Maritime Labour Convention, 2006 – A Passport to Decent Work

Maritime Labour Convention, 2006 – A Passport to Decent Work


maritime transport is the backbone of international trade and the driving force for globalization today around 80 percent of global trade by volume and over 70 percent by value is carried by sea and handled by ports worldwide in the last four years alone the world fleet increased by 37% some 1.5 million seafarers put their labor at the service of these vital lifelines across the oceans but while merchant shipping has long been governed by numerous regulations and the conventions of the International Maritime Organization until now there has never been a consolidated set of rules setting out in a clear integrated easy-to-understand an easily enforceable manner standards for the working and living conditions of seafarers adopted by the ILO in 2006 and ratified to date by more than 40 countries representing 70% of the world’s merchant fleet the maritime labour convention provides comprehensive protection at work for seafarers while at the same time promoting conditions of fair competition for quality ship owners and creating a sound operating environment for seaborne trade the convention reaches out to all ships and onboard workers with practically no exception its provisions articulated around regulations standards and guidelines covers all the different aspects of a seafarers professional life it addresses a number of employment conditions including contracts of employment wages hours of work and hours of rest and you’ll paid leave and repatriation in addition the convention lays down standards for decent accommodation spaces quality catering and appropriate onboard recreational facilities it further provides for the seafarers medical care onboard and ashore and the ship owners obligation to bear the financial consequences of seafarers sickness injury or death as well as social security protection designed as an instrument firm on rights and flexible on implementation the convention contains clear minimum standards while leaving a large measure of flexibility to ratifying countries with respect to practical application coming into force on 20 August 2013 the maritime labour convention is the fourth pillar in the international treaty regime regulating merchant shipping together with the three key International Maritime Organization conventions for the first time the maritime labour convention introduces a certification requirement for seafarers working and living it seeks to assure decent work for the approximately one and a half million seafarers around the world these are the people who make shipping and an increasingly important form of tourism and recreational activity possible 2013 is a landmark year for the seafaring community of the maritime labour convention MLC 2006 adopted by the International Labour Organization enters into force this marks significant progress in the recognition of the seafarers rules and the need to safeguard their well-being and their working conditions the conventions key enforcement tool is the maritime labor certificate issued by the flag state as of 20 August 2013 commercially operated ships of 500 gross tons are more engaged in international voyages must carry a certificate showing they are in compliance with the requirements of the convention this includes 14 specific areas the seafarers employment agreement hours of work or rest payments of wages on board medical care the use of licensed private recruitment and placement services accommodation and food and catering the MLC 2006 certification process is similar to the process used for the maritime conventions of the IMO like the other ships certificates the maritime labor certificate accompanied by a declaration of maritime labor compliance or ad MLC can be valid for up to five years but is subject to mandatory periodic inspections by the flag state in addition inspectors usually called port state control officers in states that have ratified the convention will have the authority to check the certificate inspect and in some cases detain ships calling it their ports where the ship is found not to conform with the requirements of the convention in Panama a ship is being inspected for compliance an inspector checks all aspects of working in living conditions on board outlined specifically by the convention the practical level all conditions on board will be verified in detail by both the five state and the port state control that includes anything from relaxation areas dining rooms food storage and preparation as well as respect for all cultures present on board wages and working conditions and of course both the flag state and port state will strictly verify the certification that all officials and seafarers working aboard are required to have now it’s a improved because they can bring the what do you mean the documents for the safety on ships especially the life of all shipments for the past three years the Panama maritime Authority has been working intensively with the ILO to prepare for the implementation of the maritime labour convention the authority anticipate ship owners will be required to change some of their practices to ensure full compliance with the MLC they have to standardize his contracts they have to make sure that that the standards of living are correct and that will will be put it forward in the way that administrations and the classification societies will advise the ship owners and how to proceed with the requirements of the MLC OB on the bridge the ships master shows the maritime labor inspector the ship’s maritime labor certificate and the DML see also subject to inspection are the seafarers medical certificates and the seafarers employment agreements or SaaS outlining the terms of appointment and working conditions such as wages paid annual leave repatriation entitlements and Social Security benefits a copy of the maritime labour convention must be kept permanently onboard la convención m le chien una casa with the mlc we now have an additional control it’s something that not only helps us but it helps the competent authorities that control us at the same time on cruise ships like this one in Savona Italy the ship’s hotel workers including restaurant employees waiters barmaids casino dealers dancers and entertainers are all considered seafarers just like every other member of the crew and just as on board merchant vessels cruise ships must comply with the requirement of the MLC plus captain I’m the the owner representative so I offer to all the time to see the compliance of the Convention on board for all my crew members this is not limited only to the lifestyle or this the food or the location on board but see all the aspect of the contract and the employment terms and also the repatriation that was before granted by the direct employer among the cruise ships hotel staff awareness of the implications of the MLC on their working and living conditions on board is high this MSC because it it gives us a high awareness enough for the crew members to to have a decent accommodation and for our salaries our wages and repatriation sickness and then hospitalization which we can get from our companies the MLC brings major innovations in maritime labor law including a clear definition of ship holders liabilities under the maritime employment relationship modern standards for occupational safety and health better protection for young seafarers were effective complaint handling procedures and a labor certification system the cone pack is everything they put their example if you doesn’t agree you said oh I’m sorry I cannot sign because everything does the monthly pay everything even the public holiday they put everything there so it’s clear for me it’s clear it’s no problem for the contract I depend to national and community shadow they will put English English everything is a clear no like steel knob I will sign or no no for me I can read from a until last one yes sure it exactly this Marin ten labor convention they given lot of lot of our standard treatment we can get then a lot of what the new awareness awareness rights we can get because of the lava convention then especially we get the respite the Seafarer with the proper respect as a human resource no BS if you work the other place land is different see para how to must get the respect for ship owners the MLC is changing long-held attitudes about their workforce today ship owner cannot delegate ethical aspect and basic right of a safari this industry with all its peculiarity has been for years too far from the labor market development and standards achieved ashore the MLC 2006 also has distinct advantages for ship owners in a highly competitive global industry the day the convention goes into affect quality ship owners and countries that have ratified the MLC 2006 will be protected against unfair competition from ships that operate substandard working and living conditions due to the no more favorable treatment Clause provision of the convention ship owners are always looking for what we call a level playing field so they’re looking for equal application so that the costs on individual ship owners are the same whatever trade they’re in and we other countries they’re trading to and I think that the maritime labour convention will apply the level playing field very well in terms of importance of employment and working conditions onboard the ship so that leveling is the major advantage for the ship owner as the MLC 2006 comes into force worldwide expectations are high particularly because of the mechanism ensuring the rights of seafarers are protected it’s a very very special piece of legislation but will ensure that we can protect seafarers that are members of unions but also seafarers that are not members of unions so we’ll be looking to use the complaints procedure the consultation with port state inspectors and flag state inspectors to make sure that seafarers rights are fully protected in all areas of the maritime labour convention flag state administrations may manage MLC certification themselves or authorised recognized organizations or our OHS to inspect and certify ships on their behalf X deals with ships basically and ships are hard structures the convention deals mainly with the welfare of seafarers and the welfare of seafarers is is more of a human element matter and that in some senses is new to I ox ice has not traditionally been dealing with the actual welfare of the Seafarer now the convention is arisen it’s a natural process for IX to be involved or its members to become involved in verifying that the seafarers accommodation etc is satisfactory and to ensure the welfare of those either under the MLC any ship can be boarded and inspected regardless of whether the ship is flagged by a country that did not ratify the Convention and if not in compliance the ships can be detained in Port strong enforcement backed by the certification system will lead to a positive difference in the quality of seafarers lives on board working and living conditions have always been part of the the activities of the percent were you so our inspectors are very familiar with the areas they have to inspect although also some changes have been introduced with the maritime labour convention that’s why we gave them additional training to be well equipped for the convention I think it will be very interesting to to see how all maritime flag states have implemented the the LLC and of course it’s it’s a challenge for us to explore in first in a pragmatic way how the MC is working on board because it is not just about a certificate it is about people and how they work and live on board ships the MLC 2006 introduces a no more favorable treatment clause aiming at creating a level playing field which basically means that ship owners may not escape MLC 2006 global standards by registering their ships in a non ratifying flag state all contracting states must enforce the convention not only on their own ships but also on foreign ships calling on their ports the port state control mechanism is a very important tool to implement the convention sample being a larger flag and we were ensure all our fleet will be mlc compliance at the same time being a global hub port we too were ensure that ships that visit Singapore will comply to MLC so together with the cascading effort from all the rectifying nations MLC will be applicable to all seafarers the MLC 2006 creates obligations not only for flag and port states but also for labor supplying countries seeking to ensure that recruitment and placement services operate in an orderly manner that protects and promotes seafarers employment rights a labor supplying country must ensure that its affairs are holistically fit and prepared for work as seafarers it must see to it that is skilled well trained and competent seafarers have access to an efficient well-regulated and fair recruitment and placement system and that it holds licensed private Seafarer recruitment and placement agencies responsible and up to the past of ensuring that the employment agreement between ship owners and seafarers is faithfully executed and implemented helping the Aiello’s tripartite constituents to get ready for the entry into force of the new convention has been a key priority for the international labour office over the past seven years ship operators seafarers and maritime labor inspectors come to the Iowas maritime labour academy and turan to learn more about what the implementation of the MLC 2006 will mean to them I think one of the most important action is the training and capacity building through the maritime labour academy because through that we have already trained more than 7,000 maritime stakeholders whether they’ve come from governments or they come from the shipping industry or the Seafarer community once the convention comes into force we were going to be focusing of course on making sure that we have effective implementation of the Convention and that is where the capacity-building entered in a training is extremely important because we want the convention to deliver for seafarers and the ship owners which is the level playing field and decent work for seafarers coming into force on August 20th 2013 the impact and significance of the MLC 2006 for the industry cannot be underestimated the result of an unprecedented consensus among governments shipowners and seafarers organisations the MLC 2006 will deliver on its promise for improved seafarers working and living conditions and a fairer business environment for ship owners as one of the Aiello’s most innovative conventions the maritime labour convention 2006 is now launched and ready to sail it’s successful voyage will depend on clear national laws and effective inspection systems throughout the world may the journey be long full of adventure full of discovery and decent work you you

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