Professional Documents
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ILO MLC
MARPOL
SOLAS
STCW
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To ensure that governments and ship owners are committed to establishing decent working and living conditions for seafarers.
(Defines the roles and responsibilities Ship Owners, FS, PS)
and importantly
To put control and enforcement mechanisms in place to ensure there is a level playing field.
(Certification scheme - MLC)
Through Title 5 of the Convention there is a powerful enforcement and compliance mechanism which establishes the roles and responsibilities of the ship owners, ship masters and the Flag and Port States defines inspection and certification requirements Addresses maritime labour issues (people) as well as hardware issues.
(With the compliance and enforcement requirements in the new Convention ships may be detained on labour related issues in the future )
Key Characteristics of the Maritime Labour Convention, 2006 (continued) Definition of seafarer
seafarer means any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies; (1.2 million seafarers) * There are no exemptions: Master, hotel staff etc. Will this be True ????? Resolution VII Annex (maintenance crew, technicians etc. different national interpretations of seafarer ?)
Title 1
Title 1 addresses the minimum requirements for seafarers to work on a ship. 1. 2. 3. 4. Minimum Age Medical Certificates Training and qualifications Recruitment and placement
Checklist
The ILO Maritime Labour Convention, 2006
LLOYDS REGISTER
Title 2
Title 2 addresses the conditions of employment for seafarers. 1. Seafarers employment agreements 2. Wages 3. Hours of work and hours of rest 4. Entitlement to leave 5. Repatriation 6. Seafarer compensation for the ships loss or foundering 7. Manning levels 8. Career and skill development and opportunities for seafarers employment A number of issues in this Title are very critical inspection items!
Title 2: (continued)
1. Seafarers Employment Agreement Objective Ensure seafarers have a fair employment agreement Opportunity to review and seek advise Ship-owner / seafarer signed original of the Seafarers employment agreement MLC 2006. Minimum criteria of topics to be include in agreement
2. Wages. Monthly
Title 2: (continued)
3. Hours of Work and Hours of Rest. The maximum hours of work shall not exceed: 14 hours in any 24 hour period and 72 hours in any 7 day period. OR The minimum hours of rest shall not be less than: 10 hours in any 24 hour period and 77 hours in any 7 day period.
The hours of rest may be divided into no more than 2 periods, one of which shall be at least 6 hours in length, and the interval between consecutive periods of rest shall not exceed 14 hours.
Title 2: (continued)
4. Entitlement to leave Minimum 2.5 days per month. (DMLC Part 1. National requirements) Maximum length of contract is 12 months. 5. Repatriation No cost to seafarer. Seafarers rights to repatriation. 6. Seafarers compensation for ship loss or foundering 7. Manning Levels
Title 3
Title 3 addresses 1. Accommodation, recreational facilities 2. Food and catering
Its a seafa rers home
Title 3: (continued)
1. New Ship vs. Existing Ship requirements (construction and equipment) 2. The status of existing ILO maritime conventions when the MLC 2006 comes into force. (C92, C133) Flag State 3. Title 3 consolidates and modernises existing ILO convention requirements (noise and vibration) 4. Flexibility through national substantial equivalences, exemptions, alternative arrangements .. 5. Owners inspections 6. Food and catering 7. Recreational facilities, mail, communications
Title 3: (continued)
More examples
More examples
Title 3: (continued)
A3.1 Paragraph 4 The Competent Authority shall pay particular attention to: The size of rooms and other accommodation spaces Heating and ventilation Noise and vibration and other ambient factors - Exposure to noise B4.3.2 - Exposure to vibration B4.3.3 Sanitary facilities Lighting Hospital accommodation - These will be important inspection items by PSC - The importance of taking into account the minimum standards set by the new Convention and national requirements
The ILO Maritime Labour Convention, 2006
LLOYDS REGISTER
Title 4
Title 4 addresses:
1. Medical care on board ship and ashore 2. Ship owners liability 3. Health and safety protection and accident prevention 4. Access to shore-based welfare facilities 5. Social security
Title 4 (continued)
1. Medical care on board ship and ashore; medical and essential dental care access to shore based medical facilities 2. Ship owners liability with respect to any financial loss to the seafarer serving under a seafarers employment agreement. (Compensation for sickness, injury, death in service, medical care costs during sickness / injury)
Title 4 (continued)
3. Health and Safety protection and accident protection - Procedures, policies, safety meetings etc - Exposure to noise and vibration 4. Access to shore based welfare facilities - Seafarers health and well being 5. Social security - 3 of 9 branches to be addressed.
2.
- The inspection of its own national flagged vessels in port - To enforce the new Convention standards on foreign flagged ships under the no more favourable treatment requirement of the Convention - For having procedures for handling seafarers complaints made on shore
3.
Title 5 (continued)
There are two categories of non compliance with the requirements of the MLC, 2006 convention: Deficiency Serious Deficiency (Detention) A5.1.4 paragraph 7. Where there are grounds to believe that deficiencies constitute a serious breach of the requirements of the Convention (including seafarers rights), or represent a significant danger to seafarers safety, health or security, inspectors are empowered to prohibit the ship from leaving port until necessary actions are taken.
Title 5 (continued)
Seafarers Complaints: Regulation 5.1.5 Each Member State shall ensure that on ships that fly its flag there are on board procedures for the fair, effective and expeditious handling of seafarers complaints alleging breaches of the requirements of the Convention (including seafarers rights). A5.1.5 paragraph 2 and A5.2.2 Seafarers have the right to complain directly to the master and, where they consider it necessary, to appropriate external authorities. Any complaint procedure used has to ensure confidentiality and safeguard against possible victimisation of the seafarer filing the complaint. A5.1.5 Paragraph 4 Complaints policy / procedures (copy to seafarers). Must contain: Contact information for competent authority in flag state. Where different seafarers country of residence. Name of person(s) onboard who can give advice.