An ITF Guide For Seafarers To The ILO Maritime Labour Convention, 2006
An ITF Guide For Seafarers To The ILO Maritime Labour Convention, 2006
An ITF Guide For Seafarers To The ILO Maritime Labour Convention, 2006
2006
Published by:
GT – gross tonnage
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MARPOL – International Convention for the Prevention of Pollution from
Ships, 1973 (and its protocols)
No more favourable treatment – the concept which prevents ships flying flags
of States that haven’t signed the Convention from having an unfair advantage
over ships flying the flag of States that have
Seafarers’ rights – your employment and social rights, including the right to a
safe and secure workplace, the right to fair terms of employment, the right to
decent living and working conditions and the right to health protection,
medical care, welfare measures and other forms of social protection
WHO – World Health Organization, the United Nations body with the
responsibility for co-ordinating international standards and guidance
relating to health. WHO produces the International Medical Guide for Ships,
which was first published in 1967.
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1. About the Maritime Labour Convention, 2006
Why was the Maritime Labour Convention adopted?
It is widely agreed that, given the global nature of the shipping industry,
seafarers need special protection, especially since you can be exempted
from national labour laws.
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How and when did the MLC come into force?
There are some key features of the MLC that should make the Convention
relatively easy for governments to ratify and should enable its provisions to
be put into practice and fairly enforced.
About the Maritime Labour Convention
Some parts of the Convention are compulsory, other parts take the form of
guidelines. The intention is to make sure that seafarers are protected without
being too specific as to how it is done. This is to encourage the maximum
number of States to ratify the Convention. The MLC provides a way of
enforcing the standards through a system of certification and inspection by
flag State and port State authorities. A key to enforcement will lie in the
ability to detain vessels if they are in breach of the Convention.
What vessels?
Ships below 200 GT, that are not carrying out international voyages, can be
excluded by the flag State from some of the requirements if the seafarers
rights concerned are already covered by national laws, collective agreements,
or other measures.
Which seafarers?
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If there is any doubt as to whether a category of ship or person is covered by
the Convention, the situation has to be clarified between the State authorities
in consultation with the shipowner and seafarer organisations concerned.
The MLC requires governments to make sure that their laws and regulations
respect certain fundamental rights relating to work.
These are:
In brief, you have a right to a safe and secure workplace, where safety
standards are complied with, where you have fair terms of employment,
decent living and working conditions, including social protection such as
access to medical care, health protection and welfare.
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Seafarers’ rights
The rights referred to above are expanded in the requirements of the MLC
under four headings:
Under these headings there are more details of the obligations of States
About the Maritime Labour Convention
and shipowners to ensure that you have the same sort of protections
afforded to people working ashore, bearing in mind the particular
circumstances of life working at sea. This is broadly referred to as seafarers’
rights. If your rights are not respected there are processes to follow for
making complaints. If the problems are serious and repeated or a hazard to
your health, safety or security, this can result in the detention of the ship.
How it works
The minimum rights that you have under this Convention are put into place
either through national laws, regulations, CBAs or simply through good
practice. To make sure they are actually carried out, there is a strong
enforcement regime backed by a system of inspection and certification.
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Structure of the MLC
The MLC starts with a Preamble setting out the context in which the
Convention was adopted. Then come the Articles, covering general
obligations for the States ratifying the Convention, the fundamental rights
and principles and how the Convention works. After that, come the
Regulations and the Code. This part is divided into five parts:
In each part there are Regulations, Standards and Guidelines. The Regulations
are general, non-negotiable points of principle. The Standards are referred to as
Part A, and the Guidelines are called Part B. Part A is mandatory, Part B contains
recommendations that set out in more detail how Part A can be put into practice,
and has to be given due consideration. Together Part A (the standards) and Part
B (the guidelines) are called The Code.
Substantial equivalence
The MLC allows for a certain amount of flexibility as to how it is put into practice.
If a flag State can prove that its approach is substantially equivalent to the MLC’s
requirement, ie, it covers the basic principles but in a different way from that set
out in the MLC, this can be acceptable for the Part A requirements in Titles 1 to 4.
For Title 5 there can be no substantial equivalence, the measures for compliance
and enforcement must be followed according to the Convention.
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Consultation with seafarers’ and shipowners’ organisations
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Changes to the MLC in 2014 and 2016
Amendments to the MLC have been adopted by the ILO in 2014 for the
abandonment of seafarers and financial security requirements.
The amendments aim to give protection if you are abandoned and provide
financial security and compensation to you and your family in the unfortunate
case of your death or long-term disability.
It means that shipowners must have a form of financial security, which may be
insurance, directly accessible to crews, with sufficient funds to provide timely
financial assistance in the event of abandonment. It means no more seafarers
left for months without food, wages and unable to get home.
All ships whose flag states have ratified the MLC (at the time of writing
covering 91% of global tonnage) must have copies of the financial security
certification ‘posted in a conspicuous place’ on board in English.
If you think that you may be in danger of abandonment, don’t wait too long
to make a complaint and contact the insurer. The financial security can be
triggered by the following indicators of abandonment:
The policy will cover you for up to 4 months, outstanding wages and other
entitlements as per your employment agreement or CBA. That’s why it’s
important not to leave it too late. If you wait 6 months to apply, you’ll only
get 4 months backpay.
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The financial security must also cover all reasonable expenses, including
repatriation costs, adequate food, clothing where necessary, accommodation,
drinking water, essential fuel for survival on board and any necessary medical
care. It will be applicable from the moment of abandonment to the time of
arrival back home.
The International Group of P&I clubs, who cover around 90% of global ocean-going
About the Maritime Labour Convention
Some major amendments have been applied to the Code dealing with
repatriation of seafarers as well for the shipowner’s liability.
2.5 Repatriation
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Repatriation and related costs (Regulation 2.5)
The security must provide direct access and expedited financial assistance.
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● An obligation on the financial security provider to notify the flag
state and seafarer of future cancellation, upon cancellation and
upon non-renewal of the financial security.
● An obligation that evidence of financial security be posted in crew
accommodation.
● An extension of the financial security to cover contractual claims.
● The format and content of the certificate of financial security in
relation to death and long-term disability.
The special tripartite committee on the MLC met at the ILO in February to look
at amendments to the MLC. Amendments agreed at the meeting included an
amendment highlighting the importance of health and safety onboard and
proposing the inclusion of the new ITF/ICS guidelines on eliminating bullying
and harassment at sea.
The new amendment to the convention will go to the ILO International Labour
Conference and is expected to enter into force in late 2018.
The meeting also agreed to establish a working group to draft proposals for a
future amendment to the MLC to protect seafarers' wages if they are held
captive as a result of piracy or armed robbery.
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2. Your Rights under the Maritime Labour
Convention, 2006
TITLE 1: Minimum requirements for seafarers to work on a ship
Minimum age
If you are under the age of 16 you cannot be employed to work on a ship.
If you are under the age of 18 you cannot carry out ‘night work’ on board a
ship. The term ‘night’ depends on national law and practice, but it must be a
period of at least nine hours, starting no later than midnight and ending no
earlier than 5am.
Exceptions can be made but only for specific, approved training programmes
where duties must be performed at night.
If you are under the age of 18 you cannot be employed in work that would be
likely to jeopardise your health and safety, and special attention should be
given to the regulation of your working and living conditions.
Regulation 1.1
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Medical certificate
To ensure that all seafarers are medically fit to perform their duties at sea
You cannot work on board a ship unless you are certified medically fit for
your duties.
Your Rights under the Maritime Labour Convention
They must confirm that you are not suffering from any condition that would:
Medical certificates are valid for a period of 2 years (1 year for seafarers under
the age of 18), colour vision certificates are valid for 6 years. If you have a recently
expired certificate, in urgent cases the competent authority may allow you to
work until the next port of call as long as this does not exceed a period of 3
months. For international voyages medical certificates must be in English.
If you are working on a ship that is covered by this Convention, but not
trading in international waters, the medical certification requirements
may be less strict.
Your company may have its own policy requiring more frequent
medical checks.
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Regulation 1.2
1. Seafarers shall not work on a ship unless they are certified as medically
fit to perform their duties.
2. Exceptions can only be permitted as prescribed in the Code.
You must have completed the training necessary to carry out your duties on
board (as per IMO STCW). In addition you must have completed training for
personal safety on board.
Regulation 1.3
1. Seafarers shall not work on a ship unless they are trained or certified
as competent or otherwise qualified to perform their duties.
2. Seafarers shall not be permitted to work on a ship unless they have
successfully completed training for personal safety on board ship.
3. Training and certification in accordance with the mandatory instruments
adopted by the International Maritime Organization shall be considered
as meeting the requirements of paragraphs 1 and 2 of this Regulation.
4. Any Member which, at the time of its ratification of this Convention, was
bound by the Certification of Able Seamen Convention, 1946 (No.74),
shall continue to carry out the obligations under that Convention unless
and until mandatory provisions covering its subject matter have been
adopted by the International Maritime Organization and entered into
force, or until five years have elapsed since the entry into force of this
Convention in accordance with paragraph 3 of Article VIII, whichever
date is earlier.
Crewing agencies offering recruitment services must not charge you for
finding you work. The only costs that can be charged to you are those for
obtaining your national statutory medical certificate, your national seafarers’
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book, your passport or similar personal travel documents. The cost of visas
must be paid for by the shipowner.
The creation of blacklists that could prevent qualified seafarers from finding
work is forbidden.
Shipowners must use agencies that comply with these minimum requirements.
Depending on which country you come from, your union may offer recruitment
services under the terms of a collective bargaining agreement. The flag State
must make sure that if seafarers are recruited from a crewing agency in a country
that has not ratified the Convention, the shipowner recruiting them must ensure
that the agency meets with the MLC’s standards.
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● Make sure their agreements comply with applicable national laws
and CBAs
● Check your qualifications for the job
● Make sure that the shipowners or companies they work with are
financially secure so that you don’t get stranded in a foreign port
● Have an effective complaints procedure in place
● Have an insurance system in place in case they need to compensate
Regulation 1.4
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TITLE 2: Conditions of Employment
You are entitled to a fair employment agreement or contract setting out the
terms and conditions of your employment. It must be signed by you and your
employer, be easy to understand and legally enforceable. On the employer’s
side, it can be signed by the shipowner, the shipowner’s representative, or
another person acting as the shipowner, such as the ship manager, agent or
bareboat charterer. The shipowner is responsible for ensuring that your rights
under the employment agreement or contract are respected even if you are
also working for another company on the ship (eg. seafarers working as hotel
staff on cruise ships).
You must receive and keep a signed original of the agreement, a copy of
which must also be available on board. Make sure you fully understand your
rights and responsibilities. You have the right to seek advice before you sign.
Applicable CBAs are normally incorporated in the employment agreement.
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What must be in your employment agreement?
Regulation 2.1
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Wages
You have the right to be paid regularly and in full, at least monthly, and in
accordance with your employment agreement or CBA.
Your Rights under the Maritime Labour Convention
Your employer must provide you with a monthly account setting out payments due
and amounts paid, including wages additional payments and the rate of exchange
if the currency is different from that set out in the employment agreement.
Basic pay or wages means pay for normal hours of work, normally no more than 8
hours/day and not more than 48 hours/week. Basic pay should never be less than
the recommended minimum wage.
If you are a member of a trade union, your wage will often be negotiated between
your employer and your trade union on your behalf. The International Labour
Organization (ILO) sets a recommended minimum wage for Able Seafarers
based on a formula that takes into consideration changes in the cost of living
and exchange rates against the US dollar in a range of maritime countries. It is
used as a reference by shipowners and trade unions when agreeing wage scales.
No seafarer should be paid at a rate below the recommended ILO minimum. For
further information on the ITF interpretation of the recommended ILO minimum
see: www.itfseafarers.org
Overtime
If you are required to work more than your normal hours of work you should
get paid overtime. This should be covered by national law or your CBA and
the rate of pay should be at least one and one quarter times the basic rate. In
some agreements the basic pay and overtime is consolidated into one sum in
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which case the same principles should apply. Overtime records should be kept by
the Captain and endorsed at least monthly by you. If you have to work on a day
that is specified a day of rest or a public holiday either by national laws or the terms
of your CBA, then you should be entitled to overtime payment or time off in lieu.
Your employer must ensure that you are able to send all or part of your earnings
home. This could be by regular bank transfer of remittances agreed when you sign
the contract. Remittances should be sent on time directly to the person or account
nominated by you. You shouldn’t be expected to pay unreasonable charges for
such services. The exchange rate must be at the current market rate or at an
official published rate that is not unfavourable to you.
Your entitlements
● Seafarers on the same ship should be paid equal pay for equal work
without discrimination
● Seafarers’ employment agreements should be available on board
including details of rates of pay
● You should be paid in full any outstanding remuneration on
termination of engagement
● If the shipowner fails to pay any outstanding remuneration without
undue delay, contact your union representative or a representative
of the flag State or port State. There should be a system in place to
penalise owners that don’t pay their seafarers. Failure to pay wages
is a matter that is subject to ship inspection by flag States and port
States and may result in the detention of a ship
● No deductions can be made from your pay, including fees for
obtaining employment, unless expressly permitted by national
law or agreed in a CBA
● Any charges that are made, such as for services provided on board over
and above the terms of your agreement, should be fair and reasonable
● You are free to decide how to spend your wages
Regulation 2.2
1. All seafarers shall be paid for their work regularly and in full in
accordance with their employment agreements.
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Hours of work and hours of rest
Hours of work and rest are regulated to avoid fatigue and to ensure that the
ship is operated safely.
Your Rights under the Maritime Labour Convention
Normal working hours are based on an eight-hour day with one day of rest
per week; how this is applied may vary according to your CBA or employment
agreement.
The flag State can decide whether to base the limits on maximum hours of
work or minimum hours of rest.
The hours of rest can be divided into no more than two periods, one of which
must be at least 6 hours long.
You cannot work for more than 14 hours without taking rest.
In the event of an emergency where the safety of the ship and crew are in
danger, or to give assistance to other ships or persons in distress at sea, the
Captain can suspend the work schedule until the problem is resolved. If
normal working hours are disrupted by emergencies or unscheduled call-outs
you are entitled to an adequate compensatory rest period.
Musters and all other drills must take place with minimal disturbance to
periods of rest.
All ships have to display a table with shipboard working arrangements in the
working language of the ship and in English. It must include:
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● Schedule of service at sea and service in port
● Maximum hours of work or minimum hours of rest required by
law or by applicable CBAs
Records must be kept of hours of work and hours of rest so that they can be
checked to ensure compliance with the regulations. You must receive an
endorsed copy of your hours or work/rest.
Regulation 2.3
1. Each Member shall ensure that the hours of work or the hours of rest for
seafarers are regulated.
2. Each Member shall establish maximum hours of work or minimum hours
of rest over given periods that are consistent with the provisions in the
Code.
Entitlement to leave
You are entitled to paid annual leave, and shore leave for the benefit of your
health and well-being.
Flag States have to determine minimum standards for annual leave, taking
into account your special needs as a seafarer. The annual leave entitlement is
calculated on the basis of 2.5 days for every calendar month of employment.
Justified absences from work, such as sickness or attendance at an approved
training course, cannot be considered annual leave. It is forbidden to deny or
buy off your entitlement to paid annual leave.
While you are on leave, all other contractual entitlements still apply;
when you have signed off, the contract ends.
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The following should not be counted as annual leave:
You should have the right to take annual leave in your home country. You should
not be required to take leave in a place where you have no substantial connection
unless it is with your agreement. If you do have to take your leave from a different
place then you should be entitled to free transportation at the shipowner’s
expense to your place of recruitment as well as subsistence for the duration of the
journey. The travel time should not be deducted from your paid annual leave.
When you take your leave should be agreed between you and your employer.
You should be able to take all your leave at once, but sometimes it may be
divided into parts.
Regulation 2.4
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Repatriation
The maximum period you can be expected to serve on board before being
entitled to repatriation at the shipowner’s expense is 12 months.
Shipowners are not allowed to ask you for a contribution nor can they make a
deduction from your wages towards the cost of repatriation, unless you have
seriously breached the terms of your employment agreement.
If the shipowner fails to pay for your repatriation, the flag State must take over
this responsibility. If, for any reason the flag State fails to do this, contact your
consulate or diplomatic mission. They should be able to arrange your
repatriation and claim the costs back from the flag State, who in turn can claim
against the shipowner. The port State should also help you to find a way home.
All ships flying flags of States that have signed the Convention must carry on
board and have available for seafarers a copy of the flag State’s provisions on
repatriation.
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You should have the right to choose your preferred place of repatriation from
the following options:
You should agree to whichever option you prefer at the time of engagement.
If you are under 18, have served at least 4 months on your first foreign-going
voyage, and find that you are not suited to a life at sea, you should be given
the opportunity of repatriation, at no expense to yourself, from the next
suitable port of call.
If the shipowner fails to cover the costs of your repatriation or you have been
left without necessary maintenance and support, or the shipowner has cut
contact with you and you haven’t been paid for two months, you are
considered abandoned.
There must be a financial security system in place that you can access directly
in this event, details of which must be clearly posted on board in English. You
or your representative has a right to receive prompt assistance on request
that covers:
Regulation 2.5
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Seafarer compensation for the ship’s loss or foundering
Regulation 2.6
Manning levels
To ensure that seafarers work on board ships with sufficient personnel for
the safe, efficient and secure operation of the ship
You have a right to work on a safely and securely operated ship. There must be
adequate crew on board, in terms of number and qualifications, to ensure the
safety and security of the ship and all those on board under all operating conditions.
The manning levels have to take into account the need to avoid excessive hours of
work, ensure sufficient rest and limit fatigue. They also have to take into account the
requirement for seafarers working in catering and food services.
Manning levels also have to take into account the nature and conditions of
the voyage.
If you think that your vessel is operating with insufficient manning, report it to
your union or to ITF London. There should be a complaints procedure in place
to allow concerns to be raised with the flag State.
Regulation 2.7
1. Each Member shall require that all ships that fly its flag have a sufficient
number of seafarers employed on board to ensure that ships are operated
safely, efficiently and with due regard to security under all conditions, taking
into account concerns about seafarer fatigue and the particular nature and
conditions of the voyage.
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Career and skill development and opportunities
for seafarers’ employment
that the sector has a competent workforce. You should have the opportunity
to strengthen your competencies, qualifications and employment
opportunities.
Regulation 2.8
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TITLE 3: Accommodation, Recreational Facilities, Food and Catering
You are entitled to safe and decent living and recreational facilities on board.
Flag States have to pass laws and regulations obliging ships flying their flag
to comply with a set of standards that must be inspected for compliance.
Inspections have to be carried out when a ship is registered, re-registered
or when substantial structural changes are made to the accommodation
on board.
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The following tables set out the minimum requirements that flag States
must ensure are fulfilled on their ships. However, provisions relating to
ship construction and fixed equipment don’t apply to ships built before the
Convention obligations come into force (ie. when the Convention’s ratification
requirements have been met and the flag State in question has signed up).
(Text in italics in the table below indicates that the provision is from the guidelines, part B of the code.)
Your Rights under the Maritime Labour Convention
Insulation Adequate
Ventilation in ships Air conditioning for seafarer Where ship is regularly trading
accommodation, radio rooms in a temperate climate
and central machinery control
rooms. The ventilation and air
conditioning system should at
all times maintain comfortable
conditions for crew
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General Requirement Exemptions & Allowances
Health and safety Health and safety protection and
protection and accident prevention
accident requirements apply to
prevention accommodation and recreational
and catering facilities. They must
prevent the risk of exposure to
hazards and provide acceptable
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General Requirement Exemptions & Allowances
Hospital Separate hospital May be relaxed for ships
accommodation accommodation to be used engaged in coastal trade
exclusively for medical purposes,
on ships with 15 or more
seafarers, on voyages of more
than three days.
The accommodation should be
Your Rights under the Maritime Labour Convention
Mess rooms Located separate from sleeping Ships of less than 3,000 GT may
rooms, close to the galley be exempt following consultation
Adequate for the number of crew. with shipowners’ and seafarers’
Where there is more than one representatives
mess room, one should be for
the master and officers, separate
facilities should be provided for
all other seafarers.
Floor area per person should be Recommended floor area may be
at least 1.5 square metres. less on passenger ships
Mess rooms should be equipped
with sufficient tables and seats.
There should be facilities for hot
beverages, cool water and a
conveniently situated refrigerator
available at all times.
Shipowner should provide good
quality plates, cups and other
mess utensils
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General Requirement Exemptions & Allowances
Recreational Appropriate to meet the needs of
facilities, all seafarers living and working
amenities on board.
Taking into account health and
safety protection and accident
prevention.
Ideally, some or all of the
Laundry facilities Appropriately situated and Ships of less than 200 GT may
furnished be exempt following
Laundry facilities should include consultation with shipowners’
washing machines, drying and seafarers’ representatives
machines or drying rooms and
irons and ironing boards
Ship’s office(s) For use by deck and engine Ships of less than 3,000 GT
departments may be exempt following
consultation with shipowners’
and seafarers’ representatives
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General Requirement Exemptions & Allowances
Inspections Master should be required to
oversee frequent inspections
to ensure decent, clean, well-
maintained conditions on
board Results to be recorded
for review
Your Rights under the Maritime Labour Convention
Sleeping
Requirement Exemptions & Allowances
Accommodation
Situation of sleeping Above the load line, In exceptional cases sleeping
rooms on vessels amidships or aft rooms may be located in the
fore part of the ship, never
forward of the collision
bulkhead
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Sleeping
Requirement Exemptions & Allowances
Accommodation
Ventilation and heating Adequate
in sleeping rooms and
mess rooms
Floor area: single berth 4.5 (7.5 for Officers*) Reduced area may be permitted
rooms in ships less square metres in order to provide single berth
than 3,000GT rooms on ships below 3,000 GT,
passenger ships and special
purpose ships.
Ships of less than 200 GT may
be exempt following
consultation with shipowners’
and seafarers’ representatives
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Sleeping
Requirement Exemptions & Allowances
Accommodation
Floor area: single berth 7 (10 for Officers*) square
rooms in ships over metres
10,000 GT
Sleeping rooms on 7.5 square metres in rooms Ships of less than 200 GT may
Your Rights under the Maritime Labour Convention
passenger ships and for two people, 11.5 square be exempt following
special purpose ships metres in rooms for three consultation with shipowners’
people, 14.5 square metres and seafarers’ representatives
in rooms for four people
Special purpose ships May have more than four Ships of less than 200 GT may
people to a room, minimum be exempt following
of 3.6 square metres consultation with shipowners’
required per person and seafarers’ representatives
Master, chief engineer, Sitting room/day room in Ships of less than 3,000 GT may
chief navigating officer addition to sleeping quarters be exempt following
consultation with shipowners’
and seafarers’ representatives
*Applies for officers where no private sitting room or day room is provided
Berths Minimum inside dimension:
198cm x 80cm. Berths should
be as comfortable as possible
for the seafarer and partners
who may accompany them.
Berths should be fitted with a
comfortable mattress.
Berths should be no more
than two-tier and should not
obstruct sidelights.
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Sanitary Facilities Requirement Exemptions & Allowances
Easily accessible for all seafarers
on board, meeting standards of
health, hygiene and comfort.
Separate facilities for men and
women.
Additional facilities in easy reach Ships of less than 3,000 GT
All sleeping rooms Washbasin with hot and cold Unless a private bathroom
other than on running fresh water is provided.Passenger ships
passenger ships normally engaged on voyages
of no more than 4 hours may
make special arrangements.
Ships of less than 200 GT,
may be exempt following
consultation with
shipowners’ and seafarers’
representatives
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ACCOMMODATION TABLE
All ships Passenger Special Ships Ships below
above ships purpose below 200 gt
3,000 gt ships 3,000 gt
Min floor area in 5.5 sq. m 4.5 sq.m 4.5 sq.m 4.5 sq.m
single berth ships less possible possible possible
sleeping room than reduction reduction reduction
10,000 gt,
7 sq.m ships
more than
10,000 gt
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ACCOMMODATION TABLE
All ships above Passenger Special Ships Ships
3,000 gt ships purpose below below
ships 3,000 gt 200 gt
Min floor area for 8.5 sq.m in ships junior officers: 7.5 sq.m 7.5 sq.m
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Your Rights under the Maritime Labour Convention
To ensure that seafarers have access to good quality food and drinking
water provided under regulated hygienic conditions
Ships must carry sufficient quantities of good quality food and drinking water
and supply it free of charge during your period of engagement. Food provided
has to be nutritious and varied and prepared and served in hygienic
conditions. Religious and cultural differences also have to be considered.
Ships’ cooks have to be over 18 and appropriately trained and qualified for
the job. However, on ships with less than 10 crew or in exceptional cases for a
period no longer than one month, the cook does not have to be fully qualified,
but all those responsible for handling food, must be trained in matters
relating to hygiene, food and its storage on board.
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TITLE 4: Health Protection, Medical Care, Welfare and Social Security
Protection
To protect the health of seafarers and ensure their prompt access to medical
care on board ship and ashore
Whilst you are on board you must be able to protect your health and have
prompt access to medical care, including dental care, should you need it. The
flag State is responsible for standards of health protection on the vessel and
for promoting health education programmes on board.
You should not be worse off than people working ashore. This means you
should have prompt access to necessary medicines, medical equipment and
facilities for diagnosis and treatment as well as medical information and
expertise.
All States that have signed the Convention must give you access to medical
care if you are in urgent need of it whilst in their territory. When in port you
should be able to visit a doctor or dentist without delay. You should be able to
get medical care and health protection free of charge, though the level of
provision may vary according to national law.
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On-board medical facilities
All ships have to have a medical chest, medical equipment and a medical
guide on board.
Whenever dangerous goods are carried on board, you should be informed of all
necessary information on the nature of the substances, including risks, necessary
measures for personal protection, relevant medical procedures and antidotes.
Any such antidotes should be carried on board along with protective devices.
For ships carrying 100 or more people, on international voyages of more than
three days, there must be a qualified medical doctor on board. National laws
may require other ships to carry a doctor depending on the nature and
conditions of the voyage.
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● Document for Guidance – An International Maritime Training Guide
● International Code of Signals (medical sections)
If you are the person responsible for medical care on board, you
should have had:
● instruction in the use of the ship’s medical guide and the medical
section of the most recent edition of the International Code of Signals
● training in medical care and first aid in line with STCW and
requirements and national laws, including practical training and
training in life-saving techniques
41
Shipowners’ liability
Shipowners are responsible for any costs resulting from sickness, injury or
death connected to your employment, from the date you start a contract until
Your Rights under the Maritime Labour Convention
you have been repatriated, or you can claim medical benefits under an
insurance /compensation scheme. This could be a State, or private
sickness/accident insurance, or a workers’ compensation scheme.
If you need medicine, medical treatment, or have to stay away from home while
your condition is treated, the shipowner has to pay any bills until you have
recovered or you have been signed off as permanently disabled. The shipowner’s
responsibility for paying these costs may be limited to 16 weeks from the day of
injury/sickness, if stated in national law/regulation.
If you are unable to work as a result of the injury/illness you should get full wages
so long as you are on board. When you get home national laws and CBAs apply
which will determine whether you get full pay, part pay or a cash settlement.
These payments may be limited to 16 weeks from the day of injury/sickness.
42
Claims can be made by you, your next of kin or a representative.
Details of the certificate or policy must be clearly posted on board in English. You
have a right to be informed if a shipowners financial security is to be cancelled or
terminated.
43
Health and safety protection and accident prevention
You are entitled to live and work in a safe and hygienic environment where a
culture of safety and health is actively promoted.
Your Rights under the Maritime Labour Convention
Safety and health on board has to be regulated by the laws of the flag State,
taking into account international standards.
Seafarers and shipowners have an obligation to comply with standards set for
occupational safety and health on board, these must be clearly specified along
with the duties of the Captain or the person made responsible by the Captain for
safety and health on board. Your attention must be drawn to any safety regulation
or procedures to be followed on board and information should be clearly posted.
There should also be ongoing publicity campaigns advising on health protection
and accident prevention.
If you are on a ship with five or more seafarers, you have to have a seafarers’
safety representative elected or appointed by the crew to participate in the
ship’s safety committee.
The ITF has guidance on the role of the onboard safety representative,
see www.itfseafarers.org or contact an ITF inspector.
44
There are international standards that set out requirements on acceptable
levels of exposure to workplace hazards as well as how to develop and put
into practice ships’ occupational safety and health policies. The MLC doesn’t
specify details; instead it sets out what matters should be addressed in the
flag State regulations. It is the shipowners’ responsibility to put them into
practice.
45
Young Seafarers
Young seafarers should not be expected to carry out high risk work without
supervision, or night work unless for training purposes.
The ITF and ICS have produced guidance on the elimination of shipboard
harassment and bullying, see
http://www.itfglobal.org/en/resources/reports-publications/ics-itf-
Your Rights under the Maritime Labour Convention
bullying-and-harassment-guide
46
Access to shore-based welfare facilities
Consulates
In case you get into difficulty in a foreign port, you should have access to
your consul (if there is one) and there should be good cooperation between your
consulate and the local authorities. If you are detained, your case should be dealt
with promptly and lawfully. You can seek assistance and protection either from the
country of your nationality or from the flag State of your vessel, so you should
make sure both are immediately informed if you are detained abroad.
47
Social security
To ensure that measures are taken with a view to providing seafarers with
access to social security protection
You and your dependants have a right to have access to social security
protection as far as they are provided in national law.
Your Rights under the Maritime Labour Convention
The following list shows the different areas that you need to consider when
checking what you’re covered for:
● Medical care
● Sickness benefit
● Unemployment benefit
● Old-age benefit
● Employment injury benefit
● Family benefit
● Maternity benefit
● Invalidity benefit
● Survivors’ benefit
The MLC aims to encourage wider social security protection for seafarers.
States signing up to the Convention have to provide at least three from the
above list, the three recommended areas are: medical care, sickness
benefit and employment injury benefit. Normally this should be done by
the authorities in the country where you live, but it may be arranged through
agreement with the flag State or through your employer or union. You may
have to contribute financially to the scheme. The point is that you should
not be worse off, in terms of social security, on account of choosing a
career at sea.
48
In the event of any dispute over social security provisions, there has to be a fair
and effective settlement procedure.
Your employment agreement should clearly set out any aspects of social
security protection provided by the shipowner, any statutory deductions that are
to come out of your wages (to be paid into a State scheme) and any
contributions that the shipowner has to pay on your behalf.
49
Photo: Danny Cornelissen
Your Rights under the Maritime Labour Convention
50
3. Safeguarding your rights
TITLE 5: Compliance and Enforcement
There are several ways to address problems of non-compliance with the MLC.
If the problem is with the flag State, ie, It has not put in place adequate regulations
to implement the Convention, the issue should be referred to the ITF to be raised
with the International Labour Organization through official channels (see onshore
complaint handling procedure pg59). If the problem is with a shipowner then the
matter can be raised with the flag State or with the port State. There is a
Every flag State that has ratified the Convention is responsible for ensuring
that the MLC’s requirements are implemented on board ships flying its flag.
Whenever the Convention refers to a Member’s responsibility, that State has to make
sure that it has national laws, regulations or some other measure in place that fulfil
the requirement. For example taking the minimum age for seafarers, a State may
advise of compliance with this requirement through a national law prohibiting anyone
under the age of 16 to work. Taking the requirement to ensure provision of a minimum
of three forms of social security protection, if a State had nothing in its national law
referring to social security, or failed to cover the minimum required, it would have to
pass laws, amend its regulations or come up with some other measure to ensure
compliance with this provision of the MLC.
51
Each flag State will decide for itself how to comply with the Convention so
conditions will vary from flag State to flag State. This is permitted so long as
the Convention’s requirements are met and the ship complies with the flag
State’s standards, which must be set out in the Maritime Labour Certificate
and the Declaration of Maritime Labour Compliance.
Ships flying the flag of a State that has signed the Convention must also
have a copy of the Convention available on board.
Safeguarding your rights
Each ship over 500 GT, operating in international waters or between ports of different
coutries, has to have a maritime labour certificate issued either by the flag State or by
the recognized organization working on its behalf. The certificate can be valid for a
period of no more than five years. The certificate confirms that the vessel complies
with the Convention requirements and the following points have to be addressed:
● Minimum age
● Medical certification
● Qualifications of seafarers
● Seafarers’ employment agreements
● Use of any licensed or certified or regulated private
recruitment and placement service
● Hours of work or rest
● Manning levels for the ship
● Accommodation
● On-board recreational facilities
52
● Food and catering
● Health and safety and accident prevention
● On-board medical care
● On-board complaint procedures
● Payment of wages
● Financial security for repatriation
● Financial security relating to shipowners’ liability
The ship must be inspected to check the ongoing validity of the certificate
and to renew it at the end of the period for which it is valid. If the certificate
is valid for five years, there must be at least one intermediate inspection
between the second and third year of that term.
● Inspections are not carried out within the specified period of time
● The certificate is not endorsed by the flag State or by its
recognised organization
● A ship changes flag
● A ship changes owner
● Substantial changes have been made to the structure or
equipment of the vessel
53
Inspection and enforcement
All the requirements of the MLC relating to the working and living conditions of
seafarers must be inspected, even on ships that are not required to carry a
Maritime Labour Certificate. If a ship is deficient and in serious contravention of the
requirements of the Convention, there are two ways in which this can come to light
and be addressed. One way is through the regular inspections, the other is through
the complaints procedures. The flag State inspector is responsible for the thorough,
initial inspection for compliance and the port State inspector should make sure that
everything is order when the ship comes to port.
The flag State has to operate an effective system for inspecting your working and
living conditions on board ships flying its flag. It also has to investigate any well-
founded complaint. There should be a policy on compliance and enforcement that
should be made available to you.
Safeguarding your rights
In cases not involving a serious breach, the inspector may order the
deficiency to be rectified by a set date. Where a vessel has a good history
and the inspector considers the breach not to be serious, he/she may give
advice instead of taking action. Decisions over what course of action to
take will ultimately depend on the professional judgement of the inspector.
If you report a problem or grievance to an inspector, he/she must not tell the
shipowner or their representative that the information came from you. If, as a
result, an inspection is carried out on board he/she must not make it known
that this was as a result of a complaint. Under no circumstances should you
be vicitimised on account of making a complaint.
54
Reports on major incidents have to be submitted within one month of
investigation.
There must be a procedure in place on board your ship enabling you to make
a complaint about breaches of the Convention and your rights, including the
right to live and work in decent conditions. It must be handled fairly,
effectively and promptly. Make sure you get a clear understanding of the time
limits for dealing with your complaint, especially if the matter is serious.
To start with you should try to resolve problems at the lowest possible
level, but you do have the right to go directly to the master, or to external
authorities such as a representative of the flag State. At all times you have
the right to be accompanied by a representative or a fellow seafarer and
When you join the ship you will get a copy of the on-board complaints
procedure. This will give you contact details of the responsible person from
the flag State and from your country’s administration (if different). It will also
identify the person or people on board to whom you can go for advice and
assistance in making a complaint.
55
Making a Complaint On-Board
COMPLAINT
YES NO
RESOLUTION NON-RESOLUTION
56
Maritime casualties
Inspections in port
● the documents are not produced, are invalid or have been falsified
● the inspector has grounds for believing that the working and living
conditions are substandard in terms of the Convention
● the ship has changed flag in an attempt to avoid compliance with
the Convention
● a specific complaint has been made about the working/living
conditions on board by a seafarer, a trade union, or any person with
an interest in the safety and health of seafarers and their ship
Where deficiencies are found, the inspector should bring them to the attention
of the master and give him/her a deadline to fix them. If the conditions on
board are found to be hazardous to your safety, health or security or there has
been a serious or repeated breach of the Convention requirements, the ship
can be detained until the problems have been rectified. Seafarers’ and
shipowners’ organisations have to be informed of significant complaints or
deficiencies found in the course of inspections in port.
57
Examples of circumstances that may require detention of the ship
The following list is taken from the Guidelines for port State control officers
carrying out inspections under the MLC, 2006. They are examples of the kinds of
circumstances which could warrant a decision to keep the ship in port, either
because they are repeated or because of the seriousness of a single instance:
58
On-Shore Complaint Handling Procedure
COMPLAINT
UNDERTAKES INVESTIGATION
CHECK IF ON-BOARD
PROCEDURE FOLLOWED
PROBLEM
SUCCESSFULLY
RESOLVED PROBLEMS NOT RESOLVED
PROBLEMS NOT RESOLVED, HAZARDOUS CONDITIONS
BUT ARE NOT CONSIDERED ON BOARD SERIOUS/RE-
SEVERE E NOUGH TO PEATED BREACH OF THE
REQUIRE DETENTION OF CONVENTION INCLUDING
SEAFARER INFORMED THE VESSEL BREACH OF SEAFARERS’
’
OF ACTIONS TAKEN RIGHTS
DECISION RECORDED COPY
PROVIDED TO SEAFARER
CASE CLOSED
INSPECTOR NOTIFIES INSPECTOR CAN HAVE SHIP
FLAG STATE AND REQU IRES DETAINED UNTIL SUCH
A CORRECTIVE PLAN TIME AS THE DEFICIENCIES
OF ACTION SETS A ARE RESOLVED OR HE/SHE
PRESCRIBED DEADLINE IS SATISFIED THAT THERE
FOR RESOLVING THE IS AN ADEQUATE PLAN FOR
PROBLEMS RECTIFICATION
IF THE PROBLEMS
ARE STILL NOT RESOLVED FLAG STATE
REPORT SENT TO NOTIFIED SHIPOWNERS’
DIRECTOR GENERAL OF AND SEAFARERS’
THE ILO. SEAFARERS’ ORGANISATIONS
AND SHIPOWNERS’ INFORMED
ORGANISATIONS INFORMED
59
Labour-supplying responsibilities
These ensure that each Member implements its responsibilities under this
Convention as pertaining to seafarer recruitment and placement and the
protection of its seafarers
60
4. Conventions incorporated into the MLC
Minimum Age (Sea) Convention, 1920 (No.7)
Unemployment Indemnity (Shipwreck) Convention, 1920 (No.8)
Placing of Seamen Convention, 1920 (No.9)
Medical Examination of Young Persons (Sea) Convention, 1921 (No.16)
Seamen’s Articles of Agreement Convention, 1926 (No.22)
Repatriation of Seamen Convention, 1926 (No.23)
61
Wages, Hours of Work and Manning (Sea) Convention (Revised), 1958 (No. 109)
Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No.133)
Prevention of Accidents (Seafarers) Convention, 1970 (No.134)
Continuity of Employment (Seafarers) Convention, 1976 (No.145)
Seafarers’ Annual Leave with Pay Convention, 1976 (No.146)
Merchant Shipping (Minimum Standards) Convention, 1976 (No.147)
Seafarers Welfare Convention, 1987 (No.163)
Conventions incorporated into the MLC
62
5. MLC Index – where to find what you’re
looking for
INDEX Articles, Regulations, Page Ref
Standards and Guidelines
Certification Title 5 52
63
INDEX Articles, Regulations, Page Ref
Standards and Guidelines
Denunciation Article IX -
64
INDEX Articles, Regulations, Page Ref
Standards and Guidelines
65
INDEX Articles, Regulations, Page Ref
Standards and Guidelines
Standard A5.1.4 54
Guideline B5.1.4 54
66
INDEX Articles, Regulations, Page Ref
Standards and Guidelines
67
INDEX Articles, Regulations, Page Ref
Standards and Guidelines
59
Onshore seafarer complaint-handling Regulation 5.2.2 59
procedures Standard A5.2.2 59
Guideline B5.2.2
10
Organisational and operational guidelines Guideline B1.4.1
(recruitment and placement)
57
Port State responsibilities (compliance and Regulation 5.2
enforcement)
-
Preamble -
Protection and prevention programmes, Guideline B4.3.8
Content of
-
Protection and prevention programmes, Guideline B4.3.7
National
-
Recognised organisations, authorization of Regulation 5.1.2 -
Standard A5.1.2 -
Guideline B5.1.2
68
INDEX Articles, Regulations, Page Ref
Standards and Guidelines
69
INDEX Articles, Regulations, Page Ref
Standards and Guidelines
70
INDEX Articles, Regulations, Page Ref
Standards and Guidelines
71
INTERNATIONAL TRANSPORT
WORKERS’ FEDERATION
ISBN: 1-904676-34-0