SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

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Conditions of employment3. National laws or regulations or collective agreements may provide for compensationfor overtime or for work performed on the weekly day of rest and on publicholidays by at least equivalent time off duty and off the ship or additional leave in lieuof remuneration or any other compensation so provided.4. National laws and regulations adopted after consulting the representativeshipowners’ and seafarers’ organizations or, as appropriate, collective agreementsshould take into account the following principles:(a) equal remuneration for work of equal value should apply to all seafarers employedon the same ship without discrimination based upon race, colour, sex,religion, political opinion, national extraction or social origin;(b) the seafarers’ employment agreement specifying the applicable wages or wagerates should be carried on board the ship; information on the amount of wages orwage rates should be made available to each seafarer, either by providing at leastone signed copy of the relevant information to the seafarer in a language whichthe seafarer understands, or by posting a copy of the agreement in a place accessibleto seafarers or by some other appropriate means;(c) wages should be paid in legal tender; where appropriate, they may be paid bybank transfer, bank cheque, postal cheque or money order;(d) on termination of engagement all remuneration due should be paid without unduedelay;(e) adequate penalties or other appropriate remedies should be imposed by the competentauthority where shipowners unduly delay, or fail to make, payment of allremuneration due;(f) wages should be paid directly to seafarers’ designated bank accounts unless theyrequest otherwise in writing;(g) subject to subparagraph (h) of this paragraph, the shipowner should impose nolimit on seafarers’ freedom to dispose of their remuneration;(h) deduction from remuneration should be permitted only if:(i) there is an express provision in national laws or regulations or in an applicablecollective agreement and the seafarer has been informed, in the mannerdeemed most appropriate by the competent authority, of the conditionsfor such deductions; and(ii) the deductions do not in total exceed the limit that may have been establishedby national laws or regulations or collective agreements or court decisionsfor making such deductions;(i) no deductions should be made from a seafarer’s remuneration in respect of obtainingor retaining employment;(j) monetary fines against seafarers other than those authorized by national laws orregulations, collective agreements or other measures should be prohibited;(k) the competent authority should have the power to inspect stores and servicesprovided on board ship to ensure that fair and reasonable prices are applied forthe benefit of the seafarers concerned; and(l) to the extent that seafarers’ claims for wages and other sums due in respect oftheir employment are not secured in accordance with the provisions of the InternationalConvention on Maritime Liens and Mortgages, 1993, such claims shouldbe protected in accordance with the Protection of Workers’ Claims (Employer’sInsolvency) Convention, 1992 (No. 173).29
Maritime Labour Convention, 20065. Each Member should, after consulting with representative shipowners’ andseafarers’ organizations, have procedures to investigate complaints relating to any mattercontained in this Guideline.Guideline B2.2.3 – Minimum wages1. Without prejudice to the principle of free collective bargaining, each Membershould, after consulting representative shipowners’ and seafarers’ organizations,establish procedures for determining minimum wages for seafarers. Representativeshipowners’ and seafarers’ organizations should participate in the operation of suchprocedures.2. When establishing such procedures and in fixing minimum wages, due regardshould be given to international labour standards concerning minimum wage fixing, aswell as the following principles:(a) the level of minimum wages should take into account the nature of maritime employment,crewing levels of ships, and seafarers’ normal hours of work; and(b) the level of minimum wages should be adjusted to take into account changes inthe cost of living and in the needs of seafarers.3. The competent authority should ensure:(a) by means of a system of supervision and sanctions, that wages are paid at not lessthan the rate or rates fixed; and(b) that any seafarers who have been paid at a rate lower than the minimum wage areenabled to recover, by an inexpensive and expeditious judicial or other procedure,the amount by which they have been underpaid.Guideline B2.2.4 – Minimum monthly basic pay or wage figure for able seafarers1. The basic pay or wages for a calendar month of service for an able seafarershould be no less than the amount periodically set by the Joint Maritime Commissionor another body authorized by the Governing Body of the International LabourOffice. Upon a decision of the Governing Body, the Director-General shall notify anyrevised amount to the Members of the Organization.2. Nothing in this Guideline should be deemed to prejudice arrangementsagreed between shipowners or their organizations and seafarers’ organizations with regardto the regulation of standard minimum terms and conditions of employment, providedsuch terms and conditions are recognized by the competent authority.Regulation 2.3 – Hours of work and hours of restPurpose: To ensure that seafarers have regulated hours of work or hours of rest1. Each Member shall ensure that the hours of work or hours of rest for seafarersare regulated.2. Each Member shall establish maximum hours of work or minimum hours ofrest over given periods that are consistent with the provisions in the Code.Standard A2.3 – Hours of work and hours of rest1. For the purpose of this Standard, the term:30
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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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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 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 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
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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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