maritime labour convention seafarers bill of rights what does it mean for us?

Maritime Labour ConventionSeafarers’ Bill of RightsWhat does it mean for us?

www.itfglobal.org

Why was the MLC adopted?

• Seafarers need special protectionSeafarers need special protection• MLC provides comprehensive rights and protectionMLC provides comprehensive rights and protection• Tool to balance the maritime industryTool to balance the maritime industry• Long term benefits for Employers and SeafarersLong term benefits for Employers and Seafarers• ‘‘Fourth pillar’ of international maritime regulatory Fourth pillar’ of international maritime regulatory

regime, beside the key IMO SOLAS, MARPOL & STCWregime, beside the key IMO SOLAS, MARPOL & STCW• Set minimum requirements to work on a shipSet minimum requirements to work on a ship• Strengthen enforcement mechanisms at all levelsStrengthen enforcement mechanisms at all levels

SEAFARERS’ BILL OF RIGHTS www.itfglobal.org

Key issues for the ITF affiliates• Protect fundamental and seafarers’ rightsProtect fundamental and seafarers’ rights• Maintain principles in existing ILO ConventionsMaintain principles in existing ILO Conventions• Enforceable minimum labour standardsEnforceable minimum labour standards• Definition of seafarers/ShipownerDefinition of seafarers/Shipowner• Social security protectionSocial security protection• Real enforcement and controlReal enforcement and control



Fundamental Rights and Principlesa) 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’ Employment and Social RightsAs 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

Structure of the MLC

• Articles- set out the principles and obligations.Articles- set out the principles and obligations.• Regulations, Standards (Part A) and Guidelines (Part B) Regulations, Standards (Part A) and Guidelines (Part B)

in the Code integrated/organized under five Titles:in the Code integrated/organized under five Titles:

1.1. Minimum requirements for seafarers to work on a shipMinimum requirements for seafarers to work on a ship2.2. Conditions of employmentConditions of employment3.3. Accommodation,recreational facilities, food and Accommodation,recreational facilities, food and

cateringcatering4.4. Health protection, medical care, welfare and social Health protection, medical care, welfare and social

security protectionsecurity protection5.5. Compliance and enforcementCompliance and enforcement


To whom MLC applies/does not apply• Seafarer - any person who is employed/engaged works Seafarer - any person who is employed/engaged works

in any capacity on a ship covered by the MLCin any capacity on a ship covered by the MLC• The MLC applies to all ships [and seafarers] publicly or The MLC applies to all ships [and seafarers] publicly or

privately owned engaged in commercial activitiesprivately owned engaged in commercial activities• Smaller ships (below 200 gt ) may be exemptedSmaller ships (below 200 gt ) may be exempted• The Convention does not apply to inland waters; fishing The Convention does not apply to inland waters; fishing

vessels, traditional builds and warshipsvessels, traditional builds and warships


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


What must be in your employment agreement?

• Your full name, date of birth/age; place of birthYour full name, date of birth/age; place of birth• Shipowner’s name and addressShipowner’s name and address• Where and when the agreement was signedWhere and when the agreement was signed• Position on boardPosition on board• Your wages and how they are calculatedYour wages and how they are calculated• Amount of paid annual leaveAmount of paid annual leave



What must be in your employment agreement?

• Conditions for terminating the contractConditions for terminating the contract• Expiry date/duration of contractExpiry date/duration of contract• Health/ social security benefits providedHealth/ social security benefits provided• Entitlement and details to repatriationEntitlement and details to repatriation• Reference to the CBA, if applicableReference to the CBA, if applicable• Any other details required by national lawAny other details required by national law

Wages


• You have the right to be paid regularly and in fullYou have the right to be paid regularly and in full• Basic pay or wages - pay for normal hours of workBasic pay or wages - pay for normal hours of work• The ILO minimum wage for ABsThe ILO minimum wage for ABs• OvertimeOvertime• Keep your own copy of overtimeKeep your own copy of overtime• Sending money homeSending money home• Your entitlementsYour entitlements

Hours of work and hours of rest

• Normal working hours - 8-hour day/one day of restNormal working hours - 8-hour day/one day of rest

• Maximum hours of workMaximum hours of work

– No more than 14 hours in any 24-hour periodNo more than 14 hours in any 24-hour period

– – No more than 72 hours in any seven-day periodNo more than 72 hours in any seven-day period

• Minimum hours of restMinimum hours of rest

– at least 10 hours of rest in any 24-hour periodat least 10 hours of rest in any 24-hour period

– – at least 77 hours rest in any seven-day periodat least 77 hours rest in any seven-day period

• Table with shipboard working arrangementsTable with shipboard working arrangements


MLC requirements cont/…• Entitlement to leave• Repatriation• Seafarer compensation (ship’s loss or foundering)• Manning levels of the ship • Accommodation• On-board recreational facilities• Food and catering

SEAFARERS’ BILL OF RIGHTS www.itfglobal.orgwww.itfglobal.org

MLC requirements cont/…


• Health and safety and accident preventionHealth and safety and accident prevention• On-board medical careOn-board medical care• Shipowners’ liabilityShipowners’ liability• Health and safety protection/ accident preventionHealth and safety protection/ accident prevention• Access to shore-based welfare facilitiesAccess to shore-based welfare facilities• ConsulatesConsulates• Social securitySocial security

Safeguarding your rights


• TITLE 5: Compliance and Enforcement– Flag State responsibilitiesFlag State responsibilities– – Port State responsibilitiesPort State responsibilities– – Labour-supplying responsibilitiesLabour-supplying responsibilities

• Maritime labour Certificate/ DMLCMaritime labour Certificate/ DMLC• Inspection and enforcementInspection and enforcement• On-board complaint proceduresOn-board complaint procedures

Inspections in port/Port State Control


• Inspections in portInspections in port• More detailed inspection can be carried out when:More detailed inspection can be carried out when:

– the documents are not produced/ invalid/ falsifiedthe documents are not produced/ invalid/ falsified– – grounds for believing that the working and living grounds for believing that the working and living conditions are substandard conditions are substandard – – the ship has attempted to avoid compliancethe ship has attempted to avoid compliance– – a complaint by a seafarer, trade union, person a complaint by a seafarer, trade union, person interested in safety and health of seafarers/ their shipinterested in safety and health of seafarers/ their ship

• Examples of circumstances that may require detentionExamples of circumstances that may require detention

ITF/Affiliates/Seafarers Prospective


• We all need the MLC ratified and implementedWe all need the MLC ratified and implemented• MLC will help to improve your living and working MLC will help to improve your living and working

conditions on boardconditions on board• MLC is giving the minimum standards onlyMLC is giving the minimum standards only• For further information www.itfseafarers.orgFor further information www.itfseafarers.org• Questions please?Questions please?

maritime labour convention seafarers bill of rights what does it mean for us?

Documents

seafarers rights

wages seafarers bill

social rights

special protection seafarers

fundamental rights

comprehensive rights

seafarers long term

special protection mlc