.mlc
The Maritime Labor Convention is one of the pillar of IMO, Enter into forced on August, 2013.
MLC would ensure that seafarers basic rights in terms of working condition, accommodation facilities, medical benefits and social security protection. The Maritime Labor Convention (MLC) is divided into 5 main parts which are:
Title-1, Minimum requirements for seafarers to work on a ship
Under this title 4 regulations which are
- Reg 1.1- Minimum age
- Reg 1.2- Medical certificate
- Reg 1.3- Training and qualification
- Reg 1.4- Recruitment and placement
Title-2, Condition of employment
Under this title 8 regulations which are
- Reg 2.1- Seafarer’s employment agreement.
- Reg 2.2- Wages
- Reg 2.3- Hours of work and hour of rest
- Reg 2.4- Entitlement to leave
- Reg 2.5- Repatriation
- Reg 2.6- Seafarer’s compensation for ship loss or foundering
- Reg 2.7- Manning levels
- Reg 2.8- Career and skill development and opportunities for seafarer’s employment
Title-3, Accommodation, recreational facilities, food and catering
Under this title
- Reg 3.1- Accommodation and recreational facilities
- Reg 3.2- Food and catering
Title-4, Health protection, medical care, welfare, and social security protection
Which covers
- Reg 4.1- Medical care onboard ship and ashore
- Reg 4.2- Ship’s owner liability
- Reg 4.3- Health and safety protection
- Reg 4.4- Access to shore base welfare facilities
- Reg 4.5- Social security
Title-5, Compliance and enforcement
Covers
Flag state responsibility
- Authorization of recognized organization (RO)
- Inspection and enforcement
Port State Responsibilities
- Maritime labor certificate
- On board compliance procedures
- Marine Casualties
- Labor Supplying responsibilities
Description:
1. Minimum Requirements for seafarers to work on ships
• Minimum age; to ensure no underage person working onboard.
1) Minimum working age is 16. Below 18 years old classified as young seafarers.
2) Night work for seafarers under 18 not allowed.
3) No hazard task to young seafarer, (entry to boiler, working aloft, handling mooring line, handling power tools, handling dangerous chemicals, service electrical equipment.
• Medical certificate; to ensure seafarer medically fit to perform duties.
1) Must have valid and approved medical certificate
2) certificate should state that person hearing, eyesight, color vision are not suffering from any condition
3) Medical cert valid for 2 years and for young seafarer 1 year
4) Seafarer permitted to work without a valid medical cert until next port to get a valid cert but not exceed 3 months.
5) Cert must be in English
• Training and certifications; ensure seafarers are trained and qualified for duties
1) All seafarers to be trained and certified as competent according to STCW
• Recruitment and placement; ensure all seafarer have access to recruitment
1) All seafarers have a system for finding employment without charge.
2) Ship-owner using recruitment service ensures they follow code
2. Conditions of Employment
• Seafarer’s Employment Agreement (SEA); to ensure fair employment
1) Terms and conditions must be clearly written
2) Seafarer can review, seek advice before signing
3) Seafarer must have original, signed copy readily available
4) SEA should contain
o full name, dob, POB.
o Ship-owner name and address
o Place, date of SEA issued.
o Rank
o Wages and leave pay
o Termination agreement and conditions
o Health and social security protection
o Entitlement to repatriation
o Onboard complaint procedure
• Wages; ensure seafarer paid for service
1) Wages to be paid monthly
2) Pay slip given
3) Employers give means to transfer money to family or dependents.
4) Overtime record maintain by masters, signed by seafarer
5) No deduction made to retain employment
• Hours of rest and hours of work; ensure seafarers have regulated hours of work, and rest
1) Work hours do not exceed 14h/day and 72h/week
2) Rest hour not less than 10h/day and 77h/week
3) Rest hour maximum divided into 2 parts, intervals between maximum 14 hours
4) 1 part of rest at least 6 hours.
5) Drills conducted to minimized disturbance of rest period
6) UMS alarms, to be compensated with rest
7) Work schedule posted at common area, common language
8) Records in standard format and given.
• Entitlement to leave; ensure seafarers have adequate leave
1) Seafarer paid annual leave at least 2.5 calendar days/ month served on board
2) To be granted shore leave
3) Public holiday, sick leave, shore leave not consider annual leave
• Repatriation; to ensure seafarer can return home
1) To be home at no cost, if contract expire, terminated.
2) Ship owner not allowed to let seafarer make advance payment to cost.
3) If ship-owner fails, flag state must ensure and shall not refuse.
4) Cost include accommodation, food, pay and allowance until reaching home.
5) Transportation 30kg and medical treatment
6) Seafarer have right to choose place of repatriation
7) Young seafarer served 4 months, if unsuited to be sent home with no expense.
• Seafarer compensation for ship’s loss or foundering; seafarer are compensated when ship is lost.
1) Seafarer entitled to compensation for injury or loss of employment
• Manning levels; ensure ship have sufficient personnel for safe and secure operation of ship.
• Career and skill development and opportunities for seafarer’s employment; promote career and skill development, employment opportunities
3. Accommodation, Recreation, Food and Catering:
→ ensure seafarers has decent accommodation and recreational facilities.
• Accommodation and recreational facilities should have required size, and convenient access to ship sanitary facilities. Maximum 1 toilet for 6-person, wash basin in each cabin.
• Food and catering; ensure seafarer have good quality food and drinking water.
1) Cook must be trained and certified.
4. Health Protection, Medical Care, Welfare and Social Security Protection•
• Medical care on board and ashore; to protect health of seafarer and access to medical care onboard and ashore
1) To be provide at no cost
2) Standard medical report to be used
3) All ship carry medicine chest, equipment and guide
4) Ship carrying 100 person on voyage more than 3 days shall carry a doctor
5) If not carry a doctor, require to have a seafarer in charge of medical care
6) Seafarer to go through 5 years interval of first aid training
• Ship owner’s liability; to ensure seafarer protected from financial consequence of sickness, injury or death.
• To ensure seafarer work environment promotes occupational safety and health.
• Seafarers have Access to shore-based welfare facilities;
• Social Security; measures to ensure seafarer have access to social security protection
5. Compliance and Enforcement
• Flag state responsibility; to ensure flag state implement its responsibility’.
Authorize RO for inspection. issue Maritime labor certificate and declaration of maritime labor compliance
• Port State Responsibilities; to ensure port state implement its responsibility in implementation and enforcement.
• Labor Supplying responsibilities; ensure each member implement responsibility under convention regards to recruitment and placement, social protection
• Marine Casualties; flag state to give final report to public.