Introduction to

Maritime Labour
Convention
General Introduction
Guidance and Application

www.itfglobal.org
Session Structure
• Outline and purpose of the MLC, 2006, ITF Guide.
• General explanation of the MLC, 2006
• Reasons why the MLC, 2006 was adopted.
• The advantages of the MLC, 2006 for seafarers and
discuss the advantages of the MLC, 2006 for ITF affiliates.
• Reasons why the MLC, 2006 is different to previous
Conventions.
• The important definitions of the MLC, 2006.
• Overview of whom the MLC, 2006 applies and whom it
doesn’t apply.
• The structure of the text of the MLC, 2006 and how to
use it (articles, five titles, Regulations and Code (Part A
and B), Regulation, Standards and Guidelines).

GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www.itfglobal.org

Session Structure

 The Fundamental Rights and Principles.

• Seafarers’ Employment and Social Rights.
• Definition of Substantial Equivalence with reference to
the MLC, 2006.
• The concept of ‘No More Favourable Treatment’ in the
framework of the MLC, 2006.
• The principle of Flag Nation Standards – No Reduction in
the framework of the MLC, 2006.
• When will the Convention come into force.
• Amendments of the MLC, 2006 to this Convention as per
Article XIV and to the Code as per Article XV.

GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www.itfglobal.org

General Explanation
of the MLC, 2006
• Consolidate and update more than 60 earlier ILO Conventions
and Recommendations;
• Set minimum requirements for seafarers to work on a ship;
• Address conditions of employment, accommodation,
recreational facilities, food and catering, health protection,
medical care, welfare and social security protection;
• Promote compliance by shipowners and give governments
sufficient flexibility to implement its requirements; and
• Strengthen enforcement mechanisms, including complaint
procedures available to seafarers, the shipowners’ and
shipmasters’ supervision on their ships, the flag States’
control, and PSC of foreign ships.

GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www.itfglobal.org

Why was the
MLC, 2006 adopted?
• Many of the existing ILO instruments needed to be updated to reflect
the working conditions in the industry.
• Increased internationalisation of ship registries and “Flags of
Convenience”.
• Changes in ownership, financing and the rise of ship management
companies resulting in significant shifts in the labor market for
seafarers.
• Development of mixed nationality crews in highly organised global
network linking shipowners, ship managers and crew managers.
• A need to provide a “level playing field” and avoid exploitation of
workers.
• Increased stress and complexity in the maritime work place that has an
impact on the health and social security.

GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www.itfglobal.org

Advantages of the MLC, 2006
For Seafarers
• A comprehensive set of basic maritime labour principles
and rights as well as ILO fundamental rights.
• Convention spells out in one place and clear language
seafarers’ basic employment rights.
• Seafarers better informed of their rights and remedies
available.
• Improved enforcement of minimum working and living
conditions.
• Right to make complaints both on board and ashore.
• Clear identification of who is the shipowner with
overall responsibility.

GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www.itfglobal.org

Transition from
Previous Conventions
• The new Convention is combining the “best of the
old with the new”.
• It combines the core standards found in the existing
maritime Labour Conventions with an innovative
format aimed at achieving universal acceptance.
• It builds upon and incorporates many of the well-
established approaches developed in other major
conventions such as STCW and SOLAS.
• Unlike other ILO Conventions it does not have a
Convention number assigned to it because its text
will be amended in the future (rather than being
revised by another Convention).

GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www.itfglobal.org

Important Definitions
• Seafarer
• Ship
• Shipowner
• Competent authority
• Seafarers’ employment agreement
• Seafarer recruitment and placement service

GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www.itfglobal.org

Scope of MLC, 2006 Application
Except as expressly provided otherwise, this Convention applies:
• To all seafarers or any person who is employed or engaged on
works in any capacity on board a ship to which the Convention
applies.
• To all ships, whether publicly or privately owned, ordinarily
engaged in commercial activities except:
– Ships navigating exclusively in inland waters, close to the
coast, in sheltered waters or areas where port regulations
apply.
– Fishing vessels.
– Ships of traditional build, such as dhows and junks.
– Warships and naval auxiliaries.
• Smaller ships (below 200 GT) may be exempted.

GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www.itfglobal.org

Structure and How to Use
• The Convention is organised into three main parts: the Articles coming
first set out the broad principles and obligations;
• Followed by detailed Regulations and Code (with two parts: Parts A and
B) provisions; and
• Regulations, Standards (Part A) and Guidelines (Part B) in the Code
are integrated and 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 protection, medical care, welfare and social security
protection.
Title 5: Compliance and enforcement.

GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www.itfglobal.org

Structure and How
to Use/cont…
• Example of vertical integration (extracts)
– Regulation 1.2 – Medical certificate
Purpose: To ensure that all seafarers are medically fit to perform their
duties at sea.
1. Seafarers shall not work on a ship unless they are certified as
medically fit to perform their duties.
• …
– Standard A1.2 – Medical certificate
1. The competent authority shall require that, prior to beginning work
on a ship, seafarers hold a valid medical certificate attesting ...
• …
– Guideline B1.2 – Medical certificate
Guideline B1.2.1 – International Guidelines
1. The competent authority ... should follow…

GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www.itfglobal.org

Fundamental Rights
and Principles
Each member shall satisfy that the provisions of its law and
regulations respect, in the context of this Convention, the
fundamental rights to:
• Freedom of association.

• Effective recognition of the right to

collective bargaining.

• The elimination of all forms of

forced or compulsory labour.

• The effective abolition of child labour.

• Elimination of discrimination in respect

of employment and occupation.

GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www.itfglobal.org

Seafarers’ Employment
and Social Rights
As a bare minimum every seafarer has:
• The right to a safe and secure workplace that
complies with safety standards.
• A right to fair terms of employment.
• A right to decent working and living conditions on
board ship.
• A right to health protection, medical care, welfare
measures and other forms of social protection.

GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www.itfglobal.org

www.itfglobal.org
Substantial Equivalence
Definition: Any law, regulation, collective agreement or
other measure used by a State to implement the
requirements of the MLC, 2006 that is conducive to the full
achievement of its goals and purpose.
• The MLC, 2006 allows for a certain amount of flexibility
as to how it is put into practice. If a flag State can prove
that its approach is ‘substantially equivalent’ to the
MLC’s, 2006 requirement, i.e. it covers the basic
principles but in a different way from that set out in the
MLC, 2006, this can be acceptable for the Part A
requirements in Titles 1 - 4.
• For Title 5 there can be no substantial equivalence, the
measures for compliance and enforcement must be
followed according to the MLC.

GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www.itfglobal.org

No More Favourable Treatment
Definition: The concept which prevents ships flying flags of
States that haven’t signed the Convention from having an
unfair advantage over ships flying the flag of States that
have.
Article V establishes the principle of “no more favourable
treatment”, a principle that is also found in the key IMO
conventions:
• Essentially it requires a ratifying Member to apply
Convention standards to a foreign ship in its ports (if it
chooses to inspect the ship), even if the flag State of the
ship has not ratified the Convention.
• This may provide an incentive for ratification of the
Convention and help to secure a level playing field with
respect to employment rights.

GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www.itfglobal.org

Flag Nation Standards –
No Reduction
Recalling article 19 of the Constitution of the International
Labour Organization:

In no case shall the adoption of any Convention or

Recommendation 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 or Recommendation.

GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www.itfglobal.org

Entry into Force
• Ratification requirement of a minimum of 30 countries
representing at least one third of the world fleet in gross
tonnage.
• Twelve months after meeting this requirement, the MLC
comes into force.
• The MLC has been ratified by Liberia, the Marshall
Islands, Bahamas, Panama and Norway and many others.
• Entry into force can be expected by 2012.

GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www.itfglobal.org

Amendments of the MLC, 2006
• Amendment of the Convention (all parts - Articles,
Regulations or Code)
– Express ratification procedure.
– New concept called “deemed acceptance”
(paragraph 4) for entry into force.

• Amendments to the Code

– One of the most important innovations of the MLC
allows for the amendment of certain provisions (the
Code) through an accelerated amendment or tacit
acceptance procedure rather than express ratification.

GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www.itfglobal.org

www.itfglobal.org
Summary

Any Questions?

GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www.itfglobal.org