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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– Outdated and not reflective of current working conditions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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THE FLAG OF QUALITY

email@vanuatuships.commdecharles@vanuatuships.com