Maritime Labour Convention 2006

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Maritime Labour Convention 2006
A new paradigm for seafarers well-being
The Revd. Canon Ken Peters Director of Justice
Welfare The Mission to Seafarers



MtS Seminar Australia March 2010
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The Maritime Labour Convention will change this
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Why a new convention?
The standard of safety of a ship is dependent
not only on the health of the ship but more on
the health of the seafarers in charge of the
operation of the ship. M Fuazudeen
IMO Without a happy and fit crew, existing in
decent working and living conditions, the
shipping industry will be unable to meet its
requirements for safer ships in clean waters.
Bjorn Lödöen ICSW
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Why a new convention?

• Existing conventions are-
• Irrelevant to 21st century shipping
• Too few ratification to enter into force
• No provisions for enforcement
• Stop the proliferation of unilateral legislation
• Diminish the incidents of confliction laws
• Reduce confusion
• Introduction of level playing field
• Harmonise jurisdictions
• Maximise ratifications
• Consolidation exercise one stop shop

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Why a new convention?

• MLC is intended to be the fourth pillar of the
  international regulatory regime for quality
  shipping alongside and complementing the other
  key instruments,
• the International Convention for the Safety of
  Life at Sea, 1974 as amended (SOLAS),
• the International Convention on Standards of
  Training, Certification and Watchkeeping, 1978 as
  amended (STCW) and
• the International Convention for the Prevention
  of Pollution from Ships, 73/78 (MARPOL),

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MLC Overview

• for shipowners it will provide the proverbial
  level playing field that they need in the
  competitive global enterprise of shipping
• for unions it will be a bill of rights
• for maritime ministry practitioners it will be a
  companion to the Holy Bible.
• for seafarers it will provide international
  protection against exploitation and abuse.

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MLC Overview Structure
ARTICLES OF THE CONVENTION General provisions
definitions application amendment procedures
transition entry into force requirements final
provisions.
REGULATION I Pre-requisites for going to sea and
Related Provisions. Key Broad principles
REGULATION II Conditions of Employment and
Manning Conventions. Key Broad principles
REGULATION III Accommodation, Welfare
facilities, food and catering Conventions.
Key Broad principles
REGULATION V Enforcement Key Broad principles
REGULATION IV Health protection, welfare,
medical care and social security Protection
Key Broad principles
Source D. Dearsley
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MLC Overview Substance

• Employment contracts
• Repatriation rights
• Crew accommodation
• Medical care
• Food and catering
• Accident prevention
• Social Security
• Work hours
• Sickness and injury benefits
• Sea and shore based welfare facilities
• Labour-supply
• Flag State Port State enforcement

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MLC Substance
The Regulations and the Code are organised 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 protections, medical care,
  welfare and social security protection.
• Title 5 Compliance and enforcement

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MLC Substance

• Title 1 Minimum requirements for seafarers to
  work on a ship
• To ensure that no under-age persons work on a
  ship
• To ensure that all seafarers are medically fit to
  perform their duties at sea
• To ensure that seafarers are trained or qualified
  to carry out their duties on board ship
• To ensure that seafarers have access to an
  efficient well regulated seafarers recruitment
  and placement system

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MLC Substance

• Title 2 Seafarers employment agreements
• To ensure that seafarers
• have a fair employment agreement
• are paid for their services
• have regulated hours of work and hours of rest
• have adequate leave
• are able to return home
• are compensated when a ship is lost or has
  foundered
• work on board ships with sufficient personnel for
  the safe, efficient and secure operation of the
  ship and
• To promote career and skill development and
  employment opportunities for seafarers.

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MLC Substance

• Title 3 Accommodation, recreational
  facilities, food and catering.
• To ensure that seafarers have decent
  accommodation and recreational facilities on
  board
• To ensure that seafarers have access to good
  quality food and drinking water provided under
  regulated hygienic conditions

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MLC Substance

• Title 4 Health protection, medical care, welfare
  and social security protection.
• To protect the health of seafarers and ensure
  their prompt access to medical care on board ship
  and ashore
• And to ensure that
• seafarers are protected from the financial
  consequences of sickness, injury or death
  occurring in connection with their employment
• seafarers work environment on board ships promote
  occupational safety and health
• seafarers working on board a ship have access to
  shore-based facilities and services to secure
  their health and well-being
• measures are taken with a view to providing
  seafarers with access to social security
  protection

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MLC Substance

• Title 5 Compliance and enforcement
• To ensure that each member implements its
  responsibilities under this convention with
  respect to ships that fly its flag
• To enable each member to implement its
  responsibilities under this convention regarding
  international cooperation in the implementation
  and enforcement of this convention standards on
  foreign ships
• To ensure that each member implements its
  responsibilities under this convention pertaining
  to seafarers recruitment and placement and the
  social protection of seafarers.

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What is unique about the MLC?

• Significant departure from previous conventions
  in both style and structure
• Definition of seafarer Article 2
• Definition of shipowner Article 2
• Inclusion of fundamental human rights Article 3
• Implementation and enforcement Article 5
• Tacit amendment procedure Articles 14 15
• Guidelines instead of recommendations
  explanatory note to regulations code p12

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MLC Overview
Cycle of Work and Ratification
High Level Group
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The Mission to Seafarers St. Michael Paternoster
Royal College Hill London EC4R 2RL tel 44
(0) 20 7248 5202 fax [phone]
4761 e-mail justice_at_missiontoseafarers.org web
www.missiontoseafarers.org