1 introduction to mlc 2006 ilo maritime labour convention 2006 captain p. michael decharles, bs, jd,...
TRANSCRIPT
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Introduction to MLC 2006
ILO Maritime Labour Convention 2006
Captain P. Michael DeCharles, BS, JD, LLMExecutive Vice President
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Agenda• What is MLC 2006?
• Why was it created?
• Applicability? • Key players? • Certification process? • Where do we stand today?
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ILO • Agency of the United Nations
• Tri-partite structure
• Common decent work conditions
• First specialized agency of UN in 1946
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What is the Convention?• Updates and consolidates
68 existing instruments (37 Conventions and 31 recommendations)
• Adopted 23 February 2006, the MLC incorporates fundamental principles of 8 ILO Conventions
• Existing Conventions gradually phase out • Considered 4th pillar of Maritime regulations
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Why the Convention?Existing Conventions
– Outdated and not reflective of current working conditions
– High level of detail led to compliance and enforcement problems
– Relatively low ratification record
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Why the Convention?• New Convention
– Accelerated and less costly amendment procedures
– Level playing field – System to resolve complaints– Ship operational
changes
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Applicability of the Convention
•All ships (and the seafarers on these ships)
– Public and privately owned
– Ordinarily engaged in commercial activities
– Except as expressly provided*
*ships less than 200 gt
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Applicability of the Convention• Definition of “ship”
– A ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply
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Applicability of the Convention• Definition of “seafarer”
– Any person who is employed or engaged or works in any capacity onboard a ship to which the Convention applies
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Applicability of the Convention• Exceptions
– Convention does not apply to:• Ships engaged in fishing or similar pursuits
• Ships navigating exclusively in inland waters or waters within, or closely adjacent to
• Ships navigating exclusively in sheltered waters or areas where port regulations apply
• Ships of traditional build such as dhows and junks
• Warships or naval auxiliaries
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Applicability of the Convention• Applies to all ships:
– Ships 500 gt and more need to be certified and must carry a:• Maritime Labour Certificate (MLC)
• Document of Maritime Labour Compliance (DMLC) – 2 parts
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Makeup of the Convention• Articles, Regulations and the Code
• Vertically integrated
• Articles and Regulations – Set out the core rights, principles
and basic obligations of members
• Code– Details for implementation
of regulations
– Part A (mandatory standards)
– Part B (non-mandatory guidelines)
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Makeup of the Convention• Five Titles:
– 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
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Convention structureArticles & Regulations
Title 1 Title 2 Title 3 Title 4 Title 5Minimum
requirements for seafarers to work
on a ship
Conditions of Employment
Accommodation, recreational
facilities, food & catering
Health protection, medical care,
welfare & social security
Compliance & enforcement
Minimum Age
Medical Certificate
Training & Qualification
Recruitment & placement
Seafarers’ employment agreements Wages
Hours of work & rest
Entitlement to leave
Repatriation
Manning Levels
Compensation for ship’s loss or foundering
Career & Skills development
Accommodation & recreational facilities
Food & catering
Medical care on board and ashore
Ship-owners liability
Health, safety protection & accident prevention
Access to shore based facilities
Social security
Flag state responsibilities
Recognized organizations
Inspection & Enforcement
On-board compliant procedure Port state responsibilities
On-shore compliant procedure
Labor supplying responsibilities
Note: Blue font indicates elements subject to inspection by PSC
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ILO MLC 2006
ILO Member States
Competent Authority
Port State Control Flag State Control
Ship/Seafarer
Recognized Organization Shipowner
Labor Supplying Country
Key Players
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What Does this Really Mean?
• Flag specifies the requirements• Company develops a system• Company implements the system • Flag/Recognized Organization (RO)
verifies initial implementation• Company continues to implement
and seeks continuous improvement • Flag/RO periodically verifies
ongoing compliance
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Title 1:Minimum requirements for aSeafarer to work on a Ship
Title 2:Conditions of Employment
Title 3:Accommodation, recreationalfacilities, food and catering
Title 4:Health Protection, medicalcare, welfare and socialprotection
Title 5:Compliance and Enforcement
Maritime Labour Convention
Administrationimplementationof, includingequivalencies to,the ILOConventionrequirements
DLC Part 1
The proceduresby which the Ship(Company) willimplement therequirements ofthe Administration
DLC Part 2
Labour Management SystemManual
Core ILO requirements
Company requirements
MLC
Source: IACS
The Labor Management System
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Certification FlowchartActivities carried out by flag State or RO
Review ofDMLC Part IIAgainst Part I
Inspect compliancewith the Convention
Endorse DMLCPart II
Inspect workingand living conditions
Issue MaritimeLabour Certificate
(MLC)
Onshore Activity,Prior to Shipboard
Attendance
ShipboardActivity
Flag Issues DMLC Part 1
Company Prepares DMLC Part II
Flag state ratifies MLC & implements convention into its national law
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Entry Into Force• Entry into force
– 12 months after 30 members with at least 33% of world’s gross tonnage (GT) have ratified: Entry Date: 20 August 2013
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At this time Vanuatu may not be ratifying the convention, but it really does not
matter to the international registry. 。
1.VMSL will develop a Voluntary Compliance Certificate for the Maritime Labor Convention to which a Voluntary Declaration for Maritime Labor Convention shall be attached. 2.VMSL will develop Declaration of Voluntary Compliance of the Maritime Labor Convention –Part I in which the vessel owner can draft the Voluntary Declaration of
Compliance – Part II.
*****The MCL,2006 will be enforced through the back door by Port State Control. The MCL 2006 obligates States that ratify the Convention to give no more favorable treatment to ships of States that have not ratified the Convention. ***** (Article V, paragraph 7)
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