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Maritime Labour Convention, 2006

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UK ratifies the Maritime Labour Convention

The UK ratified the Maritime Labour Convention on 7 August 2013 and will enter into force on the 7 August 2014.  

To read the full text of the press release click here.

The new Convention is seen as having two primary purposes:

  • to bring the system of protection contained in existing labour standards closer to the workers concerned, in a form consistent with the rapidly developing, globalised sector;
  • to improve the applicability of the system so that shipowners and governments interested in providing decent conditions of work do not have to bear an unequal burden in ensuring protection.

The Convention was adopted by a record vote of 314 in favour and none against (two countries abstained for reasons unrelated to the substance of the Convention), after nearly two weeks of detailed review by over 1,000 participants drawn from 106 countries. This almost unprecedented level of support reflects the lengthy tripartite consultation exercise and the unswerving support that has been shown for it by the governments and workers and employers who have worked together since 2001 to develop the Convention text. It will also achieve near universal ratification because of its blend of firmness on rights and flexibility with respect to approaches to implementation of the more technical requirements and because of the advantages it gives to the ships of countries that ratify it.

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The Maritime Labour Convention 2006

The Convention is organised into three main parts: the Articles coming first set out the broad principles and obligations.

This is followed by the more detailed Regulations and Code (with two parts: Parts A and B) provisions.

The Regulations and the Standards (Part A) and Guidelines (Part B) in the Code are integrated and organised into general areas of concern under five Titles:

 

Click on the title number to see progress on the UK requirements.

Title 1: MINIMUM REQUIREMENTS FOR SEAFARERS TO WORK ON A SHIP

  • Regulation 1.1 Minimum Age

  • Regulation 1.2 Medical Certificate

  • Regulation 1.3 Training and qualifications

  • Regulation 1.4 Recruitment and placement

Title 2: CONDITIONS OF EMPLOYMENT

  • Regulation 2.1 Seafarers' employment agreements

  • Regulation 2.2 Wages

  • Regulation 2.3 Hours of work and hours of rest

  • Regulation 2.4 Entitlement to leave

  • Regulation 2.5 Repatriation

  • Regulation 2.6 Seafarer compensation for the ship's loss or foundering

  • Regulation 2.7 Manning levels

  • Regulation 2.8 Career and skill development and opportunities for seafarers' employment

Title 3: ACCOMMODATION, RECREATIONAL FACILITIES, FOOD AND CATERING

  • Regulation 3.1 Accommodation and recreational facilities

  • Regulation 3.2 Food and catering

Title 4: HEALTH PROTECTION, MEDICAL CARE WELFARE AND SOCIAL SECURITY PROTECTION

  • Regulation 4.1 Medical care on board ship and ashore

  • Regulation 4.2 Shipowners' liability

  • Regulation 4.3 Health and safety protection and accident prevention

  • Regulation 4.4 Access to shore-based welfare facilities

Title 5: COMPLIANCE AND ENFORCEMENT

  • Regulation 5.1 Flag State responsibilities

  • Regulation 5.1.3 Maritime labour certificate and declaration of maritime labour compliance

  • Regulation 5.1.4 Inspection and enforcement

  • Regulation 5.1.5 On-board complaints procedures

  • Regulation 5.2 Port State responsibilities

  • Regulation 5.2.2 Onshore seafarer complaint-handling procedures

                View  FREQUENTLY ASKED QUESTIONS

These five Titles essentially cover the same subject matter as the existing 68 maritime labour instruments, updating them where necessary.

It occasionally contains new subjects, particularly in the area of occupational safety and health to meet current health concerns, such as the effects of noise and vibration on workers or other workplace risks.

The provisions relating to flag State inspections, the use of recognised organisations” and the potential for inspections in foreign ports (port State control) in Title 5 are based on existing maritime labour Conventions; however, the new Convention builds upon them to develop a more effective approach to these important issues, consistent with other international maritime Conventions that establish standards for quality shipping with respect to issues such as ship safety and security and protection of the marine environment.

The Convention does not apply to:

  • ships which navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply;
  • ships engaged in fishing;
  • ships of traditional build such as dhows and junks;
  • warships or naval auxiliaries.

UK progress following ratification

The MCA is continuing to work to finalise the regulations and guidance which will be completed and published before the end of the year.

(Last updated 11 September 2013)

To see which countries have ratified to date click here

Enforcement

The new Convention is intended to achieve more compliance by operators and owners of ships and to strengthen enforcement of standards through mechanisms which operate at all levels.

For example, it contains provisions for:

  • complaint procedures available to seafarers;
  • shipowners’ and shipmasters’ supervision of conditions on their ships;
  • flag States’ jurisdiction and control over their ships;
  • port State inspections of foreign ships.
  • By requiring ratifying Members not only to implement the Convention in the national laws but also to document their implementation, the Convention should also enhance the effectiveness of the supervision carried out at the international level, especially by the competent bodies of the ILO.

Contact Details :

Neil Atkinson - Survey Operations ManagerTel : 02380 329 549
Julie Carlton - Head of Seafarer Safety & Health BranchTel : 02380 329 216
email : mlc@mcga.gov.uk

Useful Links

The MLC 2006

http://www.ilo.org/global/standards/maritime-labour-convention/lang--en/index.htm

Frequently asked Questions

http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---normes/documents/publication/wcms_177371.pdf

Flag State Guidelines Adobe Acrobat PDF Document Icon (PDF 399KB)

Port State Guidelines Adobe Acrobat PDF Document Icon (PDF 320KB)

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