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MARITIME LABOUR CONVENTION 2006

FAMILIARIZATION FOR SEAFARERSSEAFARERS

Anglo Eastern Maritime Training Centre

Background Goals The Maritime Labour Convention (MLC 2006) was adopted by ILO in February 2006 It updates and consolidates 37 existing ILO convention

Objective is to:

Recruit develop motivate and retain qualified labour Recruit, develop, motivate and retain qualified labour

Prevent poor working and living conditions being an advantage

C t l l l i fi ld f hi Create a level playing field for ship-owners

Establish MLC 2006 as the 4th pillar in the international maritime regulation (together with SOLAS, MARPOL and STCW)

MLC COMES INTO FORCE WITH EFFECT FROM 20 AUGUST 2013

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Anglo-Eastern Maritime Training Centre2

Inspection & CertificationInspection & CertificationAll ships 500 tons and above in international voyage will need:

Maritime Labour Certificate (MLC)

Declaration of Maritime Labour Compliance (DMLC)

All ships shall be inspected by Flag State at an interval notexceeding 3 years, even if they are not required to carry theg y , y q yMaritime Labour Certificate.

Port State Control of a ratifying state can inspect all ships lli it tcalling its ports

MLC clearly specifies that ships from non ratifying states shall be met by the “No more favorable treatment” and will b i t d i d ith MLC i t

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be inspected in accordance with MLC requirements

Inspection & CertificationThe areas covered during inspection for compliance and certification are:

1. Minimum age

2. Medical certification

3. Qualifications of seafarers

4. Use of any licensed or certified or regulated private recruitment and placement service

5 H f k tRequirements related to ship construction and

5. Hours of work or rest

6. Manning levels for the ship

7. Accommodation

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equipment will apply only to ships constructed

on or after the date MLC 2006 comes into force.

Construction date = when its keel is laid8. On-board recreational facilities

9. Food and catering

10. Health and safety and accident prevention

Existing Ships will continue to be inspected under

ILO convention they were built (C92 / C133)

11. On-board medical care

12. On-board complaint procedures

13. Payment of wages

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14. Seafarers’ employment agreements

The Declaration of Maritime Labour Compliance (DMLC) p ( )

For purpose of certification, vessels will be inspected against the regulations of the ratifying Flag state (and not against thethe regulations of the ratifying Flag state (and not against the MLC 2006 document) and Company’s procedures to implement the Flag state regulations.

DMLC Part I shall be drawn up by the Flag State and will specifythe national requirements that the ship must comply with.

DMLC Part II shall be drawn up by the Company and will describethe procedures for implementing the DMLC Part I requirements.

These documents will be sent to the ship for their knowledge andThese documents will be sent to the ship for their knowledge andimplementation. The compliance will be verified by the Flag inspector priorissuance of Maritime Labour Certificate.

The Flag inspector will endorse DMLC Part II upon successful verification of

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The Flag inspector will endorse DMLC Part II upon successful verification ofcompliance.

Maritime Labour Certificate (MLC)Maritime Labour Certificate (MLC)The MLC shall be issued by the Flag State or a RecognizedOrganization (RO). It will be a statutory certificate for vessel 500GT and over on international voyage

MLCMLC00 22 33 55

GT and over on international voyage.

MLCMLC

= = -- 3 months3 months

=+/=+/-- 6 months6 months

Inspections shall take place at the intervals as shown above: Initial,Intermediate (between 2nd & 3rd year) and renewal within 3 months prior

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( y ) pexpiry.

Enforcement

MLC will be enforced through Port State Control action in MLC will be enforced through Port State Control action inratifying countries

Ships from non-ratifying states or with visible deficiencies willbe s bject to more detailed inspectionsbe subject to more detailed inspections

Port State Control will investigate complaints pertaining toworking and living conditions, safety and health hazards to

fseafarers Ships having serious non-conformances and / or deficiencies

may be detained in port Action taken to correct serious non-conformances and / or

deficiencies will be verified by PSC at subsequent ports toensure that this is not repeated

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The Convention consist of 4 parts

MLC 2006 – ContentThe Convention consist of 4 parts

1) The articles

2) The regulations2) The regulations

3) The Standards (part A)

4) Guidance (part B) not mandatory4) Guidance (part B) – not mandatory

The Regulations and Standards are given under 5 TitlesThe Regulations and Standards are given under 5 Titles

This book MUST be on board every ship.

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

1.1 Minimum age

1.2 Medical certificate

1.3 Training and qualifications

1 4 R it t d 1.4 Recruitment and placement

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Regulation 1.1 Minimum age

AESM HAS SET 18 YEARS AS AESM HAS SET 18 YEARS AS MINIMUM AGE

No seafarer should be on board who is less than 18

years of ageyears of age

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Regulation 1.2 Medical certificate (MC)

All seafarers to hold valid medical fitness certificates All seafarers to hold valid medical fitness certificates MC to be issued by duly qualified doctor recognized by

competent authority in a format approved by the Flag state(Evidence to be available on board)(Evidence to be available on board)

MC valid for max 2 years (person <18 years, validity 1 year) Certificate of Colour vision is valid for maximum 6 years MC shall remain valid till next port of call (NPOC) if it expires MC shall remain valid till next port of call (NPOC) if it expires

at sea Competent Authority can give permission to sail to NPOC or

max 3 months The dispensation will expire at first port of callmax 3 months. The dispensation will expire at first port of callafter sailing from the port where it has been obtained.

MC to be in English if ship is on international voyages

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Regulation 1.3 Training and qualifications

• Seafarers shall not work on a ship unless they are trained or p ycertified as competent or otherwise qualified to perform their duties.

• Seafarers shall not be permitted to work on a ship unless they have p p ysuccessfully completed training for personal safety on board ship.

• Training and certification in accordance with STCW will meet theTraining and certification in accordance with STCW will meet therequirements of this regulation

Seafarers must demonstrate theirSeafarers must demonstrate their competence to manage their job

responsibilities and safety functions

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functions.

Regulation 1.4 Recruitment and Placement

All seafarers shall only be recruited through offices and manningthrough offices and manning companies that comply with

requirements of this regulation.

Details of the FPD recruiting seafarers for the ship areseafarers for the ship are mentioned in DMLC Part II

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Title 2 - Conditions of employmentTitle 2 Conditions of employment

2.1 Seafarers’ employment agreementsp y g 2.2 Wages 2.3 Hours of work and hours of rest 2 4 Entitlement to leave 2.4 Entitlement to leave 2.5 Repatriation 2.6 Seafarer compensation for the ship’s loss

f d ior foundering 2.7 Manning levels 2.8 Career and skill development andp

opportunities for seafarers’ employment

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The following documents comprise the Seafarer Employment

Regulation 2.1 Seafarers’ employment agreements

The following documents comprise the Seafarer EmploymentAgreement Employment Contract Terms of Employment Collective Bargaining Agreement Articles of Agreement (where Flag requires them) POEA Agreement (in case of Filipino seafarers)

THESE DOCUMENTS MUST BE ON BOARD

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S fRegulation 2.1 Seafarers’ employment agreements

Copy of the seafarers’ employment agreement is alsoCopy of the seafarers employment agreement, is alsoaccessible for review by Flag state and Port State Control

Seafarers shall be given a document containing a recordSeafarers shall be given a document containing a recordof their employment on board the ship (CDC/Seaman Book)

Where a collective bargaining agreement forms all or partof an employment agreement, a copy in English of thatagreement shall be available on board.

ALL SEAFARERS MUST KNOW THE CONTENTS OF THE

AGREEMENT

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AGREEMENT

Regulation 2 2 WagesRegulation 2.2 Wages

The seafarers on board shall be paid at monthly intervals.p y

The monthly interval applies to remittance of allotments to the Bankaccount designated by them on joiningaccount designated by them on joining.

Seafarers must ensure that bank details are correct and advise thecompany in case of any delays in receipt of funds into the account.

Seafarers shall be provided with monthly account of wages. They mustp y g yverify that the amounts are in accordance with the employment contract.

Cash advance will be paid on board as per frequency given in DMLC II

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Cash advance will be paid on board as per frequency given in DMLC II

Regulation 2 3 Hours of work and hours of restRegulation 2.3 Hours of work and hours of rest

Company has chosen to adopt provisions forMINIMUM HOURS OF RESTMINIMUM HOURS OF REST

minimum hours of rest shall not be less than:(i) t h i 24 h i d d(i) ten hours in any 24-hour period; and(ii) 77 hours in any seven-day period.

R d f f ’ d il h t h ll b i t i d Records of seafarers’ daily hours rest shall be maintained.

The seafarers shall receive a copy of the records pertaining to themwhich shall be endorsed by the master and by the seafarers.

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Shipboard working arrangement shall be prominently postedshowingg

(a) the schedule of service at sea and service in port; and(b) the minimum hours of rest provided in DMLC Part I

Shipboard working arrangement shall be reviewed prior every portcall or non-routine operation to ensure that work hours areregulated to provide adequate rest to the seafarersregulated to provide adequate rest to the seafarers.

Seafarers on call (example: UMS ships) shall have adequatecompensatory rest period if they are called out beyond their normalcompensatory rest period if they are called out beyond their normalrest hours.

The amount of compensatory rest will depend on the shortfall of

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The amount of compensatory rest will depend on the shortfall ofminimum 6 hours of continuous rest within a 24 hour period.



ENSURE THAT HOURS OF WORK ENSURE THAT HOURS OF WORK AND REST ARE PROPERLY

RECORDED AND CAN BE TALLIED RECORDED AND CAN BE TALLIED WITH ACTUAL OPERATIONS OF

THE VESSEL LOG BOOKS THE VESSEL, LOG BOOKS, TRAINING RECORDS & OVERTIME

SHEETSSHEETS

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Regulation 2 4 Entitlement to leaveRegulation 2.4 Entitlement to leave

This regulations aims to ensure seafarers are able to This regulations aims to ensure seafarers are able to avail of the leave earned for period of service on

board during the 12 months commencing from the time they first join the company.t e t ey st jo t e co pa y

Entitlement to leave is mentioned in the Employment Contract and Collective Bargaining Agreements Contract and Collective Bargaining Agreements.

All Seafarers must be aware of this.

SEAFARERS MUST PLAN AND AVAIL LEAVE. EXTENSIONS MAY NOT BE GIVEN IF THEY VIOLATE

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THIS REGULATION.

Regulation 2 5 RepatriationRegulation 2.5 Repatriation

• Seafarers have a right to be repatriated at no cost to themselves except in cases of misconduct or serious default with employment obligations.

• Collective Bargaining Agreements show the terms of repatriation for the nationality of the seafarer.

S S S O SSEAFARERS MUST BE AWARE OF THE TERMS OF REPATRIATION AS GIVEN IN CBA AND

TERMS OF EMPLOYMENT

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Regulation 2 6 Seafarer compensation for the Regulation 2.6 Seafarer compensation for the ship’s loss or foundering

Th ti i ti d i th C ll ti B i i• The compensation is mentioned in the Collective Bargaining Agreement and seafarers should be aware of these.

Regulation 2.7 Manning levels

• Copy of minimum safe manning document should be displayed on notice board.

• Master should investigate in case there are repeated violations of resthours by seafarers on boardhours by seafarers on board.

• Where repeated violation of rest hours continue to occur despite proper utilization of available manpower, this should be brought to the Att ti f th S i t d t

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Attention of the Superintendent.Anglo-Eastern Maritime Training Centre

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Regulation 2.8 Career and skill development and opportunities for seafarers’ employment

This regulations gives direction to member countries to make shipping an attractive

career option for new joiners and to develop those already within the industry.those already within the industry.

No action is required from the ship staff.

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Title 3 - Accommodation, recreational

3 1 A d ti d ti l f iliti

facilities, food and catering

3.1 Accommodation and recreational facilities 3.2 Food and catering

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R l ti 3 1 A d ti d Regulation 3.1 Accommodation and recreational facilities• Accommodation should be in compliance with the ILOp

Convention that the ship was built under (ILO c92 or ILO c133)

• Accommodation must be maintained in good state of repair.Defects must be identified and rectified. All seafarers have theresponsibility to do this.

M t t t kl i ti f th d ti• Master must carry out weekly inspection of the accommodation,recreation facilities and food & catering spaces using Form D-44.Records of this inspection and findings must be properlymaintainedmaintained.

• List of recreational facilities available on board should bemaintained.

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maintained.

Regulation 3 2 Food and cateringRegulation 3.2 Food and catering

• Provisions carried should be adequate for the voyage

• Food should be prepared in hygienic conditions and be nutritiousand with variety. Menu cards to be maintained as record.

• All spaces used for storing provisions and preparation of food tobe maintained in clean and hygienic conditions.

• Cooks to be certified in accordance with Flag State requirements.Catering staff to be trained in food and personal hygiene as well ashandling and storage of food.

• Weekly inspections by Master should check all equipment andspaces used for preparing food and storage and handling of food

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and drinking water. Defects noted must be rectified without delay.

Regulation 3 2 Food and cateringRegulation 3.2 Food and catering

ENSURE THAT All food handling spaces are clean & hygienicg p yg All food handling equipment and material is clean and functional Temperatures of cold rooms are less than -18 deg c Temperatures of fridge units are between +1 & +5 deg c Temperatures of fridge units are between 1 & 5 deg c Temperature of galley is appropriate and does not cause undue sweating Food is not left uncovered Raw and cooked food is kept separately Raw and cooked food is kept separately All galley equipment is fully functional Provisions are within expiry dates (first in-first out) Stewards are trained in food handling Stewards are trained in food handling Fresh water tanks are inspected / cleaned as per DMLC Part II Fresh water is tested as per DMLC Part II Fresh water hoses are kept separate & disinfected

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Fresh water hoses are kept separate & disinfected Cooks do not prepare food if suffering from communicable illness

Title 4 - Health protection, medical care,Title 4 Health protection, medical care, welfare and social security protection

4.1 Medical care on board ship and ashore

4 2 Shi ’ li bilit 4.2 Shipowners’ liability

4.3 Health and safety protection and accident preventionprevention

4.4 Access to shore-based welfare facilities

4.5 Social security

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Regulation 4 1 Medical care on board ship and Regulation 4.1 Medical care on board ship and ashore

right to visit a qualified medical doctor or dentist without delay in ports of call right to visit a qualified medical doctor or dentist without delay in ports of call, where practicable

should include measures of a preventive character such as health promotion and health education programand health education program

standard medical report form for use prescribed by Administration on-board hospital and medical care facilities / equipment and training on ships Inspection of medicine chest at intervals not > 12 months by medical officer or Inspection of medicine chest at intervals not > 12 months by medical officer or

pharmacist (refer DMLC Part II) Person with Medicare training is the medical care provider (Master or C/Off) Person ith first aid training is the first aid pro ider (2/Off) Person with first aid training is the first aid provider (2/Off)

THE SHIP MUST COMPLY WITH THESE REQUIREMENTS

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Regulation 4 2 Ship owners’ liabilityRegulation 4.2 Ship-owners liability

The ship-owners liability in case a sick or The ship-owners liability in case a sick or injured person has to be signed off or in case of death on board is given in the Collective

B i i A tBargaining Agreement.

ALL SEAFARERS MUST BE AWARE OF THEIR ALL SEAFARERS MUST BE AWARE OF THEIR ENTITLEMENT.

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Regulation 4 3 Health and safety protection andRegulation 4.3 Health and safety protection and Accident prevention

This regulations links MLC to ISM Code and the Safety Management System.

All seafarers are responsible for inspecting,reporting and correcting unsafe conditionsand for following company standardoperating procedures for management ofsafety.safety.Accidents must be reported and investigated

to identify and address the root cause to t

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prevent recurrence.

KNOW YOUR SMS DEMONSTRATE COMPLIANCE KNOW YOUR SMS; DEMONSTRATE COMPLIANCE ENSURE

Defects are identified and recorded Unsafe conditions / acts are reported Action taken can prevent recurrence Crew is included in decision making Crew is included in decision making Safety meetings are properly held & recorded Safety inspections are held periodically St & i t h d id i k t ll d Stop & one minute hazard guide program is known to all and

used PPE is worn properly Training is done properly Information received from company / flag is circulated to all

on board & known to joiners

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on board & known to joiners

Regulation 4 4 Access to shore based welfare facilitiesRegulation 4.4 Access to shore-based welfare facilities

This regulation is more relevant to member countries requiring them to provide seafarers with welfare cultural recreational and information facilities and servicesseafarers with welfare, cultural, recreational and information facilities and servicesin the ports

Regulation 4 5 Social securityRegulation 4.5 Social security

Member countries shall ensure that all seafarers and, to the extent providedfor in its national law, their dependants have access to social security protection no less favorable than that enjoyed by shore workers

Nine branches considered for social security are: medical care, sickness benefit, unemployment benefit, old-age benefit, employment injury benefit,family benefit, maternity benefit, invalidity benefit, survivor benefit

At time of ratification, each member country shall ensure three of nine

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branches are provided by the company to every seafarerAnglo-Eastern Maritime Training Centre

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Title 5 Compliance And EnforcementTitle 5 - Compliance And Enforcement

Regulation 5.1 Flag State responsibilities

Regulation 5 2 Port State responsibilitiesRegulation 5.2 Port State responsibilities

Regulation 5.3 Labour-supplying responsibilities

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Title 5 Compliance And EnforcementTitle 5. Compliance And Enforcement

Regulation 5.1 Flag State responsibilities

• Implement an effective system for the inspection and certification of maritime labour conditions

• Authorize recognized organizations to carry out inspections or to issue certificates or to do both

• Require all ships to have a copy of the convention on board

• Ensure following ships carry MLC, complemented by a DMLC

• Consult representatives of ship-owners, seafarers and their respective organizations at regular intervals to ensure objective of convention is met

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• Require shipowners to have a complaint handling procedureAnglo-Eastern Maritime Training Centre

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On-board Complaint Handling

AESM COMPLAINT PROCEDURE IS DEFINED INAESM COMPLAINT PROCEDURE IS DEFINED IN SHIPBOARD PROCEDURE MANUAL (SBP 19.4)

All seafarers must be familiar with this procedure

All seafarers shall be provided with a copy of the procedure. Acopy should be posted on the notice board.py p

Complaints shall be resolved at the lowest level possible.Seafarers have the right to complain directly to the master andSeafarers have the right to complain directly to the master and,where they consider it necessary, to appropriate externalauthorities

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5 2 Port State responsibilities5.2 Port State responsibilities

Every foreign ship may be the subject of inspection by Port State The inspection shall, except in the circumstances specified in the Code, be

limited to a review of the maritime labour certificate and DMLC Detailed inspection may be carried out if:

• the MLC or DMLC are not produced or maintained or are falsely maintained

• there are clear grounds for believing that the working and living conditions on the ship do not conform to the requirements of this Conventionon the ship do not conform to the requirements of this Convention

• there are reasonable grounds to believe that the ship has changed flag for the purpose of avoiding compliance with this Convention

• there is a complaint alleging that specific working and living conditions on the ship do not conform to the requirements of this Convention

As a result of a detailed inspection, vessel may be detained if found notcomplying with the requirements

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Regulation 5.3 Labour-supplying responsibilities

Member countries shall enforce requirements of theMember countries shall enforce requirements of theConvention to Seafarer Recruitment and placementservices through a system of inspection and Monitoringservices through a system of inspection and Monitoringand legal proceedings for breaches of licensing or otheroperational requirements

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Please complete theMARITIME LABOUR CONVENTION 2006MARITIME LABOUR CONVENTION 2006

COURSE in

COMPETENCY MANAGEMENTCOMPETENCY MANAGEMENTSYSTEM

h l twhen on leave next

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just see

Documents

maritime labour convention

ratifying flag state

flag state regulations

date mlc

qualified labour recruit

ships lli

port state control

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