia-Henry says.As the pace of ratification increases, the maritime industry is besides actively implementing the Convention, much well ahead of government carry through. It is foreseeable that the Convention will finally receive closely universal ratification from relevant ILO Members.The Convention mandates that commercially operated ships of 500 gross tonnage or over and governed by its provisions will, if they operate on external voyages, be required to carry, among other things, two particular documents : a Maritime Labour Certificate ( MLC ) and a Declaration of Maritime Labour Compliance ( DMLC ) providing prima facie evidence that the ships are in submission with the requirements of the Convention.These two documents will be subject to inspection when ships enter the ports of other countries that have ratified the Convention. In addition, ships flying the flag of countries that have not ratified the Convention will besides be submit to inspection with respect to working and animation conditions for seafarers when they enter ports of countries where it is in force. This “ no more golden treatment ” approach, is an crucial expression to help ensure fairly contest for ship-owners that comply with the Convention.In summation, countries that ratify the convention after the first 30 that initially brought it into force, will come under its provisions within one year of their ratification date.The MLC, 2006 applies to a wide image of ships operating on international and home or domestic voyages. Exceptions include those navigating entirely in inland waters or waters within, closely adjacent to shelter waters or areas where port regulations apply ; those engaged in fishing or similar pursuits ; and ships of traditional build such as dhows and junks and warships or naval auxiliaries.It besides contains important modern complaisance and enforcement components based on masthead State inspection and for port State dominance. The ILO has developed a number of resources such as Guidelines for flag State inspections and for port State control angstrom well as workshops to help train inspectors and to assist national legal advocate and officials involved with ratification and home legal execution. The Maritime Labour Academy at the ILO ’ s Internation al Training Centre ( ITC ) in Turin, Italy, offers a comprehensive examination crop of train activities under the MLC, 2006.