SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

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Conditions of employment4. Paragraph 1 of this Guideline does not exempt young seafarers from the generalobligation on all seafarers to work during any emergency as provided for in StandardA2.3, paragraph 14.Regulation 2.4 – Entitlement to leavePurpose: To ensure that seafarers have adequate leave1. Each Member shall require that seafarers employed on ships that fly its flagare given paid annual leave under appropriate conditions, in accordance with the provisionsin the Code.2. Seafarers shall be granted shore leave to benefit their health and well-beingand with the operational requirements of their positions.Standard A2.4 – Entitlement to leave1. Each Member shall adopt laws and regulations determining the minimumstandards for annual leave for seafarers serving on ships that fly its flag, taking properaccount of the special needs of seafarers with respect to such leave.2. Subject to any collective agreement or laws or regulations providing for anappropriate method of calculation that takes account of the special needs of seafarersin this respect, the annual leave with pay entitlement shall be calculated on the basis ofa minimum of 2.5 calendar days per month of employment. The manner in which thelength of service is calculated shall be determined by the competent authority orthrough the appropriate machinery in each country. Justified absences from work shallnot be considered as annual leave.3. Any agreement to forgo the minimum annual leave with pay prescribed inthis Standard, except in cases provided for by the competent authority, shall beprohibited.Guideline B2.4 – Entitlement to leaveGuideline B2.4.1 – Calculation of entitlement1. Under conditions as determined by the competent authority or through theappropriate machinery in each country, service off-articles should be counted as partof the period of service.2. Under conditions as determined by the competent authority or in an applicablecollective agreement, absence from work to attend an approved maritime vocationaltraining course or for such reasons as illness or injury or for maternity should becounted as part of the period of service.3. The level of pay during annual leave should be at the seafarer’s normal levelof remuneration provided for by national laws or regulations or in the applicable seafarers’employment agreement. For seafarers employed for periods shorter than oneyear or in the event of termination of the employment relationship, entitlement toleave should be calculated on a pro-rata basis.4. The following should not be counted as part of annual leave with pay:33
Maritime Labour Convention, 2006(a)(b)(c)(d)public and customary holidays recognized as such in the flag State, whether ornot they fall during the annual leave with pay;periods of incapacity for work resulting from illness or injury or from maternity,under conditions as determined by the competent authority or through the appropriatemachinery in each country;temporary shore leave granted to a seafarer while under an employment agreement;andcompensatory leave of any kind, under conditions as determined by the competentauthority or through the appropriate machinery in each country.Guideline B2.4.2 – Taking of annual leave1. The time at which annual leave is to be taken should, unless it is fixed byregulation, collective agreement, arbitration award or other means consistent withnational practice, be determined by the shipowner after consultation and, as far as possible,in agreement with the seafarers concerned or their representatives.2. Seafarers should in principle have the right to take annual leave in the placewith which they have a substantial connection, which would normally be the same as theplace to which they are entitled to be repatriated. Seafarers should not be required withouttheir consent to take annual leave due to them in another place except under the provisionsof a seafarers’ employment agreement or of national laws or regulations.3. If seafarers are required to take their annual leave from a place other thanthat permitted by paragraph 2 of this Guideline, they should be entitled to free transportationto the place where they were engaged or recruited, whichever is nearer theirhome; subsistence and other costs directly involved should be for the account of theshipowner; the travel time involved should not be deducted from the annual leave withpay due to the seafarer.4. A seafarer taking annual leave should be recalled only in cases of extremeemergency and with the seafarer’s consent.Guideline B2.4.3 – Division and accumulation1. The division of the annual leave with pay into parts, or the accumulation ofsuch annual leave due in respect of one year together with a subsequent period of leave,may be authorized by the competent authority or through the appropriate machinery ineach country.2. Subject to paragraph 1 of this Guideline and unless otherwise provided in anagreement applicable to the shipowner and the seafarer concerned, the annual leavewith pay recommended in this Guideline should consist of an uninterrupted period.Guideline B2.4.4 – Young seafarers1. Special measures should be considered with respect to young seafarers underthe age of 18 who have served six months or any other shorter period of time under a collectiveagreement or seafarers’ employment agreement without leave on a foreign-goingship which has not returned to their country of residence in that time, and will not returnin the subsequent three months of the voyage. Such measures could consist of their repatriationat no expense to themselves to the place of original engagement in their countryof residence for the purpose of taking any leave earned during the voyage.34
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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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Page 59 and 60: certificate and DMLC should be the
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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 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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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 144 and 145: Compliance and enforcement14. A cer
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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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