ILO Maritime Labour Convention 2006

Introduction to MLC 2006

Captain P. Michael DeCharles, BS, JD, LLM
Executive Vice President

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 Agenda
• What is MLC 2006?
• Why was it created?
• Applicability? 　　　
• Key players? 　　　
• Certification process? 　
• Where do we stand today? 　

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 ILO 　
• 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– Outdated and not reflective of current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 Conditions of Accommodation, Health protection, Compliance &
requirements for Employment recreational medical care, enforcement
seafarers to work facilities, food & welfare & social
on a ship catering security

Minimum Age Seafarers’ Accommodation & Medical care on Flag state

employment recreational board and ashore responsibilities
Medical Certificate agreements 　 facilities Ship-owners Recognized
Wages Food & catering 　 liability organizations
Training & Hours of work & Health, safety Inspection &
Qualification rest protection & Enforcement
Entitlement to accident On-board
leave prevention compliant 　
Recruitment & Access to shore procedure 　　
Repatriation
placement based facilities
Manning Levels Port state
Social security responsibilities
Compensation for On-shore
ship’s loss or compliant
foundering procedure
Career & Skills Labor supplying
development responsibilities

Note: Blue font indicates elements subject to inspection by PSC 14

 Key Players 　
ILO MLC 2006

ILO Member States

Competent Authority

Port State Control Flag State Control Labor Supplying Country

Recognized Organization Shipowner

Ship/Seafarer

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 What Does this Really Mean?
• 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: Core ILO requirements

Conditions of Employment

Title 3:
Accommodation, recreational
facilities, food and catering
DLC Part 1
Title 4:
Health Protection, medical
care, welfare and social Administration Company requirements
protection implementation
of, including
Title 5: equivalencies to,
Compliance and Enforcement the ILO
Convention
requirements

DLC Part 2

MLC
The procedures
by which the Ship
(Company) will
implement the
Source: IACS requirements of
the Administration 17
 Certification Flowchart
Activities carried out by flag State or RO
　　　　　　　
Onshore Activity, Review of
Prior to Shipboard DMLC Part II
Attendance Against Part I
Company Prepares DMLC
Part II

Inspect compliance Inspect working

with the Convention and living conditions

Flag Issues DMLC

Part 1
Shipboard
Activity

Endorse DMLC
Flag state ratifies MLC & Part II
implements convention
into its national law
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) 　
_________________________________________________

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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