Maritime Labour Convention
The Maritime Labour Convention is an International Labour Organization convention, number 186, established in 2006 as the fourth pillar of international maritime law and embodies "all up-to-date standards of existing international maritime labour Conventions and Recommendations, as well as the fundamental principles to be found in other international labour Conventions". The other "pillars are the SOLAS, STCW and MARPOL. The treaties applies to all ships entering the harbours of parties to the treaty, as well as to all states flying the flag of state party.
The convention entered into force on 20 August 2013, one year after registering 30 ratifications of countries representing over 33 per cent of the world gross tonnage of ships. Already after five ratifications the ratifying countries represented over 43 per cent of the gross world tonnage. As of September 2019, the convention has been ratified by 97 states representing over 91 per cent of global shipping.
Although the Convention has not been ratified worldwide, it has widespread effect because vessels from non-signatory states that attempt to enter ports of signatory states may face arrest and penalties for non-compliance with the MLC.
Content and Organization
The convention consists of the sixteen articles containing general provisions as well as the Code. The Code consists of five Titles in which specific provisions are grouped by standard :- 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
Some seafarers criticize the convention, saying that it lacks teeth, does not address real issues, and skirts important seafarer needs such as decent sized cabins, cupboards in cabins, shore leave, and rest hours by including them into Guidelines of the convention—or worse, by not addressing them at all.
Title 1: Minimum requirements for seafarers to work on a ship
The minimum requirements set out in this section of the code are divided in 4 parts and are summarized below:- Minimum age requirements: the minimum age is 16 years.
- Medical fitness: workers should be medically fit for the duties they are performing. Countries should issue medical certificates as defined in the STCW.
- Training: Seafarers should be trained for their duties as well as have had a personal safety training.
- Recruitment/placement services located in member states or for ships flying the flag of member states should have proper placement procedures, registration, complaint procedures and compensation if the recruitment fails
Title 2: Employment conditions
- Contracts: the contract should be clear, legally enforceable and incorporate collective bargaining agreements.
- Payments: Wages should be paid at least every month, and should be transferable regularly to family if so desired.
- Rest hours: rest hours should be implemented in national legislation. The maximum hours of work in that legislation should not exceed 14 hours in any 24-hour period and 72 hours in any seven-day period, or: at least ten hours of rest in any 24-hour period and 77 hours in any seven-day period. Furthermore, the daily hours of rest may not be divided into more than two periods and, at least six hours of rest should be given consecutively in one of those two periods.
- Leave: Seafarers have a right to annual leave as well as shore leave.
- Repatriation: Returning to their country of residence should be free.
- Loss: If a ship is lost or foundered, the seafarers have a right to an unemployment payments.
- Manning: Every ship should have a sufficient manning level.
- Development and opportunities: Every seafarer has a right to be promoted during his career except in cases where there is a violation of a statute or code of conduct, which inevitably hinders such promotion. Also, skill development and employment opportunities should be made available for each and every seafarer.
Title 3: Accommodation, Recreational Facilities, Food and Catering
- Accommodation: Accommodation for living and/or working should be "promoting the seafarers' health and well-being". Detailed provisions give minimum requirements for various types of rooms.
- Food and Catering: Both food quality and quantity, including water should be regulated in the flag state. Furthermore, cooks should have proper training.
Title 4: Health Protection, Medical Care, Welfare and Social Security Protection
- Medical care on board ship and ashore: Seafarers should be covered for and have access to medical care while on board; in principle at no cost and of a quality comparable to the standards of health care on shore. Countries through which territory a ship is passing should guarantee treatment on shore in serious cases.
- Shipowners' liability: Seafarers should be protected from the financial effects of "sickness, injury or death occurring in connection with their employment". This includes at least 16 weeks of payment of wages after start of sickness.
- Health and safety protection and accident prevention: A safe and hygienic environment should be provided to seafarers both during working and resting hours and measures should be taken to take reasonable safety measures.
- Access to shore-based welfare facilities: Port states should provide "welfare, cultural, recreational and information facilities and services" and to provide easy access to these services. The access to these facilities should be open to all seafarers irrespective of race, sex, religion or political opinion.
- Social security: Social security coverage should be available to seafarers.
Title 5: Compliance and Enforcement
- Flag states: Flag states are responsible for ensuring implementation of the rules on the ships that fly its flag. Detailed inspections result in the issue of a "Certificate of Maritime Compliance", which should always be present on a ship. Ships are required to have decent complaints procedures in place for its crew and should institute investigations in case of casualties.
- Port States: The inspection in ports depends on whether a Certificate of Maritime Compliance is present. If the Certificate is present, compliance is to be assumed in principle, and further investigations only take place if the certificate is not in order or there are indications of non-compliance. For ships that don't have the certificate, inspections are much more detailed and should ensure -according to a "no more favorable treatment principle" that the ship has complied with the provisions of the convention. The convention is thus -indirectly- also valid for ships of non-member countries if they plan to call to ports of a member state.
- Labour agencies: Agencies supplying on maritime workers to ships should also be inspected to ensure that they apply the convention.
Negotiations
Ratifications
As of June 2020, the treaty has been ratified by 97 countries, many of which are large flag states in terms of the tonnage they transport. The European Union advised its 27 members to ratify the treaty by 31 December 2010. The EU Decision provides: "Member States are hereby authorised to ratify, for the parts falling under Community competence, the Maritime Labour Convention, 2006, of the International Labour Organisation, adopted on 7 February 2006. Member States should make efforts to take the necessary steps to deposit their instruments of ratification of the Convention with the Director-General of the International Labour Office as soon as possible, preferably before 31 December 2010." As of October 2019, 24 countries had done so, while Croatia did so before it entered the European Union. The convention entered into force on 20 August 2013 for the 30 countries that ratified it prior to 20 August 2013. For other countries, the convention enters into force one year after registration of their instrument of ratification.
Country | Ratification | Entry into force | Notes | % of world gross tonnage |
Albania | <0.3 | |||
Algeria | <0.3 | |||
Antigua and Barbuda | 1.0 | |||
Argentina | <0.3 | |||
Australia | <0.3 | |||
Bahamas | 5.0 | |||
Bangladesh | <0.3 | |||
Barbados | <0.3 | |||
Belize | <0.3 | |||
Belgium | 0.4 | |||
Benin | <0.3 | |||
Bosnia and Herzegovina | <0.3 | |||
Bulgaria | <0.3 | |||
Brazil | ' | <0.3 | ||
Canada | <0.3 | |||
Cape Verde | <0.3 | |||
Chile | <0.3 | |||
Republic of the Congo | <0.3 | |||
China | including Hong Kong | 8.8 | ||
Cook Islands | ' | <0.3 | ||
Croatia | <0.3 | |||
Cyprus | 2.0 | |||
Denmark | including Faroe Islands excluding Greenland | 1.1 | ||
Djibouti | <0.3 | |||
Ethiopia | <0.3 | |||
Fiji | <0.3 | |||
Finland | <0.3 | |||
France | Including New Caledonia | 0.7 | ||
Gabon | <0.3 | |||
Gambia | <0.3 | |||
Germany | 1.4 | |||
Ghana | <0.3 | |||
Greece | 5.3 | |||
Grenada | <0.3 | |||
Hungary | <0.3 | |||
Iceland | <0.3 | |||
India | 1.17 | |||
Indonesia | 0.82 | |||
Iran | <0.3 | |||
Ireland | <0.3 | |||
Italy | 1.4 | |||
Jamaica | <0.3 | |||
Japan | 1.4 | |||
Jordan | <0.3 | |||
Kenya | <0.3 | |||
South Korea | 1.6 | |||
Kiribati | <0.3 | |||
Latvia | <0.3 | |||
Lebanon | <0.3 | |||
Liberia | 11.1 | |||
Lithuania | <0.3 | |||
Luxembourg | <0.3 | |||
Malaysia | <0.3 | |||
Maldives | <0.3 | |||
Malta | 4.4 | |||
Marshall Islands | 6.1 | |||
Mauritius | <0.3 | |||
Mongolia | <0.3 | |||
Montenegro | <0.3 | |||
Morocco | <0.3 | |||
Myanmar | <0.3 | |||
Netherlands | only the European part of the Kingdom and Curaçao | 0.6 | ||
New Zealand | <0.3 | |||
Nicaragua | <0.3 | |||
Nigeria | <0.3 | |||
Norway | 1.5 | |||
Palau | <0.3 | |||
Panama | 22.6 | |||
Philippines | 0.6 | |||
Poland | <0.3 | |||
Romania | <0.3 | |||
Russia | 0.6 | |||
Saint Kitts and Nevis | <0.3 | |||
Saint Vincent and the Grenadines | 0.6 | |||
Samoa | <0.3 | |||
Serbia | <0.3 | |||
Seychelles | <0.3 | |||
Senegal | ' | <0.3 | ||
Singapore | 4.8 | |||
Slovakia | <0.3 | |||
Slovenia | <0.3 | |||
South Africa | <0.3 | |||
Spain | <0.3 | |||
Sri Lanka | <0.3 | |||
Sudan | ' | <0.3 | ||
Sweden | <0.3 | |||
Switzerland | <0.3 | |||
Tanzania | <0.3 | |||
Thailand | <0.3 | |||
Togo | <0.3 | |||
Tunisia | <0.3 | |||
Tuvalu | <0.3 | |||
United Kingdom | extended to Bermuda, Cayman Islands, Isle of Man, and Gibraltar | 3.8 | ||
Vietnam | 0.4 | |||
Ratifications: 97 | In force: 93 | Total: 91% |
Effect on other conventions
The convention changed the status of 37 ILO conventions, which meant that these conventions upon entry into force of this convention will close for ratification and that entry into force for a specific country meant automatic denouncement the other conventions.- Minimum Age Convention, 1920
- Unemployment Indemnity Convention, 1920
- Placing of Seamen Convention, 1920
- Medical Examination of Young Persons Convention, 1921
- Seamen's Articles of Agreement Convention, 1926
- Repatriation of Seamen Convention, 1926
- Officers' Competency Certificates Convention, 1936
- Holidays with Pay Convention, 1936
- Shipowners' Liability Convention, 1936
- Sickness Insurance Convention, 1936
- Hours of Work and Manning Convention, 1936
- Minimum Age Convention, 1936
- Food and Catering Convention, 1946
- Certification of Ships' Cooks Convention, 1946
- Social Security Convention, 1946
- Paid Vacations Convention, 1946
- Medical Examination Convention, 1946
- Certification of Able Seamen Convention, 1946
- Accommodation of Crews Convention, 1946
- Wages, Hours of Work and Manning Convention, 1946
- Paid Vacations Convention, 1949
- Accommodation of Crews Convention, 1949
- Wages, Hours of Work and Manning Convention, 1949
- Wages, Hours of Work and Manning Convention, 1958
- Accommodation of Crews Convention, 1970
- Prevention of Accidents Convention, 1970
- Continuity of Employment Convention, 1976
- Seafarers' Annual Leave with Pay Convention, 1976
- Merchant Shipping Convention, 1976
- Seafarers' Welfare Convention, 1987
- Health Protection and Medical Care Convention, 1987
- Social Security Convention, 1987
- Repatriation of Seafarers Convention, 1987
- Labour Inspection Convention, 1996
- Recruitment and Placement of Seafarers Convention, 1996
- Seafarers' Hours of Work and the Manning of Ships Convention, 1996
Criticism