Friday, September 14, 2012

MLC 2006

MLC 2006

                                                                 MARITIME
                             LABOUR CONVENTION, 2006


 purposes:

(a) to lay down, in its Articles and Regulations, a firm set of rights and principles;
(b) to allow, through the Code, a considerable degree of flexibility in the way Members
implement those rights and principles; and
(c) to ensure, through Title 5, that the rights and principles are properly complied with
and enforced.

FUNDAMENTAL RIGHTS AND PRINCIPLES

Article III
Each Member shall satisfy itself that the provisions of its law and regulations
respect, in the context of this Convention, the fundamental rights to:
(a) freedom of association and the effective recognition of the right to collective
bargaining;
(b) the elimination of all forms of forced or compulsory labour;
(c) the effective abolition of child labour; and
(d) the elimination of discrimination in respect of employment and occupation

General note
Signed 23 February 2006
Location Geneva
Effective not in force
Condition 30 ratifications; representing 33% of gross tonnage of ships
Ratifiers 29
Depositary Director-General of the International Labour Office
Languages French and English

Contents
Maritime Labour Convention, 2006

Preamble
General obligations
Article I  to  Article XVI
Explanatory note to the Regulations and Code of the Maritime Labour Convention  &
 5 Title

Title 1. Minimum requirements for seafarers to work on a ship

Regulation 1.1 – Minimum age
Regulation 1.2 – Medical certificate
Regulation 1.3 – Training and qualifications
Regulation 1.4 – Recruitment and placement

Title 2. Conditions of employment

Regulation 2.1 – Seafarers’ employment agreements
Regulation 2.2 – Wages
Regulation 2.3 – Hours of work and hours of rest
Regulation 2.4 – Entitlement to leave.
Regulation 2.5 – Repatriation
Regulation 2.6 – Seafarer compensation for the ship’s loss or foundering 
Regulation 2.7 – Manning levels
Regulation 2.8 – Career and skill development and opportunities for seafarers’
employment

Title 3. Accommodation, recreational facilities, food and catering

Regulation 3.1 – Accommodation and recreational facilities
Regulation 3.2 – Food and catering

Title 4. Health protection, medical care, welfare and social security protection

Regulation 4.1 – Medical care on board ship and ashore
Regulation 4.2 – Shipowners’ liability
Regulation 4.3 – Health and safety protection and accident prevention
Regulation 4.4 – Access to shore-based welfare facilities
Regulation 4.5 – Social security

Title 5. Compliance and enforcement

Regulation 5.1 – Flag State responsibilities .
Regulation 5.1.1 – General principles
Regulation 5.1.2 – Authorization of recognized organizations
Regulation 5.1.3 – Maritime labour certificate and declaration of maritime labour compliance
Regulation 5.1.4 – Inspection and enforcement
Regulation 5.1.5 – On-board complaint procedures
Regulation 5.1.6 – Marine casualties
Regulation 5.2 – Port State responsibilities
Regulation 5.2.1 – Inspections in port
Regulation 5.2.2 – Onshore seafarer complaint-handling procedures
Regulation 5.3 – Labour-supplying responsibilities
Appendix A5-I                                                                                                                                Appendix A5-II
Appendix A5-III
Appendix B5-I – EXAMPLE of a national Declaration






For Each Title, there are general Standards, which are further specified in mandatory Regulations (list A) as well as Guidelines (List B). Guidelines generally form a form of implementation of a Regulation according to the requirements, but States are free to have different implementation measures. Regulations should in principle be implemented fully, but a country can implement a "substantially equivalent" regulation, which it should declare upon ratification.


Title 1: Minimum requirements for seafarers to work on a ship

The minimum requirements set out in this section of the code are divided in 4 parts and are summarized below:
  • Minimum age requirements: the mimimum age is 16 years (18 for night work and work in hazardous areas).
  • Medical fitness: workers should be medically fit for the duties they are performing. Countries should issue medical certificates as defined in the STCW (or use a similar standard).
  • Training: Seafarers should be trained for their duties as well as have had a personal safety training.
  • Recruitment/placement services located in member states or for ships flying the flag of member states should have (amongst others) proper placement procedures, registration, complaint procedures and compensation if the recruitment fails

Title 2: Employment conditions

The Title on employment conditions lists conditions of the contract and payments, as well as the working conditions on ships.
  • Contracts: the contract should be clear, legally enforceable and incorporate collective bargaining agreement (if existent).
  • Payments: Wages should be paid at least every month, and should be transferrable regularly to family if so desired.
  • Rest hours: rest hours should be implemented in national legislation. The maximum hours of work in that legislation should not exceed 14 hours in any 24-hour period and 72 hours in any seven-day period, or: ten hours in any 24-hour period and 77 hours in any seven-day period. Furthermore every day, at least six hours of rest should be given consecutively.
  • Leave: Seafarers have a right to annual leave as well as shore leave.
  • Repatriation: Returning to their country of residence should be free
  • Loss: If a ship is lost or foundered, the seafarers have a right to an unemployment payments.
  • Manning: Every ship should have a sufficient manning level

Title 3: Accommodation, Recreational Facilities, Food and Catering

The title specifies rules detailed rules for accommodation and recreational facilities, as well as food and catering.
  • Accommodation: Accommodation for living and/or working should be "promoting the seafarers' health and well-being". Detailed provisions (in rules and guidelines) give minimum requirements for various types of rooms (mess rooms, recreational rooms, dorms etc.).
  • Food and Catering: Both food quality and quantity, including water should be regulated in the flag state. Furthermore, cooks should have proper training.

Title 4: Health Protection, Medical Care, Welfare and Social Security Protection

Title 4 consists of 5 regulations about Health, Liability, Medical care, Welfare and Social security.
  • Medical care on board ship and ashore: Seafarers should be covered for and have access to medical care while on board; in principle at no cost and of a quality comparable to the standards of health care on shore. Countries through which territory a ship is passing should guarantee treatment on sure in serious cases.
  • Shipowners' liability: Seafarers should be protected from thefinancial effects of "sickness, injury or death occurring in connection with their employment". This includes at least 16 weaks of payment of wages after start of sickness.
  • Health and safety protection and accident prevention: A safe and hygienic environment should be provided to seafarers both during working and resting hours and measures should be taken to take reasonable safety measures.
  • Access to shore-based welfare facilities: Port states should provide "welfare, cultural, recreational and information facilities and services" and to provide easy access to these services. The access to these facilities should be open to all seafarers irrespective of race, sex, religion or political opinion.
  • Social security: Social security coverage should be available to seafarers (and in case it is customary in the flag state: their relatives).

Title 5: Compliance and Enforcement

Title 5 sets standers to ensure compliance with the convention. The title distinguishes requirements for flag state and port state
  • Flag states: Flag states (the state under which flag the ship operates) are responsible for ensuring implementation of the rules on the ships that fly its flag. Detailed inspections result in the issue of a "Certificate of Maritime Compliance", which should always be present (and valid) on a ship. Ships are required to have decent complaints procedures in place for its crew and should institute investigations in case of casualties.
  • Port States: The inspection in ports depends on whether a Certificate of Maritime Compliance is present (and thus a flag is flown of a country which has ratified the convention). If the Certificate is present, compliance is to be assumed in principle, and further investigations only take place if the certificate is not in order or there are indications of non-compliance. For ships that don't have the certificate, inspections are much more detailed and should ensure -according to a "no more favorable treatment principle" that the ship has complied with the provisions of the convention. The convention is thus -indirectly- also valid for ships of non-member countries if they plan to call to ports of a member state.
  • Labour agencies: Agencies supplying on maritime workers to ships should also be inspected to ensure that they apply the convention (amongst others the regulations regarding to social security).

Counties that ratified



INSPECTION ITEM

The working and living conditions of seafarers that must be inspected and approved
by the flag State before certifying a ship in accordance with Standard A5.1.3

Minimum age
Medical certification
Qualifications of seafarers
Seafarers’ employment agreements
Use of any licensed or certified or regulated private recruitment and placement service
Hours of work or rest
Manning levels for the ship
Accommodation
On-board recreational facilities
Food and catering
Health and safety and accident prevention
On-board medical care
On-board complaint procedures
Payment of wages

Last new for retifies MLC 2006
  • Sweden – a leader ratifies the Maritime Labour Convention, 2006
    (12 June 2012)
  • Poland ratifies the Maritime Labour Convention, 2006 (MLC, 2006)
    (7 May 2012)
  • Togo ratifies the Maritime Labour Convention, 2006 (MLC, 2006)
    (30 March 2012)
  • Tuvalu ratifies the Maritime Labour Convention, 2006 (MLC, 2006)
    (05 March 2012)
  • Saint Kitts and Nevis ratifies the Maritime Labour Convention, 2006 (MLC, 2006)
    (27 February 2012)

  



Document aspect

1.MLC certificate
2.Declaration of maritime labour complaince part 1 & part 2
3.Interim maritime labour certificate

0 comments:

Post a Comment