Maritime Labour Convention

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MLC, C186
Maritime Labour Convention
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Ratifications of the Convention (countries in green have ratified, but have not finished all formalities)
Drafted 7 February 2006
Signed 23 February 2006
Location Geneva
Effective 20 August 2013[1] (not yet in force)
Condition 30 ratifications; representing 33% of gross tonnage of ships
Ratifiers 39[2]
Depositary Director-General of the International Labour Office
Languages French and English
Maritime Labour Convention at Wikisource
Admiralty law
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The Maritime Labour Convention (MLC) is an International Labour Organization convention established in 2006 as the Fourth pillar of international maritime law and embodies " all up-to-date standards of existing international maritime labour Conventions and Recommendations, as well as the fundamental principles to be found in other international labour Conventions".[3] The other "pillars are the SOLAS, STCW and MARPOL.

As of February 2013, the convention was ratified by 39 states representing 68% of global shipping. Entry into force required 30 ratifications of countries representing over 33% of the world gross tonnage of ships and will take effect on 20 August 2013,[1] 1 year after the thirtieth ratification. Already after five ratifications the ratifying countries (Bahamas, Norway, Liberia, Marshall Islands and Panama) represented over 43% of the gross world tonnage[4] (which is over 33%; the second requirement for entry into force).

Contents

Content and Organization [edit]

The convention consists of the sixteen articles containing general provisions as well as the Code. The Code consists of five Titles in which specific provisions are grouped by standard (or in Title 5: mode of enforcement):

  • Title 1: Minimum requirements for seafarers to work on a ship
  • Title 2: Conditions of employment
  • Title 3: Accommodation, recreational facilities, food and catering
  • Title 4: Health protection, medical care, welfare and social security protection
  • Title 5: Compliance and enforcement

For Each Title, there are general Standards, which are further specified in mandatory Regulations (list A) as well as Guidelines (List B). Guidelines generally form a form of implementation of a Regulation according to the requirements, but States are free to have different implementation measures. Regulations should in principle be implemented fully, but a country can implement a "substantially equivalent" regulation, which it should declare upon ratification.

Title 1: Minimum requirements for seafarers to work on a ship [edit]

The minimum requirements set out in this section of the code are divided in 4 parts and are summarized below:

  • Minimum age requirements: the mimimum age is 16 years (18 for night work and work in hazardous areas).
  • Medical fitness: workers should be medically fit for the duties they are performing. Countries should issue medical certificates as defined in the STCW (or use a similar standard).
  • Training: Seafarers should be trained for their duties as well as have had a personal safety training.
  • Recruitment/placement services located in member states or for ships flying the flag of member states should have (amongst others) proper placement procedures, registration, complaint procedures and compensation if the recruitment fails

Title 2: Employment conditions [edit]

The Title on employment conditions lists conditions of the contract and payments, as well as the working conditions on ships.

  • Contracts: the contract should be clear, legally enforceable and incorporate collective bargaining agreements (if existent).
  • Payments: Wages should be paid at least every month, and should be transferrable regularly to family if so desired.
  • Rest hours: rest hours should be implemented in national legislation. The maximum hours of work in that legislation should not exceed 14 hours in any 24-hour period and 72 hours in any seven-day period, or: ten hours in any 24-hour period and 77 hours in any seven-day period. Furthermore every day, at least six hours of rest should be given consecutively.
  • Leave: Seafarers have a right to annual leave as well as shore leave.
  • Repatriation: Returning to their country of residence should be free
  • Loss: If a ship is lost or foundered, the seafarers have a right to an unemployment payments.
  • Manning: Every ship should have a sufficient manning level

Title 3: Accommodation, Recreational Facilities, Food and Catering [edit]

The title specifies rules detailed rules for accommodation and recreational facilities, as well as food and catering.

  • Accommodation: Accommodation for living and/or working should be "promoting the seafarers' health and well-being". Detailed provisions (in rules and guidelines) give minimum requirements for various types of rooms (mess rooms, recreational rooms, dorms etc.).
  • Food and Catering: Both food quality and quantity, including water should be regulated in the flag state. Furthermore, cooks should have proper training.

Title 4: Health Protection, Medical Care, Welfare and Social Security Protection [edit]

Title 4 consists of 5 regulations about Health, Liability, Medical care, Welfare and Social security.

  • Medical care on board ship and ashore: Seafarers should be covered for and have access to medical care while on board; in principle at no cost and of a quality comparable to the standards of health care on shore. Countries through which territory a ship is passing should guarantee treatment on shore in serious cases.
  • Shipowners' liability: Seafarers should be protected from thefinancial effects of "sickness, injury or death occurring in connection with their employment". This includes at least 16 weeks of payment of wages after start of sickness.
  • Health and safety protection and accident prevention: A safe and hygienic environment should be provided to seafarers both during working and resting hours and measures should be taken to take reasonable safety measures.
  • Access to shore-based welfare facilities: Port states should provide "welfare, cultural, recreational and information facilities and services" and to provide easy access to these services. The access to these facilities should be open to all seafarers irrespective of race, sex, religion or political opinion.
  • Social security: Social security coverage should be available to seafarers (and in case it is customary in the flag state: their relatives).

Title 5: Compliance and Enforcement [edit]

Title 5 sets standers to ensure compliance with the convention. The title distinguishes requirements for flag states and port states.

  • Flag states: Flag states (the state under which flag the ship operates) are responsible for ensuring implementation of the rules on the ships that fly its flag. Detailed inspections result in the issue of a "Certificate of Maritime Compliance", which should always be present (and valid) on a ship. Ships are required to have decent complaints procedures in place for its crew and should institute investigations in case of casualties.
  • Port States: The inspection in ports depends on whether a Certificate of Maritime Compliance is present (and thus a flag is flown of a country which has ratified the convention). If the Certificate is present, compliance is to be assumed in principle, and further investigations only take place if the certificate is not in order or there are indications of non-compliance. For ships that don't have the certificate, inspections are much more detailed and should ensure -according to a "no more favorable treatment principle"[5] that the ship has complied with the provisions of the convention. The convention is thus -indirectly- also valid for ships of non-member countries if they plan to call to ports of a member state.
  • Labour agencies: Agencies supplying on maritime workers to ships should also be inspected to ensure that they apply the convention (amongst others the regulations regarding to social security).

Negotiations [edit]

After tripartite negotiations had started in 2001, the convention was adopted during the 94th International Labour Convention in 2006. The convention received 314 votes in favour and none against by representatives of the government, employers and workers, who each held a single vote per country.[6]

Ratifications [edit]

Counties that ratified
(cumulative by year)

The treaty has been ratified by 36 countries (excluding Fiji, Gabon and Lebanon, for which registration is pending the finalization of formalities), many of which are large flag states in terms of the tonnage they transport. The European Union has advised its 27 members to ratify the treaty by 31 December 2010.[7] The EU Decision provides: "Member States are hereby authorised to ratify, for the parts falling under Community competence, the Maritime Labour Convention, 2006, of the International Labour Organisation, adopted on 7 February 2006. Member States should make efforts to take the necessary steps to deposit their instruments of ratification of the Convention with the Director-General of the International Labour Office as soon as possible, preferably before 31 December 2010. As of 1 March 2013 however, Bulgaria, Cyprus, Denmark, Finland, France, Greece, Latvia, Luxembourg, Malta, the Netherlands, Poland, Spain and Sweden had done so.[3]

Country Date Notes  % of world gross tonnage[8]
 Antigua and Barbuda 02011-08-1111 August 2011 1.0
 Australia 02011-12-2121 December 2011 <0.3
 Bahamas 02008-02-1111 February 2008 5.0
 Benin 02011-06-1313 June 2011 <0.3
 Bosnia and Herzegovina 02010-01-1818 January 2010 <0.3
 Bulgaria 02010-04-1212 April 2010 <0.3
 Canada 02010-06-1515 June 2010 <0.3
 Croatia 02010-02-1212 February 2010 <0.3
 Cyprus 02012-07-2020 July 2012 2.0
 Denmark 02011-06-2323 June 2011 1.06 (Danish International Ship Register)
 Fiji 02013-01-2121 January 2013 no declaration <0.3
 Finland 02013-01-099 January 2013 <0.3
 France 02013-02-2828 February 2013 <0.3
 Gabon 02011-05-1212 May 2011 no declaration <0.3
 Greece 02013-01-044 January 2013 1.5
 Kiribati 02011-10-2424 October 2011 <0.3
 Latvia 02011-08-1212 August 2011 <0.3
 Lebanon 02013-02-1818 February 2013 no declaration <0.3
 Liberia 02006-06-077 June 2006 11.1
 Luxembourg 02011-09-1919 September 2011 <0.3
 Malta 02013-01-2121 January 2013 4.3
 Marshall Islands 02007-09-2525 September 2007 6.1
 Morocco 02012-09-1010 September 2012 6.1
 Netherlands 02011-12-1313 December 2011 only the European part of the Kingdom 0.6
 Norway 02009-02-1010 February 2009 1.5 (Norwegian International Ship Register)
 Palau 02012-05-2929 May 2012 <0.3
 Panama 02009-02-066 February 2009 22.6
 Philippines 02012-08-2020 August 2012 0.6
 Poland 02012-05-033 May 2012 <0.3
 Russia 02012-08-2020 August 2012 0.6
 Saint Kitts and Nevis 02012-02-2121 February 2012 <0.3
 Saint Vincent and the Grenadines 02010-11-099 November 2010 0.6
 Serbia 02013-03-1515 March 2013 <0.3
 Singapore 02011-06-1515 June 2011 4.8
 Spain 02010-02-044 February 2010 <0.3
 Sweden 02012-06-1212 June 2012 <0.3
 Switzerland 02011-02-2121 February 2011 <0.3
 Togo 02012-03-1414 March 2012 <0.3
 Tuvalu 02012-02-1616 February 2012 <0.3
Total: 38 Total: 69%


Effect on other conventions [edit]

The convention changes 37 ILO conventions, which means that these conventions upon entry into force of this convention will close for ratification (if not already) and that entry into force for a specific country means automatic denouncement its ratification to other conventions (if not already).

References [edit]

  1. ^ a b "Philippines ratification marks global milestone for decent work for seafarers". ILO. 20 August 2012. Retrieved 21 August 2012. 
  2. ^ "Milestone ratifications of seafarers’ labour rights charter". ILO. 20 August 2012. 
  3. ^ a b "Treaty text of the Maritime Labour Convention". ILO. Retrieved 7 May 2012. 
  4. ^ "Panama and Norway ratify Maritime Labour Convention". worldmaritimenews.com. 12 February 2009. Retrieved 30 October 2010. "Together the five flags represent 43 % of the world's shipping tonnage." 
  5. ^ George Politakis. "ILO Maritime Labour Convention, 2006, Abstract". International Foundation for the Law of the Sea. Retrieved 31 August 2012. 
  6. ^ "Maritime Labour Convention, 2006". Government of the United Kingdom. 16 August 2011. Retrieved 9 October 2011. 
  7. ^ "2007/431/EC: Council Decision of 7 June 2007 authorising Member States to ratify, in the interests of the European Community, the Maritime Labour Convention, 2006, of the International Labour Organisation". Council of the European Union. Retrieved 30 October 2010. 
  8. ^ "Review of Maritime Transport 2010". UNCTAD secretariat. Retrieved 23 August 2011. 

External links [edit]

Retrieved from "http://en.wikipedia.org/w/index.php?title=Maritime_Labour_Convention&oldid=553132237"