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What is the MLC, 2006?

It is a comprehensive international labour Convention that was adopted by the


International Labour Conference (ILC) of the ILO, under article 19 in February
2006 in Geneva, Switzerland. It entered into force on 20 August 2013. The MLC,
2006 sets out seafarers
Rights to decent conditions of work and helps to create conditions of fair
competition for shipowners. It is intended to be globally applicable, easily
understandable, readily updatable and uniformly enforced. The MLC, 2006 has
been designed to become a global legal instrument that will be the fourth pillar
of the international regulatory regime for quality shipping, complementing the key
Conventions of the International Maritime(SOLAS,MARPOL,STCW)

What are the two basic aims of the MLC, 2006?


The basic aims of the MLC, 2006 are:
to ensure comprehensive worldwide protection of the rights of seafarers (the
Convention is sometimes called the seafarers Bill of Rights)
to establish a level playing field for countries and shipowners committed to
providing decent working and living conditions for seafarers, protecting them from
unfair competition on the part of substandard ships.
Application:
1. This Regulation applies to ships of:
(a) 500 gross tonnage or over, engaged in international voyages; and
(b) 500 gross tonnage or over, flying the flag of a Member and operating from a
port, or between ports, in another country
Under MLC, 2006, the ship owners are required to submit a DMLC or Declaration
of Maritime Labour Compliance to their respective flag states which form a party
to the convention. The flag states will accordingly issue the MLC Certificate to the
fleet flying their flag following, surveys, inspections, paperwork and approvals.

The certificate would be then required to be posted at a conspicuous position


onboard.Certificate validity five years.
Contents of MLC,2006
1. Minimum Requirements for seafarers to work on ships
Minimum age
Medical certificate
Training and certifications
Recruitment and placement
2. Conditions of Employment
Seafarers Employment Agreement
Wages
Hours of rest and hours of work
Entitlement to leave
Repatriation
Seafarer compensation for ships loss or foundering
Manning levels
Career and skill development and opportunities for seafarers employment
3. Accommodation, Recreation, Food and Catering
Accommodation and recreational facilities
Food and catering
4. Health Protection, Medical Care, Welfare and Social Security Protection
Medical care on board and ashore

Ship owners liability


Health and safety protection and accident prevention
Access to shore based welfare facilities
Social Security
5. Compliance and Enforcement
Flag state responsibility
Authorization of recognized organizations
Maritime labour certificate and declaration of maritime labour compliance
Inspection and enforcement
On board compliance procedures
Port State Responsibilities
Marine Casualties
Labour Supplying responsibilities
Regulation 3.1 Accommodation and recreational facilities
Purpose: To ensure that seafarers have decent accommodation and recreational
facilities on board
Regulation 3.2 Food and catering
Purpose: To ensure that seafarers have access to good quality food and drinking
water provided under regulated hygienic conditions
Regulation 4.1 Medical care on board ship and ashore
Purpose: To protect the health of seafarers and ensure their prompt access
to medical care on board ship and ashore
Regulation 4.2 Shipowners liability
Purpose: To ensure that seafarers are protected from the financial consequences
of sickness, injury or death occurring in connection with their employment

Regulation 4.4 Access to shore-based welfare facilities


Purpose: To ensure that seafarers working on board a ship have access
to shore-based facilities and services to secure their health and well-being
Regulation 4.3 Health and safety protection and accident prevention
Purpose: To ensure that seafarers work environment on board ships promotes
occupational safety and health
Regulation 4.5 Social security
Purpose: To ensure that measures are taken with a view to providing seafarers
with access to social security protection
TITLE 5. COMPLIANCE AND ENFORCEMENT
1. The Regulations in this Title specify each Members responsibility to fully
implement and enforce the principles and rights set out in the Articles of this
Convention as well as the particular obligations provided for under its Titles 1, 2, 3
and 4.
Regulation 5.1 Flag State responsibilities
Purpose: To ensure that each Member implements its responsibilities under this
Convention with respect to ships that fly its flag
Regulation 5.1.5 On-board complaint procedures
1. Each Member shall require that ships that fly its flag have on-board procedures
for the fair, effective and expeditious handling of seafarer complaints alleging
breaches of the requirements of this Convention (including seafarers rights).
2. Each Member shall prohibit and penalize any kind of victimization of a seafarer
for filing a complaint.
3. The provisions in this Regulation and related sections of the Code are without
prejudice to a seafarers right to seek redress through whatever legal means the
seafarer considers appropriate
Regulation 5.2 Port State responsibilities
Purpose: To enable each Member to implement its responsibilities
under this Convention regarding international cooperation in the implementation
and enforcement of the Convention standards on foreign ships

Regulation 5.3 Labour-supplying responsibilities


Purpose: To ensure that each Member implements its responsibilities under this
Convention as pertaining to seafarer recruitment and placement and the social
protection of its seafarers
Documents required to be maintained onboard for Maritime Labour
Certificate (MLC 2006)
Declaration of Maritime Labour Compliance, Parts I and II
Maritime Labour Certificate
Recent Inspection report
Evidence proving that all seafarers onboard are above sixteen (16) years of age
Evidence showing the crewing agencies comply with the MLC requirements
A Medical Certificate of maximum one year validity for seafarers under 18 years
of age
A Medical Certificate of maximum two years validity for seafarers above 18
years of age
Evidence proving no dangerous work or night time work being undertaken for
seafarers under 18 years of age
A Seafarers Employment Agreement (SEA), signed by the seafarer and ship
owner or an authorized representative
A copy of CBA or Collective Bargaining Act and its English version
A valid COC or Certificate of Competency and valid training certificates for all
seafarers onboard
Records of training in personal safety and safety meetings held onboard
Records of all accidents, incidents, investigations and consequent analysis
onboard
Records of seafarers familiarisation and the records for seafarers rest / work
hours

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