Maritime Labour Convention
Encyclopedia
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 20 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 (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". The other "pillars are the SOLAS, STCW
and MARPOL.
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.
negotiations had started in 2001, the convention was adopted during the 94th 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.
s in terms of the tonnage they transport. The European Union
has advised its 27 members to ratify the treaty by 31 December 2010. 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 30 October 2011 however, only Bulgaria, Denmark, Latvia, Luxembourg and Spain had done so.
International Labour Organization
The International Labour Organization is a specialized agency of the United Nations that deals with labour issues pertaining to international labour standards. Its headquarters are in Geneva, Switzerland. Its secretariat — the people who are employed by it throughout the world — is known as the...
Convention established in 2006, which has not yet entered into force as it has been ratified by only 20 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 (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". The other "pillars are the SOLAS, STCW
STCW
The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers , 1978 sets qualification standards for masters, officers and watch personnel on seagoing merchant ships. STCW was adopted in 1978 by conference at the International Maritime Organization in...
and MARPOL.
Content and Organization
The convention consists of the sixteen articles containing general provisions as well as the Code. The Code consists of for 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 STCWSTCWThe International Convention on Standards of Training, Certification and Watchkeeping for Seafarers , 1978 sets qualification standards for masters, officers and watch personnel on seagoing merchant ships. STCW was adopted in 1978 by conference at the International Maritime Organization in...
(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 enforceble 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 anual 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
Negotiations
After tripartiteTripartism
Tripartism refers to economic corporatism based on tripartite contracts of business, labour, and state affiliations within the economy. Each is to act as a social partner to create economic policy through cooperation, consultation, negotiation, and compromise...
negotiations had started in 2001, the convention was adopted during the 94th International Labour Convention in 2006. The convention received 314 votes in favour and none against by representatives of the government, employers
Employers' organization
An employers' organization, employers' association or employers' federation is an association of employers. A trade union, which organizes employees is the opposite of an employers' organization...
and workers, who each held a single vote per country.
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).- Minimum Age (Sea) Convention, 1920
- Unemployment Indemnity (Shipwreck) Convention, 1920Unemployment Indemnity (Shipwreck) Convention, 1920Unemployment Indemnity Convention, 1920 is an International Labour Organization Convention.It was established in 1920:Having decided upon the adoption of certain proposals with regard to the "supervision of articles of agreement; provision of facilities for finding employment for seamen;...
- Placing of Seamen Convention, 1920Placing of Seamen Convention, 1920Placing of Seamen Convention, 1920 is an International Labour Organization Convention.It was established in 1920:Having decided upon the adoption of certain proposals with regard to the "supervision of articles of agreement; provision of facilities for finding employment for seamen; application to...
- Medical Examination of Young Persons (Sea) Convention, 1921Medical Examination of Young Persons (Sea) Convention, 1921Medical Examination of Young Persons Convention, 1921 is an International Labour Organization Convention.It was established in 1921:Having decided upon the adoption of certain proposals with regard to the compulsory medical examination of children and young persons employed at sea,...- External...
- Seamen's Articles of Agreement Convention, 1926Seamen's Articles of Agreement Convention, 1926Seamen's Articles of Agreement Convention, 1926 is an International Labour Organization Convention.It was established in 1926:Having decided upon the adoption of certain proposals with regard to seamen's articles of agreement,...- Ratifications:...
- Repatriation of Seamen Convention, 1926Repatriation of Seamen Convention, 1926Repatriation of Seamen Convention, 1926 is an International Labour Organization Convention.It was established in 1926.- Ratifications:- External links :* official ILO site.*.*....
- Officers' Competency Certificates Convention, 1936Officers' Competency Certificates Convention, 1936Officers' Competency Certificates Convention, 1936 is an International Labour Organization Convention.It was established in 1936, with the preamble stating:...
- Holidays with Pay (Sea) Convention, 1936Holidays with Pay (Sea) Convention, 1936Holidays with Pay Convention, 1936 is an International Labour Organization Convention.It was established in 1936, with the preamble stating:Having decided upon the adoption of certain proposals with regard to holidays with pay for seamen,......
- Shipowners' Liability (Sick and Injured Seamen) Convention, 1936Shipowners' Liability (Sick and Injured Seamen) Convention, 1936Shipowners' Liability Convention, 1936 is an International Labour Organization Convention.It was established in 1936, with the preamble stating:...
- Sickness Insurance (Sea) Convention, 1936Sickness Insurance (Sea) Convention, 1936Sickness Insurance Convention, 1936 is an International Labour Organization Convention.It was established in 1936, with the preamble stating:Having decided upon the adoption of certain proposals with regard to sickness insurance for seamen,......
- Hours of Work and Manning (Sea) Convention, 1936Hours of Work and Manning (Sea) Convention, 1936The Convention concerning Hours of Work on Board Ship and Manning or Hours of Work and Manning Convention, 1936 is an International Labour Organization Convention which never entered into force...
- Minimum Age (Sea) Convention (Revised), 1936
- Food and Catering (Ships' Crews) Convention, 1946Food and Catering (Ships' Crews) Convention, 1946Food and Catering Convention, 1946 is an International Labour Organization Convention.It was established in 1946, with the preamble stating:...
- Certification of Ships' Cooks Convention, 1946Certification of Ships' Cooks Convention, 1946Certification of Ships' Cooks Convention, 1946 is an International Labour Organization Convention.It was established in 1946, with the preamble stating:Having decided upon the adoption of certain proposals with regard to the certification of ships' cooks,......
- Social Security (Seafarers) Convention, 1946Social Security (Seafarers) Convention, 1946Social Security Convention, 1946 is an International Labour Organization Convention.It was established in 1946, with the preamble stating:Having decided upon the adoption of certain proposals with regard to social security for seafarers,......
- Paid Vacations (Seafarers) Convention, 1946Paid Vacations (Seafarers) Convention, 1946Paid Vacations Convention, 1946 is an International Labour Organization Convention.It was established in 1946, with the preamble stating:Having decided upon the adoption of certain proposals with regard to holidays with pay for seafarers,......
- Medical Examination (Seafarers) Convention, 1946Medical Examination (Seafarers) Convention, 1946Medical Examination Convention, 1946 is an International Labour Organization Convention.It was established in 1946, with the pramble stating:...
- Certification of Able Seamen Convention, 1946Certification of Able Seamen Convention, 1946Certification of Able Seamen Convention, 1946 is an International Labour Organization Convention.It was established in 1946, with the preamble stating:Having decided upon the adoption of certain proposals with regard to the certification of able seamen,......
- Accommodation of Crews Convention, 1946Accommodation of Crews Convention, 1946Accommodation of Crews Convention, 1946 is an International Labour Organization Convention.It was established in 1946, with the preamble stating:Having decided upon the adoption of certain proposals with regard to crew accommodation on board ship,......
- Wages, Hours of Work and Manning (Sea) Convention, 1946
- Paid Vacations (Seafarers) Convention (Revised), 1949
- Accommodation of Crews Convention (Revised), 1949Accommodation of Crews Convention (Revised), 1949Accommodation of Crews Convention , 1949 is an International Labour Organization Convention.It was established in 1949, with the preamble stating:...
- Wages, Hours of Work and Manning (Sea) Convention (Revised), 1949
- Wages, Hours of Work and Manning (Sea) Convention (Revised), 1958Wages, Hours of Work and Manning (Sea) Convention (Revised), 1958The Convention concerning Wages, Hours of Work on Board Ship and Manning is a convention of the International Labour Organization originally drafted in 1946 and revised conventions in 1949 and 1958, none of which entered into force.-Entry into Force:The criterion of entry into force for all three...
- Accommodation of Crews (Supplementary Provisions) Convention, 1970Accommodation of Crews (Supplementary Provisions) Convention, 1970Accommodation of Crews Convention, 1970 is an International Labour Organization Convention.It was ratified by the ILO's Governing Body in Geneva October 14, 1970, as a supplement to the Accommodation of Crews Convention , 1949.The earlier convention considered such shipboard matters as:* sleeping...
- Prevention of Accidents (Seafarers) Convention, 1970Prevention of Accidents (Seafarers) Convention, 1970Prevention of Accidents Convention, 1970 is an International Labour Organization Convention.It was established in 1970:Noting the terms of existing international labour Conventions and Recommendations applicable to work on board ship and in port and relevant to the prevention of occupational...
- Continuity of Employment (Seafarers) Convention, 1976Continuity of Employment (Seafarers) Convention, 1976Continuity of Employment Convention, 1976 is an International Labour Organization Convention.It was established in 1976, with the preamble stating:...
- Seafarers' Annual Leave with Pay Convention, 1976Seafarers' Annual Leave with Pay Convention, 1976Seafarers' Annual Leave with Pay Convention, 1976 is an International Labour Organization Convention.It was established in 1976, with the preamble stating:...
- Merchant Shipping (Minimum Standards) Convention, 1976Merchant Shipping (Minimum Standards) Convention, 1976Merchant Shipping Convention, 1976 is an International Labour Organization Convention.It was established in 1976, with the preamble stating:...
(and 1996 protocol) - Seafarers' Welfare Convention, 1987Seafarers' Welfare Convention, 1987Seafarers' Welfare Convention, 1987 is an International Labour Organization Convention.It was established in 1987, with the preamble stating:Having decided upon the adoption of certain proposals with regard to seafarers' welfare at sea and in port......
- Health Protection and Medical Care (Seafarers) Convention, 1987Health Protection and Medical Care (Seafarers) Convention, 1987Health Protection and Medical Care Convention, 1987 is an International Labour Organization Convention.It was established in 1987, with the preamble stating:...
- Social Security (Seafarers) Convention (Revised), 1987Social Security (Seafarers) Convention (Revised), 1987Social Security Convention , 1987 is an International Labour Organization Convention.It was established in 1987, with the preamble stating:...
- Repatriation of Seafarers Convention (Revised), 1987Repatriation of Seafarers Convention (Revised), 1987Repatriation of Seafarers Convention , 1987 is an International Labour Organization Convention.It was established in 1987, with the preamble stating:...
- Labour Inspection (Seafarers) Convention, 1996Labour Inspection (Seafarers) Convention, 1996Labour Inspection Convention, 1996 is an International Labour Organization Convention.It was established in 1996, with the preamble stating:...
- Recruitment and Placement of Seafarers Convention, 1996Recruitment and Placement of Seafarers Convention, 1996Recruitment and Placement of Seafarers Convention, 1996 is an International Labour Organization Convention.It was established in 1996, with the preamble stating:...
- Seafarers' Hours of Work and the Manning of Ships Convention, 1996Seafarers' Hours of Work and the Manning of Ships Convention, 1996Seafarers' Hours of Work and the Manning of Ships Convention, 1996 is an International Labour Organization Convention.It was established in 1996, with the preamble stating:...
Ratifications
The treaty has been ratified by 20 countries, many of which are large flag stateFlag State
The flag state of a commercial vessel is the state under whose laws the vessel is registered or licensed.The flag state has the authority and responsibility to enforce regulations over vessels registered under its flag, including those relating to inspection, certification, and issuance of safety...
s in terms of the tonnage they transport. The European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
has advised its 27 members to ratify the treaty by 31 December 2010. 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 30 October 2011 however, only Bulgaria, Denmark, Latvia, Luxembourg and Spain had done so.
| Country | Date | Notes | % of world gross tonnage |
|---|---|---|---|
 Antigua and Barbuda |
1.0 | ||
 The Bahamas |
5.0 | ||
 Benin |
<0.3 | ||
 Bosnia and Herzegovina |
<0.3 | ||
 Kingdom of Bulgaria |
<0.3 | ||
 Canada |
<0.3 | ||
 Independent State of Croatia |
<0.3 | ||
 Denmark |
1.06 (Danish International Ship Register) | ||
 Gabon |
no declaration | <0.3 | |
 Kiribati |
<0.3 | ||
 Latvia |
no declaration | <0.3 | |
 Liberia |
11.1 | ||
 Luxembourg |
<0.3 | ||
 Marshall Islands |
6.1 | ||
 Norway |
1.5 (Norwegian International Ship Register Norwegian International Ship Register Norwegian International Ship Register or NIS is a separate Norwegian ship register for Norwegian vessels aimed at competing with flags of convenience registers like Panama, Liberia etc. Originally proposed by Erling Dekke Næss in 1984 it was established in Bergen in 1987 and is managed by the... ) |
||
 Panama |
22.6 | ||
 Saint Vincent and the Grenadines |
0.6 | ||
 Singapore |
4.8 | ||
 Spain |
<0.3 | ||
 Switzerland |
<0.3 | ||
| Total: 20 | Total: 54% |
External links
- ILO Convention site
- Treaty text and Ratifications (ILO)