Tuesday, 21 October 2014

MLC

The Maritime Labour Convention (MLC) is an International Labour Organization Convention established in 2006,

The treaty was established in 2006 as the Fourth pillar of international maritime law and 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 other "pillars are the SOLAS, STCW and
MARPOL.

Maritime Labour Convention

Content and Organization
The convention consists of the sixteen articles containing general provisions as well as the Code. The Code consists
of five Titles in which specific provisions are grouped by standard (or in Title 5: mode of enforcement):
• 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 and social security protection
• Title 5: Compliance and enforcement
For Each Title, there are general Standards, which are further specified in mandatory Regulations (list A) as well as
Guidelines (List B). Guidelines generally form a form of implementation of a Regulation according to the
requirements, but States are free to have different implementation measures. Regulations should in principle be
implemented fully, but a country can implement a "substantially equivalent" regulation, which it should declare upon
ratification.
Title 1: Minimum requirements for seafarers to work on a ship
The minimum requirements set out in this section of the code are devided in 4 parts and are summarized below:
• Minimum age requirements: the mimimum age is 16 years (18 for night work and work in hazardous areas).
• Medical fitness: workers should be medically fit for the duties they are performing. Countries should issue
medical certificates as defined in the STCW (or use a similar standard).
• Training: Seafarers should be trained for their duties as well as have had a personal safety training.
• Recruitment/placement services located in member states or for ships flying the flag of member states should have
(amongst others) proper placement procedures, registration, complaint procedures and compensation if the
recruitment fails.
Title 2: Employment conditions
The Title on employment conditions lists conditions of the contract and payments, as well as the working conditions
on ships.
• Contracts: the contract should be clear, legally enforceable and incorporate collective bargaining agreements (if
existent).
• Payments: Wages should be paid at least every month, and should be transferrable regularly to family if so
desired.
• Rest hours: rest hours should be implemented in national legislation. The maximum hours of work in that
legislation should not exceed 14 hours in any 24-hour period and 72 hours in any seven-day period, or: ten hours
in any 24-hour period and 77 hours in any seven-day period. Furthermore every day, at least six hours of rest
should be given consecutively.
• Leave: Seafarers have a right to annual leave as well as shore leave.
• Repatriation: Returning to their country of residence should be free
• Loss: If a ship is lost or foundered, the seafarers have a right to an unemployment payments.
• Manning: Every ship should have a sufficient manning level
Maritime Labour Convention 17
Title 3: Accommodation, Recreational Facilities, Food and Catering
The title specifies rules detailed rules for accommodation and recreational facilities, as well as food and catering.
• Accommodation: Accommodation for living and/or working should be "promoting the seafarers' health and
well-being". Detailed provisions (in rules and guidelines) give minimum requirements for various types of rooms
(mess rooms, recreational rooms, dorms etc).
• Food and Catering: Both food quality and quantity, including water should be regulated in the flag state.
Furthermore, cooks should have proper training.
Title 4: Health Protection, Medical Care, Welfare and Social Security Protection
Title 4 consists of 5 regulations about Health, Liability, Medical care, Welfare and Social security.
• Medical care on board ship and ashore: Seafarers should be covered for and have access to medical care while on
board; in principle at no cost and of a quality comparable to the standards of health care on shore. Countries
through which territory a ship is passing should guarantee treatment on sure in serious cases.
• Shipowners' liability: Seafarers should be protected from thefinancial effects of "sickness, injury or death
occurring in connection with their employment". This includes at least 16 weaks of payment of wages after start
of sickness.
• Health and safety protection and accident prevention: A safe and hygienic environment should be provided to
seafarers both during working and resting hours and measures should be taken to take reasonable safety measures.
• Access to shore-based welfare facilities: Port states should provide "welfare, cultural, recreational and
information facilities and services" and to provide easy access to these services. The access to these facilities
should be open to all seafarers irrespective of race, sex, religion or political opinion.
• Social security: Social security coverage should be available to seafarers (and in case it is customary in the flag
state: their relatives).

No comments:

Post a Comment