Maritime Labour Convention

MLC, C186

Maritime Labour Convention
Ratifications of the Convention (countries in blue have ratified, but have not finished all formalities)
Drafted	7 February 2006
Signed	23 February 2006
Location	Geneva
Effective	not in force
Condition	30 ratifications; representing 33% of gross tonnage of ships
Ratifiers	26
Depositary	Director-General of the International Labour Office
Languages	French and English
Maritime Labour Convention at Wikisource

The Maritime Labour Convention (MLC) is an International Labour Organization Convention established in 2006, which has not yet entered into force as it has been ratified by only 26 of the required 30 states. Already after five ratifications the ratifying countries (Bahamas, Norway, Liberia, Marshall Islands and Panama) represented over 43% of the gross world tonnage^[1] (which is over 33%; the second requirement for entry into force).

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".^[2] The other "pillars are the SOLAS, STCW and MARPOL.

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

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).

Negotiations

After tripartite negotiations had started in 2001, the convention was adopted during the 94^th International Labour Convention in 2006. The convention received 314 votes in favour and none against by representatives of the government, employers and workers, who each held a single vote per country.^[3]

Ratifications

Counties that ratified
(cumulative by year)

The treaty has been ratified by 25 countries, many of which are large flag states in terms of the tonnage they transport. The European Union has advised its 27 members to ratify the treaty by 31 December 2010.^[4] The EU Decision provides: "Member States are hereby authorised to ratify, for the parts falling under Community competence, the Maritime Labour Convention, 2006, of the International Labour Organisation, adopted on 7 February 2006. Member States should make efforts to take the necessary steps to deposit their instruments of ratification of the Convention with the Director-General of the International Labour Office as soon as possible, preferably before 31 December 2010. As of 7 May 2012 however, only Bulgaria, Denmark, Latvia, Luxembourg, Poland, the Netherlands and Spain had done so.^[2]

Country	Date	Notes	% of world gross tonnage[5]
Antigua and Barbuda	02011-08-1111 August 2011		1.0
Australia	02011-12-2121 December 2011		<0.3
Bahamas	02008-02-1111 February 2008		5.0
Benin	02011-06-1313 June 2011		<0.3
Bosnia and Herzegovina	02010-01-1818 January 2010		<0.3
Bulgaria	02010-04-1212 April 2010		<0.3
Canada	02010-06-1515 June 2010		<0.3
Croatia	02010-02-1212 February 2010		<0.3
Denmark	02011-06-2323 June 2011		1.06 (Danish International Ship Register)
Gabon	02011-05-1212 May 2011	no declaration	<0.3
Kiribati	02011-10-2424 October 2011		<0.3
Latvia	02011-08-1212 August 2011		<0.3
Liberia	02006-06-077 June 2006		11.1
Luxembourg	02011-09-1919 September 2011		<0.3
Marshall Islands	02007-09-2525 September 2007		6.1
Netherlands	02011-12-1313 December 2011	only the European part of the Kingdom	0.6
Norway	02009-02-1010 February 2009		1.5 (Norwegian International Ship Register)
Panama	02009-02-066 February 2009		22.6
Poland	02012-05-033 May 2012		<0.3
Saint Kitts and Nevis	02012-02-2121 February 2012		<0.3
Saint Vincent and the Grenadines	02010-11-099 November 2010		0.6
Singapore	02011-06-1515 June 2011		4.8
Spain	02010-02-044 February 2010		<0.3
Switzerland	02011-02-2121 February 2011		<0.3
Togo	02012-03-1414 March 2012		<0.3
Tuvalu	02012-02-1616 February 2012		<0.3
Total: 26			Total: 56%

Effect on other conventions

The convention changes 37 ILO conventions, which means that these conventions upon entry into force of this convention will close for ratification (if not already) and that entry into force for a specific country means automatic denouncement its ratification to other conventions (if not already).

References

External links

• ILO Convention site
• Treaty text and Ratifications (ILO)