SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

(b) at least ten hours in any 24-hour period; and 77 hours in any seven-day period; if thebasis chosen by the country is minimum hours of rest.Hours of rest may be divided into no more than two periods, one of which must be atleast six hours in length, and the interval between consecutive periods of rest must notexceed 14 hours.C2.3.c. What is meant by “any 24-hour period”?Standard A2.3, paragraph (b), for example, provides that hours of rest must not beless than 10 hours “in any 24-hour period”. Thus, any 24-hour period – starting at anymoment during a day – must comprise at least ten hours of rest.C2.3.d. Does the choice between hours of work and hours of rest lead to any different result inpractice?Paragraph 5(a)(i) of Standard A2.3, sets a maximum limit on work of 14 hours in any24-hour period, which results in 10 hours of rest (24-14=10), corresponds to the minimum10 hours of rest required by paragraph 5(b)(i) of the Standard. However, paragraph 5(a)(ii),which sets a maximum limit on work of 72 hours in any 7-day period, results in 96(7x24-72=96) hours of rest, whereas the minimum hours of rest in any 7-day periodrequired by paragraph 5(b)(ii) of the Standard is set at only 77. The provisions inparagraphs 5(a) and 5(b) of Standard A2.3 are not new, but reproduce the text of theSeafarers' Hours of Work and the Manning of Ships Convention, 1996 (No. 180). Duringthe preparation of the MLC, 2006, it was recalled that agreement on the variousrequirements in Convention No. 180 had been achieved only after protracted discussions,and it was decided that it would not be in the interest of the constituents to reopen thenegotiations on any provisions agreed in 1996.C2.3.e. Are there any exceptions to the hours of rest or work standards?Standard A2.3, paragraph 13 of the MLC, 2006 allows flag States to have nationallaws or regulations or a procedure for the competent authority to authorize or registercollective agreements permitting exceptions to the limits on maximum hours of work orminimum hours of rest referred to in paragraphs 5 and 6 of the Standard [see C2.3.b. Whatare the standards for minimum hours of rest and maximum hours of work?]. Theseexceptions must therefore be provided for in a registered or authorized collectiveagreement. They must also follow the limits set out in Standard A2.3 “as far aspossible”.C2.3.f. How does Regulation 2.3 relate to the STCW requirements?With the adoption by the International Maritime Organization of the 2010 “Manilaamendments” to the STCW, the wording in both the MLC, 2006 and the STCW onminimum hours of rest is very similar, other than the provisions in each regarding possibleexceptions. Flag States that ratify the MLC, 2006 and are also bound by the 2010 STCWamendments could approve arrangements in this connection which would be consistentwith the requirements of both Conventions.C2.3.g. Do the minimum hours of rest/maximum hours of work requirements apply to ships’masters?Ships’ masters are seafarers and, as such, the requirements in Regulation 2.3 andStandard A2.3 also apply to them.FAQ 25