5

I NTER NATI ONAL MA RI TI ME

ORGANIZATION
SEAFARERS BILL
OF RIGHTS
MLC 2006 establishes
minimum working and
living standards for all
seafarers working on ships
flying the flags of ratifying
countries.
GENERAL SCOPE
3 OTHER PILLARS V. MLC
While the three other pillars
of IMO deal more with
personal safety, marine
environment, and operations
of vessel, MLC 2006 deals
more with your rights as
seafarers.
Q: WHICH SHIPS ARE COVERED
UNDER MLC?

All ships are covered

except:

Inland-water ships
Fishing vessels
Ships of traditional build
Warships and naval auxiliaries
Q: WHICH SEAFARERS?

Any person who is employed,

engaged or working in any
capacity on board a ship to
which the Convention applies.
This includes kitchen crew and
hotel staff on cruise ships
anyone working on board.
A SEAFARERS
TWO
FUNDAMENTAL
RIGHTS
I. Right to a safe
and secure
workplace,
where safety
standards are
complied with
and with fair
terms of
employment.
II. Decent living
and working
conditions,
including social
protection such
as access to
medical care,
health protection
and welfare.
MLC 2006 : Regulations and the Code

PART A (The Standards)

Title 1: Minimum requirements for seafarers to
work on a ship
Title 2: Conditions of employment
Title 3: Accommodation, recreational facilities,
food and catering
Title 4: Health protection, medical care, welfare
and social security protection

PART B (The Guidelines)

Title 5: Compliance and enforcement
 TITLE 1: MINIMUM
REQUIREMENTS FOR
S E A FAR E R S TO WOR K O N
A SHIP
 Titl

TITLE 1: Minimum requirements for seafarers to work on a ship

1.Minimum age to work on a

ship
2. Medical certification for duties
on board
3. Training and qualifications
4. Recruitment and
placement
MINIMUM AGE (16 years)

Under 16
- You cannot be employed to work on a ship.

Under 18
You cannot carry out night work on board a
ship. 12 mn - 5am. In other words, you cannot
work on a nightshift.

Exception - when duties can only be performed at

night.
MEDICAL CERTIFICATE

You cannot work on board a ship

unless you are certified medically fit
for your duties.

Certificates must meet with accepted

international standards (STCW)

They must cover hearing, sight and

colour vision.
Medical certificates must confirm that you are
NOT suffering from any condition that would:

a) Be made worse by work at sea

b) Make you unable to perform your job
c) Make you a danger to others

Medical certificates are valid for a period of 2

years (1 year for seafarers under the age of
18), colour vision certificates are valid for 6
years.
TRAINING QUALIFICATIONS

To ensure that seafarers are trained or

qualified to carry out their duties on board
ship.

You must have completed the training

necessary to carry out your duties on board (as
per IMO STCW).

In addition you must have completed training

for personal safety on board.
RECRUITMENT AND PLACEMENT

Crewing agencies offering recruitment services must

not charge you for finding you work.

The only costs that can be charged to you are those for
obtaining your national statutory medical certificate,
your national seafarers book, your passport or similar
personal travel documents.

The cost of visas must be paid for by the

shipowner.
T I T L E 2 : CONDITIONS
OF EMPLOYMENT
TITLE 2 : Conditions of employment

Seafarers employment agreements

There must be a contract signed by you

and your employer which can be signed
by the shipowner, the shipowners
representative, or another person acting
as the shipowner, such as the ship
manager, agent or bareboat charterer.
Wages

To ensure that seafarers are paid for

their services

To be paid regularly and in full

Basic pay or wages means pay for
normal hours of work
Basic pay should never be less than
the recommended minimum wage
Hours of work and hours of rest

To ensure that seafarers have

regulated hours of work or hours
of rest

1 day 8 hours of work

1 week 1 rest day (at least)
Maximum hours of work

No work more than 14 hours a day

No work more than 72 hours a week

- You cannot work for more than 14 hours

without taking rest.

Minimum hours of rest

1 day at least 10 hours of rest
1 week (7 days) at least 77 hours of rest
Overtime

It refers to hours of duty beyond normal

working time
Overtime records should be kept by the
Captain
OT work must be authorized by the superior
Working on a rest day / holiday
(a) You get extra payment or
compensation;
(b) You get compensatory rest day or time off
in lieu
Sending money home

By regular bank transfer of

remittances agreed when you sign
the contract
Sent on time directly to the person
or account nominated by you.
Entitlement to leave
Paid annual leave in your home country
You must not be forced to spend your
vacation leave somewhere else without your
permission
If you have to take your leave from a different
place and you want to go home, your
transportation and other expenses would be
shouldered by the shipowner.
Your travel time should not be deducted from
your paid annual leave
Repatriation
(when grounded on valid reasons)
You have the right to return home when:
Shipowners failure of legal obligations to you
Termination of contract (when the employee is
not in default)
Resignation
Incapacity/Illness
Dangers in the work zone
Expiration of contract
Shipowner should pay for the following:
Plane tickets (back and forth)
Accommodation and food for the duration of the
journey
Pay and allowances for the duration of the journey if
specified by national laws
Transportation of 30kg of your luggage
Medical treatment where necessary to make you fit
for travel
TITLE 3: ACCOMMODATION,
RECREATIONAL FACILITIES,
FOOD AND CATERING
Title 3: Accommodation, recreational facilities, food and catering

You are entitled to safe and decent living and

recreational facilities on board.
Food catering

To ensure that seafarers have access to good

quality food and drinking water provided
under regulated hygienic conditions
Sufficient quantities of good quality food and
drinking water and supply free of charge during
period of engagement
Food provided has to be nutritious and hygienic
Religious and cultural differences also have to be
considered
Ships cook

A ships cook has to be over 18

and appropriately trained and
qualified for the job
On ship with less than 10 crew,
the cook does not have to be fully
qualified
 TITLE 4: HEALTH
PROTECTION, MEDICAL
CARE, WELFARE AND
SOCIAL SECURITY
PROTECTION
TITLE 4: Health Protection, Medical Care, Welfare and Social Security Protection

To protect the health of seafarers and

ensure their prompt access to medical care
on board ship and ashore

Whilst you are on board you must be able to protect your

health and have prompt access to medical care,
including dental care, should you need it. The flag State
is responsible for standards of health protection on the
vessel and for promoting health education programs on
board.
 This means you should have prompt access to
necessary medicines, medical equipment and facilities
for diagnosis and treatment as well as medical
information and expertise.
When in port you should be able to visit a doctor or
dentist without delay. You should be able to get
medical care and health protection free of charge,
though the level of provision may vary according to
national law.
On-board medical facilities

All ships have to have a medical chest, medical

equipment and a medical guide on board.
For ships carrying 100 or more people, on
international voyages of more than three days, there
must be a qualified medical doctor on board. If there is
none, at least one of the crew on board must know how
to provide instant medical assistance.
Shipowners liability

To ensure that seafarers are protected from

the financial consequences of sickness, injury
or death occurring in connection with their
employment
Shipowners are responsible for any costs resulting
from sickness, injury or death connected to your
employment, from the date you start a contract until
you have been repatriated, or can claim medical
benefits under an insurance/compensation scheme.
 The shipowners responsibility for paying these
costs may be limited to 16 weeks from the day of
injury/sickness, if stated in national law/regulation.
If you are unable to work as a result of the
injury/illness you should get full wages so long as
you are on board.
In the event of your death or long-term disability due
to an occupational illness or injury, shipowners must
provide compensation as set out in national law,
your employment agreement
Shipowners are also liable for any burial expenses if
you die, whether on board or ashore, during the
period of engagement (within the period of
employment).
When is the shipowner NOT liable?

1. If you were injured whilst not in

the service of the ship
2. If you were injured or became sick
as a result of intentional misconduct
3. If you intentionally hid the fact
you were sick when you were
engaged