Maritime Labour Convention

MLC, C186

Maritime Labour Convention
Ratifications of the Maritime Labour Convention   Parties   Ratification, convention not yet in force   Instrument of ratification deposited, but not registered
Drafted	7 February 2006
Signed	23 February 2006
Location	Geneva
Effective	20 August 2013[1]
Condition	30 ratifications; representing 33% of gross tonnage of ships
Parties	80
Depositary	Director-General of the International Labour Office
Languages	French and English
Maritime Labour Convention at Wikisource

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".^[2] The other "pillars are the SOLAS, STCW and MARPOL. The treaties applies to all ships entering the harbours of parties to the treaty (port states), as well as to all states flying the flag of state party (flag states, as of 2013: 50 per cent).

The convention entered into force on 20 August 2013, one year after registering 30 ratifications of countries representing over 33 per cent of the world gross tonnage of ships.^[1] Already after five ratifications the ratifying countries (Bahamas, Norway, Liberia, Marshall Islands, and Panama) represented over 43 per cent of the gross world tonnage^[3] (which is over 33 per cent; the second requirement for entry into force). As of November 2016, the convention has been ratified by 80 states representing over 87 per cent of global shipping.

Although the Convention has not been ratified worldwide, it has widespread effect because vessels from non-signatory states that attempt to enter ports of signatory states may face arrest and penalties for non-compliance with the MLC.

Content and organization

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.

Some seafarers criticize the convention, saying that it lacks teeth, does not address real issues, and skirts important seafarer needs such as decent sized cabins, cupboards in cabins, shore leave, and rest hours by including them into Guidelines (List B) of the convention—or worse, by not addressing them at all.^[4]

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

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

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: at least ten hours of rest in any 24-hour period and 77 hours (rest) in any seven-day period. Furthermore, the daily hours of rest may not be divided into more than two periods and, at least six hours of rest should be given consecutively in one of those two periods.
• 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

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

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 the financial 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

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

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

Parties
(cumulative by year)
Blue: Ratifications
Green: Parties

As of November 2016, the treaty has been ratified by 80 countries (excluding 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 advised its (then) 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 May 2016, 23 countries had done so, while Croatia did so before it entered the European Union.^[2] The convention entered into force on 20 August 2013 for the 30 countries that ratified it prior to 20 August 2013. For other countries, the convention enters into force one year after registration of their instrument of ratification.

Country	Ratification	Entry into force	Notes	% of world gross tonnage[8]
Albania	28 October 2016	28 October 2017		0<0.3
Algeria	22 July 2016	22 July 2017		0<0.3
Antigua and Barbuda	11 August 2011	20 August 2013		21.0
Argentina	28 May 2014	28 May 2015		0<0.3
Australia	21 December 2011	20 August 2013		0<0.3
Bahamas	11 February 2008	20 August 2013		25.0
Bangladesh	6 November 2014	6 November 2015		0<0.3
Barbados	20 June 2013	20 June 2014		0<0.3
Belize	8 July 2014	8 July 2015		0<0.3
Belgium	20 August 2013	20 August 2014		10.4
Benin	13 June 2011	20 August 2013		0<0.3
Bosnia and Herzegovina	18 January 2010	20 August 2013		0<0.3
Bulgaria	12 April 2010	20 August 2013		0<0.3
Canada	15 June 2010	20 August 2013		0<0.3
Cape Verde	6 October 2015	6 October 2016		0<0.3
Republic of the Congo	7 April 2014	7 April 2015		0<0.3
China	12 November 2015	12 November 2016	not extended to Hong Kong	23.5
Croatia	12 February 2010	20 August 2013		0<0.3
Cyprus	20 July 2012	20 August 2013		22.0
Denmark	23 June 2011	20 August 2013	including Faroe Islands (since 9 July 2014) excluding Greenland	21.1 (Danish International Ship Register)
Fiji	10 October 2014	10 October 2015		0<0.3
Finland	9 January 2013	9 January 2014		0<0.3
France	28 February 2013	28 February 2014	Including New Caledonia	10.7
Gabon	25 September 2014	25 September 2015		0<0.3
Germany	16 August 2013	16 August 2014		21.4
Ghana	16 August 2013	16 August 2014		0<0.3
Greece	4 January 2013	4 January 2014		25.3
Hungary	31 July 2013	31 July 2014		0<0.3
India	9 October 2015	9 October 2016		21.2
Iran	11 June 2014	11 June 2015		0<0.3
Ireland	21 July 2014	21 July 2015		0<0.3
Italy	19 November 2013	19 November 2014		21.4
Japan	5 August 2013	5 August 2014		21.4
Jordan	27 April 2016	27 April 2017		0<0.3
Kenya	31 July 2014	31 July 2015		0<0.3
South Korea	9 January 2014	9 January 2015		21.6
Kiribati	24 October 2011	20 August 2013		0<0.3
Latvia	12 August 2011	20 August 2013		0<0.3
Lebanon	18 February 2013		no declaration	0<0.3
Liberia	7 June 2006	20 August 2013		311.1
Lithuania	20 August 2013	20 August 2014		0<0.3
Luxembourg	19 September 2011	20 August 2013		0<0.3
Malaysia	20 August 2013	20 August 2014		0<0.3
Maldives	7 October 2014	7 October 2015		0<0.3
Malta	21 January 2013	21 January 2014		24.4
Marshall Islands	25 September 2007	20 August 2013		26.1
Mauritius	30 May 2014	30 May 2015		0<0.3
Mongolia	1 September 2015	1 September 2016		0<0.3
Montenegro	3 February 2015	3 February 2016		0<0.3
Morocco	10 September 2012	10 September 2013		0<0.3
Myanmar	25 May 2016	25 May 2017		0<0.3
Netherlands	13 December 2011	20 August 2013	only the European part of the Kingdom and (since 14 April 2015) Curaçao	10.6
New Zealand	9 March 2016	9 March 2017		0<0.3
Nicaragua	20 December 2013	20 December 2014		0<0.3
Nigeria	18 June 2013	18 June 2014		0<0.3
Norway	10 February 2009	20 August 2013		21.5 (Norwegian International Ship Register)
Palau	29 May 2012	20 August 2013		0<0.3
Panama	6 February 2009	20 August 2013		322.6
Philippines	20 August 2012	20 August 2013		10.6
Poland	3 May 2012	20 August 2013		0<0.3
Romania	24 November 2015	24 November 2016		0<0.3
Russia	20 August 2012	20 August 2013		10.6
Saint Kitts and Nevis	21 February 2012	20 August 2013		0<0.3
Saint Vincent and the Grenadines	9 November 2010	20 August 2013		10.6
Samoa	21 November 2013	21 November 2014		0<0.3
Serbia	15 March 2013	15 March 2014		0<0.3
Seychelles	7 January 2014	7 January 2015		0<0.3
Singapore	15 June 2011	20 August 2013		24.8
Slovenia	15 April 2016	15 April 2017		0<0.3
South Africa	20 June 2013	20 June 2014		0<0.3
Spain	4 February 2010	20 August 2013		0<0.3
Sweden	12 June 2012	20 August 2013		0<0.3
Switzerland	21 February 2011	20 August 2013		0<0.3
Thailand	6 June 2016	6 June 2017		0<0.3
Togo	14 March 2012	20 August 2013		0<0.3
Tuvalu	16 February 2012	20 August 2013		0<0.3
United Kingdom	7 August 2013	7 August 2014	extended to Bermuda, Cayman Islands, Isle of Man, and Gibraltar	23.8[9]
Vietnam	8 May 2013	8 May 2014		10.4
	Ratifications: 80	In force: 71		Total: 87%

Effect on other conventions

The convention changed the status of 37 ILO conventions, which meant 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 meant automatic denouncement the other conventions (if not already).

Minimum Age (Sea) Convention, 1920 Unemployment Indemnity (Shipwreck) Convention, 1920 Placing of Seamen Convention, 1920 Medical Examination of Young Persons (Sea) Convention, 1921 Seamen's Articles of Agreement Convention, 1926 Repatriation of Seamen Convention, 1926 Officers' Competency Certificates Convention, 1936 Holidays with Pay (Sea) Convention, 1936 Shipowners' Liability (Sick and Injured Seamen) Convention, 1936 Sickness Insurance (Sea) Convention, 1936 Hours of Work and Manning (Sea) Convention, 1936 Minimum Age (Sea) Convention (Revised), 1936 Food and Catering (Ships' Crews) Convention, 1946 Certification of Ships' Cooks Convention, 1946

Social Security (Seafarers) Convention, 1946 Paid Vacations (Seafarers) Convention, 1946 Medical Examination (Seafarers) Convention, 1946 Certification of Able Seamen Convention, 1946 Accommodation of Crews Convention, 1946 Wages, Hours of Work and Manning (Sea) Convention, 1946 Paid Vacations (Seafarers) Convention (Revised), 1949 Accommodation of Crews Convention (Revised), 1949 Wages, Hours of Work and Manning (Sea) Convention (Revised), 1949 Wages, Hours of Work and Manning (Sea) Convention (Revised), 1958 Accommodation of Crews (Supplementary Provisions) Convention, 1970

Prevention of Accidents (Seafarers) Convention, 1970 Continuity of Employment (Seafarers) Convention, 1976 Seafarers' Annual Leave with Pay Convention, 1976 Merchant Shipping (Minimum Standards) Convention, 1976 (and 1996 protocol) Seafarers' Welfare Convention, 1987 Health Protection and Medical Care (Seafarers) Convention, 1987 Social Security (Seafarers) Convention (Revised), 1987 Repatriation of Seafarers Convention (Revised), 1987 Labour Inspection (Seafarers) Convention, 1996 Recruitment and Placement of Seafarers Convention, 1996 Seafarers' Hours of Work and the Manning of Ships Convention, 1996

Criticism

While the authors of MLC 2006 called it the fourth pillar of maritime policy, many seafarers themselves and industry bodies saw it as a rather weak convention which did not materially change life at sea.^[10] From this perspective, the more important parts of the convention have been placed in the non-mandatory section "B"; other issues, such as air conditioning or interpretations of what could be termed as good nutritious food, are not addressed by the convention. Some seafarers have complained that the convention does not carry any stipulations to make the crew cabins on cargo ships any bigger than they currently are and does not increase the number of cupboards or shelves, which are typically minimal on cargo ships. The convention also does not address the issues of rest hours during work or rest when joining ship; these issues are determined by crew and companies alone.^[4]

References

1. "Philippines ratification marks global milestone for decent work for seafarers". ILO. 20 August 2012. Retrieved 21 August 2012.
2. "Treaty text of the Maritime Labour Convention". ILO. Retrieved 7 May 2012.
3. "Panama and Norway ratify Maritime Labour Convention". worldmaritimenews.com. 12 February 2009. Retrieved 30 October 2010. Together the five flags represent 43 cent of the world's shipping tonnage.
4. Lavelle, Jennifer. The Maritime Labour Convention 2006: International labour law redefined (PDF). London: Informa Law Routledge. Retrieved 25 November 2014.
5. George Politakis. "ILO Maritime Labour Convention, 2006, Abstract" (PDF). 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" (PDF). UNCTAD secretariat. Retrieved 23 August 2011.
9. UK=1.4; Isle of Man=1.3; Bermuda=0.8; Cayman Islands=0.3; Gibraltar=<0.3.
10. "The International Labour Organization's Maritime Labour Convention (MLC, 2006) comes into force today". The Maritime Sun. 24 August 2013. Retrieved 25 November 2014.

External links

• ILO Convention site
• Treaty text and Ratifications (ILO)