SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

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Minimum requirements for seafarers to work on a ship8. In urgent cases the competent authority may permit a seafarer to work withouta valid medical certificate until the next port of call where the seafarer can obtaina medical certificate from a qualified medical practitioner, provided that:(a) the period of such permission does not exceed three months; and(b) the seafarer concerned is in possession of an expired medical certificate of recentdate.9. If the period of validity of a certificate expires in the course of a voyage, thecertificate shall continue in force until the next port of call where the seafarer canobtain a medical certificate from a qualified medical practitioner, provided that theperiod shall not exceed three months.10. The medical certificates for seafers working on ships ordinarily engaged oninternational voyages must as a minimum be provided in English.Guideline B1.2.1 – International guidelinesGuideline B1.2 – Medical certificate1. The competent authority, medical practitioners, examiners, shipowners, seafarers’representatives and all other persons concerned with the conduct of medical fitnessexaminations of seafarer candidates and serving seafarers should follow the ILO/WHO Guidelines for Conducting Pre-sea and Periodic Medical Fitness Examinationsfor Seafarers, including any subsequent versions, and any other applicable internationalguidelines published by the International Labour Organization, the International MaritimeOrganization or the World Health Organization.Regulation 1.3 – Training and qualificationsPurpose: To ensure that seafarers are trained or qualified to carry outtheir duties on board ship1. Seafarers shall not work on a ship unless they are trained or certified as competentor otherwise qualified to perform their duties.2. Seafarers shall not be permitted to work on a ship unless they have successfullycompleted training for personal safety on board ship.3. Training and certification in accordance with the mandatory instrumentsadopted by the International Maritime Organization shall be considered as meetingthe requirements of paragraphs 1 and 2 of this Regulation.4. Any Member which, at the time of its ratification of this Convention, wasbound by the Certification of Able Seamen Convention, 1946 (No. 74), shall continueto carry out the obligations under that Convention unless and until mandatory provisionscovering its subject matter have been adopted by the International MaritimeOrganization and entered into force, or until five years have elapsed since the entryinto force of this Convention in accordance with paragraph 3 of Article VIII, whicheverdate is earlier.19
Maritime Labour Convention, 2006Regulation 1.4 – Recruitment and placementPurpose: To ensure that seafarers have access to an efficient and well-regulatedseafarer recruitment and placement system1. All seafarers shall have access to an efficient, adequate and accountable systemfor finding employment on board ship without charge to the seafarer.2. Seafarer recruitment and placement services operating in a Member’s territoryshall conform to the standards set out in the Code.3. Each Member shall require, in respect of seafarers who work on ships that flyits flag, that shipowners who use seafarer recruitment and placement services that arebased in countries or territories in which this Convention does not apply, ensure thatthose services conform to the requirements set out in the Code.Standard A1.4 – Recruitment and placement1. Each Member that operates a public seafarer recruitment and placementservice shall ensure that the service is operated in an orderly manner that protects andpromotes seafarers’ employment rights as provided in this Convention.2. Where a Member has private seafarer recruitment and placement servicesoperating in its territory whose primary purpose is the recruitment and placement ofseafarers or which recruit and place a significant number of seafarers, they shall beoperated only in conformity with a standardized system of licensing or certification orother form of regulation. This system shall be established, modified or changed onlyafter consultation with the shipowners’ and seafarers’ organizations concerned. In theevent of doubt as to whether this Convention applies to a private recruitment andplacement service, the question shall be determined by the competent authority ineach Member after consultation with the shipowners’ and seafarers’ organizations concerned.Undue proliferation of private seafarer recruitment and placement servicesshall not be encouraged.3. The provisions of paragraph 2 of this Standard shall also apply – to the extentthat they are determined by the competent authority, in consultation with the shipowners’and seafarers’ organizations concerned, to be appropriate – in the context ofrecruitment and placement services operated by a seafarers’ organization in the territoryof the Member for the supply of seafarers who are nationals of that Member toships which fly its flag. The services covered by this paragraph are those fulfilling thefollowing conditions:(a) the recruitment and placement service is operated pursuant to a collective bargainingagreement between that organization and a shipowner;(b) both the seafarers’ organization and the shipowner are based in the territory ofthe Member;(c) The Member has national laws or regulations or a procedure to authorize or registerthe collective bargaining agreement permitting the operation of the recruitmentand placement service; and(d) the recruitment and placement service is operated in an orderly manner andmeasures are in place to protect and promote seafarers’ employment rights comparableto those provided in paragraph 5 of this Standard.4. Nothing in this Standard or Regulation 1.4 shall be deemed to:20
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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
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
Page 43 and 44: • the cost of safeguarding the pr
Page 45 and 46: (b) facilities for sports and outdo
Page 47 and 48: • Sickness benefit• Unemploymen
Page 49 and 50: agreed upon international standards
Page 51 and 52: provisions of Regulation 5.1.3 and
Page 53 and 54: C5.1.o. What is the period of valid
Page 55 and 56: (b)(c)to carry out any examination,
Page 57 and 58: prevents ships being delayed by unn
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 70 and 71: Maritime Labour Convention, 20062.
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
Page 106 and 107: Accommodation, recreational facilit
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Health protection, medical care, we
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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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