MLC Flashcards
How does the MLC 2006 deal with crew Repatriation?
MLC, 2006 provides for the basic right of seafarers to repatriation at no cost to themselves.
Provides that a flag State must require ships that fly its flag to provide financial security to ensure that seafarers are duly repatriated in accordance with the Code.
Seafarers are entitled to repatriation:
(a) upon the expiry of the period of notice given in accordance with the SEA
(b) (i) in the event of illness or injury or other medical condition which requires their repatriation when found medically fit to travel;
(ii) in the event of shipwreck;
(iii) in the event of the shipowner not being able to continue to fulfil their legal or contractual obligations as an employer of the seafarers by reason of insolvency, sale of ship, change of ship’s registration or any other similar reason;
(iv) in the event of a ship being bound for a war zone, as defined by national laws or regulations or seafarers’ employment agreements, to which the seafarer does not consent to go; and
(v) in the event of termination or interruption of employment in accordance with an industrial award or collective agreement, or termination of employment for any other similar reason.
The costs to be borne by the shipowner for repatriation include at least the following:
(a) passage to the destination selected for repatriation in accordance with paragraph 6 of this Guideline;
(b) accommodation and food from the moment the seafarers leave the ship until they reach the repatriation destination;
(c) pay and allowances from the moment the seafarers leave the ship until they reach the repatriation destination, if provided for by national laws or regulations or collective agreements;
(d) transportation of 30 kg of the seafarers’ personal luggage to the repatriation destination; and
(e) medical treatment when necessary until the seafarers are medically fit to travel to the repatriation destination.
Time spent awaiting repatriation not be deducted from paid leave accrued to the seafarers.
Repatriation destinations should include the countries with which seafarers may be deemed to have a substantial connection including:
(a) the place at which the seafarer agreed to enter into the engagement;
(b) the place stipulated by collective agreement;
(c) the seafarer’s country of residence; or
(d) such other place as may be mutually agreed at the time of engagement.
Seafarers should have the right to choose from among the prescribed destinations the place to which they are to be repatriated.
The entitlement to repatriation may lapse if the seafarers concerned do not claim it within a reasonable period of time except where they are held captive on or off the ship as a result of acts of piracy or armed robbery against ships.
What is MLC 2006?
The MLC is a comprehensive international employment Convention adopted by the ILO International Labour Conference in February 2006. It contains seafarers’ rights to decent conditions of work and creates conditions of fair competition for shipowners.
The CODE (MLC) consists of five titles.
The Code consists of five titles:
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.
Title 5:Compliance and enforcement.
• • • • •
Please see MSN 1848 survey and certification.
Seafarers Employment Agreements
MGN 477 (M) As Amended.
The MLC, 2006 defines a seafarers’ employment agreement (SEA) in Article II, paragraph 1(g), as including both a contract of employment and articles of agreement. This is an inclusive definition that covers various legal systems and practices and formats. It specifically includes both a contract of employment and articles of agreement; but there could be other formats, as required under national law or practice. Regulation 2.1, paragraph 1, simply describes the SEA as “a clear written legally enforceable agreement” that must be “consistent with the standards set out in the Code”.
MSN 1838 Maritime Labour Convention, 2006: Minimum Age
The minimum age for working on a UK seagoing ship is 16 years of age.
Food & Catering - Provision of food and fresh water
MLC standards cover the:
- quantity
- nutritional value
- quality and variety of food and drinking water supplies onboard.
Taking into account
- religious requirements
- dietary requirements
- cultural practices as they pertain to food, and
- the duration and nature of the voyage
Ships cooks will be duly trained in food handling hygiene procedures and certified to that effect.
Medical care aboard ship and ashore
Certs
Title 1:Minimum requirements for seafarers to work on a ship.
Minimum Age
To ensure that no under-age persons work on a ship
- The minimum age for working on a UK seagoing ship is 16 years of age.
-Night work of seafarers under the age of 18 shall be prohibited. Night shall be defined as a period of at least nine hours starting no later than midnight and ending no earlier than 5 a.m.
- Work for Seaman under 18 will not jeopardize their health and safety.
Medical Certificates
To ensure that all seafarers are medically fit to perform their duties at sea
- All Seafares are to have a valid medical certificate attesting that they are medically fit to perform the duties they are to carry out at sea, issued by a duly qualified medical practitioner.
Training and Qualification
To ensure that seafarers are trained or qualified to carry out their duties on board ship
- Seafarers shall not work on a ship unless they are trained or certified as competent or otherwise qualified to perform their duties.
- Seafarers shall not be permitted to work on a ship unless they have successfully completed training for personal safety on board ship.
Recruitment and Placement
Purpose: To ensure that seafarers have access to an efficient and well-regulated seafarer recruitment and placement system
- All seafarers shall have access to an efficient, adequate and accountable system for finding employment on board ship without charge to the seafarer.
What is contained in the DMLC Part I
Part I is a declaration by the MCA which states how we expect a ship to comply with
the MLC regulations as well as national regulations we have put in place to ensure
compliance
What is contained in the DMLC Part II
The Part II declaration is made by the Shipowner and details what actions
have been taken on-board to ensure compliance with the MLC and national requirements
stated in the DMLC Pt I.
What would an MLC inspection generally cover?
The MLC inspection will generally cover areas such as:
- Minimum age of seafarers
- Medical certification
- Qualifications
- SEAs
- Use of R&P services
- Hours of work and rest
- Manning levels
- Accommodation
- On-board recreational facilities
- Food and catering
- H&S and accident prevention
- On-board medical care
- Payment of wages
- Evidence of financial security for providing repatriation and ship owners
liabilities.
Title 2: Conditions of Employment
Reg 2.1- Seafarers’ employment agreements
Purpose: To ensure that seafarers have a fair employment agreement
- terms and conditions of employment set out in a clear legally enforceable agreement, consistent with the code.
- seafarer must have the opportunity to review and seek advice about the agreement before signing.
Reg 2.2 - Wages
Purpose: 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.
Reg 2.3 - Hours of work and hours of rest
Purpose: To ensure that seafarers have regulated hours of work or hours of rest
The limits on hours of work or rest shall be as follows:
(a) maximum hours of work shall not exceed:
(i) 14 hours in any 24-hour period; and
(ii) 72 hours in any seven-day period; or
(b) minimum hours of rest shall not be less than:
(i) ten hours in any 24-hour period; and
(ii) 77 hours in any seven-day period.
Reg 2.4 - Entitlement to leave
Purpose: To ensure that seafarers have adequate leave
- seafarers given paid annual leave under appropriate conditions.
- seafarers given appropriate shore leave for their health and well being.
Reg 2.5 - Repatriation
Purpose: To ensure that seafarers are able to return home
- Seafarers have a right to be repatriated at no cost to themselves
- Each Member shall require ships that fly its flag to provide financial security to ensure that seafarers are duly repatriated
Reg 2.6 - Seafarer compensation for the ship’s loss or foundering
Purpose: 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.
Reg 2.7 - Manning levels
_Purpose: To ensure that seafarers work on board ships with sufficient personnel for the safe, efficient and secure operation of the ship
Reg 2.8 - Career and skill development and opportunities for seafarers’ employment
Purpose: To promote career and skill development and employment opportunities for seafarers
Title 3: Accommodations and recreational facilities, food and catering.
Reg 3.1- Accommodation and recreational facilities
Purpose: To ensure that seafarers have decent accommodation and recreational facilities on board
- 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.
Reg 3.2 - Food and catering
Purpose: To ensure that seafarers have access to good quality food and drinking water provided under regulated hygienic conditions
- ensure ships to carry onboard 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.
- food to be provided free of charge.
- ships cooks to be trained and duly qualified.
Title 4: Health protection, medical care, welfare and social security protection
Reg 4.1- Medical care on board ship and ashore
Purpose: To protect the health of seafarers and ensure their prompt access to medical care on board ship and ashore
- adequate measures for the protection of their health and that they have access to prompt and adequate medical care whilst working on board.
- provided at no cost to the seafarers.
Reg 4.2 - Shipowners’ liability
Purpose: To ensure that seafarers are protected from the financial consequences of sickness, injury or death occurring in connection with their employment
- 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.
Reg 4.3 - Health and safety protection and accident prevention
Purpose: To ensure that seafarers’ work environment on board ships promotes occupational safety and health
- provided with occupational health protection and live, work and train on board ship in a safe and hygienic environment.
Reg 4.4 - Access to shore-based welfare facilities
Purpose: To ensure that measures are taken with a view to providing seafarers with access to social security protection
