You are on page 1of 17

Maritime Labour

Convention
Seafarers Bill of
Rights
What does it mean
for us?

www.itfglobal.o
rg

Why was the MLC adopted?

Seafarers need special protection


MLC provides comprehensive rights and
protection
Tool to balance the maritime industry
Long term benefits for Employers and
Seafarers
Fourth pillar of international maritime
regulatory regime, beside the key IMO SOLAS,
MARPOL & STCW
Set minimum requirements to work on a ship
Strengthen enforcement mechanisms at all
levels

SEAFARERS BILL OF RIGHTS

www.itfglobal.o
rg

Key issues for the ITF affiliates

Protect fundamental and seafarers rights

Maintain principles in existing ILO


Conventions

Enforceable minimum labour standards

Definition of seafarers/Shipowner

Social security protection

Real enforcement and control

SEAFARERS BILL OF RIGHTS

www.itfglobal.o
rg

Fundamental Rights
and Principles

a)

Freedom of association and the effective


recognition
of the right to collective bargaining

b)

Elimination of all forms of forced or


compulsory labour

c)

Effective abolition of child labour

d)

Elimination of discrimination in respect of


employment and occupation

SEAFARERS BILL OF RIGHTS

www.itfglobal.o
rg

Seafarers Employment
and Social Rights

As a bare minimum every seafarer has the right


to:
a) Safe and secure workplace that complies
with
safety standards
b)

Fair terms of employment

c)

Decent working and living conditions

d)

Health protection, medical care, welfare


measures and other forms of social
protection

SEAFARERS BILL OF RIGHTS

www.itfglobal.o
rg

Structure of the MLC

1.
2.
3.
4.
5.

Articles- set out the principles and


obligations.
Regulations, Standards (Part A) and
Guidelines (Part B) in the Code
integrated/organized under five Titles:
Minimum requirements for seafarers to work
on a ship
Conditions of employment
Accommodation,recreational facilities, food
and catering
Health protection, medical care, welfare and
social security protection
Compliance and enforcement

SEAFARERS BILL OF RIGHTS

www.itfglobal.o
rg

To whom MLC applies/


does not apply

Seafarer - any person who is


employed/engaged works in any capacity on
a ship covered by the MLC
The MLC applies to all ships [and seafarers]
publicly or privately owned engaged in
commercial activities
Smaller ships (below 200 gt ) may be
exempted
The Convention does not apply to inland
waters; fishing vessels, traditional builds and
warships

SEAFARERS BILL OF RIGHTS

www.itfglobal.o
rg

MLC requirements

Minimum age
Medical certification
Qualifications of seafarers
Recruitment and placement
Seafarers employment agreements
Wages
Hours of work and hours of rest

SEAFARERS BILL OF RIGHTS

www.itfglobal.o
rg

What must be in your employment agreement?

Your full name, date of birth/age; place of


birth
Shipowners name and address
Where and when the agreement was signed
Position on board
Your wages and how they are calculated
Amount of paid annual leave

SEAFARERS BILL OF RIGHTS

www.itfglobal.o
rg

What must be in your employment agreement?

Conditions for terminating the contract


Expiry date/duration of contract
Health/ social security benefits provided
Entitlement and details to repatriation
Reference to the CBA, if applicable
Any other details required by national law

SEAFARERS BILL OF RIGHTS

www.itfglobal.o
rg

Wages
You have the right to be paid regularly and in
full
Basic pay or wages - pay for normal hours of
work
The ILO minimum wage for ABs
Overtime
Keep your own copy of overtime
Sending money home
Your entitlements

SEAFARERS BILL OF RIGHTS

www.itfglobal.o
rg

Hours of work and hours of rest

Normal working hours - 8-hour day/one day of


rest

Maximum hours of work


No more than 14 hours in any 24-hour period
No more than 72 hours in any seven-day
period

Minimum hours of rest


at least 10 hours of rest in any 24-hour period
at least 77 hours rest in any seven-day period

Table with shipboard working arrangements

SEAFARERS BILL OF RIGHTS

www.itfglobal.o
rg

MLC requirements cont/

Entitlement to leave
Repatriation
Seafarer compensation (ships loss or
foundering)
Manning levels of the ship
Accommodation
On-board recreational facilities
Food and catering

SEAFARERS BILL OF RIGHTS

www.itfglobal.org
www.itfglobal.o
rg

MLC requirements cont/

Health and safety and accident prevention


On-board medical care
Shipowners liability
Health and safety protection/ accident prevention
Access to shore-based welfare facilities
Consulates
Social security

SEAFARERS BILL OF RIGHTS

www.itfglobal.o
rg

Safeguarding your rights

TITLE 5: Compliance and Enforcement


Flag State responsibilities
Port State responsibilities
Labour-supplying responsibilities
Maritime labour Certificate/ DMLC
Inspection and enforcement
On-board complaint procedures

SEAFARERS BILL OF RIGHTS

www.itfglobal.o
rg

Inspections in port/
Port State Control

Inspections in port
More detailed inspection can be carried out when:
the documents are not produced/ invalid/ falsified
grounds for believing that the working and living
conditions are substandard
the ship has attempted to avoid compliance
a complaint by a seafarer, trade union, person
interested in safety and health of seafarers/ their ship
Examples of circumstances that may require detention

SEAFARERS BILL OF RIGHTS

www.itfglobal.o
rg

ITF/Affiliates/
Seafarers Prospective

We all need the MLC ratified and implemented


MLC will help to improve your living and
working conditions on board
MLC is giving the minimum standards only
For further information www.itfseafarers.org
Questions please?

SEAFARERS BILL OF RIGHTS

www.itfglobal.o
rg

You might also like