ILO – MARITIME LABOR

CONVENTION 2006

Office of Operating and Environmental Standards

United States Coast Guard

March 2010
Talking Points

 THE MARITIME LABOR CONVENTION, 2006

 HISTORY
 THE CONVENTION
 CONTENT
MARITIME LABOR CONVENTION,
2006
 Adopted by ILO in February 2006 in Geneva,
Switzerland.
 “Fourth pillar” of the international regulatory regime.
 Comprehensive set of global standards
 Primary purpose
 Sets out seafarer’s rights to decent work conditions, and
 Create conditions of fair competition for shipowners
MLC 2006 – HISTORY
Why a new Convention?
 In response to “Globalization”
 Outdated ILO instruments
 Industry changes
 Management
 Mix nationality crews
 Open registries

 Low ratification levels

MLC 2006 – The Convention
Overview
Purpose
 To bring the system of protection contained in the existing labor
standards closer to the workers concerned, in a form consistent
with the rapidly developing, globalized sector (ensuring “decent
work”);
 To improve the applicability of the system so that the shipowners
and governments interested in providing decent conditions of
work do not have to bear an unequal burden in ensuring
protection (“level-playing field” – fair competition); and
 To provide for a more ratifiable instrument.
MLC 2006 – The Convention
Consolidation of ILO Conventions
 Consolidates the substance from 68 maritime labor
instruments
 38 Conventions and
 30 Recommendations

 Gradual phase out of the existing Conventions

 Transitional period - Non-ratifying countries will be bound by the
existing Conventions, but Conventions will be closed to further
ratification.
MLC 2006 – The Convention
Ratification
Flexibilities
 Part B is non-mandatory
 Implementation may be achieved through national laws or
regulations, through applicable collective bargaining agreements or
through other measures in practice
 Implementation of Part A of the Code may also be achieved through
measures of “substantially equivalent”
 The application of details may be relaxed to smaller ships – 200 GT
and below
 Title 3 (accommodation) will not apply to ships constructed before
the Convention comes into force
MLC 2006 – The Convention
Compliance and Enforcement
 A multi-level system for effective enforcement and
compliance
 Seafarers – properly informed of their rights
 Shipowners – develop plans to comply with the
requirements and maintain proper records of
implementation
 a certification system for conditions of “decent work”
 Flag State – Issues the Maritime Labor Certificate and Declaration of
Maritime Labor compliance ( for vessels over 500 GT)
 Port State – Control inspections
MLC 2006 – The Convention
Entry into force
Formula
 Twelve months after the ILO receives 30 instruments of
ratification equaling at least 33 percent of the world’s gross
tonnage of ships.

Why the complex formula?

 Achieve the right balance
 Numbers high enough to give legitimacy to the instrument
 but low enough to allow entry into force within five years of
adoption
 Presence of the “no more favorable treatment” provision.
MLC 2006 – The Convention
Structure
Similar to IMO’s STCW Convention
 Articles – principles and obligations
 Regulations - Standard
 Two Part Code
 Part A – Standard (mandatory)
 Part B – Guidelines (non-mandatory*)

*Note: Governments are required to consider Part B during

implementation
MLC 2006 – The Convention
Titles
 Title 1 – Minimum requirements of seafarers to work on a ship
Minimum age
Medical certificate
Training and qualifications
Recruitment and placement

 Title 2 – Conditions of employment

Seafarers’ employment agreements
Wages
Hours of work and rest
Entitlement to leave
Repatriation
Seafarers compensation for the ship’s loss
Manning levels
Career and skill development & opportunities
MLC 2006 – The Convention
Titles
 Title 3 – Accommodation, recreational facilities, food and
catering
Accommodation and recreational facilities
Food and catering

 Title 4 – Health protection, medical care, welfare and social

security protection
Medical care on board ship & ashore
Shipowners liability
Health & safety protection & accident prevention
Access to shore-based welfare facilities
Social security
MLC 2006 – The Convention
Titles
 Title 5 – Compliance and enforcement
Flag state responsibilities
Port State responsibilities
Labor-supplying responsibilities
MLC 2006 – The Convention
Next Steps
 Convention entry into force
 33 % of world’s gross tonnage of ships
 30 countries
 Initiate US TAPILS process - DOL
 Governments
 Seafarers
 Shipowners
 Recommendation on ratification
 Contact Information
Anthony Morris
Maritime Personnel Qualifications Division
Office of Operating and Environmental Standards
US Coast Guard
(202) 372-1408
Anthony.d.morris@uscg.mil

or
Mayte Medina
Chief, Maritime Personnel Qualifications Division
Office of Operating and Environmental Standards
US Coast Guard
(202) 372-1406
Mayte.Medina@uscg.mil