Maritime Labour Convention

2006
‘A new paradigm for seafarers well-being’
Contents
What is MLC 2006
Why a new convention
So what is the new convention all about??
Title 1: Minimum requirements for seafarers to work on a ship.
Title 2: Condition 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.
What is unique about MLC ???
Advantages of MLC 2006 for Seafarers.
 What is MLC 2006?
MLC 2006 stands for Maritime Labour Convention 2006.

Adopted by ILO and IMO in February 2006 in Geneva, Switzerland.

It sets out seafarer’s rights to decent conditions of work and helps to
create conditions of fair competition for shipowners.
 Why a new convention?
Existing conventions are a) Irrelevant to 21st century shipping and b) No
provisions of enforcement.

It is intended to be globally applicable, easily understandable, readily

updatable and uniformly enforced.

“Fourth Pillar” of the international regulatory regime for quality shipping,

complementing the key Conventions of the IMO such as the SOLAS, STCW
and the MARPOL.

MLC 2006 replaces often confusing title of 40 conventions and 29

recommendations
 Why a new convention?
“The standard of safety of a ship is dependent not only on the health
of the ship but more on the health of the seafarers in charge of the
operation of the ship”. M Fauzudeen IMO.

“Without a happy and fit crew, existing in decent working and living
conditions, the shipping industry will be unable to meet its requirements
for safer ships in clean water”. Bjorn Loden ICSW
 So what is the new convention all about?
It provides comprehensive set of Mandatory standards for seafarers
employment conditions and rights.

It clarifies employers responsibilities.

It enables fair competition within the industry by establishing

minimum labour standards.
 So what is the new convention all about?
These core rights and principles are:

Included in the Articles of the convention underpinned by a code.

Divided into five sections called ‘Titles’.

Each Title in turn contains relevant Regulations, Standards and

Guidelines which describe in details how the convention must be
implemented.
 So what is the new convention all about?

Title 1: Minimum requirements for seafarers to work on a ship.

Title 2: Conditions of employment.

Title 3: Accommodation, recreation facilities, food and catering.

Title 4: Health protection, medical care, welfare and social security

protection.

Title 5: Compliance and enforcement – designing in compliance,

design and construction costs – substantial equivalence.
 The MLC 2006 contains a list of 14 areas that are subject to a mandatory certification system.
These are highlighted below in GREEN:

TITLE 1. TITLE 2.
Minimum requirements for Conditions of employments
seafarers to work on a ship

2.1 Seafarer’s employment

1.1 Minimum Age 2.5 Repatriation
agreement

2.6 Seafarer compensation for the

1.2 Medical Certificate 2.2 Wages
ship’s loss & foundering

1.3 Training and 2.3 Hours of work & hours of

2.7 Manning levels
qualifications of seafarer rest

1.4 Recruitment and 2.8 Career and skill development and

placement opportunities for seafarer’s
2.4 Entitle to leave
employment
The MLC 2006 contains a list of 14 areas that are subject to a mandatory certification system.
These are highlighted below in GREEN:
TITLE 4.
TITLE 3. Health protection, medical care,
Accommodation, recreational welfare and social security
facilities, food and catering protection

4.1 Medical care on board and

3.1 Accommodation ashore

3.1 On-board recreational facilities 4.2 Shipowner’s liability

3.2 Food and catering 4.3 Health and safety protection

and accident prevention

4.4 Access to shore-based welfare

facilities

4.5 Social security

 The MLC 2006 contains a list of 14 areas that are subject to a mandatory certification system.
These are highlighted below in GREEN:

TITLE 5.
5.1 Flag state Compliance and enforcement
responsibilities

5.1.1 General principles

5.2 Port state 5.3 Labour-supplying
responsibilities responsibilities
5.1.2 Authorization of
recognized organizations

5.1.3 Maritime labour

5.2.1 Inspection in port
certificate and declaration of
maritime labour compliance

5.1.4 Inspection and

enforcement 5.2.2 Onshore seafarer
compliant-handling
procedures
5.1.5 On-board
complaint procedures

5.1.6 Marine casualties

 Title 1: Minimum requirements for seafarers to
work on a ship.
1.1 Minimum age
ASP measures for compliance:
•The employment, engagement or work on board a ship of any person
under the age of 16 shall be prohibited. ASPCM shall verify the age of the
person before being recruited for employment on board, the Master shall
ensure that when a seafarer joins on board; his age is not less than 16
years.
•As a company policy, the seafarers’ who will be employed or engaged to
work on board ships shall not be less than 16 years of age.
•Seafarers of less than 18 years of age shall not be engaged in Night
work. Seafarers of less than 18 years of age are prohibited from being
engaged in any work which is likely to jeopardize their health or safety.
Title 1: Minimum requirements for seafarers to work
on a ship.
1.2 Medical Certification
ASP measures for Compliance:
•Prior to beginning work on a ship, seafarers must hold a valid medical fitness
certificate for the Flag of the vessel to be joined attesting that they are medically fit to
perform the duties they are to carry out at sea. Medical fitness certificates will be
issued by medical practitioners recognized by the Flag State.
•Medical certificate shall be provided in English in a format prescribed by the Flag
State or in the absence of such the ILO format may be used.
•Medical certificates shall be in a format and criteria prescribed under
ILO/WHO/MLC2006 guidelines for conducting pre-sea and periodical medical fitness
examinations for seafarers.
•Medical certificates shall be valid for a period of not more than 2 years. In the event
of the seafarer being under the age of 18 years, such a medical certificate shall not be
valid for more than 1 year. Certification of colour vision shall be valid for a maximum
period of six years
 Title 1: Minimum requirements for seafarers to work
on a ship.
1.3 Qualification of Seafarer
ASP measures for Compliance:
•Seafarers recruited or placed shall not work on a ship unless they are trained or
certified as competent or otherwise found qualified to perform their duties. Seafarers
shall hold the documents necessary for the job concerned.
•ASPCM shall not employ any seafarer unless they are trained or certified as competent
to perform their duties.
•ASPCM must ensure that all seagoing personnel meet the minimum experience and
training as per STCW (as amended)
1.4 Use of any licenses or certified or regulated private recruitment and
placement service
ASP measures for Compliance:
•This section has been designed to ensure ASP CM complies with MLC 2006 regulations
irrespective of the ratification status of the country in which the agency is based.
 Title 2: Condition of Employment.

2.1 Seafarer’s employment agreement

ASP measures for compliance:
•The seafarer’s employment agreement shall be issued to all new employees upon
commencement of employment. All criteria relevant to the applicable MLC standard A
2.1, shall be included in the letter of offer which in all cases shall contain the following
particu­lars:
•The seafarer’s full name, date of birth or age, and birthplace;
• The ship owner’s name and address;
• The place where and date when the seafarers’ employment agreement is entered into;
• The capacity in which the seafarer is to be employed;
• The amount of the seafarer’s wages or, where applicable, the formula used for cal­
culating them;
• The amount of paid annual leave or, where applicable, the formula used for cal­culating
it;
• The termination of the agreement and the conditions thereof, including:
 Title 2: Condition of Employment.

2.1 Seafarer’s employment agreement (Cont…)

ASP measures for compliance:
•If the agreement has been made for an indefinite period, the conditions
en­titling either party to terminate it, as well as the required notice period,
which shall not be less for the ship-owner than for the seafarer;
• If the agreement has been made for a definite period, the date fixed for
its expiry; and
• If the agreement has been made for a voyage, the port of destination and
the time which has to expire after arrival before the seafarer should be dis­
charged;
• The health and social security protection benefits to be provided to the
seafarer by the ship-owner;
• The seafarer’s entitlement to repatriation;
 Title 2: Condition of Employment.

2.1 Seafarer’s employment agreement (Cont…)

ASP measures for compliance:
•The employment agreement shall be signed by both seafarer and ship owner
or his representative (i.e. In the case of EA/CBA/EBA, the Union
Representative and/or delegate of the company). Each party shall maintain
one original signed employment contract. The signed CBA/EA/EBA shall be
available to the seafarer on board and shall be available in English (except on
ships engaged in domestic trade) and be kept available for PSC inspection.
•In reference to a signed Seafarers Employment Agreements (EA/CBA/EBA)
all seafarers or their representative, shall be given an opportunity to examine
and seek advice on the agreement before signing. By the Seafarer signing or
their representative signing of their behalf, the seafarer acknowledges that
they have freely entered into such agreement, with a sufficient understanding
of their rights and responsibilities.
 Title 2: Condition of Employment.

2.2 Payment of wages

•ASP measures for compliance:
•ASPCM shall ensure that a the seafarer is given a monthly statement of
payments due, amounts paid, including wages, additional payments and rate of
exchange used in a currency different from the one agreed to. Payments shall be
made at no greater than monthly intervals.
•Master shall prepare the monthly account of wages with the deduction to be
presented to the seafarer. Seafarer shall request for part or entire wages to be
sent ashore by means of an allotment. Allotment request shall be made and sent
to the office by the 25th of the month.
•Allotments once processed by the accounts department shall send allotment
advice to the vessel.
•No deduction shall me made for retaining employment.
•Seafarers shall be able to transmit all or part of their earnings to their families by
bank transfers.
 Title 2: Condition of Employment.

2.3 Hours of work or rest

ASP measures for compliance:
•Hours of work and rest are regulated by the Master.
•Max hours of work and min hours of rest are defined. Max hours of work
14 hrs in any 24 hour period. 72 hours in a 7 day period. Min hours of rest
are 10 hrs in a 24 hour period and 77 hours a week. Hours of rest may be
divided in to no more than 2 periods of which one shall be at least 6 hours
and intervals between 2 consecutive rest periods shall not exceed 14 hrs.
•Any drills required to be conducted shall be undertaken to minimize
disturbance to rest periods.
•Shipboard working arrangement shall be posted in an easily accessible
position which contains a schedule for service at sea and service in port
and the maximum hours of work or the minimum hours of rest.
 Title 2: Condition of Employment.

2.4 Entitlement to leave (Requirements which are not subject to certification)

•ASP measures for compliance:
•All full-time employees are entitled to paid annual leave for each completed year of service
and part-time employees have a pro-rata entitlement.
•The amount of paid annual leave or, where applicable, the formula used for cal­culating it.
2.5 Repatriation (Requirements which are not subject to certification)
•ASP measures for compliance:
•Seafarer’s are entitled to repatriation at no cost to themselves in the following
circumstances
•(a) if the seafarers’ employment agreement expires while they are abroad;
•(b) when the seafarers’ employment agreement is terminated:
•(i) by the shipowner; or
•(ii) by the seafarer for justified reasons; and also
•(c) when the seafarers are no longer able to carry out their duties under their
employment agreement or cannot be expected to carry them out in the specific
circumstances.
 Title 2: Condition of Employment.

2.6 Seafarer compensation for the ship loss or foundering

(Requirements which are not subject to certification)
•ASP measures for compliance:
•In case of Ship Wreck, Foundering or sale of ship, the crew managers are obliged to
repatriate all the crew according to the CBA/EA from the vessel to the nearest International
Airport.
•In case of ship loss or foundering each seafarer shall be paid an indemnity towards
unemployment resulting out of such loss. Such an indemnity payable shall commence
from the day of the loss, but limited to 2 basic months wages. The wages payable will be
as per the same rate as payable under the employment agreement.
2.7 Manning levels for the ship
•ASP measures for compliance:
•Ships manning shall be such that the number of seafarer employed on board are
sufficient to ensure that’s the ships are operated safely, efficiently with due regard to
security under all conditions, taking into account concerns about seafarer fatigue and the
particular nature of the voyage in accordance with the minimum safe manning document.
 Title 2: Condition of Employment.

2.8 Career & skill development & opportunities for seafarer’s

employment (Requirements which are not subject to certification)
•ASP measures for compliance:
•Career and skill development and opportunities for seafarers employment.
(REF: CM - J 1.13)
Click for Explanation video of Title 1 and Title 2
Title 3: Accommodation, recreational facilities, food and
catering.

3.1 Accommodation and On-board recreational facilities.

•ASP measures for compliance:
•With the entry into force of the Maritime Labour Convention 2006 all new ships (that is
ships that have the keel laid after entry into force) and flagged to a ratifying state must be
built in accordance with the requirements in the new convention. It must be noted that it is
the laying of the keel and not the date of the contract that will determine which
requirements that have to be complied with.
•Circumstances permitting, the Master should make regular inspections of the vessel.
These inspections should include the mess rooms and the galley, storerooms and
refrigerated stores, communal washrooms and toilets. Once a month the Master, and
department heads must conduct a formal inspection of the vessel to ensure that the
seafarer’s accommodation is clean, decently habitable and maintained in a good state of
repair. This must be recorded in the Official Log Book.
Title 3: Accommodation, recreational facilities, food and
catering.

3.2 Food and catering.

•ASP measures for compliance:
•Seafarers are provided meals free of charge.
•Ships catering staff are trained, qualified and found competent for the position in
accordance with requirements set out in the laws and flag state regulations. Catering staff
shall serve food and drinking water of appropriate quality, nutritional value and quantity
that adequately covers the requirements of the ship and takes into account the differing
cultural and religious backgrounds
•No seafarer under the age of 18 shall be employed or engaged or work as a ship’s cook.
•Qualification requirements for Cooks:
•Served at sea for a minimum period of 6 months.
•Passed an examination or equivalent examination at an approved training course for
cooks.
Title 3: Accommodation, recreational facilities, food
and catering.

3.2 Food and catering. (Cont…)

•ASP measures for compliance:
•On ships operating with a prescribed manning of less than ten which, by
virtue of the size of the crew or the trading pattern, may not be required by
the competent authority to carry a fully qualified cook, anyone processing
food in the galley shall be trained or instructed in areas including food and
personal hygiene as well as handling and storage of food on board ship.

•No seafarer under the age of 18 shall be employed or engaged or work as

a ship’s cook.
 Title 4: Health protection, medical care, welfare
and social security protection.
4.1 Medical care on-board ship and ashore
•ASP measures for compliance:
•Seafarers are covered under P&I for medical care whilst they are on board. When on leave
they are covered under a comprehensive medical insurance.
•Medical care as defined above includes:
•Medical care on board ships, ships shall be equipped with a medical chest, medical
equipment and medical guide. Ships that do have a qualified doctor, one of the seafarer shall
be assigned the duty of being in charge of medical care and administer medicines. He/she
shall be trained in accordance with STCW convention as amended. Such persons shall
undergo a refresher course every 5 years.
•Seafarer shall have the right to visit a qualified medical doctor or dentist during port calls,
where practicable. Such visits and medical care shall be provided to the seafarer free of cost.
•Company shall ensure by a prearranged system that medical ad­vice by radio or satellite
communication to ships at sea, including specialist advice, is available 24 hours a day.
•Medical chest should be inspected at regular intervals not exceeding 12 months, by
competent authority.
 Title 4: Health protection, medical care, welfare
and social security protection.
4.2 Shipowner’s liability (Requirements which are not subject to certification)
•ASP measures for compliance:
•Ship-owners shall be liable to bear the costs for seafarers working on their ships in
respect of sickness and injury of the seafarers occurring between the date of com­
mencing duty and the date upon which they are deemed duly repatriated, or aris­ing from
their employment between those dates;
•Ship-owners shall provide financial security to assure compensation in the event of the
death or long-term disability of seafarers due to an occupational injury, ill­ness or
hazard, as set out in national law, the seafarers’ employment agreement or collective
agreement;
•Ship owners shall be liable to defray the expense of medical care, including med­ical
treatment and the supply of the necessary medicines and therapeutic appli­ances, and
board and lodging away from home until the sick or injured seafarer has recovered, or
until the sickness or incapacity has been declared of a perma­nent character.
•Ship-owners shall be liable to pay the cost of burial expenses in the case of death
occurring on board or ashore during the period of engagement.
 Title 4: Health protection, medical care, welfare
and social security protection.
4.3 Health and safety protection and accident prevention
•ASP measures for compliance:
•Not Applicable. No procedure/system required, but guidelines given by the flag
state should be available onboard. Flag specific requirements to be verified.
•Flag States can implement different requirements and those may be more detailed
when it comes to how to handle health and safety aspects.
•Activities to be prohibited will be determined by means of the JSA and where
applicable, the risk assessment process, taking into account the health and safety
of the young seafarers under the age of 18.
•As evidence of ASP’s commitment and responsibility for these matters described
above, they are further detailed within the following policies ”Quality Policy,
Business Conduct and Ethics Policy, Sexual Harassment Policy, Privacy Policy,
Equal Opportunity Policy and Bullying Policy”which are displayed in various
locations throughout the vessel for all employees, contractors and visitors to see.
 Title 4: Health protection, medical care, welfare
and social security protection.

4.4 Access to shore-based welfare facilities

(Requirements which are not subject to certification)
•ASP measures for compliance:
•Where such facilities exist, access shall be granted.
•NA to ship owner.
4.5 Social security (Requirements which are not subject to certification)
•ASP measures for compliance:
•Ship owner shall ensure that the seafarer is protected for medical care, sickness
benefit, unemployment benefit, old age benefit, employment injury benefit, family
benefit, maternity benefit, invalidity benefit and survivor benefit. Social Security
policies shall be in accordance with the applicable flag state requirements of the
vessel.
•Flag specific requirements are to be followed.
 Title 5: Compliance and Enforcement.

5.1 Flag state responsibilities

5.1.1 General principles

5.1.2 Authorization of recognized organizations

5.1.3 Maritime labour certificate and declaration of maritime labour

compliance

5.1.4 Inspection and enforcement

 Title 5: Compliance and Enforcement.

5.1.5 On-board compliant procedures

•ASP measures for compliance

MLC 2006 Complaint Procedure.pdf

5.1.6 Marine casualties

5.2 Port state responsibilities

5.2.1 Inspections in port

5.2.2 Onshore seafarer compliant-handling procedures

 Title 5: Compliance and Enforcement.

5.3 Labour-supplying responsibilities

 What is unique about MLC ???

Replacing the previous conventions and recommendations into 1

convention.

Includes definition of seafarer.

Includes definition of Ship Owner.

Inclusion of fundamental human rights – Article 3.

Implementation and Enforcement – Article 5.

 Advantages of MLC 2006 for Seafarers.
A comprehensive set of basic maritime labour principles and rights as well as ILO
fundamental rights.

Convention spells out in one place and clear language seafarers’ basic employment rights.

Seafarers better informed of their rights and of remedies available.

Improved enforcement of minimum working and living conditions.

Right to make complaints both on board and ashore.

Clear identification of who is the shipowner with overall responsibility, for the purposes of
this Convention
Click for Title 5 - Complaints Procedure and Recap
video

Thank You
Prepared by,
Singapore Office