Training on

Maritime Labour Convention, 2006

Lisbon, 24 - 25 September 2014

IMPLEMENTATION AT NATIONAL LEVEL

THE HELLENIC CASE

MINISTRY OF SHIPPING, MARITIME AFFAIRS AND THE AEGEAN

HELLENIC COAST GUARD
LIEUTENANT HCG ANTONAKOY Vasiliki

MLC, 2006

INTEGRATED PACKAGE

Ships that fly its flag carry a

maritime labour certificate and a
declaration of maritime labour
compliance.

Establishment of a system for ensuring compliance

2
1

with the requirements of the Convention (regular

inspections, reporting, monitoring legal
proceedings )

Prohibition of violations of the Convention and establishment

of sanctions or corrective measures

Implementation and enforcement of laws or regulations or other measures

that the Member has adopted to fulfill its commitments .

Ratification of the Convention and specification of the branches for which protection is provided in
accordance with the social security provisions of the Convention (Standard A4.5, paragraph 2)

EFFICIENCY

Drafting and
adoption of
legal acts or
measures
Consultation
with the
organisations
of seafares
and
shipowners.

National
legislation
.

Conduct of
a gap
analysis.

identification

of the areas
of flexibility

UNDERSTANDING

European
legislation

MLC, 2006 CHALLENGINLY COMPLEX

Handbook: Guidance on implementing the

Maritime Labour Convention, 2006
Model National Provisions
http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---normes/documents/publication/wcms_170389.pdf

implement Part A
through provisions in its laws
and regulations or other
measures
which are substantially
equivalent to the provisions of
Part A

flexibility
mandatory requirements of many
provisions in Part A in a more
general way,
thus leaving a wider scope for
discretion as to the precise action
to be provided for
at the national level

paragraph 8 article 19 of the Constitution of the ILO

. in no case shall the adoption of any Convention by the

Conference or the ratification of any Convention by any Member
be deemed to affect any law, award, custom or agreement
which ensures more favourable conditions to the workers
concerned than those provided for in the Convention. ..
(Preamble of the Convention)

Directive 2009/ 13/ EC

the EU Members must bring into force the laws, regulations and administrative
provisions necessary to comply with this Directive or ensure that management
and labour have introduced the necessary measures by agreement in order to
comply with Directive 2009/13/EC implementing the Agreement concluded by the
European Community Shipowners Associations (ECSA) and the European
Transport Workers Federation (ETF) on the Maritime Labour Convention, 2006,
and amending Directive 1999/63/EC.
This Directive should not be used to justify a reduction in the general level of
protection of workers in the fields covered by the Agreement annexed to it.
(PREAMBLE 16)

Seafarers Organizations

CONSULTATION

categories
of persons to be regarded as seafarers
.
Categories of ships to which the Convention applies
Non application of details of the Code
only with respect to ships of less than 200 gross
..
tonnage not engaged in international voyage
to the extent that the subject matter is dealt with differently
by national laws or regulations
or collective bargaining agreements or other measures

Prescribing the nature

of the medical examination and certificate

Shipowners Organizations

EU Directives
2009/13/ EC
NOT ALLOWING
2013/54/EC
ALLOWING ONLY
FOR MONITORING

Seafarers Organizations

CONSULTATION

.
Establishing,
modifying or changing system
of licensing or certification or other form of
regulation of private seafarer recruitment and
placement services

The
.. duration of minimum notice periods to be
given by the seafarers and ship owners for the
early termination of a seafarers employment
agreement
(prerequisite not be shorter than seven days)
Establishing clear objectives 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 ongoing training.

Shipowners Organizations

Seafarers Organizations

CONSULTATION

Developing
laws and regulations for the
.
implementation of MLC, 2006 provisions
regarding accommodation and recreational
facilities
..Granting exemptions

in the case of ships of less than 3,000

gt from requirements construction
requirements
Review of laws and regulations that
relate to health and safety protection
and accident prevention.

Shipowners Organizations

CONSULTATION

Seafarers Organizations

.
Review
of laws and regulations that
relate to health and safety protection
and accident prevention

..Determination of ports appropriate

for the promotion and development

of welfare facilities.

Developing a model for fair,

expeditious and well-documented onboard complaint-handling procedures.

Shipowners Organizations

Antigua and Barbuda

Australia
Bahamas
Benin
Bosnia and Herzegovina
Bulgaria
Canada
Croatia
Cyprus
Denmark
Kiribati
Latvia
Liberia
Luxembourg
Marshall Islands
Netherlands
Norway
Palau
Panama
Philippines
Poland
Russian Federation
Saint Kitts and Nevis
Saint Vincent and the Grenadines
Singapore
Spain
Sweden
Switzerland
Togo
Tuvalu

FIRST 30 COUNTRIES TO RATIFY THE CONVENTIONthey may be

THEY CAN inspect vessels whether they are in compliance with the
requirements of the Convention. Those vessels will receive no more
favourable treatment for flying the flag of a country that has not ratified
the Convention.

TIMELINE PROJECT PLANNING

MLC, 2006
COMES IN
FORCE

HELLAS

Compliance of EU
MEMBERS with
DIR 2009/ 13/ EC

2018

Example text

Hellas has ratified the Convention

by Law No. 4078/2012 (A 179)

Regulation for the

implementation of
No. 3522.2/08/2013 Common
the requirements
of the Maritime
Ministerial Decision
Labour
Convention, 2006

Regulations for the

implementation of the

requirements of the
Maritime Labour

Convention, 2006Decision
Flag
and Port State
Obligations

No. 4113.305/01/2013
Common Ministerial

Need for slight

amendments of a
Multifarious significant number
of legal acts
legislation
No major
gaps

Adoption
of a new
set of acts

SCOPE OF FIELD

any person who is employed

or engaged or works and is
ensigned under any capacity
on board a ship to which the
National Regulation applies.

seafarers

ship
except of ships engaged in fishing
or similar pursuits activities, such
as fish farming support ships,
those characterized as traditional
in accordance with Common
Ministerial Decision
4113.203/01/13-09-2005 (B 1281)
and warships or naval auxiliaries

armed private guards,

pilots, port workers,
inspectors, repair
technicians/work
group staff are not to
be considered
seafarers

Vessels which exclusively

navigate in lakes, rivers,
canals, or in ports including
their anchorage area, in port
accesses up to three nautical
miles from their entrance or
among ports or consequent
bays in a distance that is not
beyond six nautical miles are
also excluded

Special obligations
Regulation 1.1 Standard A.1.1

Types of work likely to jeopardize the health or

safety of young seafarers
objectively beyond their physical or psychological capacity,
involving harmful exposure to agents which are toxic, carcinogenic, cause
heritable genetic damage, or harm to the unborn child or which in any
other way chronically affect human health
involving harmful exposure to radiation;
involving the risk of accidents which it cannot be recognized or avoided
by young persons owing to their insufficient attention to safety or lack of
experience or training; or in which there is a risk to health from extreme
cold or heat, or from noise or vibration.
Involving processes referred to in the Annexes of Council Directive
94/33/EC that can be found on board vessels.

Special obligations
Regulation 1.2 Standard A.1.2
Medical Certification
certificates issued under STCW are acceptable for the purpose of
the Convention (visual acuity, colour vision, hearing and type of the certificate has been
defined by STCW and Directive 2012/35/EU amending Directive 2008/106/EC on the
minimum level of training of seafarers (article 11))

The health assessment shall be free to the seafarer according to

Directive 1999/63/EC and may be conducted within the national
health system
For conducting the assessment the medical practitioner takes into
account the Guideline B1.2.1 of the Convention.
Especially seafarers signed on board as cooks are submitted in fecal
culture and parasitological test.
The medical practitioner has specialty in the area of general or
occupational medicine or pathology

Type of Medical Certificate For Signing ON

 STCW.7/Circ.16/ 2011
Administrations may continue to issue medical certificates under the 1995
STCW Amendments until 1 January 2017 or new certificates under the
provisions of the 2010 Manila Amendments

Accepted Medical Certificates

Seafarers medical certificates issued according to the International
Convention 73 of the International Labour Organization or according to
STCW International Convention (amendments 1995) are valid and
accepted up to their expiration and not beyond the 1st January 2017.
The existing Hellenic certificates, issued under the International
Convention No 73 and the International Convention STCW (amendments
1995), are accepted as above.
A certificate issued under the legislation of a country that has ratified the
MLC, 2006 is accepted for the purpose of the National Regulation.

Special obligations
Regulation 1.4 Standard A.1.4
Recruitment and placement
Our country maintains
a free public recruitment and
placement service Office
http://www.generg.gr
e mail: info@generg.gr

if seafarers were engaged through a private seafarer recruitment and

placement service based in a country that has ratified the MLC, 2006,
documentation should be available regarding any licences or certificates or
similar authorizations
if seafarers were engaged through a seafarer recruitment and placement
service based in a country that has not ratified the MLC, 2006,
documentation should be available to show that the shipowner has, as far
as practicable, verified through a proper system that the service is operated
consistently with the MLC, 2006
(e.g. audits, certification, check lists)

Special obligations
Regulation 2.1 Standard A.2.1
Seafarers employment agreements
A Seafarers Employment Agreement (SEA) is signed by both the seafarer
and the shipowner or the shipowner's representative or the master
(provided that the latter is not engaged) and takes effect by its entry/
registration in the ship's article.
Except for cases where the shipowner or the master, acting on his/her
behalf according to the national legislation, any other party contracting
with the seafarer should be able to provide documentation showing that
he/she is authorized to represent the shipowner
In case no applicable collective bargaining agreement in force exists,
seafarer's employment terms and conditions are agreed by contracting
parties and are set in the seafarer's written employment agreement
It is recommended that SEA is carried on board either in its original form
or in copy.

 The particulars of the SEA are the same as in the Convention, including the
vessels name, category, registry, tonnage and call sigh and any other terms
mutually agreed by the parties

Record of Employment

seafarers name,
date/year of birth or age,
vessels name, registry and type,
date of commencement and termination of employment,
capacity under which he/she was ensigned and the relative certificate of
competency
any other element mutually agreed by the seafarer and the master

duration of minimum periods to be given for early

termination of the employment agreement

not be shorter than seven days as in the Convention

Special obligations
Regulation 2.3 Standard A.2.3
Hours of work and hours of rest
a minimum number of hours of rest which shall be provided in
a given period of time was fixed as in the Convention
Exceptions to limits of hours of rest provided for in section AVIII/1 of STCW about fitness for duty should be construed to
mean the exceptions laid down by the Maritime Labour
Convention, 2006
standardized format of the table with the shipboard
arrangements and the record of seafarers daily rest period

MODEL FORMAT FOR TABLE OF SHIPBOARD WORKING ARRANGEMENTS

MODEL FORMAT FOR RECORD OF HOURS OF REST OF SEAFARERS

Entitlement to leave
an agreement to forgo the minimum annual leave with pay
prescribed shall be permitted in cases set in the collective
bargaining agreements
restriction stipulated in Directive 1999/63/ EC according to
which the minimum period of paid annual leave may not be
replaced by an allowance in lieu, except where the
employment relationship is terminated.

Repatriation
P + I Club Certificates including those of the IG Group shall be
accepted as meeting the requirement of the Convention
Circumstances in which seafarers are also entitled to
repatriation :
sickness and injury or other state of health that necessitates the repatriation if they
are medically fit to travel and they were not in serious default of their obligations
loss of vessel
change of the flag
public auction of the vessel
Dismissal for any cause that cannot be attributed to the seafarer
Cases set in the collective bargaining agreements or the SEA

For distances beyond 500 km the appropriate way is by air.

When the seafarer is repatriated as a crew member he/ she is

entitled to wages .

 The seafarers right to repatriation is deemed to be

the right to be repatriated in the
the country of residence; or the port from where he/she was initially embarked
the place at which the seafarer agreed to enter into the engagement;
any other place mutually agreed in the SEA.

young seafarers under the age of 18 that have served

on a ship for at least four months during their first
foreign-going voyage are repatriated at no expense if
it becomes apparent that they are unsuited to life at sea has been
incorporated in the national legislation.

Special obligations
Regulation 3.1 Standard A.3.1

Accommodation and recreational facilities

Accommodation and recreational facilities

Minimum Permitted Headroom shall not be less than
203 centimetres.
Reduction permitted to 198 centimeters in headroom in any space, or part of any
space, in such accommodation where it is satisfied that such reduction is reasonable,
and will not result in discomfort to the seafarers
Competent Directorate: The Planning and Construction Directorate of the Ministry

Exemptions granted after consultation with the social

partners a priori
In ships, other than passenger ships, of less than 500 g.t., an individual sleeping
room or a sleeping room occupied by maximum two (02) persons is provided
for officers, except for the Master and the Chief Engineer for whom an
individual sleeping room is provided.
In ships other than passenger ships of less than 3,000 g.t an individual sleeping
room or a sleeping room occupied by maximum two (02) persons is provided
for ratings. (National Regulation, article 16).

 Ships of less than 3,000 g.t. are exempted from the requirement of paragraph 9(m)
of the Standard A3.1 of the Convention; that is the master, the chief engineer and
the chief navigating officer to have, in addition to their sleeping rooms, an
adjoining sitting room, day room or equivalent additional space.
The location of sleeping rooms below the load line may be permitted by the
competent authority.
In order to provide single berth sleeping rooms, floor area may be reduced
according to the permit of the competent authority only on ships of less than
3,000 gross tonnage, passenger ships and special purpose ships.
Ships of 1600 g.t. and less are exempted from the requirement of having sanitary
facilities within easy access of the navigating bridge and the machinery space or
near the engine room control centre
Ships of less than 3,000 g.t. are exempted from the requirement to be provided
with separate offices or a common ships office for use by deck and engine
departments (National Regulation, article 23).

 hospital accommodation (article 21 of the national regulation)

The hospital is easily accessible in all weather conditions with comfortable accommodation of
patients, helps to provide immediate and adequate care and is positioned as far as possible
to ensure privacy from the noise of the engine and propeller.
The arrangement of the entrance, berths, lighting, ventilation, heating and water supply are
generally designed to ensure the comfort and facilitate the treatment of the occupants.
The entrance of hospitals are at least 75 centimeters.
Lighting is similar to other accommodation spaces.
Additionally, there is installed a portable electric examination lamp.
The number of hospital berths required cannot be less:
a.
one (01) on ships with crew up to twenty (20) members.
b.
two (02) on ships with crew up to forty (40) members
c.
three (03) by ship with crew more than forty (40) members
If the ship is provided with single dorms for all crew members, the beds of the hospital may
be reduced to one (01).
Near each bed exists a push button or telephone so as the patient to call for help.
Sanitary accommodation should be provided for the exclusive use of the occupants of the
hospital accommodation
toilet, sink and bathtub or shower, located in or near the infirmary and supplied with hot and
cold fresh water.
Cabinet available, according to the number of dormitories and a small closet for storage of
towels and bed linen.
The word Hospitalis printed indelibly on the outer side of the entrance door

On-board recreational facilities

The Master takes measures to ensure that seafarers accommodation is clean,
decently habitable and maintained in a good state of repair.
Once every 15 days the master himself/herself conducts an inspection of the
accommodation spaces and makes relevant entry in the bridge logbook.
Ships have space or spaces on open deck to which the seafarers have access when
off duty.
Ships over 3,000 gt, have separate offices or a common ship's office for use by staff
of the deck and engine room.
Ships of more than 8000 gt, have a separate room for recreation which are
equipped so as to serve the purpose for which they are intended.

Ships over 1600 gt, are equipped with library containing books updated regularly,
as well as audiovisual materials.
The shipowner ensures that the facilities and leisure services are subject to
frequent inspection in order to be appropriate in view of changes in the needs of
seafarers resulting from technical, operational and other developments in the
shipping industry,

Food and catering

The Master cares for food and drinking water of appropriate quality, nutritional value and
quantity to be provided free of charge during the period of their engagement, taking into
account the differing cultural and religious backgrounds of the seafarers.
The shipowner bears the cost of food and catering.
Tables with the provided ration are posted on board, in an easily accessible place to
seafarers.
Seafarers serving under the capacity of the cook hold appropriate documentation.
Seafarers enlisted in ships article as ships cooks shall hold the appropriate certificate issued
by the Seafarers' Training Directorate of the Ministry of Shipping, Maritime Affairs and the
Aegean (Chief Cook Certificate, Cook's License A, B or C).
Certificates issued by States, which have ratified the Convention or the Certification of Ships'
Cooks Convention, 1946 (C. 69), shall similarly be accepted.
It is the masters responsibility, on board ships, where food is prepared for seafarers, that
frequent documented inspections are carried out by a Committee of three seafarers who are
set under the authority of the master, at regular intervals and not more than thirty days with
respect to:
a. supplies of food and drinking water,
b. all spaces and equipment used for the storage and handling of food and drinking water,
c. galley and other equipment for the preparation and delivery of meals.
The results during the above inspection are recorded on the ships Logbook or relevant
documentation is maintained.

Special obligations
Regulation 4.1 Standard A4.1

Medical care adopt a standard medical report form and

 ensure that a prearranged system for medical advice is available free of charge
24hours a day.
Free medical as above by the Medical Advice Center of the Hellenic Red Cross,
which is operated by the benefit institution 'Henry Dunant Hospital

The exchange of information with the ships is conducted according to the standard
medical report form, with the exception of cases of extreme urgency.
As regarding foreign ships, the standard medical report set by the competent
authority of the flag state is accepted.
The medical report form of the International Aeronautical and Maritime Search
and Rescue (IAMSAR) Manual is also acceptable.
The form, when completed, and its contents shall be kept confidential

Special Obligations
Shipowners liability
Shipowners shall possess a written proof of financial security to meet their liability
obligations for workers compensation for accidents in case of death or long term
disability due to an occupational sickness or injury or risk
(letters of guarantee from banks or other credit institutions, contract and/ or certificate from mutual
insurance organizations, in particular of a member of the international Group of P&I clubs or other
effective forms of insurance), as it is defined in accordance with the relevant legislation, employment
agreement or any applicable collective maritime Labour agreement.

In case the language used in the above documentation of ships engaged on

international voyages or voyages between a port or ports of another State, is not
English, the text includes at least a translation in English.
Shipowners are exempted from liability in several cases.

Excluding the shipowner from liability in respect of injury or sickness due to the
wilful misconduct of the seafarer shall not affect the principle of responsibility of
the employer as provided for in Article 5 of Directive 89/391/EEC (Directive 2009/
13/ ec)

Medical care
medicine
chest

medical
supplies

Presidential Decree
376/1995 "Minimum safety
and health requirements for
improved medical treatment
on board vessels
in accordance with

Directive 92/29/EEC
of 31 March 1992

equipment

medicine and
medical guide

Special Obligations
Health and safety protection and accident prevention
Safety Committee
A committee shall be established by the master, on board a ship on which there
are five or more seafarers
Comprises by at least three seafarers, taking into account the duties and their
competencies on subjects of safety and health in order to participate in the
meetings. In the above committee the master may be included.
informed by the master about the results of the ships risk assessment.
The constitution of the safety committee is recorded in the ships Logbook and / or
The ships Safety Management System provided by the International Safety
Management Code (ISM).

 The aim of the Committee is to:

contribute to the implementation of ships occupational safety and health policies
and programmes and the prevention of accidents, injuries and illnesses on board
and to submit proposals to the master in order to be promoted to the owner so as
the above policy and programme to be improved
records and examine any observations and suggestions of other seafarers related
pertaining to the protection of occupational health and safety and prevention of
accidents.
investigates, if possible, onboard cases that are related to health protection and
occupational safety and accident prevention and proposes to the shipowner any
corrective and preventive action.
The meetings of the Committee are carried out at intervals not exceeding three
months, and whenever it is considered necessary at the discretion of the master.
Records are kept and held under the responsibility of the master; the relevant
information can be integrated into the ships Safety Management System.
None of the seafarers rights is to be affected and no adverse consequences will
occur because of their participation in the above committee and their related
activities.

Special Obligations
Health and safety protection and accident prevention
CONDUCT OF RISK EVALUATION
the shipowner takes into account:
a.
The general preventive principles
combating risk at the source, adapting work to the individual, especially regarding the design
of workplaces, and replacing the dangerous by the non dangerous or the less dangerous,
have precedence over personal protective equipment for seafarers.

b.
physical occupational health effects, including manual handling of loads, noise and
vibration, the chemical and biological occupational health effects, the mental occupational
health effects, the physical and mental health effects of fatigue, and occupational accidents.

c.

Any views of master and Safety Committee of the ship.

The risk evaluation is kept in written records availiable on board

and may be incorporated in the ships

Safety Management System.

 The competent Directorates of the Ministry of Shipping, Maritime Affairs

and the Aegean and the Hellenic Statistical Authority(EL.STAT.) ensures
that:
a. Reporting and investigation of occupational safety and health
matters is taking into account the guidance provided by the International
Labour Organization on this matter including any international or
European system or model of recording seafarers accidents adopted by
the International Labour Organisation
b. comply, analyse and publish comprehensive statistics of such
accidents and diseases and, where appropriate, make subsequent
research into the general trends and into the hazards identified.

Special Obligations
Inspection and enforcement
develop a model for fair, expeditious and well-documented onboard complaint-handling procedures for all ships (Guideline B5.1.5)
Responsibility TRANSPOSED to the shipowner to develop and maintain such
procedures
Seafarers should at all times have the right to be accompanied and to be represented
by another seafarer of their choice on board the ship concerned.
All complaints and the decisions on them are recorded and maintained onboard
for at least one year and a copy is provided to the seafarer and the shipowner
concerned if requested

SEAFARER
head of
department or
superior officer

treats the
complaint within
24 hours and, if
the conditions of
the ships activity
do not allow
and/or in case of
emergency as soon
as possible after
the restoration of
normal conditions
of the ships
operation

master
The crew is
allowed to come
forward to the
master when it
comes to matters
of complaint,
during hours
designated by him,
or in exceptional
cases at any time.

shipowner
no more than
fifteen days for
resolving the
matter, where
appropriate, in
consultation with
the seafarers
concerned or any
person they may
appoint as their
representative

Complaint Handling Procedure Contact Information

Working
Hours
Hellenic Republic
Ministry of Shipping,
Maritime Affairs and the
Aegean,
Seafarers Labour Directorate
Tel. ++30 210 419 1442
++30210 4064217
++30 210 4191295
Fax ++30 210 4137042
Email: dner@yen.gr

Non
Working
Hours
Hellenic Republic
Ministry of Shipping,
Maritime Affairs and the
Aegean
Hellenic Coast Guard
Operations Centre
tel ++30 210 4082622
fax ++ 30 210 4633096
email kepix@hcg.gr

American
Bureau of
Shipping
(ABS)

Bureau
Veritas
(BV)

DNV GL
AS

Korean
Register
of
Shipping
(KR)

Lloyd's
Register
of
Shipping
(LR)

Nippon
Kaiji
Kyokai
(NK)

Polish
Register
of
Shipping
(PRS)

Registro
Italiano
Navale
(Rina)

Special Obligations
Inspection and enforcement
Part II of the DMLC may make reference to other more comprehensive
documentation covering policies and procedures relating to other aspects
of the maritime sector, for example documents required by the
International Safety Management (ISM) Code or the information required
by Regulation 5 of the SOLAS Convention, Chapter XI-1 relating to the
ships Continuous Synopsis Record.

Special Obligations
Inspection and enforcement

The competent authority shall appoint a sufficient

number of qualified inspectors
officer of the Hellenic Coast Guard or a civilian employee of the Ministry.
For qualification and experience,
good knowledge of the English language according to the corresponding
legislation
university graduate or postgraduate degree in a field thats relevant to
shipping or a degree of a Merchant Navy Academy or of the Hellenic
Naval Academy.
Flag State Inspectors or ISM or Port State Control Officers or have working
experience of at least two years in the last five year period with the
Seafarers Labour Directorate or a respective sector of the national central
port authorities.
successfully complete a training program

Special Obligations
Inspection and enforcement

training programmes for maritime labour and

inspector and trainers

FIELDS

knowledge and comprehension of the Convention and national laws and regulations,
methods of inspection,
examining of evidence and documents,
collection and estimation of exhibits,
preparing a report,
handling a complaint and requesting a corrective action.

The competent Directorate maintains a record of

Maritime Labour Inspectors.
Maritime Labour Inspectors have been provided
with special identity document.

Any questions..

The end..?