MARITIME LABOUR CONVENTION (MLC)2006

The Maritime Labour Convention (MLC) is an International Labour Organization (ILO) convention, number 186, established in 2006 as the fourth pillar of international maritime law. The other pillars are the SOLAS, STCW and MARPOL.

It embodies “all up-to-date standards of existing international maritime labour Conventions and Recommendations, as well as the fundamental principles to be found in other international labour Conventions”.

The Convention applies to all ships entering the harbours of States that are party to the Convention, as well as to all Flag states.

There were two conditions for MLC to enter into force – 30 countries must ratify it and total ratification must represent over 33% of world gross tonnage of ships. The convention entered into force on 20 August 2013.

Although the Convention has not been ratified worldwide, it has widespread effect because vessels from non-signatory States that attempt to enter ports of signatory States may face arrest and penalties for non- compliance with the MLC.

The Convention comprises three different but related parts: the Articles, the Regulations and the Code. The Articles and Regulations set out the core rights and principles and the basic obligations of Members ratifying the Convention. The Articles and Regulations can only be changed by the Conference of the Constitution of the ILO. The Code contains the details for the implementation of the Regulations. It comprises Part A (mandatory Standards) and Part B (non-mandatory Guidelines). The Code can be amended through the simplified procedure set out in the Convention.

The Regulations and the Code are organized into general areas under 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 & social security protectionTitle 5: Compliance and enforcement

The Convention has three underlying purposes:

a) to lay down, in its Articles and Regulations, a firm set of rights and principles;

b) to allow, through the Code, a considerable degree of flexibility in the way Members implement those rights and principles; and

c) to ensure, through Title 5, that the rights and principles are properly complied with and enforced.

Title 1. Minimum Requirements For Seafarers To Work On A Ship

Regulation 1.1 – Minimum age

Purpose: To ensure that no under-age persons work on a ship

No person below the minimum age of 16 shall be employed or engaged or work on a ship.
Night work of seafarers under the age of 18 shall be prohibited, except for the purpose of training. (Night work as defined in National Law and practice)
The employment, engagement or work of seafarers under the age of 18 shall be prohibited where the work is likely to jeopardize their health or safety. The types of such work shall be determined by national laws or regulations.

Regulation 1.2 – Medical certificate

Purpose: To ensure that all seafarers are medically fit to perform their duties at sea

Seafarers shall not work on a ship unless they are certified as medically fit to perform their duties. The medical certificate shall be issued by a duly qualified medical practitioner, recognized by the competent authority as qualified to issue such a certificate.
Each medical certificate shall state that the hearing and sight of the seafarer, the colour vision (where applicable) are all satisfactory and that he/she is not suffering from any medical condition likely to be aggravated by service at sea.
A medical certificate shall be valid for a maximum period of two years unless the seafarer is under the age of 18, in which case the maximum period of validity shall be one year. Certification of colour vision shall be valid for a maximum period of six years.
If a medical certificate expires during the voyage, the certificate shall continue in force until the next port of call where the seafarer can obtain a medical certificate from a qualified medical practitioner, provided that the period shall not exceed three months.

Regulation 1.3 – Training and qualifications

Purpose: To ensure that seafarers are trained or qualified to carry out their duties on board ship

Seafarers shall not work on a ship unless they are trained or certified as competent or otherwise qualified to perform their duties.
Seafarers shall not be permitted to work on a ship unless they have successfully completed training for personal safety on board ship.
Training and certification in accordance with the mandatory instruments adopted by IMO shall be considered as meeting the above requirements.

Regulation 1.4 – Recruitment and placement

Purpose: To ensure that seafarers have access to an efficient and well-regulated seafarer recruitment and placement system

All seafarers shall have access to an efficient and adequate recruitment and placement system for finding employment on board ship. For this, no charges must be levied on the seafarer.
Seafarer recruitment and placement services shall conform to the standards set out in the Code, some of which are as follows;

a) Maintain an up-to-date register of all seafarers recruited or placed through them

b) Make sure that seafarers are informed of their rights and duties under their employment agreements prior to joining

c) Make proper arrangements for seafarers to examine their employment agreements before and after they are signed and give them a copy.

d) Verify that seafarers recruited or placed are qualified and hold the documents necessary for the job concerned.

e) Ensure that the seafarers’ employment agreements are in accordance with applicable laws and regulations and any collective bargaining agreement that forms part of the employment agreement.

f) Examine and respond to any complaint concerning their activities and advise the competent authority of any unresolved complaint.

Title 2. Conditions Of Employment

Regulation 2.1 – Seafarers’ employment agreements

Purpose: To ensure that seafarers have a fair employment agreement

The terms and conditions for employment of a seafarer shall be clearly written down on a legally enforceable agreement, in accordance with the standards set out in the Code.
The agreements shall be agreed to by the seafarer with opportunity to review and seek advice on the terms and conditions in the agreement.
Seafarers’ employment agreements shall be understood to incorporate any applicable collective bargaining agreements. If so, a copy of that CBA shall be available on board.
The agreement shall be signed by the seafarer and the shipowner (or his representative) and each shall have a signed original of the same.

Regulation 2.2 – Wages

Purpose: To ensure that seafarers are paid for their services

All seafarers shall be paid for their work regularly and in full in accordance with their employment agreements.
Wages shall be paid at no greater than monthly intervals.
Seafarers shall be given a monthly account of the payments due and the amounts paid, including wages, additional payments, deductions, etc.
Shipowner must provide seafarers with a means to transmit all or part of their earnings to their families or dependants. Any charges for this service shall be a reasonable amount.
The rate of currency exchange shall be the prevailing market rate and not unfavourable to the seafarer.

Regulation 2.3 – Hours of work and hours of rest

Purpose: To ensure that seafarers have regulated hours of work or hours of rest

Each Member shall ensure that the hours of work or hours of rest for seafarers are regulated and for this, establish maximum hours of work or minimum hours of rest over given periods that are consistent with the provisions in the Code.
Normal working hours shall be based on an eight-hour day with one day of rest per week and rest on public holidays, or as per any applicable CBA.
Maximum hours of work shall not exceed: (i) 14 hours in any 24-hour period; and

(ii) 72 hours in any seven-day period.

Minimum hours of rest shall not be less than: (i) ten hours in any 24-hour period; and

(ii) 77 hours in any seven-day period.

Hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length, and the interval between consecutive periods of rest shall not exceed 14 hours.
Musters and drills shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue.
When a seafarer is on call, such as on UMS ship, the seafarer shall have an adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work.
A table of shipboard working arrangement highlighting the maximum hours of work or the minimum hours of rest shall be posted in an easily accessible place.
Records of seafarers’ daily hours of work or of their daily hours of rest shall be maintained to allow monitoring of compliance. The seafarers shall receive a copy of their rest hour’s records, endorsed by the master, or a person authorized by the master.
The master still has the right to require a seafarer to perform any hours of work necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea. For this, the master may suspend the schedule of hours of work or hours of rest and require a seafarer to perform any hours of work necessary until the normal situation has been restored. As soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest.

Regulation 2.4 – Entitlement to leave

Purpose: To ensure that seafarers have adequate leave

Seafarers shall be given paid annual leave under appropriate conditions.
Seafarers shall be granted shore leave to benefit their health and well-being.
The annual leave with pay shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment.
A seafarer taking annual leave should be recalled only in cases of extreme emergency and with the seafarer’s consent.

Regulation 2.5 – Repatriation

Purpose: To ensure that seafarers are able to return home

Seafarers have a right to be repatriated at no cost to them.
Appropriate financial security must be given to ensure that seafarers are duly repatriated in accordance with the Code.
Repatriation benefits are given when the seafarers’ employment agreement expires abroad, or when it is terminated or when the seafarers are no longer able to carry out their duties under their employment agreement.
The maximum duration of service periods on board shall be less than 12 months, following which, a seafarer must be repatriated.
All costs involved in the repatriation process must be borne by the shipowner.

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

Purpose: To ensure that seafarers are compensated when a ship is lost or has foundered

Seafarers are entitled to adequate compensation in the case of injury, loss or unemployment arising from the ship’s loss or foundering.
In such a case, the shipowner shall pay to each seafarer on board an indemnity against unemployment resulting from such loss or foundering.
The total indemnity payable to any one seafarer may be limited to two months’ wages.

Regulation 2.7 – Manning levels

Purpose: To ensure that seafarers work on board ships with sufficient personnel for the safe, efficient and secure operation of the ship

All ships must have a sufficient number of seafarers employed on board to ensure that ships are operated safely, efficiently and with due regard to security under all conditions, taking into account concerns about seafarer fatigue and the particular nature and conditions of the voyage.
Every ship shall be manned by a crew that is adequate, in terms of size and qualifications, to ensure the safety and security of the ship and its personnel, under all operating conditions, in accordance with the minimum safe manning document, and to comply with the standards of this Convention.

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

Purpose: To promote career and skill development and employment opportunities for seafarers

National policies shall be made that encourage career and skill development and employment opportunities for seafarers, in order to provide the maritime sector with a stable and competent workforce.
The aim of the policies shall be to help seafarers strengthen their competencies, qualifications and employment opportunities.
Provisions shall be made for the vocational guidance, education and training of seafarers whose duties on board ship primarily relate to the safe operation and navigation of the ship, including onboard training.

Title 3. Accommodation, Recreational Facilities, Food And Catering

Regulation 3.1 – Accommodation and recreational facilities

Purpose: To ensure that seafarers have decent accommodation and recreational facilities on board

Shipowners must provide and maintain decent accommodations and recreational facilities for seafarers on board, consistent with promoting the seafarers’ health and well-being.
The requirements which relate to ship construction and equipment apply only to ships constructed on or after the date when MLC came into force. For ships constructed before that date, the older requirements prevail.
There shall be adequate headroom in all seafarer accommodation. The minimum permitted headroom shall be not less than 203 cm. (198cm earlier)
The accommodation shall be adequately insulated.
Proper lighting and sufficient drainage shall be provided.
An individual sleeping room shall be provided for each seafarer.
Berth dimensions shall be at least 198 x 80 cm.
Atleast one toilet, one wash basin and one tub or shower for every six persons or less shall be provided.
Each sleeping room shall be provided with a washbasin having hot and cold running fresh water.
Each sleeping room shall be provided with a cloth locker and drawer of 500 litres combined capacity with means of locking
Each sleeping room shall be provided with a table or desk, with comfortable seating arrangement.
Ships carrying 15 or more seafarers and engaged in a voyage of more than three days’ duration shall provide separate hospital accommodation to be used exclusively for medical purposes.
Appropriately situated and furnished laundry facilities shall be available.
All ships shall be provided with separate offices or a common ship’s office for use by deck and engine departments.
Frequent inspections must be carried out on board ships, by or under the authority of the master, to ensure that seafarer accommodation is clean, decently habitable and maintained in a good state of repair. The results of each such inspection shall be recorded and be available for review.
There are separate rules set out for passenger ships.

Regulation 3.2 – Food and catering

Purpose: To ensure that seafarers have access to good quality food and drinking water provided under regulated hygienic conditions

Food and drinking water onboard shall be of appropriate quality, nutritional value and quantity, taking into account cultural and religious backgrounds.
Food should be provided free of charge to the seafarer during the period of engagement.
Seafarers employed as ships’ cooks with responsibility for food preparation must be trained and qualified for their position on board ship. No seafarer under the age of 18 shall be employed as a ship’s cook.
In order to ensure compliance, frequent documented inspections must be carried out on board ships, by or under the authority of the master, with respect to:
- supplies of food and drinking water
- all spaces and equipment used for the storage and handling of food and drinking water.
- galley and other equipment for the preparation and service of meals.

Title 4. Health Protection, Medical Care, Welfare And Social Security Protection

Regulation 4.1 – Medical care on board ship and ashore

Purpose: To protect the health of seafarers and ensure their prompt access to medical care on board ship and ashore

All seafarers on ships must be covered by adequate measures for the protection of their health and shall have access to adequate medical care while on board, with no cost to the seafarers.
On-board health protection and medical care shall provide seafarers with health protection as closely as possible to that which is generally available to workers ashore.
Flag State shall adopt laws and regulations to establish requirements for on- board hospital and medical care facilities and equipment and training.
All ships shall carry onboard, a medicine chest, medical equipment and a medical guide, taking into account the type of ship, the number of persons on board and the nature, destination and duration of voyages and relevant national and international recommended medical standards.
Ships carrying 100 or more persons and engaged on international voyages of more than three days’ duration shall carry a qualified medical doctor.
Ships which do not carry a medical doctor shall have atleast one seafarer on board who is in charge of medical care or at least one seafarer competent to provide medical first aid, with required training and certification.
Medical advice by radio or satellite communication, including specialist advice must be available 24 hours a day.

Regulation 4.2 – Shipowners’ liability

Purpose: To ensure that seafarers are protected from the financial consequences of sickness, injury or death occurring in connection with their employment.

Shipowners are responsible for health protection and medical care of all seafarers working on board the ships. They shall be liable to bear the costs for seafarers working on their ships in respect of sickness and injury of the seafarers occurring during the period of engagement.
Shipowners shall provide financial security to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard.
Shipowners shall be liable to pay the medical expense until the sick or injured seafarer has recovered, or until the sickness or incapacity has been declared of a permanent character.
Shipowners shall be liable to pay the cost of burial expenses in the case of death occurring during the period of engagement.
The liability of the shipowner may be limited to pay the medical expense for a period of atleast 16 weeks from the day of the injury or commencement of the sickness.
Shipowner may escape liability if injury incurred otherwise than in the service of the ship or due to willful misconduct of the seafarer.
Shipowners or their representatives shall take measures for safeguarding property left on board by sick, injured or deceased seafarers and for returning it to them or to their next of kin.

Regulation 4.3 – Health and safety protection and accident prevention

Purpose: To ensure that seafarers’ work environment on board ships promotes occupational safety and health.

Seafarers on ships shall be provided with occupational health protection and shall live, work and train on board ship in a safe and hygienic environment.
Reasonable precautions must be taken to prevent occupational accidents, injuries and diseases on board ship.
There must be provisions for inspecting, reporting and correcting unsafe conditions and for investigating and reporting on-board occupational accidents.

Regulation 4.4 – Access to shore-based welfare facilities

Purpose: To ensure that seafarers working on board a ship have access to shore-based facilities and services to secure their health and well-being

Shore-based welfare facilities, where they exist, shall be easily accessible.
Welfare facilities shall be provided in designated ports to provide seafarers on ships with access to adequate welfare facilities and services, irrespective of nationality, race, colour, sex, religion, etc.
Seafarer welfare boards may be formed to regularly review welfare facilities and services.

Regulation 4.5 – Social security

Purpose: To ensure that measures are taken with a view to providing seafarers with access to social security protection

All seafarers and their dependants have access to social security protection in accordance with the Code.
The branches to be considered with a view to achieving progressively comprehensive social security protection are:
- Medical care, sickness benefit, unemployment benefit, old-age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit and survivors’ benefit.
Atleast three of the above 9 benefits shall be given.
Fair and effective procedures for the settlement of disputes must be established.

Title 5. Compliance And Enforcement

The Regulations in this Title specify each Member’s responsibility to fully implement and enforce the principles and rights set out in the Articles of this Convention as well as the particular regulations provided under its titles.
Each Member shall implement its responsibilities as per Part A of the Code, giving due consideration to the corresponding Guidelines in Part B.

Regulation 5.1 – Flag State responsibilities

Purpose: To ensure that each Member implements its responsibilities under this Convention with respect to ships that fly its flag

Each Member is responsible for ensuring implementation of the obligations under this Convention on ships that fly its flag.
Each Member shall establish an effective system for the inspection and certification of maritime labour conditions, ensuring that the working and living conditions for seafarers meet, and continue to meet, the standards in this Convention. The Member State may authorize recognized organizations to independently carry out inspections and issue certificates. In all cases, the Member shall remain fully responsible for the inspection and certification.
Each Member shall require all ships that fly its flag to have a copy of the Convention available on board.
Each Member shall verify, by a system of regular inspections, monitoring and other control measures that the requirements for working and living conditions for seafarers are met. A sufficient number of qualified inspectors (or RO) must be appointed to fulfill these responsibilities.
Member state must ensure that the inspectors have the training, competence, powers, status and independence necessary to carry out the verification and ensure compliance.
Flag State inspections shall take place at the intervals not exceeding 3 years.
If a Member receives a complaint or obtains evidence that a ship that flies its flag does not conform to the requirements, or when serious deficiencies are found, the Member shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found. The inspector shall treat any grievance/complaint as confidential.
In case of a marine casualty leading to injury or loss of life, each Flag State so involved, shall hold an official inquiry, the final report of which shall normally be made public.
The Flag State shall give the inspectors clear guidelines as to the tasks to be performed and provide them with proper credentials. They shall be empowered to board a ship that flies the Member’s flag and to carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the standards are being strictly observed.
They must be empowered to require that any deficiency is remedied and, where they have grounds to believe that deficiencies constitute a serious breach of the requirements, to prohibit a ship from leaving port until necessary actions are taken.
Inspectors shall have the discretion to give advice instead of detaining the ship, when there is no clear breach of the requirements and where there is no prior history of similar breaches.
Inspectors shall submit a report of each inspection to the competent authority and one copy to the master of the ship. Another copy shall be posted on the ship’s notice board for the information of the seafarers.
The Flag State shall maintain records of inspections of the conditions for seafarers on ships that fly its flag. It shall publish an annual report on inspection activities within a reasonable time, not exceeding six months, after the end of the year.
When an inspection is conducted or when corrective measures are taken, all reasonable efforts shall be made to avoid a ship being unreasonably detained or delayed.
The Flag State shall carry out proper inspection and verification of compliance prior to the issuance, renewal or withdrawal of maritime labour certificate and prior to drawing up the DMLC Part 1.
The Flag State must respond to requests for information about their ships from PSC authorities.
Any Flag State inspection must ensure proper living and working conditions for the seafarers, validity of the certificate and other documents such as standard shipboard working arrangement table, medical chest certificate, medical reports, rest hours record, complaint handling procedures, etc.

CERTIFICATION:

A maritime labour certificate, complemented by a declaration of maritime labour compliance (DMLC), shall constitute prima facie evidence that the ship has been duly inspected by the Member and that the requirements of this Convention have been met.
The above requirement is applicable for all ships of 500 GT or over, engaged in international voyages, and those flying the flag of a Member and operating from a port, or between ports, in another country.
The maritime labour certificate shall be issued to a ship by the competent authority, or by a RO duly authorized for this purpose, for a period which shall not exceed five years.
Where the Member State or a RO, has ascertained through inspection that a ship meets or continues to meet the standards of this Convention, it shall issue or renew a maritime labour certificate to that effect and maintain a publicly available record of that certificate.
The validity of the maritime labour certificate shall be subject to an intermediate inspection to ensure continuing compliance with the national requirements implementing this Convention. It shall take place between the second and third anniversary dates of the certificate and shall be endorsed on the certificate.
A maritime labour certificate may be issued on an interim basis:
- to new ships on delivery;
- when a ship changes flag or ship-owner.
An interim maritime labour certificate may be issued for a period not exceeding six months, after the ship has been inspected and the shipowner has demonstrated that the ship has adequate procedures to comply with the Convention.
The declaration of maritime labour compliance shall be attached to the maritime labour certificate. It shall have two parts:
- Part I shall be drawn up by the competent authority which shall:
  1. identify the list of matters to be inspected
  2. identify national requirements for relevant provisions of the Convention
  3. refer to ship-type specific requirements under national legislation
  4. record any substantially equivalent provisions adopted
  5. clearly indicate any exemption granted by the competent authority
- Part II shall be drawn up by the shipowner and shall identify the measures adopted to ensure ongoing compliance with the national requirements between inspections and the measures proposed to ensure that there is continuous improvement. This part shall be certified by the competent authority.
A MLC certificate shall cease to be valid in any of the following cases:

If relevant inspections are not completed within the required periods. b) If the certificate is not endorsed as required.
When a ship changes flag or shipowner
When substantial changes have been made to the structure or equipment covered under Title 3.

A maritime labour certificate shall be withdrawn if there is evidence that the ship concerned does not comply with the requirements of this Convention and any required corrective action has not been taken.

ON–BOARD COMPLAINT PROCEDURES

All ships must have on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of this Convention (including seafarers’ rights).
Each Member shall prohibit and penalize any kind of ‘victimization’ of a seafarer for filing a complaint.
Any on-board complaint procedure shall seek to resolve complaints at the lowest level possible. However, in all cases, seafarers shall have a right to complain directly to the master and, where they consider it necessary, to appropriate external authorities.
The on-board complaint procedures shall include the right of the seafarer to be accompanied or represented during the complaints procedure, as well as safeguards against the possibility of victimization of seafarers for filing complaints. The term “victimization” covers any adverse action taken by any person with respect to a seafarer for lodging a complaint.
All seafarers shall be provided with a copy of the on-board complaint procedures applicable on the ship. This shall include contact information for the competent authority in the flag State and other shore-based parties.
In general, complaints should be addressed to the head of the department of the seafarer lodging the complaint. The HOD should then attempt to resolve the matter within prescribed time limits. If the HOD cannot resolve the complaint to the satisfaction of the seafarer, the latter may refer it to the master, who should handle the matter personally. If a complaint cannot be resolved on board, it should be referred ashore to the shipowner, who must be given an appropriate time limit for resolving the matter.
In all cases seafarers should have a right to file their complaints directly with the master and the shipowner and competent authorities.
All complaints and the decisions on them should be recorded and a copy provided to the seafarer concerned.

PORT STATE RESPONSIBILITIES

Purpose: To enable each Member to implement its responsibilities under this Convention regarding international cooperation in the implementation and enforcement of the Convention standards on foreign ships

Every foreign ship calling the port of a Member may be subject to MLC inspection for the purpose of reviewing compliance with the requirements of the Convention (including seafarers’ rights) relating to the working and living conditions of seafarers on the ship.
Inspections in a port shall be carried out by authorized officers or Port State control inspectors of the State. The aim of the inspection shall be monitoring ships to help ensure that the working and living conditions for seafarers on ships entering a port of the Member concerned meet the requirements of this Convention.
Each Member shall accept the maritime labour certificate and the declaration of maritime labour compliance as prima facie evidence of compliance with the requirements of this Convention. Accordingly, the inspection in its ports shall be limited to a review of the certificate and declaration.
In the following cases, inspector can carry out a more detailed inspection –
- When the required documents are not produced or maintained or are falsely maintained or that the documents produced do not contain the information required by this Convention or are otherwise invalid.
- When there are clear grounds for believing that the working and living conditions on the ship do not conform to the requirements of this Convention.
- When there are reasonable grounds to believe that the ship has changed flag for the purpose of avoiding compliance with this Convention
- When there is a complaint alleging that specific working and living conditions on the ship do not conform to the MLC requirements.
Such inspection shall in any case be carried out where the working and living conditions could be a clear hazard to the safety, health or security of seafarers or where there is a serious breach of the requirements.
In the case of a complaint, the inspection shall generally be limited to matters within the scope of the complaint, although a complaint, or its investigation, may provide clear grounds for a detailed inspection.
Where, following a more detailed inspection, the working and living conditions on the ship are found not to conform to the requirements of this Convention, the authorized officer shall forthwith bring the deficiencies to the attention of the master of the ship, with required deadlines for their rectification. In the event that such deficiencies are considered to be significant, or if they relate to a complaint made, the authorized officer shall bring the deficiencies to the attention of the appropriate seafarers’ and shipowners’ organizations in the Member State in which the inspection is carried out. He may notify a representative of the flag State and provide the competent authorities of the next port of call with the relevant information.
Where, following a more detailed inspection, a serious or repeated breach of the requirements is observed, the authorized officer shall take steps to ensure that the ship shall not proceed to sea until the deficiencies have been rectified, or until the authorized officer has accepted a plan of action to rectify such non-conformities.
If the ship is detained, the authorized officer shall notify the flag State accordingly and invite a representative of the flag State to be present, if possible, requesting the flag State to reply within a prescribed deadline. The authorized officer shall also inform appropriate shipowners’ and seafarers’ organizations in the port State in which the inspection was carried out.
When implementing their responsibilities, each Member shall make all possible efforts to avoid a ship being unduly detained or delayed. If a ship is found to be unduly detained or delayed, compensation shall be paid for any loss or damage suffered.

LABOUR-SUPPLYING RESPONSIBILITIES

Purpose: To ensure that each Member implements its responsibilities under this Convention as pertaining to seafarer recruitment and placement and the social protection of its seafarers

Along with the responsibility for the working and living conditions of seafarers, the Member also has a responsibility to ensure the implementation of the requirements of this Convention regarding the recruitment and placement of seafarers as well as the social security protection of seafarers.
Each Member shall establish an effective inspection and monitoring system for enforcing its labour-supplying responsibilities under this Convention.

ITEMS COVERED UNDER MLC INSPECTION

Minimum age
Medical certification
Qualifications of seafarers
Seafarers’ employment agreements
Use of any licensed or certified or regulated private recruitment and placement service
Hours of work or rest
Manning levels for the ship
Accommodation
On-board recreational facilities
Food and catering
Health and safety and accident prevention
On-board medical care
On-board complaint procedures
Payment of wages

Why was MLC adopted???

The MLC, 2006 was adopted by government, employer and worker representatives at a special ILO Conference, to provide international standards for the world’s first genuinely global industry. Widely known as the “seafarers bill of rights” it is unique in its effect on both seafarers and quality ship owners.
Some seafarers often had to work under unacceptable conditions, which were bad for their well-being, health and safety as well as bad for the safety of the ships on which they worked. To address this issue and many others, MLC was adopted to improve the working and living conditions of the seafarers.
It addresses many issues concerned with the seafarers’ rights such as decent working and living conditions, minimum age, employment agreements, hours of work or rest, payment of wages, paid annual leave, repatriation at the end of contract, onboard medical care, the use of licensed private recruitment and placement services, accommodation, food and catering, health and safety, social security protection, occupational health and safety, accident prevention, seafarers’ complaint handling, etc.
It was designed to be applicable globally, easy to understand, readily updatable and uniformly enforced and has so become the “fourth pillar” of the international law of the International Maritime Organization (IMO).

MLC Amendments – 2014 Amendments – Financial security

The Member State shall ensure the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment.
A seafarer shall be deemed to have been abandoned where the shipowner:
- fails to cover the cost of the seafarer’s repatriation
- has left the seafarer without the necessary maintenance and support
- has failed to pay contractual wages for a period of at least two monthsThe financial security system may be in the form of a social security scheme or insurance or a national fund or other similar arrangements.
The financial security system shall provide direct access, sufficient coverage and expedited financial assistance, to any abandoned seafarer.
Each ship shall carry on board a certificate or other documentary evidence of financial security issued by the financial security provider. A copy shall be posted in a conspicuous place on board accessible to the seafarers.

MLC Amendments – 2016 Amendments

Where a renewal inspection is completed prior to the expiry of a maritime labour certificate, and the ship is continues to be in compliance to the Convention, but a new certificate cannot immediately be issued and made available on board, then the competent authority may extend the validity of the certificate for a further period not exceeding five months from the expiry date of the existing certificate. This extended date shall be endorsed on the certificate accordingly.

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