MARITIME LABOUR CONVENTION 2006

FAMILIARIZATION FOR SEAFARERS

Anglo Eastern Maritime Training Centre

Background Goals
The Maritime Labour Convention (MLC 2006) was adopted by ILO in February 2006
It updates and consolidates 37 existing ILO convention Objective is to: Recruit develop Recruit, develop, motivate and retain qualified labour Prevent poor working and living conditions being an advantage C Create t al level l playing l i fi field ld f for ship-owners hi Establish MLC 2006 as the 4th pillar in the international maritime regulation (together with SOLAS, MARPOL and STCW)

MLC COMES INTO FORCE WITH EFFECT FROM 20 AUGUST 2013

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Inspection & Certification

All ships 500 tons and above in international voyage will need: Maritime Labour Certificate (MLC) Declaration of Maritime Labour Compliance (DMLC)

All ships shall be inspected by Flag State at an interval not g 3 y years, , even if they y are not required q to carry y the exceeding Maritime Labour Certificate.
Port

State Control of a ratifying state can inspect all ships calling lli it its ports t clearly specifies that ships from non ratifying states shall be met by the No more favorable treatment and will b inspected be i t d in i accordance d with ith MLC requirements i t
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MLC

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Inspection & Certification

The areas covered during inspection for compliance and certification are:
1. 2. 3. 4. Minimum age Medical certification Qualifications of seafarers

Use of any licensed or certified or regulated private recruitment and placement service Requirements q related to ship p construction and 5 Hours 5. H of f work k or rest t equipment will apply only to ships constructed 6. Manning levels for the ship on or after the date MLC 2006 comes into force. 7. Accommodation Construction date = when its keel is laid 8. On-board recreational facilities Existing Ships will continue to be inspected under 9. Food and catering ILO convention they were built (C92 / C133) 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
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The Declaration of Maritime Labour Compliance p (DMLC) ( ) For purpose of certification, vessels will be inspected against the regulations of the ratifying Flag state (and not against the MLC 2006 document) and Companys procedures to implement the Flag state regulations.
DMLC Part I shall be drawn up by the Flag State and will specify the national requirements that the ship must comply with. DMLC Part II shall be drawn up by the Company and will describe the procedures for implementing the DMLC Part I requirements. These documents will be sent to the ship for their knowledge and implementation. The compliance will be verified by the Flag inspector prior issuance of Maritime Labour Certificate. The Flag inspector will endorse DMLC Part II upon successful verification of compliance.
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Maritime Labour Certificate (MLC)

The MLC shall be issued by the Flag State or a Recognized Organization (RO). It will be a statutory certificate for vessel 500 GT and over on international voyage. voyage 0 2 3 5

MLC

= - 3 months =+/=+/ - 6 months Inspections shall take place at the intervals as shown above: Initial, (between 2nd & 3rd y year) ) and renewal within 3 months p prior Intermediate ( expiry.
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Enforcement

MLC will be enforced through Port State Control action in ratifying countries Ships from non-ratifying states or with visible deficiencies will be subject s bject to more detailed inspections Port State Control will investigate complaints pertaining to working and living conditions, safety and health hazards to seafarers f Ships having serious non-conformances and / or deficiencies may be detained in port Action taken to correct serious non-conformances and / or deficiencies will be verified by PSC at subsequent ports to ensure that this is not repeated
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MLC 2006 Content

The Convention consist of 4 parts 1) The articles 2) The regulations 3) The Standards (part A) 4) Guidance (part B) not mandatory

The Regulations and Standards are given under 5 Titles

This book MUST be on board every ship.

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

1.1 Minimum age 1.2 Medical certificate 1.3 Training and qualifications 1 1.4 4 Recruitment R it t and d placement
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Regulation 1.1

Minimum age

AESM HAS SET 18 YEARS AS MINIMUM AGE No seafarer should be on board who is less than 18 years of age

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Regulation 1.2 Medical certificate (MC)

All seafarers to hold valid medical fitness certificates MC to be issued by duly qualified doctor recognized by competent authority in a format approved by the Flag state (Evidence to be available on board) MC valid for max 2 years (person <18 years, validity 1 year) Certificate of Colour vision is valid for maximum 6 years MC shall remain valid till next port of call (NPOC) if it expires at sea Competent Authority can give permission to sail to NPOC or max 3 months. months The dispensation will expire at first port of call after sailing from the port where it has been obtained. MC to be in English if ship is on international voyages
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Regulation 1.3

Training and qualifications

Seafarers shall not work on a ship p unless they y are trained or certified as competent or otherwise qualified to perform their duties. Seafarers shall not be p permitted to work on a ship p unless they y have successfully completed training for personal safety on board ship. Training and certification in accordance with STCW will meet the requirements of this regulation

Seafarers must demonstrate their competence to manage their job responsibilities and safety functions functions.
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Regulation 1.4

Recruitment and Placement

All seafarers shall only be recruited through offices and manning companies that comply with requirements of this regulation. Details of the FPD recruiting seafarers for the ship are mentioned in DMLC Part II

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Title 2 - Conditions of employment

2.1 Seafarers employment p y agreements g 2.2 Wages 2.3 Hours of work and hours of rest 2 4 Entitlement to leave 2.4 2.5 Repatriation 2.6 Seafarer compensation for the ships loss or foundering f d i 2.7 Manning levels 2.8 Career and skill development p and opportunities for seafarers employment

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Regulation 2.1 Seafarers employment agreements The following documents comprise the Seafarer Employment Agreement Employment Contract Terms of Employment Collective Bargaining Agreement Articles of Agreement (where Flag requires them) POEA Agreement (in case of Filipino seafarers) THESE DOCUMENTS MUST BE ON BOARD
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Regulation 2.1 Seafarers S f employment agreements Copy of the seafarers seafarers employment agreement, agreement is also accessible for review by Flag state and Port State Control Seafarers shall be given a document containing a record of their employment on board the ship (CDC/Seaman Book) Where a collective bargaining agreement forms all or part of an employment agreement, a copy in English of that agreement shall be available on board. ALL SEAFARERS MUST KNOW THE CONTENTS OF THE AGREEMENT
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Regulation 2.2 22

Wages

The seafarers on board shall be p paid at monthly y intervals. The monthly interval applies to remittance of allotments to the Bank account designated by them on joining. joining Seafarers must ensure that bank details are correct and advise the company in case of any delays in receipt of funds into the account. provided with monthly y account of wages. g They y must Seafarers shall be p verify that the amounts are in accordance with the employment contract. Cash advance will be paid on board as per frequency given in DMLC II
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Regulation 2.3 2 3 Hours of work and hours of rest

Company has chosen to adopt provisions for MINIMUM HOURS OF REST minimum hours of rest shall not be less than: (i) ten t hours h i any 24-hour in 24 h period; i d and d
(ii) 77 hours in any seven-day period.

Records R d of f seafarers f daily d il hours h rest t shall h ll be b maintained. i t i d The seafarers shall receive a copy of the records pertaining to them which shall be endorsed by the master and by the seafarers.

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Regulation 2.3 23

Hours of work and hours of rest

Shipboard working arrangement shall be prominently posted showing g (a) the schedule of service at sea and service in port; and (b) the minimum hours of rest provided in DMLC Part I Shipboard working arrangement shall be reviewed prior every port call or non-routine operation to ensure that work hours are regulated to provide adequate rest to the seafarers. seafarers Seafarers on call (example: UMS ships) shall have adequate compensatory rest period if they are called out beyond their normal rest hours. The amount of compensatory rest will depend on the shortfall of minimum 6 hours of continuous rest within a 24 hour period.
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Regulation 2.3 23

Hours of work and hours of rest

ENSURE THAT HOURS OF WORK AND REST ARE PROPERLY RECORDED AND CAN BE TALLIED WITH ACTUAL OPERATIONS OF THE VESSEL, VESSEL LOG BOOKS BOOKS, TRAINING RECORDS & OVERTIME SHEETS

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Regulation 2.4 24

Entitlement to leave

This regulations aims to ensure seafarers are able to avail of the leave earned for period of service on board during the 12 months commencing from the time t et they ey first st join jo the t e company. co pa y Entitlement to leave is mentioned in the Employment Contract and Collective Bargaining Agreements. Agreements All Seafarers must be aware of this. SEAFARERS MUST PLAN AND AVAIL LEAVE. EXTENSIONS MAY NOT BE GIVEN IF THEY VIOLATE THIS REGULATION.
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Regulation 2.5 25

Repatriation

Seafarers have a right to be repatriated at no cost to themselves except in cases of misconduct or serious default with employment obligations. Collective Bargaining Agreements show the terms of repatriation for the nationality of the seafarer.

SEAFARERS S S MUST S BE AWARE O OF THE TERMS S OF REPATRIATION AS GIVEN IN CBA AND TERMS OF EMPLOYMENT

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Regulation 2.6 2 6 Seafarer compensation for the ships loss or foundering

The compensation Th ti is i mentioned ti d in i the th Collective C ll ti B Bargaining i i Agreement and seafarers should be aware of these.

Regulation 2.7

Manning levels

Copy of minimum safe manning document should be displayed on notice board. Master should investigate in case there are repeated violations of rest hours by seafarers on board board. Where repeated violation of rest hours continue to occur despite proper utilization of available manpower, this should be brought to the Att ti of Attention f th the S Superintendent. i t d t
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Regulation 2.8 Career and skill development and opportunities for seafarers employment

This regulations gives direction to member countries to make shipping an attractive career option for new joiners and to develop those already within the industry. No action is required from the ship staff.

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Title 3 - Accommodation, recreational facilities, food and catering

3.1 31A Accommodation d ti and d recreational ti lf facilities iliti 3.2 Food and catering

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Regulation R l ti 3 3.1 1 A Accommodation d ti and d recreational facilities

Accommodation should be in compliance p with the ILO Convention that the ship was built under (ILO c92 or ILO c133) Accommodation must be maintained in good state of repair. Defects must be identified and rectified. All seafarers have the responsibility to do this. Master M t must t carry out t weekly kl inspection i ti of f the th accommodation, d ti recreation facilities and food & catering spaces using Form D-44. Records of this inspection and findings must be properly maintained. maintained List of recreational facilities available on board should be maintained.
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Regulation 3.2 32

Food and catering

Provisions carried should be adequate for the voyage Food should be prepared in hygienic conditions and be nutritious and with variety. Menu cards to be maintained as record. All spaces used for storing provisions and preparation of food to be maintained in clean and hygienic conditions. Cooks to be certified in accordance with Flag State requirements. Catering staff to be trained in food and personal hygiene as well as handling and storage of food. Weekly inspections by Master should check all equipment and spaces used for preparing food and storage and handling of food and drinking water. Defects noted must be rectified without delay.
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Regulation 3.2 32
ENSURE THAT

2011

Food and catering

All food handling g spaces p are clean & hygienic yg All food handling equipment and material is clean and functional Temperatures of cold rooms are less than -18 deg c Temperatures of fridge units are between +1 1 & +5 5 deg c Temperature of galley is appropriate and does not cause undue sweating Food is not left uncovered Raw and cooked food is kept separately All galley equipment is fully functional Provisions are within expiry dates (first in-first out) Stewards are trained in food handling Fresh water tanks are inspected / cleaned as per DMLC Part II Fresh water is tested as per DMLC Part II Fresh water hoses are kept separate & disinfected Cooks do not prepare food if suffering from communicable illness
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Title 4 - Health protection, medical care, welfare and social security protection
4.1 Medical care on board ship and ashore 4.2 4 2 Shipowners Shi li liability bilit 4.3 Health and safety protection and accident prevention 4.4 Access to shore-based welfare facilities 4.5 Social security

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Regulation 4.1 41 ashore

Medical care on board ship and

right to visit a qualified medical doctor or dentist without delay in ports of call call, where practicable should include measures of a preventive character such as health promotion and health education program standard medical report form for use prescribed by Administration on-board hospital and medical care facilities / equipment and training on ships Inspection of medicine chest at intervals not > 12 months by medical officer or pharmacist (refer DMLC Part II) Person with Medicare training is the medical care provider (Master or C/Off) Person with ith first aid training is the first aid pro provider ider (2/Off)

THE SHIP MUST COMPLY WITH THESE REQUIREMENTS

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Regulation 4.2 4 2 Ship-owners Ship owners liability The ship-owners liability in case a sick or injured person has to be signed off or in case of death on board is given in the Collective B Bargaining i i Agreement. A t ALL SEAFARERS MUST BE AWARE OF THEIR ENTITLEMENT.

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Regulation 4.3 43 Health and safety protection and Accident prevention This regulations links MLC to ISM Code and the Safety Management System. All seafarers are responsible for inspecting, reporting and correcting unsafe conditions and for following company standard operating procedures for management of safety. Accidents must be reported and investigated to identify and address the root cause to prevent t recurrence.
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 KNOW YOUR SMS SMS; DEMONSTRATE COMPLIANCE

ENSURE Defects are identified and recorded Unsafe conditions / acts are reported Action taken can prevent recurrence Crew is included in decision making Safety meetings are properly held & recorded Safety inspections are held periodically Stop St & one minute i t hazard h d guide id program i is k known t to all ll and d used PPE is worn properly Training is done properly Information received from company / flag is circulated to all on board & known to joiners
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Regulation 4.4 44

Access to shore-based shore based welfare facilities

This regulation is more relevant to member countries requiring them to provide seafarers with welfare welfare, cultural cultural, recreational and information facilities and services in the ports

Regulation 4 4.5 5 Social security

Member countries shall ensure that all seafarers and, to the extent provided for in its national law, their dependants have access to social security protection no less favorable than that enjoyed by shore workers Nine branches considered for social security are: medical care, sickness benefit, unemployment benefit, old-age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit, survivor benefit At time of ratification, each member country shall ensure three of nine branches are provided by the company to every seafarer
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Title 5 - Compliance And Enforcement

Regulation 5.1 Regulation 5 5.2 2 Regulation 5.3 Flag State responsibilities Port State responsibilities Labour-supplying responsibilities

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Title 5. 5 Compliance And Enforcement Regulation 5.1

Flag State responsibilities

Implement an effective system for the inspection and certification of maritime labour conditions Authorize recognized organizations to carry out inspections or to issue certificates or to do both Require all ships to have a copy of the convention on board Ensure following ships carry MLC, complemented by a DMLC Consult representatives of ship-owners, seafarers and their respective organizations at regular intervals to ensure objective of convention is met Require shipowners to have a complaint handling procedure
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On-board Complaint Handling

AESM COMPLAINT PROCEDURE IS DEFINED IN SHIPBOARD PROCEDURE MANUAL (SBP 19.4) All seafarers must be familiar with this procedure
All seafarers shall be provided with a copy of the procedure. A copy py should be p posted on the notice board. Complaints shall be resolved at the lowest level possible. Seafarers have the right to complain directly to the master and, and where they consider it necessary, to appropriate external authorities

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52 5.2

Port State responsibilities

Every foreign ship may be the subject of inspection by Port State The inspection shall, except in the circumstances specified in the Code, be limited to a review of the maritime labour certificate and DMLC Detailed inspection may be carried out if:
the MLC or DMLC are not produced or maintained or are falsely maintained there are clear grounds for believing that the working and living conditions on the ship do not conform to the requirements of this Convention there are reasonable grounds to believe that the ship has changed flag for the purpose of avoiding compliance with this Convention there is a complaint alleging that specific working and living conditions on the ship do not conform to the requirements of this Convention

As a result of a detailed inspection, vessel may be detained if found not complying with the requirements
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Regulation 5.3

Labour-supplying responsibilities

Member countries shall enforce requirements of the Convention to Seafarer Recruitment and placement services through a system of inspection and Monitoring and legal proceedings for breaches of licensing or other operational requirements

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Please complete the MARITIME LABOUR CONVENTION 2006 COURSE in COMPETENCY MANAGEMENT SYSTEM when h on l leave next t

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