ITF Announces MLC Implementation

and Enforcement Study

APRIL 26, 2016 BY MI NEWS NETWORK LEAVE A COMMENT

The ITF (International Transport Workers Federation) has commissioned an in depth

study into the implementation and enforcement of the ILO Maritime Labour Convention
2006 (MLC), which came into force in August 2013. The study will be carried out by
Seafarers’ Rights International (SRI).

The ITF was a major mover in the development of the MLC, which sets out
comprehensive and enforceable minimum standards for seafarers’ working and living
conditions, and which has been described as ‘the most ambitious convention ever,
covering the modern realities of working conditions on board a 21st century ship’*. The
MLC is the ‘fourth pillar’ in the maritime regulatory regime, along with Solas, Marpol and
the STCW conventions.
ITF seafarers’ section chair Dave Heindel explained: “Although the ITF is delighted that
the convention is now in force, there is a clear need for a critical evaluation of its
implementation and enforcement. Both port state control and ITF inspectors have
reported numerous breaches of the MLC. That’s why we’ve decided to commission SRI
to do a thorough study to assess its effectiveness, and identify any areas where it may
need strengthening. That study is likely to take around two years to complete.”

He continued: “The MLC is a fine, pioneering achievement of which all of those who
supported it can be proud. But there is no room for complacency. We’ve said all along
that its enforcement and effectiveness must be monitored and checked. We’re glad to
be supporting that aim.”

The ICS (International Chamber of Shipping) and the ITF had discussed a joint project,
but it was decided that the ITF would commission the study.

Press Release

Understanding the Importance of

Maritime Labour Convention (MLC)
JULY 17, 2011 BY MI NEWS NETWORK LEAVE A COMMENT

The Maritime Labour Convention (MLC) was established in the year 2006 in Geneva,
Switzerland as a part of the International Labour Organisation (ILO). The convention
was established with a view to ensure that the rights and needs of the seamen are
safeguarded and they are enabled to get what is rightfully due to them without being
exploited.

At present the maritime convention requires ratification by 30 countries engaged in

marine trade of which only 13 countries have confirmed or ratified it. Additionally, it is
required that these 30 countries, who have to be members of the ILO, have to have a
minimum stake of 33% in the international shipping sector (calculated on the basis of
share percentage of gross tonnage of ships).

Based on the ratification by all countries, the convention is expected to be brought into
active force within a year of ratification – in this case, in the year 2011 or latest by early-
2012. Some of the 13 countries that have ratified the convention are the Bahamas,
Bosnia and Herzegovina, Croatia, Switzerland, Spain, Canada and Denmark.

The Marine Labour Convention forms the fourth mainstay of the International Maritime
Organisation in terms of providing qualitative transportation in the marine areas. The
other three mainstays include the MARPOL, STCW and SOLAS conventions.

The main reason that the convention was decided to be implemented was because of
the nature and extent of trade and business activities through the marine channels.
According to statistics, nearly 90% of the international trading is carried out through the
oceanic routes, involving nearly 1.2 million people as professional seamen.
In order to unify the rights of the seamen, many concepts from both the maritime and
the international labour organisations – 68 in totality over the past eight decades – have
been amalgamated so as to create a complete and thorough law body on maritime
labour.

Some of the concepts and laws that have been taken into account for the MLC
preparation can be enumerated as follows:

1). Equal Remuneration Convention, 1951

2). Minimum Wage Convention, 1973

3). The Worst Forms of Child Labour Convention, 1999

4). The Abolition of the Forced Labour Convention, 1957

5). The labour convention also seeks to revise some of the current conventions and
laws which are part of the maritime

labour organisation. A few of these prospective revisable laws can be listed down as
follows:

 Minimum Age (Sea) Convention, 1920

 Placing of Seamen Convention, 1920

 Certification of Ships’ Cook Convention, 1946

 Hours of Work and Manning (Sea) Convention, 1936

 Seamen’s Articles of Agreement Convention, 1926

 Paid Vacations (Seafarers) Convention, 1946

  Merchant Shipping (Minimum Standards) Convention, 1976

 Recruitment and Placement of Seafarers Convention, 1996

Divided into three parts, the Articles, Regulations and the Code, the MLC is highly
detailed and lists down the rights, requirements in the form of duties and the rationales
of the countries which confirm the marine labour convention by ratifying it, in its first two
parts. In addition, the MLC also lists down the manner of implementation of the
prescribed regulations in its third and final part – the Code.

The implementation of the set and prescribed convention rules is the obligation of the
marine offices of the countries which have ratified the convention.

For this purpose, there has been established a set-up to supervise and govern the
implementation of the MLC stipulations. This set-up will also act as the mediator in case
of any troubles and conflicts posed to arise while the convention is being practically
carried out.

With the help of the Maritime Labour Convention, it has been envisioned that a
universally applicable body of law will come into force which would be a unique
achievement for the marine sector on the whole.

You may also like to read-The Importance of Port Security

Maritime Labour Convention

(MLC),2006 to Finally Come into Action
in August 2013
JANUARY 4, 2013 BY RAUNEK LEAVE A COMMENT

Maritime Labour Convention (MLC), one of the most eagerly awaited maritime
regulations, will finally enter into force on August 20th, 2013. The International Labour
Organization (ILO) on receiving the 30th ratification completed the minimum requirement
for the Maritime Labour Convention (MLC), 2006 to come into action.

With a number of advantages, the Maritime Labour Convention (MLC) comes as a big
relief for seafarers, ship owners, and governments around the world. After the
30th ratification, the convention now represents almost 60% of world’s gross tonnage
and more than 1.2 million seafarers. Decent working environment, employment
conditions, and health and medical protection are some of the main issues that would
be addressed by the much awaited convention.

With Maritime Labour Convention into action,

seafarers around the world will benefit from international standards/framework for
working and living conditions both on board ships and on shore. Under the act, all ships
of 500 tons and above will have to be certified as complying with the minimum
requirements put-forth by the Maritime Labour Convection (MLC).

The Maritime Labour Convention (MLC) is divided into 5 main titles which are:

1. Minimum Requirements for seafarers to work on ships

 Minimum age
 Medical certificate
 Training and certifications
  Recruitment and placement

2. Conditions of Employment

 Seafarer’s Employment Agreement

 Wages
 Hours of rest and hours of work
 Entitlement to leave
 Repatriation
 Seafarer compensation for ship’s loss or foundering
 Manning levels
 Career and skill development and opportunities for seafarer’s employment

3. Accommodation, Recreation, Food and Catering

 Accommodation and recreational facilities

 Food and catering

4. Health Protection, Medical Care, Welfare and Social Security Protection

 Medical care on board and ashore

 Ship owner’s liability
 Health and safety protection and accident prevention
 Access to shore based welfare facilities
 Social Security

5. Compliance and Enforcement

 Flag state responsibility

 Authorization of recognized organizations
 Maritime labour certificate and declaration of maritime labour compliance
 Inspection and enforcement
 On board compliance procedures
 Port State Responsibilities
  Marine Casualties
 Labour Supplying responsibilities

The Maritime Labour Convention (MLC) once implemented would ensure that seafarers
around the world are able to avail their basic rights in terms of working condition,
medical benefits, accommodation facilities, and social security protection.

However, the real challenge lies in the implementation of convention globally.

Certification of ships and ship owners would require substantial work, time, and
resources. The maritime industry as a whole will have to work towards effective
implementation of the convention.

Ships that are not certified or those belonging to non-ratifying states will not be able to
avail any benefits or favours and might also face difficulties while entering ports of
ratifying states.

The Maritime Labour Convention (MLC) has received tremendous support from
seafarers, ship owners, and governments around the world. As a result of this
comprehensive set of maritime labour rights and principles, it is expected that working
and living conditions of seafarers would substantially improve, making shipping a
genuinely global industry.

Read/Download the Maritime Labour Convention, 2006 here

Image Credits : Safety4Sea

15 Points Seafarers Should Consider

For Successful MLC, 2006 Survey
JUNE 2, 2014 BY DILIPAN THOMAS 2 COMMENTS
Maritime labour convention (MLC-2006), which came in to force on the 20thaugust 2013,
is a mandatory certificate for almost all types of vessels now. Every ship of 500 GT or
above and operating internationally needs to have the Maritime Labour Certificate and
Declaration of Maritime Labour Compliance.

For ship’s staff facing MLC,2006 survey for the first time, this article will help to prepare
for and face the survey successfully.

However, it is to note that MLC-2006 is for the protection and better safety and welfare
of seafarers, and therefore the preparation and inspection of the survey should be
ethical to point out sub-standard vessels and companies.

Mentioned below are few important points to consider before requesting a surveyor
onboard for inspection.
1. Ensure DMLC-part-1 and DMLC-part-2 Are Always Present On Board:Make sure
the Declaration of Maritime labour convention-2006, DMLC-part-1 and DMLC-part-2 are
signed by the company’s Designated Person Ashore (DPA) or manager and
are retained onboard. These two documents are extremely important for the inspection.
DMLC certificates must be present on board all the time.

Download: MLC Part I and Part II Declarations (Draft) (Credit: Government of Malta)

DMLC-Part 1 is to be completed by the attending surveyor and will identify the topics for
inspection, and list the relevant pieces of legislation implementing the MLC, 2006
together with any substantial equivalents and exceptions that have been granted.

DMLC-Part 2 has to be completed by the ship owner and verified by the attending
surveyor when the first inspection is completed. It details the measures adopted by the
shipowner to ensure ongoing compliance with the national requirements.

A copy of DMLC must be posted at a place on board which is accessible to all

seafarers.

2. Ensure Crew is Provided with Onboard Complaint Procedure: Crew complaint

procedure, which includes record of crew complaints, to be maintained on board.
Complaint procedure guide, with port state and flag state address, also to be displayed
where applicable and should be available for crew. Seafarers should have the right to
lodge a complaint directly with the master and also with appropriate external authorities
when necessary.

Download: Sample of Onboard Complaint Procedure

3. Ensure Signed Copy Of Seafarer Employment Certificate is Provided to All

Seafarers: Seafarer employment agreement (SEA), SEA should be in accordance with
MLC 2006. Break down of wages, deductions in wages, extension clause in case of a
crew extending his/her contract, collective bargaining agreement (CBA), crew complaint
procedure etc. are to be mentioned properly as these are main areas where SEA can
be asked to be revised.

Download: Sample of Seafarer’s Employment Certificate

4. Collective Bargain Agreement Must Be Available On board: Collective Bargain

Agreement (Usually exists between shipowner and national seafarers’ union/ITF) is one
of the most important documents which has to be retained onboard and should be
available to all crew mentioned on SEA.

This is the document which details all the terms and conditions of the crew employed on
the ship. It specifies entitlements such as pay (in the form of a wage scale), working
hours, etc.
5. Rest Hours Record Should Be Properly Maintained: Rest Hours, record of rest
hour period should be properly maintained onboard as recommended by the flag state.
Care should be taken while filling the rest hour period form and all personnel should
have minimum of 10 hrs rest period in a day and 77 hrs rest period on a week. The 10
hours rest period per day can be divided in to two periods – one of which should be at
least 6 hours continuous period of rest. For a person less than 18 years of age, night
watch or other duties at night is not allowed.

The rest hour form should be as per flag state format. Work Schedule and watch-
keeping schedule should be maintained and displayed on notice boards. This
document should have information of watch keeping while at sea and port and should
also state non-watch keeping duties carried out, and hours of rest period.
Download: Sample of Record of Rest Hours

6. Maintain Record of Wage Bills Properly: Record of Wage Bill for every month
should be maintained and Wage Slips should be readily available with all crew in time of
inspection. Both wage bill and wage slip should quote salary breakdown, tax and other
deductions if applicable.

7. Mess Committee Records- As per MLC-2006 every vessel should have a mess
committee on-board and meetings are to be conducted on regular intervals for crew
suggestions and improvement of food prepared. Record should be maintained of such
meetings. Records of safety committee,although this is a common document on every
company’s ISM plan, should be available for the inspection of surveyor.

8. Ensure Certificates of qualification and training of cooks and catering staff is

ready: Cook qualification, MLC suggests that person who is designated as cook
onboard, should be a person who is qualified as cook from a recognised institute and
should hold a Certificate of competency as cook and flag state endorsement should be
available for the same. The inspector often checks the qualification certificates of the
cook.

9. All Crew Qualification and Documents Must Be Available for Inspection–

According to MLC, all crew members working onboard should be qualified and have all
official documents as per STCW, flag state endorsements and equivalents. The
minimum age limit for a person to work on board as per MLC-2006 is Sixteen years.
Ensure all the certificates are available along with the originals for inspection if asked.

10. Valid Medical Certificate Should Be With Every Seafarer: Medical Certificates of
crew on board should be valid and meet the international standards required by ILO/
WHO guidelines and cover hearing, sight, colour vision etc. Every seafarer has to
submit medical certificate to the master. Ensure that the certificate is not expiring during
the period of voyage.
11. Safe Manning Certificate Must Be Available for Inspection: Master should make
sure the vessel is manned as per safe manning certificate issued by the flag state and a
copy of safe manning certificate must be available to the MLC surveyor inspection. The
certificate is made by the company and approved by the Flag State.

12. A Copy of Recruitment and Placement Service Certificate Should Be Available

Onboard : As per MLC a copy of agreement between the owner and RPS Company
should be available on board and the manning agency should follow the guidelines of
MLC-2006 and national labour laws for recruitment. In case of ownership employment a
licensed manning agency is not required, provided that owner has to recruit as per MLC
– 2006 and national labour laws recommendations.

13. Prepare For Crew Interview: It is the most important and critical aspect of MLC
inspection. All crew from top to bottom will be interviewed. The inspector will ask the
crew (rating) regarding working condition, food, treatment, facility on board and the
surveyor will probe the crew if he/she is satisfied and happy with wages paid. Apart from
this, crew should be aware of their SEA, CBA etc. He will also emphasise on knowledge
of crew regarding safe work practices, pollution regulations or anything related and
applicable. For successful crew interview the master can arrange a meeting prior
inspection and can give his advice and prepare the crew for inspection, (personal
opinion) but not a necessity.

14. Ensure proper Housekeeping and Cleanliness of Accommodation, Galley and

Mess room: Inspection of House Keeping and hygiene, galley, mess room, dry and
perishable provision stores, reefers, cabins and common toilets will be made by the
MLC auditor. All these places should be neat, tidy and hygienic. It is always better to
double check the toilet flushes and lights on cabins and in accommodation area,
because this might result in huge Non-conformity if these items are faulty.

The inspector might also ask regrading recreation facilities available onboard ships. He
would also check medical supplies for on board medical care of seafarers and if the
person responsible for medical care is trained properly or not.

15. All Important Certificates Must Be Available for Inspection: Copies of medical
chest certificate, deratting certificate, safety construction, crew accommodation
certificate, ship’s registry, continuous synopsis record etc. have to be available for MLC
auditor’s reference. Also make sure the IMO publications and other required documents
are present onboard at the time of survey.

Mentioned above is not an exhaustive list, but some of the most important points that
must not be forgotten at the time of MLC 2006 Survey.

Do you know any other important point that must be added to this list? Let us know in
the comments below.

More Articles on Maritime Labour Convention:

Full Stream Ahead For the Maritime Labour Convention

A Guide to Maritime Labour Convention, 2006

A Guide to Maritime Labour
Convention (MLC), 2006 for Maritime
Professionals
MAY 13, 2013 BY BIKRAM SINGH 1 COMMENT

Maritime Labour Convention (MLC), according to the ILO or International Labour

Organisation, provides a broad perspective to the seafarer’s rights and fortification at
work. The maritime regulation will finally enter into force on August 20th, 2013. Nearly
1.2 million seafarers will be affected by the terms and conditions of this human rights
act, which will lay down a set of regulations for protection at work, living conditions,
employment, health, social security and similar related issues.

On the basis of Maritime Labour Convention (MLC), the Seafarer’s Employment

Contracts will be implemented and mandated against nullifying the present employment
contracts. MLC will be similar to the other statutory certifications such
as ISM and ISPS onboard ships and the certificate will have 5 years of validity with
interim, initial and intermediate surveys. It is imperative for all seafarers to understand
the importance of Maritime Labour Convention (MLC), 2006.

Under MLC, 2006, the ship owners are required to submit a DMLC orDeclaration of
Maritime Labour Compliance to their respective flag states which form a party to the
convention. The flag states will accordingly issue the MLC Certificate to the fleet flying
their flag following, surveys, inspections, paperwork and approvals. The certificate
would be then required to be posted at a conspicuous position onboard.

Contents of MLC,2006

1. Minimum Requirements for seafarers to work on ships

 Minimum age
 Medical certificate
  Training and certifications
 Recruitment and placement

2. Conditions of Employment

 Seafarer’s Employment Agreement

 Wages
 Hours of rest and hours of work
 Entitlement to leave
 Repatriation
 Seafarer compensation for ship’s loss or foundering
 Manning levels
 Career and skill development and opportunities for seafarer’s employment

3. Accommodation, Recreation, Food and Catering

 Accommodation and recreational facilities

 Food and catering

4. Health Protection, Medical Care, Welfare and Social Security Protection

 Medical care on board and ashore

 Ship owner’s liability
 Health and safety protection and accident prevention
 Access to shore based welfare facilities
 Social Security

5. Compliance and Enforcement

 Flag state responsibility

 Authorization of recognized organizations
 Maritime labour certificate and declaration of maritime labour compliance
 Inspection and enforcement
 On board compliance procedures
  Port State Responsibilities
 Marine Casualties
 Labour Supplying responsibilities

Application of MLC,2006 to type of vessels

MLC applies to all the registered commercial vessels regardless of the flag state they
belong to. This will also include leisure and commercial yachts, which are engaged on
international voyages besides a few exceptions as stated in their circular discussing
application of MLC on types of vessels. Vessels must be over 500 GRT to carry the
MLC certificate. For vessels under 500 GRT, guidelines recommend the vessels to be
voluntarily complying with the convention and as documented by the flag states.

Compliance requirements

The flag state administration is either doing the certifying process for the MLC
certification or a Recognized Organisation (RO) maybe entitled to carry out the process
on their behalf. The authorization may include the whole process of submission of the
DMLC, inspection and ships operational verification to issuance of the MLC Certificate
or a part of it. Classification societies or other third parties which specialize as
recognized organisations are normally the service providers on behalf of the flag states.

Period of validity of the certificate

The MLC certificate may be issued for a period not exceeding five (5) years, following
thorough inspection and verifying the vessels meet the minimum requirements of the
MLC. To ascertain that the vessels which fly the flag of the member states continue
complying with the requirements and standards of the convention, the competent
authority of the flag may renew the certificate and maintain a public record for the same.
Ships that are newly built and ships undergoing change of flag would also be issued
with the certificate on interim or provisional basis for periods not exceeding six (6)
months.
Survey Requirements and Port State Control (PSC)

Initial survey and inspection will be followed diligently with other inspections such as the
intermediate inspection. Port State Control has the right to board any vessel at any
given point of time for verifying the compliance for MLC. The Port State Control
Inspectors are however entitled to detain the vessel not in compliance with the MLC
requirements. With regard to PSC, the compliance for MLC is mainly subject to
availability of the Declaration of Maritime Labour Compliance (DMLC), the MLC
certificate issued to the fleet and a plan implementing the MLC content

Time taken to get certified

One of the main requirements of complying with MLC is that every crew member is to
be in possession of an approved Seafarer Employment Agreement or SEA. The
approval has to necessarily be in conjunction with the flag state and must include
certain provisions that are required under MLC. The older seafarer’s contracts will be
replaced or used in concurrence with the SEA and be inspected upon by the PSC. In
lieu of this, time required for the certification will depend on the gap analysis, issuance
of newer Agreements and also the development of plans and manuals. Moreover, Crew
compensation and other benefits may be different for every ship owner apart from those
required by the MLC. The length of reviewing, revising and approving of the
requirements and therefore the certification time may take weeks or months together.

Fixing up or scheduling inspections

Every Flag State is wholly responsible for ensuring that the obligations under the MLC
convention are implemented correctly onboard ships flying their flags. This also means
that the flag state is responsible for correlating the subsequent measures related to
work and living conditions and forming an efficient system for the inspections and MLC
related certifications, Flag State is also entailed to appoint sufficient qualified inspectors
for executing the certification processes.
The interval between the inspections should not exceed a period of 36 months. Similar
to the ISM and ISPS certifications, MLC also requires the inspectors to conduct
examinations, tests or enquiries to verify strict compliance to the regulations of the
convention and ascertain that the deficiencies, if any, are remedied avoiding serious
breach to standards of the convention or correspond to considerable danger to the
health, safety and security of the seafarers. The inspectors also have the power to
restrain the ship to leave port until the deficiencies are corrected.

Dealing with Inspections

As stated earlier, the flag state has all the rights to withdraw the MLC Certificate if the
vessel fails to pass the mandatory inspections and its obligations. The Inspector in his
entire prowess is empowered to detain the vessel in port if it is evident that the
concerned vessel failed to implement the requirements of the MLC onboard. With the
number of inspections to increase exponentially, the number of detentions is also
believed to increase. Failed Inspections could mean heavy commercial and financial
losses for the vessel, charterers and the owners. Therefore the best way to avoid such
grave situations is to ensure that the vessels strictly adhere with the guidelines as laid
out in the MLC Convention.

Documentation required

In short, the member states require each vessel to maintain a hard copy of the
convention at all times along with the MLC certificate, a Declaration of Maritime Labour
Compliance stating the obligations of the convention that involve working and living
conditions for the seafarers and measures to put in place for the MLC compliance.

Documents required to be maintained onboard for Maritime Labour Certificate

(MLC 2006)
– Declaration of Maritime Labour Compliance, Parts I and II
– Maritime Labour Certificate
– Recent Inspection report
– Evidence proving that all seafarers onboard are above sixteen (16) years of age
– Evidence showing the crewing agencies comply with the MLC requirements
– A Medical Certificate of maximum one year validity for seafarers under 18 years of
age
– A Medical Certificate of maximum two years validity for seafarers above 18 years of
age
– Evidence proving no dangerous work or night time work being undertaken for
seafarers under 18 years of age
– A Seafarer’s Employment Agreement (SEA), signed by the seafarer and ship owner or
an authorized representative
– A copy of CBA or Collective Bargaining Act and its English version
– A valid COC or Certificate of Competency and valid training certificates for all
seafarers onboard
– Records of training in personal safety and safety meetings held onboard
– Records of all accidents, incidents, investigations and consequent analysis onboard
– Records of seafarer’s familiarisation and the records for seafarer’s rest / work hours

Further Reading: Rights of Seafarers According to Maritime Labour Convention (MLC)

The Maritime Labour Convention (MLC), 2006 is a milestone for the global maritime
industry. Once implemented, MLC is expected to enhance the life of seafarers working
offshore, along with increasing the safety and security of sea-going vessels.