SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

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obligations. They are followed by the more detailed Regulations and Code (with two parts:Parts A and B) provisions. The Regulations and the Standards (Part A) and Guidelines(Part B) in the Code are set out in five Titles, which essentially cover the same subjectmatter [see A6. What are the subjects of the “Titles”?] as the existing 37 maritime labourConventions and associated Recommendations, updating them where necessary. There area few new subjects, particularly in the area of occupational safety and health to meetcontemporary concerns, such as the effects of noise and vibration on workers or otherworkplace risks, but in general the Convention aims at maintaining the standards in thecurrent instruments at their present level, while leaving each country greater discretion inthe formulation of their national laws establishing that level of protection. The provisionsrelating to flag State inspection, including the use of “recognized organizations” buildsupon the existing ILO maritime labour inspection Convention (No. 178). The potential forinspections in foreign ports (port State control) in Title 5 is based on existing maritimeConventions, in particular Convention No. 147 – the Merchant Shipping (MinimumStandards) Convention, 1976 and the Conventions adopted by the International MaritimeOrganization (IMO) and the regional port State control agreements (PSC MOU). However,the MLC, 2006 builds upon them to develop a more effective approach to these importantissues, consistent with other international maritime Conventions that establish standardsfor quality shipping with respect to issues such as ship safety and security and protection ofthe marine environment. One of the most innovative aspects of the MLC, 2006, as far asILO Conventions are concerned, is the certification of seafarers’ living and workingconditions on board ships.A6. What are the subjects of the “Titles”?The Regulations of the MLC, 2006 and the Standards (Part A) and Guidelines(Part B) in its Code are integrated and organized into general areas of concern underfive Titles:Title 1:Title 2:Title 3:Title 4:Title 5:Minimum requirements for seafarers to work on a shipConditions of employmentAccommodation, recreational facilities, food and cateringHealth protection, medical care, welfare and social security protectionCompliance and enforcementA7. Does the MLC, 2006 directly apply to shipowners, ships and seafarers?The MLC, 2006 is an international legal instrument and does not, therefore, applydirectly to shipowners, ships or seafarers. Instead like all international law, it relies onimplementation by countries through their national laws or other measures [see A.8 Whatmeasures must a country take to ensure that the MLC, 2006 is properly applied?]. Thenational law or other measures would then apply to shipowners, seafarers and ships. TheMLC, 2006 sets out the minimum standards that must be implemented by all countries thatratify it. These standards must be reflected in the national standards or requirements andare subject to the usual oversight role taken by the Committee of Experts under the ILOFAQ 5
supervisory system (a system established under the Constitution of the ILO) (ILOsupervisory system). 9A8. What measures must a country take to ensure that the MLC, 2006 is properlyapplied?Article IV, paragraph 5 of the MLC, 2006 provides that implementation of theseafarers’ employment and social rights under the Convention may be achieved throughnational laws or regulations, through applicable collective bargaining agreements orthrough other measures or in practice, unless the Convention specifies otherwise by, forexample, requiring countries to adopt national laws and regulations to implement certainprovisions of the Convention.Thus, each country is free to decide whether a particular MLC, 2006 provision shouldbe contained in a law (such as an Act of Parliament or a Congress) or in a regulation orother subsidiary legislation, such as administrative orders or official marine notices. Or, acountry may decide – in cases where the MLC, 2006 does not specifically requirelegislation – that certain matters could be dealt with better through other legal measures orthrough collective bargaining agreements. Or perhaps, where an MLC, 2006 provisionessentially relates to action to be taken by the governments themselves, through internaladministrative instructions. In some cases, a country might decide that no further legalmeasures need to be devised because, for example, a seafarer’s rights under theMLC, 2006 is already adequately covered by the general law applied by the nationalcourts.A9. What is the Code of the MLC, 2006?The MLC, 2006 is organized into three main parts: the Articles, coming first, set outthe broad principles and obligations. The Articles are followed by the Regulations and theCode, which relate to the areas of seafarers’ working and living conditions covered by theConvention and to inspection and compliance. The Regulations, which are written invery general terms, are complemented by the more detailed Code. The Code hastwo parts: Part A contains Standards and Part B Guidelines. The provisions in theRegulations and the Standards (Part A) and Guidelines (Part B) in the Code havebeen vertically integrated in the Convention: in other words, they have beenarranged and linked together according to their subject matter: thus each of theTitles in the MLC, 2006 [see A6. What are the subjects of the “Titles”?] consists ofvarious Regulations covering a particular aspect of the subject, each Regulationbeing followed first by the Part A Standards and then by the Part B Guidelines thatrelate to the same aspect.A10. What is the difference between Articles, Regulations, Standards andGuidelines?All the provisions of the MLC, 2006, whatever their name, must be complied with byratifying countries or, in the case of its Guidelines, taken into consideration by them [seeA12. What is the status of the Guidelines in Part B of the Code?]. The main differencebetween these provisions is that the Articles contain more general statements of principles,9 See all about ILO supervisory system on Section “How the ILO works” at: www.ilo.org.6 FAQ
Page 8: C5.1. Flag State responsibilities .
Page 11 and 12: the Convention regarding the need f
Page 13: oard ships but are not directly inv
Page 18 and 19: A16. How does the MLC, 2006 make it
Page 20 and 21: A19. What will happen to the mariti
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Page 27 and 28: authority?] as qualified to issue s
Page 29 and 30: C1.3.b. Does this training requirem
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Page 33 and 34: equirements for upgrading or promot
Page 35 and 36: C2.3.h. Do the hour of rest and hou
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Page 39 and 40: y berths and lockers, chests of dra
Page 41 and 42: C4.1.b. Must every ship have a ship
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Page 45 and 46: (b) facilities for sports and outdo
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Page 51 and 52: provisions of Regulation 5.1.3 and
Page 53 and 54: C5.1.o. What is the period of valid
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Page 59 and 60: certificate and DMLC should be the
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INTERNATIONAL LABOUR CONFERENCECont
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Maritime Labour Convention, 2006MAR
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Maritime Labour Convention, 2006(b)
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Maritime Labour Convention, 20062.
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Maritime Labour Convention, 2006Pla
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Maritime Labour Convention, 20062.
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Explanatory note to the Regulations
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Minimum requirements for seafarers
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Conditions of employmentTITLE 2. CO
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Conditions of employmentGuideline B
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Conditions of employment3. National
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Conditions of employment(a) hours o
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Conditions of employment4. Paragrap
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Conditions of employmentRegulation
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Conditions of employment(b) accommo
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Conditions of employmentciently and
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Accommodation, recreational facilit
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Health protection, medical care, we
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TITLE 5. COMPLIANCE AND ENFORCEMENT
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Compliance and enforcement(a) has t
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Compliance and enforcement7. Detail
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Compliance and enforcement14. A cer
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Compliance and enforcement5. If a M
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Compliance and enforcement(a) the i
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Compliance and enforcementGuideline
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Compliance and enforcement(c)(d)the
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Compliance and enforcementStandard
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APPENDIX A5-IThe working and living
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Appendix A5-IIThis is to certify:1.
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Appendix A5-IIMaritime Labour Conve
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Appendix A5-IISignature: ..........
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Appendix A5-IIThis Certificate is v
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APPENDIX B5-I - EXAMPLE OF A NATION
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Appendix B5-IDeclaration of Maritim
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SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

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