Marine Engineering Knowledge II: MLC and Seafarers PDF

Official (Open) MARINE ENGINEERING KNOWLEDGE II Chapter 7: MLC and Seafarers  Official (Open) Learning Objectives 1. Explain the purpose and significance of the Maritime Labour Convention (MLC) in establis...

Official (Open) MARINE ENGINEERING KNOWLEDGE II Chapter 7: MLC and Seafarers  Official (Open) Learning Objectives 1. Explain the purpose and significance of the Maritime Labour Convention (MLC) in establishing fundamental standards for seafarers' treatment and working conditions, aimed at promoting fair and decent work practices. 2. Describe the essential rights and protections provided to seafarers under the MLC, including minimum wage requirements, work hour limits, rest period entitlements, and safety measures, to ensure a comprehensive understanding of their entitlements. 3. Understand the MLC's role in fostering fair treatment and preventing discrimination against seafarers from all backgrounds, promoting a welcoming and respectful environment on board ships.  Official (Open) Introduction The Maritime Labour Convention (MLC) is a comprehensive international labour convention that was adopted by the International Labour Organization (ILO) in 2006 and came into force in 2013. It is often referred to as the "Seafarers' Bill of Rights“. The MLC sets basic standards for the treatment and working conditions of seafarers. It aims to ensure fair and decent work practices for seafarers worldwide.  Official (Open) Freedom of association Eliminate forced Safe and labour secure workplace MLC Decent work and living Eliminate conditions discrimination Health and Eliminate medical child labour protection and other social protection  Official (Open) Regulations and code of the maritime labour convention 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.  Official (Open) Title 1: Minimum requirements for seafarers to work on a ship a) Minimum Age Minimum age is 16 years old for employment, engagement or work on board ship. Night watches are only for those above 18 years old. Work that is likely to jeopardize health or safety, as deemed by the national authority, competent authority and relevant international standards shall not be given to seafarers below the age of 18 years old.  Official (Open) b) Medical Certificate Prior to employment on board, a valid medical certificate must be presented. The medical certificate must be issued by a certified medical authority recognized by the Administration. Seafarers must meet the minimum standards for hearing, eyesight and colour vision, and be generally fit for physical work on board ship.  Official (Open) c) Training and Qualification Seafarers are required to be adequately trained and certified to perform the duties required of them on board ship. Training shall be undergone in a certified training facility and upon completion, the seafarer will be certified as competent.  Official (Open) d) Recruitment and Placement Seafarers shall have access to finding employment on board ship without charge. Agencies provided employment to seafarer shall be organized and follow regulatory requirements with regards to documentations and procedures established by local and international laws. The Administration shall maintain close supervision on all parties involved in seafarer’s employment.  Official (Open) e) Others Confidentiality of personal information of seafarers shall be always maintained. All costs that must be borne by the seafarer shall be clearly stated  Official (Open) Title 2: Conditions of employment a) Seafarer’s Employment Agreement Each party shall hold a copy of the signed document of employment while the seafarer is being employed on board. The document shall contain the particulars of the seafarer, the duties on board, salary, and others. If the seafarer’s contract is terminated before completion, a notice shall be given before hand.  Official (Open) b) Wages Wages shall be paid at least monthly, and details of personal wage accounts shall be provided to the seafarer. Facility shall be provided for remittance to the seafarer’s family. No discrimination shall be made on remuneration regardless of race, colour, sex, religion, political opinion, national extraction or social origin. It is prohibited to impose monetary fines on seafarers other than those authorized by national laws, collective bargaining agreements or other measures.  Official (Open) c) Hours of work and hours of rest Hours of work means time during which seafarers are required to do work on account of the ship. Hours of rest means time outside hours of work but does not include short breaks. The maximum hours of work shall not exceed 14 hours in any 24-hour period; and 72 hours in any seven-day period, OR, The minimum hours of rest shall not be less than ten hours in any 24-hour period and 77 hours in any seven- day period. Hours of rest cannot be divided into more than two periods, one of which shall be at least six hours in length, and the interval between consecutive periods of rest shall not exceed 14 hours. Any drills shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue.  Official (Open) d) Entitlement to leave Seafarers are entitled to paid leave under appropriate conditions. Seafarers are entitled to shore leave for the benefit of health and well-being in accordance with operational responsibilities.  Official (Open) Title 3: Accommodation, recreational facilities, food and catering Living quarters provided for seafarers shall be decent, safe and in accordance with relevant standards of the Code. Factors such as the size of the accommodation spaces, ventilation, noise, sanitization, lightings and hospital accommodation shall meet minimum standards. Recreational facilities shall be provided such as a sports room, television, games, etc. The supply of food and drinking water is adequate for the number of seafarers on board, their religious beliefs and cultural practices, and the duration and nature of the voyage, without compromise on nutritional value, quality and variety. Catering staff shall be trained for their positions.  Official (Open) Title 4: Health protection, medical care, welfare and social security protection a) Shipowners’ liability Shipowners are liable to bear the cost of seafarers falling sick or getting injured while on board. Shipowners shall provide financial security in the event of death or long-term disability. Any treatment due to injury on board shall be borne by the shipowners.  Official (Open) Medical care on board ship and ashore Seafarers are given health protection and medical care as comparable as possible to that which is generally available to workers ashore. Seafarers have the right to visit medical doctors and dentists without delay at ports of call. Ships shall maintain a medicine chest, as well as medical equipment and medical guide.  Official (Open) b) Health and safety protection and accident prevention The working environment on board ships shall be in accordance with the National Occupational Safety and Health Policies. Safety standards shall be upheld, and necessary protective equipment provided for seafarers. Necessary training shall be provided for seafarers to ensure safe working practices. c) Health and safety protection and accident prevention. Posters, magazines and other forms of material shall be provided to promote good safety culture on board ships.  Official (Open) d) Access to shore-based welfare facilities. Seafarers shall have access to welfare facilities ashore. e) Social security. Seafarers shall be entitled to social security benefits such as medical care, sickness benefit, unemployment benefit, old-age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit and survivors’ benefit, if they are provided by their national legislation.  Official (Open) Title 5: Compliance and enforcement. Title 5 is the backbone of the MLC, ensuring that the rights and protection it provides are not just words on paper, but are actively implemented and upheld. It outlines the mechanisms and responsibilities that ensure the MLC's standards are met both on board ships and by the countries that have ratified the convention. Key Components: a) Flag State Responsibilities. b) Port State Control. c) Onboard Complaints Procedure. d) Labour-Supplying Countries.  Official (Open) a) Flag State Responsibilities: Implementation and Enforcement: Each country that ratifies the MLC (the flag state) is responsible for fully implementing and enforcing its provisions on ships flying its flag. This includes having laws and regulations that align with the MLC, as well as a system to inspect and monitor compliance. Certification: Flag states issue Maritime Labour Certificates (MLC) and Declarations of Maritime Labour Compliance (DMLC) to ships that meet the requirements. These documents serve as proof of compliance during port state control inspections.  Official (Open) b) Port State Control: Inspection and Verification: Port states (countries where ships dock) have the right to inspect foreign-flagged ships to ensure they comply with the MLC. They can verify the ship's certificates, conduct onboard inspections, and interview crew members. Detention: If a ship is found to have serious deficiencies that endanger seafarers' working or living conditions, the port state can detain the ship until the issues are rectified.  Official (Open) c) Onboard Complaints Procedure: Seafarers' Right to Complain: The MLC gives seafarers the right to make complaints if they believe their rights under the convention are being violated. This can be done through a formal onboard complaint's procedure. Investigation and Resolution: The ship's master and company are responsible for investigating complaints and taking appropriate action to resolve them.  Official (Open) d) Labour-Supplying Countries: Cooperation and Information Sharing: Countries that supply seafarers to the maritime industry are encouraged to cooperate with flag and port states to ensure the MLC is effectively implemented and enforced. They should also inform seafarers of their rights under the MLC.  Official (Open) Additional Points: Substantial Equivalence: The MLC allows for some flexibility in implementation. Countries can meet the MLC's requirements through measures that are "substantially equivalent" to the convention's provisions, if they achieve the same level of protection for seafarers. Amendments: The MLC has been amended several times to strengthen its provisions and address emerging issues in the maritime industry.  Official (Open) Summary  Official (Open) Summary 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.  Official (Open) Advantages of MLC SEAFARER SHIPOWNER A comprehensive set of basic maritime labour Will benefit from a system of certification, principles and rights as well as ILO fundamental rights including a certification system possible for ships Convention spells out in one place and clear less than 500 GT, if the Shipowner so requests language seafarers' basic employment rights A more socially responsible shipping industry Seafarers better informed of their rights and of A better protected and more efficient remedies available workforce GOVERNMENT Wider powers of enforcement on all ships Improvedquality of shipping services Improvedprotection of the environment Additional flexibility with firmness of rights and flexible as how to implement, makingthe Convention easier to ratifyand implement Certification system mandatoryonlyfor ships over 500 GT  Official (Open) Discussion  Official (Open) In the situation whereby if the MLC 2006 requirements are not being met by any parties, explain the steps could be taken by seafarers to protect their rights.  Official (Open) DOCUMENT THE VIOLATIONS: Seafarers should document anyviolations or non-compliance with MLC 2006 standards. This includes keeping records of working hours, conditions, accommodation issues, andany otheraspects of employment thatmaybe in breach of the convention. SPEAK WITH SUPERVISORS AND MANAGEMENT: Seafarerscaninitiallyaddress concerns directly withtheir supervisorsortheship's management.. CONTACT THEFLAG STATE ADMINISTRATION: The flag state of the vessel is responsible for ensuring compliance with international maritime regulations. Seafarers can contact the flag state administration and report the violations, providing details of the non-compliance with MLC 2006 requirements. Flag states havethe authorityto investigate andtake corrective actions. LEGAL ACTION: In extremecases whereallother avenues havebeen exhausted, seafarers mayconsider legal action. This could involve takingthe matterto acourtortribunal,dependingon the jurisdictionandthespecific circumstances of thecase.