Maritime Labour Convention, 2006, as amended (MLC, 2006) including 2018 amendments This is a very extensive convention, many of you should have a contract that complies with it. Is it so? We’ve prepared a study with the most important information. The full text of convention can be downloaded HERE - attachement available on www.CrewCertFinder.com Which countries accepted amendments, date of entry into force: 26th Dec 2020. The actual list: Albania, Algeria, Antigua and Barbuda, Argentina, Australia, Bahamas, Bangladesh, Barbados, Belgium, Belize, Benin, Bosnia and Herzegovina, Bulgaria, Cabo Verde, Canada, Chile, China, Congo, Croatia, Cyprus, Fiji, Finland, Gabon, Germany, Ghana, Greece, Honduras, Hungary, India, Indonesia, Iran (Islamic Republic of), Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kiribati, Latvia, Lebanon, Liberia, Lithuania, Luxembourg, Malaysia, Maldives, Malta, Marshall Islands, Mauritius, Mongolia, Montenegro, Morocco, Myamar, New Zealand, Nicaragua, Nigeria, Norway, Palau, Panama, Philippines, Poland, Republic of Korea, Romania, Russian Federation, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Samoa, Serbia, Seychelles, Singapore, Slovakia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Thailand, Togo, Tunisia, Tuvalu, United Kingdom of Great Britain and Northern Ireland, Vietnam. Countries not in force, awating declaration of acceptance: Brazil, Djibouti, Gambia, Grenada, Iceland, Portugal, Senegal, Slovenia, Sudan, United Republic of Tanzania. Countries not in force, ratified: Mozambique ratified the MLC, 2006, as amended in 2018 (the amendments will enter into force for Mozambique on 25 May 2022) Countries which has indicated that it will be bound by the amendment(s) only after a subsequent express notification of their acceptance – Article XV, para. 8, a): Estonia, France, New Caledonia (France), Netherlands. Countries not applicable, awating declaration of acceptance: China - Hong Kong Special Administrative Region, Cook Islands, Curacao (Netherlands), Tokelau (New Zealand), British Virgin Islands, Falkland Islands (Malvinas). Countries applicable: Faroe Islands (Denmark); Bermuda, Cayman Islands, Gibraltar, Isle of Man Seafarers’ employment and social rights Article IV of the MLC 2006
1. Every seafarer has the right to a safe and secure workplace that complies withsafety standards. 2. Every seafarer has a right to fair terms of employment. 3. Every seafarer has a right to decent working and living conditions on board ship. 4. Every seafarer has a right to health protection, medical care, welfare measures and other forms of social protection. 5. Each Member shall ensure, within the limits of its jurisdiction, that the seafarers’ employment and social rights set out in the preceding paragraphs of this Article are fully implemented in accordance with the requirements of this Convention. Unless specified otherwise in the Convention, such implementation may be achieved through national laws or regulations, through applicable collective bargaining agreements or through other measures or in practice. Recruitment and placement to ensure that seafarers have access to an efficient and well-regulated seafarer recruitment and placement system. 1. All seafarers shall have access to an efficient, adequate and accountable system for finding employment on board ship without charge to the seafarer. 2. Seafarer recruitment and placement services operating in a Member’s territory shall conform to the standards set out in the Code. 3. Each Member shall require, in respect of seafarers who work on ships that fly its flag, that shipowners who use seafarer recruitment and placement services that are based in countries or territories in which this Convention does not apply, ensure that those services conform to the requirements set out in the Code. Minimum requirements for seafarers to work on a ship to ensure that no under-age persons work on a ship 1. No person below the minimum age shall be employed or engaged or work on a ship. 2. The minimum age at the time of the initial entry into force of this Convention is 16 years (Night work of seafarers under the age of 18 shall be prohibited). 3. A higher minimum age shall be required in the circumstances set out in the Code.
Medical certificate 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. Training and qualifications o ensure that seafarers are trained or qualified to carry out their duties on board ship 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. 20 Maritime Labour Convention, 2006 Seafarers’ employment agreements to ensure that seafarers have a fair employment agreement 1. The terms and conditions for employment of a seafarer shall be set out or referred to in a clear written legally enforceable agreement and shall be consistent with the standards set out in the Code. 2. Seafarers’ employment agreements shall be agreed to by the seafarer under conditions which ensure that the seafarer has an opportunity to review and seek advice on the terms and conditions in the agreement and freely accepts them before signing. 3. To the extent compatible with the Member’s national law and practice, seafarers’ employment agreements shall be understood to incorporate any applicable collective bargaining agreements. Wages, to ensure that seafarers are paid for their services. All seafarers shall be paid for their work regularly and in full in accordance with their employment agreements. Hours of work and hours of rest to ensure that seafarers have regulated hours of work or hours of rest 1. Each Member shall ensure that the hours of work or 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 to ensure that seafarers have adequate leave 1. Each Member shall require that seafarers employed on ships that fly its flag are given paid annual leave under appropriate conditions, in accordance with the provisions in the Code. 2. Seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational requirements of their positions. Repatriation to ensure that seafarers are able to return home 1. Seafarers have a right to be repatriated at no cost to themselves in the circumstances and under the conditions specified in the Code. 2. Each Member shall require ships that fly its flag to provide financial security to ensure that seafarers are duly repatriated in accordance with the Code. Seafarer compensation for the ship’s loss or foundering to ensure that seafarers are compensated when a ship is lost or has foundered. Seafarers are entitled to adequate compensation in the case of injury, loss or unemployment arising from the ship’s loss or foundering. Manning levels to ensure that seafarers work on board ships with sufficient personnel for the safe, efficient and secure operation of the ship. 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. Career and skill development and opportunities for seafarers’ employment to promote career and skill development and employment opportunities for seafarers. Each Member shall have national policies to promote employment in the maritime sector and to encourage career and skill development and greater employment opportunities for seafarers domiciled in its territory. Accommodation and recreational facilities to ensure that seafarers have decent accommodation and recreational facilities on board 1. Each Member shall ensure that ships that fly its flag provide and maintain decent accommodations and recreational facilities for seafarers working or living on board, or both, consistent with promoting the seafarers’ health and well-being. 2. The requirements in the Code implementing this Regulation which relate to ship construction and equipment apply only to ships constructed on or after the date when this Convention comes into force for the Member concerned. For ships constructed before that date, the requirements relating to ship construction and equipment that are set out in the Accommodation of Crews Convention (Revised), 1949 (No. 92), and the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133), shall continue to apply to the extent that they were applicable, prior to that date, under the law or practice of the Member concerned. A ship shall be deemed to have been constructed on the date when its keel is laid or when it is at a similar stage of construction. 3. Unless expressly provided otherwise, any requirement under an amendment to the Code relating to the provision of seafarer accommodation and recreational facilities shall apply only to ships constructed on or after the amendment takes effect for the Member concerned. Food and catering to ensure that seafarers have access to good quality food and drinking water provided under regulated hygienic conditions 1. Each Member shall ensure that ships that fly its flag carry on board and serve food and drinking water of appropriate quality, nutritional value and quantity that adequately covers the requirements of the ship and takes into account the differing cultural and religious backgrounds. 2. Seafarers on board a ship shall be provided with food free of charge during the period of engagement. 3. Seafarers employed as ships’ cooks with responsibility for food preparation must be trained and qualified for their position on board ship. Medical care on board ship and ashore to protect the health of seafarers and ensure their prompt access to medical care on board ship and ashore 1. Each Member shall ensure that all seafarers on ships that fly its flag are covered by adequate measures for the protection of their health and that they have access to prompt and adequate medical care whilst working on board. 2. The protection and care under paragraph 1 of this Regulation shall, in principle, be provided at no cost to the seafarers. 3. Each Member shall ensure that seafarers on board ships in its territory who are in need of immediate medical care are given access to the Member’s medical facilities on shore. 4. The requirements for on-board health protection and medical care set out in the Code include standards for measures aimed at providing seafarers with health protection and medical care as comparable as possible to that which is generally available to workers ashore. Shipowners’ liability to ensure that seafarers are protected from the financial consequences of sickness, injury or death occurring in connection with their employment 1. Each Member shall ensure that measures, in accordance with the Code, are in place on ships that fly its flag to provide seafarers employed on the ships with a right to material assistance and support from the shipowner with respect to the financial consequences of sickness, injury or death occurring while they are serving under a seafarers’ employment agreement or arising from their employment under such agreement. 2. This Regulation does not affect any other legal remedies that a seafarer may seek. Health and safety protection and accident prevention to ensure that seafarers’ work environment on board ships promotes occupational safety and health 1. Each Member shall ensure that seafarers on ships that fly its flag are provided with occupational health protection and live, work and train on board ship in a safe and hygienic environment. 2. Each Member shall develop and promulgate national guidelines for the management of occupational safety and health on board ships that fly its flag, after consultation with representative shipowners’ and seafarers’ organizations and taking into account applicable codes, guidelines and standards recommended by international organizations, national administrations and maritime industry organizations. 3. Each Member shall adopt laws and regulations and other measures addressing the matters specified in the Code, taking into account relevant international instruments, and set standards for occupational safety and health protection and accident prevention on ships that fly its flag. Access to shore-based welfare facilities to ensure that seafarers working on board a ship have access to shore-based facilities and services to secure their health and well-being 1. Each Member shall ensure that shore-based welfare facilities, where they exist, are easily accessible. The Member shall also promote the development of welfare facilities, such as those listed in the Code, in designated ports to provide seafarers on ships that are in its ports with access to adequate welfare facilities and services. 2. The responsibilities of each Member with respect to shore-based facilities, such as welfare, cultural, recreational and information facilities and services, are set out in the Code. Social security Purpose to ensure that measures are taken with a view to providing seafarers with access to social security protection 1. Each Member shall ensure that all seafarers and, to the extent provided for in its national law, their dependants have access to social security protection in accordance with the Code without prejudice however to any more favourable conditions referred to in paragraph 8 of article 19 of the Constitution. 2. Each Member undertakes to take steps, according to its national circumstances, individually and through international cooperation, to achieve progressively comprehensive social security protection for seafarers. 3. Each Member shall ensure that seafarers who a re subject to its social security legislation, and, to the extent provided for in its national law, their dependants, are entitled to benefit from social security protection no less favourable than that enjoyed by shoreworkers.
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