MLC2006 and Seafarer Employment Agreements
This page sets out the major objectives of the Maritime Labour Convention 2006 (MLC2006) as they apply to the ship’s master.
What is MLC2006?
The Maritime Labour Convention 2006 is a comprehensive international labour convention that was adopted under the auspices of the International Labour Organisation in 2006.
MLC 2006 sets out seafarers’ rights to decent working conditions while helping create fair competition for shipowners.
It is intended to be a globally-mandated, simple and easily amendable text that is enforced uniformly.
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Seafarers should be treated as key workers and exempted from travel restrictions during #COVID19 to help ensure the flow of essential goods, energy, food, medicines, etc. #MLC2006 https://t.co/onY6s53Aux pic.twitter.com/9X5laeuPjD
— International Labour Organization (@ilo) April 1, 2020
Why has MLC2006 been called the "fourth pillar" of maritime regulation?
MLC2006 was devised as a binding legal instrument within the international regulatory regime for shipping.
It is called the fourth pillar of maritime legislation' because it complements the three other primary IMO conventions: SOLAS, STCW, and MARPOL.
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Where did MLC2006 come from?
The MLC2006 contains a broad range of global principles based on regulations previously codified in various labour conventions and recommendations adopted by the ILO between 1920 and 1996.
MLC2006 condenses 14 existing maritime labour instruments into a single convention.
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If these principles were already contained in conventions, then why was MLC2006 introduced?
Although many of the main points of the MLC2006 were already included in international conventions, there was still a need to develop a more effective system of oversight and enforcement to eliminate substandard ships.
It was rightly determined that compliance with these hard-won labour protection principles could best be controlled within the established system for enforcement of the IMO standards for ship safety, security and protection of the marine environment: port state control.
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What are the basic aims of MLC2006?
MLC2006 has two basic aims. They are:
- To provide comprehensive worldwide protection of the rights of seafarers (the convention has been called the seafarers’ Bill of Rights).
- To establish a level playing field so that states, shipowners and managers can commit to providing decent working and living conditions for seafarers. They are protected from unfair competition from substandard ships and operators through the principle of "no more favourable treatment".
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When did MLC2006 come into effect?
The 94th Maritime Session of the International Labour Conference (ILC) adopted MLC2006 on 23rd February 2006.
MLC2006 came into force on the 20th of August 2013.
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To whom does MLC2006 apply?
MLC applies to all ships normally ordinarily engaged in commercial activities, except for:
- ships that navigate only in inland waters or waters within (or closely adjacent to) sheltered waters or areas where port regulations apply ships engaged in fishing or similar pursuits
- ships of traditional build such as dhows and junks
- warships and naval auxiliaries
Note that there are no general tonnage or trading area limitations regarding the application of MLC2006.
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Structure of the MLC2006
MLC2006 consists of the following parts:
- Preamble, which provides non-binding information concerning the ambitions and intentions of the drafters of the convention
- Articles and regulations, which broadly set out the principles and obligations
- Part A of the Code covers the convention standards
- Part B of the Code consists of guidelines on the convention's implementation
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What are the five titles of MLC2006?
The regulations and Parts A and B of the Code are organised into five titles. They are:
- 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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Today's #FOCinspection:
— Christian Roos ⚓ #CrewChangeNow (@roos_christian) October 2, 2018
2 months no salary, expired #employment contracts, #cadet exploitation, questionable work and resting hours records and no record of overtime.@ITFSeafSupport @ITFglobalunion @ACV_Maritime @acvtranscom #ITFseafarers⚓ #ITFinspectors⚓ #MLC2006 pic.twitter.com/1uZizqvDfc
Minimum information that must be included in Seafarer Employment Agreements
The Seafarer Employment Agreements (SEAs) can be divided into three principal parts:
Part 1 contains details that are required in ALL agreements. These include:
- Identity of seafarer including name, birthplace and date of birth
- Identity of shipowner including company name and address
- Place or name of the ship and date on which the agreement was signed
- Role for which the seafarer is employed on board
- For fixed-term contracts, the agreed termination date
- If the agreement has been made for an indefinite period, the period of notice of termination required and the circumstances in which such notice may be given
- Where the employment agreement has been entered into for a single voyage, destination port and the date of conclusion in the period following arrival
- Health and social security benefits to be provided to seafarers
- The maximum period of service on board, after which the seafarer is entitled to repatriation. Provisions should specify the mode of transport and final destination of repatriation, as well as any circumstances in which the seafarer is required to reimburse any costs incurred by the shipowner.
- Details of the compensation owed by the shipowner to the seafarer in case of destruction of personal property arising from the loss of the ship
- Details of any collective bargaining agreement incorporated into the SEA
Part 2 contains the provisions to be included when the seafarer IS an employee. These include:
- Salary details including the remuneration formula to be used
- Details of how the salary will be paid, including remittance dates and settlement currency
- The hours of work requirements
- Paid leave details include either the amount or the formula to be used
- Pension and entitlement schemes to be provided to seafarers
- Grievance and disciplinary procedures
Part 3 contains the provisions to be included when the seafarer IS NOT an employee. They are:
- Salary details, which include either the amount or the formula to be used to calculate the amount
- Details of how the salary will be paid, including remittance dates and settlement currency
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