ILO Maritime Labour Convention 2006
Introduction to MLC 2006
Captain P. Michael DeCharles, BS, JD, LLM
Executive Vice President
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Agenda
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What is MLC 2006?
Why was it created?
Applicability?
Key players?
Certification process?
Where do we stand today?
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ILO
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Agency of the United Nations
Tri-partite structure
Common decent work conditions
First specialized agency of UN in 1946
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What is the Convention?
• Updates and consolidates
68 existing instruments
(37 Conventions and
31 recommendations)
• Adopted 23 February 2006, the MLC incorporates
fundamental principles of 8 ILO Conventions
• Existing Conventions gradually phase out
• Considered 4th pillar of Maritime regulations
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Why the Convention?
Existing Conventions
– Outdated and not reflective of current
working conditions
– High level of detail led to compliance and
enforcement problems
– Relatively low ratification record
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Why the Convention?
• New Convention
– Accelerated and less costly amendment
procedures
– Level playing field
– System to resolve complaints
– Ship operational
changes
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Applicability of the Convention
•All ships (and the seafarers on these
ships)
– Public and privately owned
– Ordinarily engaged in commercial
activities
– Except as expressly provided*
*ships less than 200 gt
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Applicability of the Convention
• Definition of “ship”
– A ship other than one which navigates
exclusively in inland waters or waters
within, or closely adjacent to, sheltered
waters or areas where port regulations
apply
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Applicability of the Convention
• Definition of “seafarer”
– Any person who is employed or engaged
or works in any capacity onboard a ship to
which the Convention applies
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Applicability of the Convention
• Exceptions
– Convention does not apply to:
• Ships engaged in fishing or similar pursuits
• Ships navigating exclusively in inland waters
or waters within, or closely adjacent to
• Ships navigating exclusively in sheltered waters
or areas where port regulations apply
• Ships of traditional build such as dhows and junks
• Warships or naval auxiliaries
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Applicability of the Convention
• Applies to all ships:
– Ships 500 gt and more need to be certified
and must carry a:
• Maritime Labour Certificate (MLC)
• Document of Maritime Labour Compliance (DMLC)
– 2 parts
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Makeup of the Convention
• Articles, Regulations and the Code
• Vertically integrated
• Articles and Regulations
– Set out the core rights, principles
and basic obligations of members
• Code
– Details for implementation
of regulations
– Part A (mandatory standards)
– Part B (non-mandatory guidelines)
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Makeup of the Convention
• 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
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Convention structure
Articles & Regulations
Title 1
Title 2
Title 3
Title 4
Title 5
Minimum
requirements for
seafarers to work
on a ship
Conditions of
Employment
Accommodation,
recreational
facilities, food &
catering
Health protection,
medical care,
welfare & social
security
Compliance &
enforcement
Seafarers’
employment
agreements
Wages
Hours of work &
rest
Entitlement to
leave
Repatriation
Manning Levels
Accommodation &
recreational
facilities
Food & catering
Minimum Age
Medical Certificate
Training &
Qualification
Recruitment &
placement
Compensation for
ship’s loss or
foundering
Career & Skills
development
Note: Blue font indicates elements subject to inspection by PSC
Medical care on
board and ashore
Ship-owners
liability
Health, safety
protection &
accident
prevention
Access to shore
based facilities
Social security
Flag state
responsibilities
Recognized
organizations
Inspection &
Enforcement
On-board
compliant
procedure
Port state
responsibilities
On-shore
compliant
procedure
Labor supplying
responsibilities
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Key Players
ILO MLC 2006
ILO Member States
Competent Authority
Port State Control
Flag State Control
Recognized Organization
Labor Supplying Country
Shipowner
Ship/Seafarer
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What Does this Really Mean?
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Flag specifies the requirements
Company develops a system
Company implements the system
Flag/Recognized Organization (RO)
verifies initial implementation
• Company continues to implement
and seeks continuous improvement
• Flag/RO periodically verifies
ongoing compliance
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The Labor Management System
Maritime Labour Convention
Labour Management System
Manual
Title 1:
Minimum requirements for a
Seafarer to work on a Ship
Title 2:
Conditions of Employment
Core ILO requirements
Title 3:
Accommodation, recreational
facilities, food and catering
DLC Part 1
Title 4:
Health Protection, medical
care, welfare and social
protection
Company requirements
Administration
implementation
of, including
equivalencies to,
the ILO
Convention
requirements
Title 5:
Compliance and Enforcement
DLC Part 2
MLC
Source: IACS
The procedures
by which the Ship
(Company) will
implement the
requirements of
the Administration
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Certification Flowchart
Activities carried out by flag State or RO
Onshore Activity,
Prior to Shipboard
Attendance
Review of
DMLC Part II
Against Part I
Company Prepares DMLC
Part II
Inspect compliance
with the Convention
Inspect working
and living conditions
Flag Issues DMLC
Part 1
Shipboard
Activity
Flag state ratifies MLC &
implements convention
into its national law
Endorse DMLC
Part II
Issue Maritime
Labour Certificate
(MLC)
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Entry Into Force
• Entry into force
– 12 months after 30 members with at least
33% of world’s gross tonnage (GT) have
ratified: Entry Date: 20 August 2013
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At this time Vanuatu may not be ratifying the convention, but it really does not
matter to the international registry.。
*****The MCL,2006 will be enforced through the back door by Port State Control. The
MCL 2006 obligates States that ratify the Convention to give no more favorable
treatment to ships of States that have not ratified the Convention. ***** (Article V,
paragraph 7)
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1. VMSL will develop a Voluntary Compliance Certificate for the Maritime Labor
Convention to which a Voluntary Declaration for Maritime Labor
Convention shall be attached.
2. VMSL will develop Declaration of Voluntary Compliance of the Maritime Labor
Convention –Part I in which the vessel owner can draft the Voluntary Declaration of
Compliance – Part II.
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THE FLAG OF QUALITY
email@vanuatuships.com
mdecharles@vanuatuships.com
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