SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

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Maritime Labour Convention, 20062. Each Member shall effectively exercise its jurisdiction and control over shipsthat fly its flag by establishing a system for ensuring compliance with the requirementsof this Convention, including regular inspections, reporting, monitoring and legal proceedingsunder the applicable laws.3. Each Member shall ensure that ships that fly its flag carry a maritime labourcertificate and a declaration of maritime labour compliance as required by thisConvention.4. A ship to which this Convention applies may, in accordance with internationallaw, be inspected by a Member other than the flag State, when the ship is inone of its ports, to determine whether the ship is in compliance with the requirementsof this Convention.5. Each Member shall effectively exercise its jurisdiction and control over seafarerrecruitment and placement services, if these are established in its territory.6. Each Member shall prohibit violations of the requirements of this Conventionand shall, in accordance with international law, establish sanctions or require theadoption of corrective measures under its laws which are adequate to discourage suchviolations.7. Each Member shall implement its responsibilities under this Convention insuch a way as to ensure that the ships that fly the flag of any State that has not ratifiedthis Convention do not receive more favourable treatment than the ships that fly theflag of any State that has ratified it.REGULATIONS AND PARTS A AND B OF THE CODEArticle VI1. The Regulations and the provisions of Part A of the Code are mandatory.The provisions of Part B of the Code are not mandatory.2. Each Member undertakes to respect the rights and principles set out in theRegulations and to implement each Regulation in the manner set out in the correspondingprovisions of Part A of the Code. In addition, the Member shall give dueconsideration to implementing its responsibilities in the manner provided for in Part Bof the Code.3. A Member which is not in a position to implement the rights and principlesin the manner set out in Part A of the Code may, unless expressly provided otherwisein this Convention, implement Part A through provisions in its laws and regulations orother measures which are substantially equivalent to the provisions of Part A.4. For the sole purpose of paragraph 3 of this Article, any law, regulation, collectiveagreement or other implementing measure shall be considered to be substantiallyequivalent, in the context of this Convention, if the Member satisfies itselfthat:(a) it is conducive to the full achievement of the general object and purpose of theprovision or provisions of Part A of the Code concerned; and(b) it gives effect to the provision or provisions of Part A of the Code concerned.5
Maritime Labour Convention, 2006CONSULTATION WITH SHIPOWNERS’ AND SEAFARERS’ ORGANIZATIONSArticle VIIAny derogation, exemption or other flexible application of this Convention forwhich the Convention requires consultation with shipowners’ and seafarers’ organizationsmay, in cases where representative organizations of shipowners or of seafarers donot exist within a Member, only be decided by that Member through consultation withthe Committee referred to in Article XIII.ENTRY INTO FORCEArticle VIII1. The formal ratifications of this Convention shall be communicated to theDirector-General of the International Labour Office for registration.2. This Convention shall be binding only upon those Members of the InternationalLabour Organization whose ratifications have been registered by the Director-General.3. This Convention shall come into force 12 months after the date on whichthere have been registered ratifications by at least 30 Members with a total share in theworld gross tonnage of ships of 33 per cent.4. Thereafter, this Convention shall come into force for any Member 12 monthsafter the date on which its ratification has been registered.DENUNCIATIONArticle IX1. A Member which has ratified this Convention may denounce it after the expirationof ten years from the date on which the Convention first comes into force, byan act communicated to the Director-General of the International Labour Office forregistration. Such denunciation shall not take effect until one year after the date onwhich it is registered.2. Each Member which does not, within the year following the expiration of theperiod of ten years mentioned in paragraph 1 of this Article, exercise the right ofdenunciation provided for in this Article, shall be bound for another period of tenyears and, thereafter, may denounce this Convention at the expiration of each newperiod of ten years under the terms provided for in this Article.EFFECT OF ENTRY INTO FORCEArticle XThis Convention revises the following Conventions:Minimum Age (Sea) Convention, 1920 (No. 7)Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8)6
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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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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
Page 37 and 38: C3. Title 3 Accommodation, recreati
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 59 and 60: certificate and DMLC should be the
Page 61 and 62: C5.2.q. Are complaints confidential
Page 64 and 65: INTERNATIONAL LABOUR CONFERENCECont
Page 66 and 67: Maritime Labour Convention, 2006MAR
Page 68 and 69: Maritime Labour Convention, 2006(b)
Page 72 and 73: Maritime Labour Convention, 2006Pla
Page 74: Maritime Labour Convention, 20062.
Page 78: Explanatory note to the Regulations
Page 82 and 83: Minimum requirements for seafarers
Page 90 and 91: Conditions of employmentTITLE 2. CO
Page 92 and 93: 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
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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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