SHIPTALK: Frequently Asked Questions About MLC 2006

What is the Maritime Labour Convention, 2006 (MLC, 2006)?

The MLC 2006 is a comprehensive international labour Convention that was adopted by the International Labour Conference of the International Labour Organization (ILO), under article 19 of its Constitution, at a maritime session in February 2006 in Geneva, Switzerland. It sets out seafarers’ rights to decent conditions of work and helps to create conditions of fair competition for shipowners. It is intended to be globally applicable, easily understandable, readily updatable and uniformly enforced.

The Maritime Labour Convention, 2006 (MLC, 2006) has been designed to become a global legal instrument that will be the “fourth pillar” of the international regulatory regime for quality shipping, complementing the key Conventions of the International Maritime Organization (IMO) such as the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS), the International Convention on Standards of Training, Certification and Watchkeeping, 1978, as amended (STCW) and the International Convention for the Prevention of Pollution from Ships, 73/78 (MARPOL).

The MLC, 2006 contains a comprehensive set of global standards, based on those that are already found in the maritime labour instruments (Conventions and Recommendations), adopted by the ILO between 1920 and 1996. It brings all, except four (see below 3), of the existing maritime labour instruments (International Labour Standards (ILS)) together in a single Convention that uses a new format, with some updating, where necessary, to reflect modern conditions and language. The Convention “consolidates” and revises the existing international law on all these matters.

Does the MLC, 2006 directly apply to shipowners, ships and seafarers?

The MLC, 2006 is an international legal instrument and does not, therefore, apply directly to shipowners, ships or seafarers. Instead like all international law, it relies on implementation by countries through their national laws or other measures [see ILO FAQ, A.8 “What measures must a country take to ensure that the MLC, 2006 is properly applied”]. The national law or other measures would then apply to shipowners, seafarers and ships. The MLC, 2006 sets out the minimum standards that must be implemented by all countries that ratify it.

What will happen to the maritime labour Conventions adopted before 2006?

According to ILO FAQ – A19, the existing ILO maritime labour Conventions will be gradually phased out as countries that have ratified those Conventions ratify the MLC, 2006, but there will be a transitional period when some Conventions will be in force in parallel with the MLC, 2006. Countries that ratify the MLC, 2006 will no longer be bound by the existing Conventions when the MLC, 2006 comes into force for them. Countries that do not ratify the MLC, 2006 will remain bound by the existing Conventions they have ratified, but those Conventions will be closed to further ratification. Entry into force of the MLC, 2006 will not affect the four maritime Conventions that are not consolidated in the MLC, 2006. Those are the Conventions addressing seafarers’ identity documents of 2003 and the 1958 Convention that it revises, the Seafarers’ Pension Convention, 1946 and the Minimum Age (Trimmers and Stokers) Convention, 1921.]. They will remain binding on States that have ratified them irrespective of the MLC, 2006.

When will MLC 2006 come into force?

MLC 2006 shall come into force 12 months after the date on which there have been registered ratifications by at least 30 Member states with a total share in the world gross tonnage of ships of 33%.

The Convention has now been ratified by 30 ILO Member States, the latest being Russia and the Philippines. The tonnage requirement of at least 33% has also been well exceeded. The Convention will therefore come into force in August 2013.

Who is protected by the MLC, 2006?

Seafarers- Seafarers are defined as “all persons who are employed or are engaged or work in any capacity on board a ship to which the Convention applies”.

What ships does the MLC 2006 apply to?

The Convention will apply to all ships, whether publicly or privately owned, ordinarily engaged in commercial activities, other than ships engaged in fishing or in similar pursuits and ships of traditional build such as dhows and junks. This Convention does not apply to warships or naval auxiliaries. A “ship” is defined as a ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters [see ILO FAQ, B6] or areas where port regulations apply [see also ILO FAQ, B4 to B13]

What are the key liabilities and responsibilities of shipowners vis-à-vis seafarers under the Convention?

The MLC provides, amongst other things that Member States shall ensure that seafarers on vessels flying their flag are entitled to:

a) Repatriation, including repatriation in cases of a shipowner’s insolvency (effectively abandonment) etc (Regulation 2.5. Standard A2.5.1 (b) and Guideline B2.5.1 (b) (iii) of the MLC) and for which financial security must be in place;
b) Unemployment compensation resulting from a ship’s loss or foundering.This should be paid for the days during which the seafarer remains in fact unemployed at the same rate as the wages payable under the employment agreement, but the total indemnity payable to any one seafarer may be limited to two months’ wages.
c) Compensation in the event of death or long term disability due to an occupational injury, illness or hazard as set out in national law, the seafarer’s employment agreement or collective agreement (Regulation 4.2, Standard A4.2 (b)) and for which the shipowner must provide financial security.

Who is the “shipowner” under the MLC 2006?

Shipowner is defined under the MLC as “the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with this Convention, regardless of whether any other organization or persons fulfil certain of the duties or responsibilities on behalf of the shipowner”.