5.introduction To Basics of MLC 2006-Rev 2 by Capt HS 13.09.2014

Board of Examinations for Seafarers Trust
Introduction to
Basics of MLC 2006
www.seafarers.edu.in 1
Objectives
Understanding the relevant requirements of the

MLC 2006
Earlier Situation
• Very different
working and living
conditions for
seafarers
• There were many ILO
rules and regulations
• They were too
specific for
enforcement;
• No flexibility
No mandatory minimum
standard worldwide !
International Labour Organization
• Abbreviation: ILO
• Founded: 1919 in Paris
• Specialized agency of the United Nations
since 1946 ( parallel to IMO)
• Humanitarian and political motivation
• Creation of international labour standards
• Special maritime sessions
23rd February 2006:
• 94th International Labour Conference
(10th Maritime Labour Conference)
• Maritime Labour Convention, 2006
• Also called ILO ‘Super Convention’
International Labour Organization
Governments
Owners’ Seafarers’
Representatives Representatives
Purpose of MLC 2006
• Enforced seafarers‘ rights
• Fair competition for shipowners
• One comprehensive set of global standards
• Also referred to as the CONSOLIDATED Maritime Labour
Convention, 2006
• Almost all of the existing maritime labour instruments were
included into the new MLC 2006
• Updates to the requirements, where applicable
• The MLC 2006 is intended to be:

• Globally applicable
• Easily understandable
• Readily updateable
• Uniformly enforced
Purpose of MLC 2006
UNO
IMO ILO
SOLAS MARPOL STCW MLC
International Regulatory Regime for

Quality Shipping
Application of the Convention
Status
Adopted by ILO in 2006.

Ratified by 30 countries with 33% of world’s GT
on 20th Aug 2012.
In force from 20th Aug 2013.
Presently (Aug 2014) 58 countries with 80% of
world’s GT has ratified.
India has ratified the same and all our ships
satisfy all the requirements.
All Ships
MLC applies to all ships, publicly or privately owned,

ordinarily engaged in commercial activities.
Excludes ships that navigate exclusively in:

• Inland waters
• Waters within sheltered waters
• Waters closely adjacent to land
• Areas where port regulations apply
Excludes
• ships engaged in fishing
• ships of traditional build such as dhows and junks
• warships or naval auxiliaries
All Ships
What about ships flying the Flag of a State that has
not ratified MLC 2006?
NO MORE FAVOURABLE TREATMENT
• Concept also found in IMO Conventions

• Port State Control: ships of all countries will be
subject to inspection (and detentions if applicable
minimum standards are not fulfilled)
All Seafarers
Seafarer means any person who is
employed or engaged or works in any
capacity on board a ship to which this
Convention applies
• All crew members covered by STCW

• All additional persons working on board
• Artists/musicians, photographers, hair dressers,
therapist, animators etc. on board of cruise ships
• Scientists, laboratory technicians etc. on board of
research vessels
• Supercargoes, service technicians, animal-keeper etc.
(live-stock)
All Seafarers
Shipowner means the ship’s owner, or another

organization or person, who has control over the
operation of the ship - such as management
company, bareboat charterer, etc.
All Seafarers
Seafarer Recruitment and Placement Service

means any person or organization, in the public or
the private sector, engaged in recruiting seafarers
on behalf of shipowners or placing seafarers with
shipowners
MLC 2006 covers following matters
Subject
1.1 Reg.
1.2 Medical Certification
1.3 Qualifications of Seafarers
1.4 Use of any licensed or certified or regulated private
recruitment and placement service
2.1 Seafarers employment agreements
2.2 Payment of Wages
2.3 Hours of work or rest
2.4 Entitlement to leave
2.5 Repatriation
MLC 2006 covers following matters
Subject
2.7 Manning levels for the ship
3.1 Accommodation
3.1 On-board recreational facilities
3.2 Food & Catering
4.3 Health & Safety & accident prevention
4.1 On-board medical care
4.2 Ship owner's Liability
4.5 Social Security
A.5.1.1 Copy of MLC 2006 on board
5.1.5 On-board complaint procedures
Structure of MLC 2006
Title 1: Minimum Requirements for Seafarers to
Work on a Ship
Reg. 1.1 Minimum age
Reg. 1.2 Medical certificate
Reg. 1.3 Training and

qualifications
Reg. 1.4 Recruitment and

placement
Structure of MLC 2006
Title 1: Minimum Requirements for Seafarers to Work
on a Ship
Regulation 1.1 – Minimum age
1. Minimum age to be employed at sea is 16 years.
2. In India, minimum age is 18 years.
3. In case you are in charge, you must know:

For night work minimum age is 18 years. ‘Night’
may be defined by flag state but usually 2000 to
0500 ship's time.
Under 16 should not be used for jobs involving high
risk.
Title 1: Minimum Requirements for
Seafarers to Work on a Ship
Regulation 1.2: Medical certificate

Basic requirements:
Seafarers must have a valid medical certificate:
• Medical certificate: valid for max 2 years (max 1 year if under
18 years.
• Certificate of colour vision: valid for max 6 years
– Expiry of a certificate during a voyage: Continue to be valid
until the next port where a new medical certificate can be
obtained, but limited to 3 months
– Medical certificates must be available in English on ships
ordinarily embarking on international voyages.
• Regulation 1.3: Training and qualifications

Basic requirements:
– Seafarers must be trained or certified
as competent or otherwise qualified
to perform their duties.
– Seafarers must have successfully

completed a training for personal
safety on board ships.
– Training and certification according to

IMO instruments ( STCW) are acceptable.
Regulation 1.4: Recruitment and placement

Basic requirements:
– PUBLIC service operated by a MLC ratifying state
 the Member state has to ensure that the service is
operated in compliance with the MLC 2006
– PRIVATE service operated in MLC 2006 ratifying
state:
 operation of the service in conformity with a
standardized system of licensing or certification
 MLC 2006 lists minimum requirements that have
to be ensured by this system
– service operating in a territory in which the MLC
2006 does not apply:
the shipowner has to ensure as far as is practicable,
that the service meets the requirements of the MLC
2006
Title 2: Conditions of Employment
Reg. 2.1 Seafarers’ employment agreements
Reg. 2.2 Wages
Reg. 2.3 Hours of work and hours of rest
Reg. 2.4 Entitlement to leave
Reg. 2.5 Repatriation
Reg. 2.6 Seafarer compensation for the ship’s loss
Reg. 2.7 Manning levels
Reg. 2.8 Career and skill development and opportunities for

seafarers’ employment
Regulation 2.1: Seafarers’ employment agreements

Basic requirements:
• Shipowner and seafarer shall both have a signed original of
the seafarers employment agreement.
• Opportunity to examine and seek advice on the agreement
before signing.
• Clear information on the conditions of employment to be
available on board
 copy of the employment agreement
 collective bargaining agreement, if applicable
 relevant information to be available in English
• Record of employment
 NO statement regarding quality of work and wage
• Definition of minimum contents of employment agreements
Minimum contents of employment agreements:
(a) the seafarer’s full name, date of birth or age, and

birthplace;
(b) the shipowner’s name and address;
(c)the place where and date when the seafarers’
employment agreement is entered into;
(d) the capacity in which the seafarer is to be employed;
(e) the amount of the seafarer’s wages or, where
applicable, the formula used for calculating them;
(f) the amount of paid annual leave or, where applicable,
the formula used for calculating it;

(g) the termination of the agreement and the conditions
thereof, including:
(i) Indefinite period agreement: The conditions
entitling either party to terminate it, as well as the
required notice period, which shall not be less for
the shipowner than for the seafarer;
(ii) Definite period agreement: The date fixed for its

expiry; and
(iii) Voyage agreement: The port of destination and

the time which has to expire after arrival before
the seafarer should be discharged;
(h) the health and social security protection benefits to

be provided to the seafarer by the shipowner;
(i) the seafarer’s entitlement to repatriation;
(j) reference to the collective bargaining agreement, if

applicable; and
(k) any other particulars which national law may require
Regulation 2.2: Wages

Basic requirements:
All seafarers have to be paid
• Regularly
• In full
• In accordance with their employment agreements
• Payment at intervals no greater than one month
• Monthly accounts to be given to the seafarer (including
information on payments due, amount paid, wages, additional
payments, rate of exchange)
• Means to transmit earnings have to be granted
CER
TI FIE
D IT
EM
Regulation 2.3: Hours of work and hours of rest
Basic requirements:
– Regulation of maximum hours of work
• 14 hours in any 24-hour period
• 72 hours in any seven-day period
– OR regulation of minimum hours of rest
• 10 hours in any 24-hour period
• 77 hours in any seven-day period
– Hours of rest
• Division into max two periods
• One of which at least 6 hours
• Max interval between two rest periods: 14 hours
ILO MLC: STCW 95:

Max hours of work: Min hours of rest:
14 hrs. within any 24 hrs. • 10 hrs. within any 24 hrs.
and and
72 hrs. within 7 days • 70 hrs. within 7 days
Minimum hours of rest:
• 10 hrs. within any 24 hrs.
and
• 77 hrs. within 7 days
Regulation 2.4: Entitlement to leave
Basic requirements:
- granting of paid annual leave under
appropriate conditions
- granting of shore leave
- minimum standards to be defined through
national laws and regulations
- the annual leave with pay entitlement:
 at least 2.5 calendar days per month of
employment
Regulation 2.5: Repatriation

Basic requirements:
– right for repatriation at no cost to seafarer
(according to the circumstances specified)
– provision of financial security to ensure
repatriation
– entitlement to repatriation:
a) Expiry of employment agreement whilst abroad
b) Termination of seafarers’ employment
agreement by shipowner or by seafarer for
justified reasons
c) Seafarers’ disability - unable to perform duties
in work agreement
Regulation 2.5: Repatriation

Basic requirements:
– max. service period after which a seafarer is
entitled to repatriation: < 12 months
– shipowners are prohibited from:
a) requesting an advance payment
b)recovering the costs from wages or other
entitlements
– ships have to carry and make available a copy of
the applicable national provisions
Regulation 2.6: Seafarer compensation for the loss

or foundering of ship
Basic requirements:
– entitlement to adequate compensation due to
loss or foundering of ship in the case of
• injury
• loss
• unemployment
– in case of ship’s loss or foundering: shipowner
to pay an indemnity against unemployment
Regulation 2.7: Manning levels

Basic requirements:
– Adequate crew with regard to
• Size
• Qualifications
– To ensure
• Safety and security
• Of the ship and its personnel
• Under all operating conditions
Manning of every ship in accordance with the
minimum safe manning document or an
equivalent (issued by flag state)
Regulation 2.8: Career and skill development and

opportunities for seafarers’
employment
Basic requirements:
– national policies to be issued by the flag state
• to promote employment in the maritime sector
• to encourage career and skill development
• encourage greater employment opportunities
– help for seafarers to strengthen their competencies,
qualifications and
employment opportunities
– clear objectives regarding vocational guidance,
education and training of seafarers
Title 3: Accommodation, Recreational
Facilities, Food and Catering
Reg. 3.1 Accommodation and recreational
facilities
Reg. 3.2 Food and catering
Regulation 3.1: Accommodation and

recreational facilities
Basic requirements:
– Minimum standards ensuring that accommodation for
seafarers working or living on board is
• Safe
• Decent
• In accordance with the requirements set out in the
MLC 2006
– Inspection of ships needed
• When a ship is (re) registered
• After substantial alterations of accommodation
Regulation 3.1: Accommodation and

Basic requirements:
a. General requirements for accommodation
b. Requirements for ventilation and heating
c. Lighting
d. Sleeping accommodation
e. Mess rooms
f. Sanitary facilities
g. Hospital accommodation
h. Laundry facilities / spaces on open deck / offices /
• Headroom min 203 cm

• Insulation
• Sleeping rooms above load line
• No direct openings to sleeping rooms from cargo or
machinery rooms or other public areas
• Proper lighting and sufficient drainage
• Accommodation, recreational and catering facilities:
– Health and safety protection and accident
prevention
– Prevent the risk of exposure to hazardous levels
of noise and vibration
• Heating and ventilation
Mess rooms
– Apart from sleeping rooms and close to the galley
– Adequate size and comfort, properly furnished & equipped
– Appropriate for number who use mess rooms at any time
Sanitary facilities
– Good standard of health, hygieneand and comfort
– Separate for men and women
– Near navigation bridge, eng room and ECR (no need for
<3000 GT)
– WC, wash basin, tub or shower for every 6 persons, or less
– Each sleeping room with wash basin (hot & cold water),
except PAX vessels.
– Hot and cold running water available in all wash places
Regulation 3.2: Food and catering

Basic requirements:
– Provision of food: free of charge
– Food and drinking water supplies in consideration of
• Number of seafarers
• Religious requirements / cultural practices
• Duration and nature of the voyage
– Suitability in respect of quantity / quality and nutritional
value / variety
– Frequent and documented inspections on board
Regulation 3.2: Food and catering INS
PEC
TIO
N
Basic requirements:
• Catering department
 Preparation of adequate, varied and
nutritious meals
 Hygienic conditions
 Appropriate equipment and
organization of catering department
• Catering staff
 Trained / instructed
• Ships’ cooks
 Trained / qualified / found competent
 Approved / recognized training course
 No seafarer under the age of 18
Title 4: Health Protection, Medical Care,
Welfare and Social Security Protection
Regulation 4.1: Medical care on board ship and

ashore
Basic requirements:
– Seafarers to be covered by adequate measures for protection
of their health
– Access to prompt and adequate medical care at no cost to
the seafarer
– Health protection and medical care comparable to workers
ashore
– Right to visit a qualified medical doctor / dentist in ports
– Preventive health measures
– Standard medical report form
– Medicine chest, medical equipment, medical guide
– One seafarer in charge of Medical Care in compliance with
STCW
– Provision of medical advice via radio or satellite by Members
Regulation 4.2: Shipowners’ liability

Basic requirements:
– right to material assistance and support from the shipowner:
• costs due to sickness, injury or death during/arising from
engagement on board
• financial security for compensation in case of death / long-term
disability
• expenses of medical care, board and lodging
• burial expenses
• payment of wages in case of incapacity for work
– shipowners liability may be limited / minimum: 16 weeks
Regulation 4.3: Health and safety protection
and accident prevention
Basic requirements:
– Occupational safety and health policies and programmes
– On-board programmes
•  Prevention of occupational accidents / injuries /
diseases
•  Continuous improvement of occupational safety and
health
– Inspection, reporting, investigation and correction of unsafe
conditions / occupational accidents
– Safety committee on board (ships with 5 or more seafarers)
– Analysis of accidents by the flag State Authority as basis for
risk assessment
Regulation 4.5: Social security
Basic requirements:
– Social security protection for seafarers subject to national
legislation
– No less favourable than the entitlements for shore workers
– branches:
medical care / sickness benefit / unemployment benefit / old-
age benefit / employment injury benefit / family benefit /
maternity benefit / invalidity benefit / survival benefit
– Complementary social security protection for seafarers
ordinarily resident in its territory
– Cooperation to ensure maintenance of social security rights
by all seafarers regardless of their residence
Regulation 5.1: Flag State Responsibilities
Regulation 5.1.5: On-board complaints procedures

Basis requirements:
– On-board procedures for complaints - fair, effective & quick
– Resolving complaints at the lowest level possible
– Right to complain directly to the Master or to appropriate
external authorities
– Right to be accompanied / represented
– Safeguards against victimization
– Copy to be provided to all seafarers
• Competent authority in Flag State
• Competent authority in country of residence
• Person on board that can be addressed on a confidential
basis
Thank You
www.seafarers.edu.in

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5.introduction To Basics of MLC 2006-Rev 2 by Capt HS 13.09.2014

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Board of Examinations for Seafarers Trust

Understanding the relevant requirements of the

• The MLC 2006 is intended to be:

SOLAS MARPOL STCW MLC

International Regulatory Regime for

Adopted by ILO in 2006.

MLC applies to all ships, publicly or privately owned,

Excludes ships that navigate exclusively in:

NO MORE FAVOURABLE TREATMENT

• Concept also found in IMO Conventions

• All crew members covered by STCW

Shipowner means the ship’s owner, or another

Seafarer Recruitment and Placement Service

Reg. 1.1 Minimum age

Reg. 1.2 Medical certificate

Reg. 1.3 Training and

Reg. 1.4 Recruitment and

Regulation 1.1 – Minimum age

1. Minimum age to be employed at sea is 16 years.

2. In India, minimum age is 18 years.

3. In case you are in charge, you must know:

Regulation 1.2: Medical certificate

• Regulation 1.3: Training and qualifications

– Seafarers must have successfully

– Training and certification according to

Regulation 1.4: Recruitment and placement

Reg. 2.1 Seafarers’ employment agreements

Reg. 2.2 Wages

Reg. 2.3 Hours of work and hours of rest

Reg. 2.4 Entitlement to leave

Reg. 2.5 Repatriation

Reg. 2.6 Seafarer compensation for the ship’s loss

Reg. 2.7 Manning levels

Reg. 2.8 Career and skill development and opportunities for

Regulation 2.1: Seafarers’ employment agreements

Minimum contents of employment agreements:

(a) the seafarer’s full name, date of birth or age, and

Minimum contents of employment agreements:

(ii) Definite period agreement: The date fixed for its

(iii) Voyage agreement: The port of destination and

Minimum contents of employment agreements:

(h) the health and social security protection benefits to

(i) the seafarer’s entitlement to repatriation;

(j) reference to the collective bargaining agreement, if

(k) any other particulars which national law may require

Regulation 2.2: Wages

ILO MLC: STCW 95:

Regulation 2.4: Entitlement to leave

Regulation 2.5: Repatriation

Regulation 2.5: Repatriation

Regulation 2.6: Seafarer compensation for the loss

Regulation 2.7: Manning levels

Regulation 2.8: Career and skill development and

Regulation 3.1: Accommodation and

Regulation 3.1: Accommodation and

• Headroom min 203 cm

Regulation 3.2: Food and catering

Regulation 4.1: Medical care on board ship and

Regulation 4.2: Shipowners’ liability

Regulation 5.1.5: On-board complaints procedures

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