MARITIME

LABOUR
CONVENTION
(MLC) 2006
as amended

a. Lourisa Loren C. de Guzman-Tumpang

1
February 2017
 MARITIME LABOUR CONVENTION (MLC) 2006,
AS AMENDED
What is the MLC?
Seafarers Bill of Rights
Promote decent condition of work for seafarers
because seafarers need special protection
Promotes fair competition among shipowners
Who are covered by the MLC?
All merchant ships, 500 gross tonnage (GT) or
more, except fishing vessels, ships of traditional
built such as dhows, junks, warships and naval
auxiliaries
a. Lourisa Loren C. de Guzman-Tumpang
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February 2017
STRUCTURE OF MLC 2006

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

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 TITLE 1: MINIMUM REQUIREMENTS FOR
SEAFARERS
TO WORK 1.1
Regulation ON A
- SHIP
Minimum age
to ensure that no under-age persons work on a ship
16 years old
If below 18 years old, night work and work that may
jeopardize health and safety is prohibited
Restriction may be made if:
the effective training of the seafarers concerned, in accordance
with established programs and schedules, would be impaired; or
the specific nature of the duty or a recognized training program
requires that the seafarers covered by the exception perform
duties at night and the authority determines, after
consultation with the shipowners and seafarers organizations
concerned, that the work will not be detrimental to their health
a. Lourisa Loren
orC.well-being.
de Guzman-Tumpang
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February 2017
 TITLE 1: MINIMUM REQUIREMENTS FOR
SEAFARERS
TO WORK ON A SHIP
Regulation 1.2 Medical Certificate
to ensure that all seafarers are medically fit to perform
their duties at sea
Medical certificate shall state that:
Seafarers hearing, sight and color vision are all satisfactory
Seafarer is not suffering from medical condition likely to be
aggravated by service at sea, to render the seafarer unfit for
such service or to endanger the health of other persons
onboard
Regulation 1.3 Training and Qualifications
to ensure that all seafarers are trained or qualified to
carry out their duties on board ship
Loren
a. Lourisa Seafarers shall be
C. de Guzman-Tumpang trained or certified as competent, or
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February 2017
 TITLE 1: MINIMUM REQUIREMENTS FOR
SEAFARERS
TO WORK ON A SHIP
Regulation 1.4 Recruitment and Placement
to ensure that all seafarers have access to an efficient
and well-regulated seafarer recruitment and placement
system
Black list is prohibited
Grievance Procedure
Regulation 2.1 Seafarers Employment
Agreements
to ensure that all seafarers have a fair employment
agreement
Seafarer should have an opportunity to review and seek
advice
a. Lourisa Loren on the terms and conditions in the contract and
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freely accepts them before signing
February 2017
 TITLE 2: CONDITIONS OF EMPLOYMENT
Regulation 2.2 Wages
to ensure that all seafarers are paid for their services
Payment intervals shall not be greater than 1 month
Shipowners shall provide seafarers means to transmit
their earnings to their families
Regulation 2.3 Hours of Work and Hours of
Rest
to ensure that all seafarers have regulated hours or
work or hours of rest
Hours of work 8 hours per day, max of 14 hours in a 24
hours period; 72 hours in 7 days
Hours of rest may be divided into 2 periods, one shall be
at least
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February 2017
 TITLE 2: CONDITIONS OF EMPLOYMENT
Regulation 2.4 Entitlement to Leave
to ensure that all seafarers have adequate leave
Paid annual leave of 2.5 calendar days per month
Shore leave
Regulation 2.5.1 Repatriation
to ensure that all seafarers are able to return home
Repatriation at no cost to seafarer
Entitlement to Repatriation
Expiration of seafarers employment agreement
Termination of seafarers employment agreement by shipowner
or by seafarer for justified reasons
Disability
Maximum service onboard is 12 months
a. Lourisa Loren C. de Guzman-Tumpang
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February 2017
 TITLE 2: CONDITIONS OF EMPLOYMENT
Regulation 2.5.2 Financial Security
to ensure the provision of an expeditious and effective
financial security system to assist seafarers in the event
of their abandonment
Fails to cover the cost of repatriation
Seafarer is left without necessary maintenance or
support
Unilaterally severed ties with the seafarer including
failure to pay contractual wages for at least two (2)
months
Financial security system shall provide direct access,
sufficient coverage and expedited financial assistance to
any abandoned seafarer
Outstanding
a. Lourisa Loren wages
C. de Guzman-Tumpang and other entitlements stipulated in the
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February 2017
 TITLE 2: CONDITIONS OF EMPLOYMENT

Regulation 2.6 Seafarer compensation for

ships loss or foundering
to ensure that all seafarers are compensated when a
ship is lost or has foundered
Compensation for injury, loss or unemployment

Regulation 2.7 Manning Levels

to ensure that all seafarers work on board ships with
sufficient personnel for the safe, efficient and secure
operation of the ship
Ship should be manned by crew which is adequate, in
terms of size and qualifications
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February 2017
 TITLE 2: CONDITIONS OF EMPLOYMENT

Regulation 2.8 Career and Skill Development

and Opportunities for Seafarers
Employment
to promote career and skill development and
employment opportunities for seafarers
National policies that encourage career and skills
development and employment opportunities for
seafarers

a. Lourisa Loren C. de Guzman-Tumpang

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February 2017
 TITLE 3: ACCOMMODATION, RECREATIONAL
FACILITIES, FOOD AND CATERING
Regulation 3.1 Accommodation and
Recreational Facilities
to ensure that seafarers have decent accommodation
and recreational facilities on board
At least 203 cm. headroom
Sleeping room for each seafarer
Sufficient heating and ventilation
Noise vibration and other ambient factors
Sanitary facilities
Lighting
Hospital accommodation for ships carrying at least 15
crew members and engaged in a voyage of more than 3
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days duration
February 2017
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 TITLE 3: ACCOMMODATION, RECREATIONAL
FACILITIES, FOOD AND CATERING
Regulation 3.2 Food and Catering
to ensure that seafarers have access to good quality
food and drinking water provided under regulated
hygienic conditions
Things to consider when supplying food and drinking
water
Number of crew
Religious requirements/cultural practices
Duration and nature of voyage
Ships Cook shall be trained, qualified and competent
Master shall conduct inspections with respect to
Supplies of food and drinking water
Spaces and equipment used for the storage and handling of
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February 2017
food and drinking water 13
 TITLE 4: HEALTH PROTECTION, MEDICAL
CARE, WELFARE AND
SOCIAL SECURITY4.2
Regulation PROTECTION
ShipownersLiability
to ensure that seafarers are protected from the financial
consequences of sickness, injury or death occurring in
connection with their employment
Liability of shipowners to bear the cost for seafarers in
respect of sickness and injury during or arising from
engangement
Financial security to assure compensation in the event of
death or long-term disability due to occupational injury,
illness or hazard
If full compensation is difficult to assess because of long-
term disability, seafarer may be entitled to interim
payment
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February 2017
 TITLE 4: HEALTH PROTECTION, MEDICAL
CARE, WELFARE AND
SOCIAL SECURITY PROTECTION
Regulation 4.1 Medical Care on Board Ship
and Ashore
to protect the health of seafarers and ensure their
prompt access to medical care on board ship and ashore
Access to prompt and adequate medical care,
comparable to workers ashore, at no cost to seafarer
Medical chest, medical equipment and medical guide
onboard
Medical Care (MECA) and Medical First Aid (MEFA)
Provision of medical advice through radio or satellite
communication shall be free of charge
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February 2017
 TITLE 4: HEALTH PROTECTION, MEDICAL
CARE, WELFARE AND
SOCIAL SECURITY PROTECTION
Regulation 4.3 Health and Safety Protection
and Accident Prevention
to ensure that seafarers work environment on board
ships promotes occupational safety and health
Effective implementation and promotion of occupational
safety and health policies and programs, including risk
evaluation
Reasonable precaution to prevent occupational
accidents, injuries and disease onboard
Inspection, reporting, investigation and correction of
unsafe conditions

a. Lourisa Loren C. de Guzman-Tumpang
Safety Committee
February 2017
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 TITLE 4: HEALTH PROTECTION, MEDICAL
CARE, WELFARE AND
SOCIAL SECURITY4.4
Regulation PROTECTION
Access to Shore-based Welfare
Facilities
to ensure that seafarers working on board a ship have
access to shore-based facilities and services to secure
their health and well-being
Availability of welfare facilities for seafarers regardless of
nationality, race, color, gender, religion, political opinion
Welfare boards
Regulation 4.5 Social Security
to ensure that measures are taken with a view to
providing seafarers with access to social security
protection
a. Lourisa Loren C. de Guzman-Tumpang
Social security for
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 TITLE 5: COMPLIANCE AND ENFORCEMENT

Specify each members responsibility to fully

implement and enforce the principles and
rights set out in the Articles of MLC
Substantial equivalence/compliance do not
apply
Seafarers and shipowners are equal and
entitled to equal protection of the law and shall
not be subject to discrimination
Do not determine legal jurisdiction or legal
venue
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February 2017
 TITLE 5: COMPLIANCE AND ENFORCEMENT

Regulation 5.1 Flag State Responsibilities

to ensure each member implements its responsibilities
under MLC with respect to ships that fly its flag
5.1.1 - General Principles
responsible for ensuring implementation
establishment of effective system for inspection and
certification
authorization of registered organization
Maritime Labour Certificate and Declaration of Maritime Labour
Compliance certificates as proof of compliance
reports to International Labour Organization (ILO) with regard to
system of inspection and certification including methods used
to assess its effectiveness
copy of MLC shall be available onboard
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February 2017
 TITLE 5: COMPLIANCE AND ENFORCEMENT

5.1.2 Authorization of Recognized Organizations

Competent and independent
Authorization shall be reported to ILO
Recognized Organizations shall
have necessary expertise and knowledge
have ability to update expertise of personnel
have necessary knowledge of the requirements of MLC and
national laws and international instruments
be of appropriate size, structure, experience and capability to
cope with authorization

a. Lourisa Loren C. de Guzman-Tumpang

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February 2017
 TITLE 5: COMPLIANCE AND ENFORCEMENT

5.1.3 Maritime Labour Certificate and Declaration

of Maritime Labour Compliance
Ships 500 GT or over
Five (5) years validity
Intermediate inspection
May be issued on a interim basis
New buildings
Ship changes flag
Change of ownership
Interim maritime labour certificate is only valid for up to six (6)
months
Copy to be posted onboard

a. Lourisa Loren C. de Guzman-Tumpang

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February 2017
 TITLE 5: COMPLIANCE AND ENFORCEMENT

5.1.4 Inspection and Enforcement

Flag state shall verify compliance of ships
System of inspections by sufficient number of inspectors
Inspectors shall be independent, qualified and competent
Intervals of inspection shall not exceed three (3) years
Inspectors shall be empowered to
Board a ship which flies the Member;s flag
Carry out necessary examination or inquiry
Require any deficiency to be carried out or detain a ship if
deficiency constitutes a serious breach of the requirements of
MLC or represent significant danger to seafarers safety, health
and security

a. Lourisa Loren C. de Guzman-Tumpang

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February 2017
 TITLE 5: COMPLIANCE AND ENFORCEMENT
5.1.5 On-board Complaint Procedure
Fair, effective and expeditious handling of seafarer complaints
Right to complain directly to the Master or to appropriate
external parties
Right to be represented and/or accompanied
Seafarer shall be provided with a copy of the on-board
complaint procedure, contact information of competent
authority of the Flag state and seafarers country of residence
Person onboard who can be contacted on a confidential basis

5.1.6 Marine Casualties

Flag state shall hold an official inquiry into any serious marine
casualty leading to injury or loss of life
Final report of inquiry shall be made public
Members shall cooperate with each other to facilitate the
a. Lourisa Loreninvestigation
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February 2017
 TITLE 5: COMPLIANCE AND ENFORCEMENT

Regulation 5.2 Port State Responsibilities

to enable each Member to implement its responsibilities
under this Convention regarding international
cooperation in the implementation and enforcement of
the Convention standards on foreign ships
5.2.1 Inspection in Ports
Compliance to MLC in foreign ports is subject to Port State
inspection
Maritime Labour Certificate and Declaration of Maritime Labour
Compliance certificates shall be honored as proof of compliance
If inspection is based on a complaint, inspection shall generally
be within the scope of the complaint, although it may provide
clear grounds for more detailed inspection
Undue
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February 2017damage
 TITLE 5: COMPLIANCE AND ENFORCEMENT

5.2.2 Onshore Seafarer Compliant-Handling

Procedures
Seafarers have the right to file a complaint in a foreign port
during the vessels call
Resolution of the complaint at ship-board level

Regulation 5.2 Labour-Supplying

Responsibilities
to ensure that each Member implements its
responsibilities under this Convention as pertaining to
seafarer recruitment and placement and the social
protection of its seafarers
responsibility to ensure the implementation of tMLC
regarding
a. Lourisa Loren the recruitment and placement of seafarers as
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February 2017
 THANK YOU

a. Lourisa Loren C. de Guzman-Tumpang

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February 2017