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Maritime Labour Convention 2006 DNV PDF
Maritime Labour Convention 2006 DNV PDF
9 November, 2010
Agenda
DNV Standard
Summary
9 November, 2010
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Background
The Maritime Labour Convention (MLC 2006) was adopted by ILO in
February 2006
Tripartite consultation GOVERNMENT
318 delegates
314 voted for, no vote against the convention and only two countries
(4 delegates) abstained
9 November, 2010
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The Maritime Labour Convention 2006
9 November, 2010
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Entry into Force & Status
33 % of world tonnage
Status today
ILO work and coordination
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MLC Status
Tonnage requirement
already met
Large Flag States such as
Liberia, Marshall Islands,
Bahamas, Panama and Norway
have already ratified the
Convention
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The challenges of MLC 2006
1. Knowing the requirements of the Convention
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MLC Scope
The Convention applies to all
Ships
whether publicly or privately owned,
ordinarily engaged in commercial activities,
except …
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Scope
The Convention applies to all
Seafarers
9 November, 2010
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MLC Scope
Responsibility
Shipowner
9 November, 2010
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MLC 2006 – Content
1 2
1. Minimum requirements
for seafarers to work on a ship
Minimum age
Medical certificate
Training and qualifications
Recruitment and placement
2. Conditions of employment
Seafarers’ employment agreements
Wages [no minimum wage set in the Convention]
Hours of work and hours of rest
Entitlement to leave
Repatriation
Seafarer compensation for the ship’s loss or foundering
Manning levels
Career and skill development and opportunities for seafarers’ employment
9 November, 2010
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MLC 2006 – Content
1 2
9 November, 2010
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MLC and DMLC
All ships 500 tons and above in international trade will need:
Ships from non ratifying states shall be met by the “No more favorable
treatment” clause when entering the ports of a ratifying state.
Shipowners operating other ships have the right to request Certification
[All ships within the scope of the MLC 2006 shall be inspected]
9 November, 2010
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Certification and Inspection
If only one intermediate inspection is carried out and the period of validity of the
certificate is five years, it shall take place between the second and third
anniversary dates of the certificate
Inspection:
Inspections shall take place at the intervals as shown above, but for other ships,
the interval shall in no case exceed three years.
9 November, 2010
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Port State responsibilities
Inspections in port
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The Maritime Labour Convention
The working and living conditions that must be inspected and approved before certifying a ship :
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. Hours of work or rest
6. Manning levels for the ship
7. Accommodation
8. On-board recreational facilities
9. Food and catering
10. Health and safety and accident prevention
11. On-board medical care
12. On-board complaint procedures
13. Payment of wages
14. Seafarers’ employment agreements
Additional requirements must also be complied with
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Areas with special Challenges
Within one year after the Convention enters into force, private recruitment and placement
services (Crew Manning Offices) must be licensed, certified or otherwise regulated in
order to ensure compliance with requirements in the Convention
The competent authority shall: closely supervise and control
Any licences or certificates or similar authorizations shall be granted or renewed only after
verification of compliance with the requirements of national laws and regulations
The shipowner will be responsible for, as far as reasonable, ensuring compliance when
using services in a non ratifying state
We are confident that government agencies (for both Flag States and Labour Supplying
Countries) and companies in order to ensure effective compliance and operation, must
develop measures, procedures and training
9 November, 2010
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DNV’s Solution for: Authorities, shipowners and CMOs
DNV has developed solutions for all challenges based on the “Standard for
Certification of Crew Manning Offices, Private Recruitment and Placement Services
– 3.404” published October 2007
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Crew Manning Office Part 1 (CMO)
Application and Certification
- Based upon ISO, but more fitted for the maritime industry
- 5 year Certificate
- Annual Audits
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Crew Manning Office Part 1 (CMO)
Requirements for Crew Manning offices
Management Responsibility
- Policy and Objectives
- Managements Representatives
- Review
- Improvement
- Non-conforming seafarers
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Crew Manning Office Part 1 (CMO)
Quality Manual, document and Data Control
- Quality Manual
Manning Agreement
- Review of Manning Agreement
- Development/modification of services
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Crew Manning Office Part 1 (CMO)
Evaluation of Suppliers e.g.:
- Travel Agents
- Computer Software
- Training Suppliers
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Crew Manning Office Part 1 (CMO)
Communication
- Accident and Near Miss reports
- Training scheme, seminars etc.
- Assessment reports
Emergency Procedures
- Plans and Procedures for effective communication
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Crew Manning Office Part 1 (CMO)
Resources
- Minimum competency requirement to be defined
- Necessary infrastructure needed
Customer Property
- Training Records
- Certificates
- Ship Drawings and Documentation
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Private Recruitment and Placement Services (RPS) Part 2
- Annual Audits
9 November, 2010
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Private Recruitment and Placement Services (RPS) Part 2
Requirements from the Maritime Labour Convention 2006
- Fees
- Data Register
- Age Limit
- Information on Rights and Duties
- Employment Agreement
- Qualifications
- Medical Certificates
- Shipowner’s means
- Complaints
- Compensation for monetary loss
- Advice regarding employment on non-MLC ships
- Obligations and responsibilities of shipowners and Flag States
- Prevention of exploitation
- Seafarers document
9 November, 2010
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Certificates
Certificate for Part 1
Combined Certificate
9 November, 2010
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Crew Manning Offices and DNV Services
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The first in the World
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Summary
Entry into force expected in 2011
Upon entry into force all CMOs/Private Recruitment and Placement Services
must be licensed, certified or otherwise regulated
Procedures must be in place to facilitate:
ª Close supervise and control
ª Verification of compliance with the requirements of national laws and regulations
ª Shipowner responsibility for, as far as reasonable, ensure compliance when using
services in a non ratifying state
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Safeguarding life, property
and the environment
www.dnv.com
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