SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

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Compliance and enforcement14. A certificate issued under paragraph 1 or 5 of this Standard shall cease to bevalid in any of the following cases:(a) if the relevant inspections are not completed within the periods specified underparagraph 2 of this Standard;(b) if the certificate is not endorsed in accordance with paragraph 2 of this Standard;(c) when a ship changes flag;(d) when a shipowner ceases to assume the responsibility for the operation of a ship;and(e) when substantial changes have been made to the structure or equipment coveredin Title 3.15. In the case referred to in paragraph 14(c), (d) or (e) of this Standard, a newcertificate shall only be issued when the competent authority or recognized organizationissuing the new certificate is fully satisfied that the ship is in compliance with therequirements of this Standard.16. A maritime labour certificate shall be withdrawn by the competent authorityor the recognized organization duly authorized for this purpose by the flag State, ifthere is evidence that the ship concerned does not comply with the requirements of thisConvention and any required corrective action has not been taken.17. When considering whether a maritime labour certificate should be withdrawnin accordance with paragraph 16 of this Standard, the competent authority orthe recognized organization shall take into account the seriousness or the frequency ofthe deficiencies.Guideline B5.1.3 – Maritime labour certificate and declaration of maritime labourcompliance1. The statement of national requirements in Part I of the declaration of maritimelabour compliance should include or be accompanied by references to the legislativeprovisions relating to seafarers’ working and living conditions in each of the matterslisted in Appendix A5-I. Where national legislation precisely follows therequirements stated in this Convention, a reference may be all that is necessary. Wherea provision of the Convention is implemented through substantial equivalence as providedunder Article VI, paragraph 3, this provision should be identified and a conciseexplanation should be provided. Where an exemption is granted by the competentauthority as provided in Title 3, the particular provision or provisions concerned shouldbe clearly indicated.2. The measures referred to in Part II of the declaration of maritime labourcompliance, drawn up by the shipowner, should, in particular, indicate the occasionson which ongoing compliance with particular national requirements will be verified,the persons responsible for verification, the records to be taken, as well as the proceduresto be followed where non-compliance is noted. Part II may take a number offorms. It could make reference to other more comprehensive documentation coveringpolicies and procedures relating to other aspects of the maritime sector, for exampledocuments required by the International Safety Management (ISM) Code or the informationrequired by Regulation 5 of the SOLAS Convention, Chapter XI-1 relating tothe ship’s Continuous Synopsis Record.3. The measures to ensure ongoing compliance should include general internationalrequirements for the shipowner and master to keep themselves informed of the79
Maritime Labour Convention, 2006latest advances in technology and scientific findings concerning workplace design, takinginto account the inherent dangers of seafarers’ work, and to inform the seafarers’ representativesaccordingly, thereby guaranteeing a better level of protection of the seafarers’working and living conditions on board.4. The declaration of maritime labour compliance should, above all, be draftedin clear terms designed to help all persons concerned, such as flag State inspectors,authorized officers in port States and seafarers, to check that the requirements are beingproperly implemented.5. An example of the kind of information that might be contained in a declarationof maritime labour compliance is given in Appendix B5-I.6. When a ship changes flag as referred to in Standard A5.1.3, paragraph 14(c),and where both States concerned have ratified this Convention, the Member whoseflag the ship was formerly entitled to fly should, as soon as possible, transmit to thecompetent authority of the other Member copies of the maritime labour certificate andthe declaration of maritime labour compliance carried by the ship before the changeof flag and, if applicable, copies of the relevant inspection reports if the competentauthority so requests within three months after the change of flag has taken place.Regulation 5.1.4 – Inspection and enforcement1. Each Member shall verify, through an effective and coordinated system ofregular inspections, monitoring and other control measures, that ships that fly its flagcomply with the requirements of this Convention as implemented in national laws andregulations.2. Detailed requirements regarding the inspection and enforcement system referredto in paragraph 1 of this Regulation are set out in Part A of the Code.Standard A5.1.4 – Inspection and enforcement1. Each Member shall maintain a system of inspection of the conditions for seafarerson ships that fly its flag which shall include verification that the measures relatingto working and living conditions as set out in the declaration of maritime labourcompliance, where applicable, are being followed, and that the requirements of thisConvention are met.2. The competent authority shall appoint a sufficient number of qualified inspectorsto fulfil its responsibilities under paragraph 1 of this Standard. Where recognizedorganizations have been authorized to carry out inspections, the Member shallrequire that personnel carrying out the inspection are qualified to undertake theseduties and shall provide them with the necessary legal authority to perform theirduties.3. Adequate provision shall be made to ensure that the inspectors have thetraining, competence, terms of reference, powers, status and independence necessaryor desirable so as to enable them to carry out the verification and ensure the compliancereferred to in paragraph 1 of this Standard.4. Inspections shall take place at the intervals required by Standard A5.1.3,where applicable. The interval shall in no case exceed three years.80
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C5.1. Flag State responsibilities .
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the Convention regarding the need f
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oard ships but are not directly inv
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supervisory system (a system establ
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A16. How does the MLC, 2006 make it
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A19. What will happen to the mariti
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B. Questions about the workers andt
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authority?] as qualified to issue s
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C1.3.b. Does this training requirem
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It may be useful to also consider t
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equirements for upgrading or promot
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C2.3.h. Do the hour of rest and hou
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C3. Title 3 Accommodation, recreati
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y berths and lockers, chests of dra
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C4.1.b. Must every ship have a ship
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• the cost of safeguarding the pr
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(b) facilities for sports and outdo
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• Sickness benefit• Unemploymen
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agreed upon international standards
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provisions of Regulation 5.1.3 and
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C5.1.o. What is the period of valid
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(b)(c)to carry out any examination,
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prevents ships being delayed by unn
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certificate and DMLC should be the
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C5.2.q. Are complaints confidential
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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
Page 94 and 95: Conditions of employment3. National
Page 96 and 97: Conditions of employment(a) hours o
Page 98 and 99: Conditions of employment4. Paragrap
Page 100 and 101: Conditions of employmentRegulation
Page 102 and 103: Conditions of employment(b) accommo
Page 104 and 105: Conditions of employmentciently and
Page 106 and 107: Accommodation, recreational facilit
Page 120 and 121: Health protection, medical care, we
Page 138 and 139: TITLE 5. COMPLIANCE AND ENFORCEMENT
Page 140 and 141: Compliance and enforcement(a) has t
Page 142 and 143: Compliance and enforcement7. Detail
Page 146 and 147: Compliance and enforcement5. If a M
Page 148 and 149: Compliance and enforcement(a) the i
Page 150 and 151: Compliance and enforcementGuideline
Page 152 and 153: Compliance and enforcement(c)(d)the
Page 154 and 155: Compliance and enforcementStandard
Page 156 and 157: APPENDIX A5-IThe working and living
Page 158 and 159: Appendix A5-IIThis is to certify:1.
Page 160 and 161: Appendix A5-IIMaritime Labour Conve
Page 162 and 163: Appendix A5-IISignature: ..........
Page 166 and 167: Appendix A5-IIThis Certificate is v
Page 168 and 169: APPENDIX B5-I - EXAMPLE OF A NATION
Page 170: Appendix B5-IDeclaration of Maritim
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SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

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