MLC2006

The Maritime Labour Convention (MLC), 2006, often referred to as the “seafarers’ bill of rights,” is a comprehensive international labor convention that establishes minimum standards for the working and living conditions of seafarers. Here are its salient features:

1. Comprehensive Rights and Protection:

• It consolidates and updates over 68 existing international labor standards related to the maritime sector into a single, coherent instrument.
• It aims to ensure decent work for seafarers and fair competition for shipowners.
• It establishes seafarers’ rights to a safe and secure workplace, fair terms of employment, and decent living and working conditions.
• It includes provisions for health protection, medical care, welfare measures, and other forms of social protection.

2. Key Principles:

• Freedom of Association and Collective Bargaining: Seafarers have the right to form and join trade unions and to bargain collectively.
• Elimination of Forced Labor: All forms of forced or compulsory labor are prohibited.
• Abolition of Child Labor: The minimum age for seafarers is generally 16, with higher age limits for specific types of work.
• Elimination of Discrimination: There should be no discrimination based on race, sex, religion, or political opinion in employment and occupation.

3. Structure and Content:

The MLC is organized into three main parts:

• Articles: These set out the broad principles and obligations of ratifying countries.
• Regulations: These provide more detailed requirements in five key areas (Titles):
  • Title 1: Minimum requirements for seafarers to work on a ship (e.g., minimum age, medical certificates, training).
  • Title 2: Conditions of employment (e.g., seafarers’ employment agreements, wages, hours of work and rest, leave, repatriation).
  • Title 3: Accommodation, recreational facilities, food, and catering.
  • Title 4: Health protection, medical care, welfare, and social security protection.
  • Title 5: Compliance and enforcement.
• Code: This part further elaborates on the Regulations and is divided into:
  • Part A (Standards): These are mandatory requirements.
  • Part B (Guidelines): These provide recommended guidance for implementation.

4. Compliance and Enforcement:

• Flag State Responsibility: Countries that register ships (flag states) are responsible for ensuring that ships flying their flag comply with the MLC. This includes inspecting ships and issuing Maritime Labour Certificates and Declarations of Maritime Labour Compliance (DMLC) for ships over 500 gross tons.
• Port State Control: Ships entering ports of countries that have ratified the MLC can be inspected to ensure compliance with the Convention’s requirements, regardless of the ship’s flag. This “no more favorable treatment” principle aims to ensure fair competition.
• Seafarer Complaint Procedures: Seafarers have the right to make complaints both on board ship and ashore regarding alleged non-compliance with the MLC.
• Shipowner Responsibility: Shipowners have the primary responsibility for ensuring decent working and living conditions on their ships.

5. Global Applicability and Updatability:

• The MLC is designed to be applicable globally to a wide range of commercially operated ships.
• It includes mechanisms for amendments to keep it up-to-date with the evolving needs of the maritime industry.

In essence, the MLC aims to create a level playing field in the shipping industry by ensuring that all seafarers enjoy basic rights and decent working conditions, contributing to a more secure, safe, and socially responsible maritime sector.