Introduction to Maritime Labour Convention General Introduction Guidance

Introduction to Maritime Labour Convention General Introduction Guidance and Application www. itfglobal. org

Session Structure • Outline and purpose of the MLC, 2006, ITF Guide. • General explanation of the MLC, 2006 • Reasons why the MLC, 2006 was adopted. • The advantages of the MLC, 2006 for seafarers and discuss the advantages of the MLC, 2006 for ITF affiliates. • Reasons why the MLC, 2006 is different to previous Conventions. • The important definitions of the MLC, 2006. • Overview of whom the MLC, 2006 applies and whom it doesn’t apply. • The structure of the text of the MLC, 2006 and how to use it (articles, five titles, Regulations and Code (Part A and B), Regulation, Standards and Guidelines). GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www. itfglobal. org

Session Structure • The Fundamental Rights and Principles. • Seafarers’ Employment and Social Rights. • Definition of Substantial Equivalence with reference to the MLC, 2006. • The concept of ‘No More Favourable Treatment’ in the framework of the MLC, 2006. • The principle of Flag Nation Standards – No Reduction in the framework of the MLC, 2006. • When will the Convention come into force. • Amendments of the MLC, 2006 to this Convention as per Article XIV and to the Code as per Article XV. GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www. itfglobal. org

General Explanation of the MLC, 2006 • • • Consolidate and update more than 60 earlier ILO Conventions and Recommendations; Set minimum requirements for seafarers to work on a ship; Address conditions of employment, accommodation, recreational facilities, food and catering, health protection, medical care, welfare and social security protection; Promote compliance by shipowners and give governments sufficient flexibility to implement its requirements; and Strengthen enforcement mechanisms, including complaint procedures available to seafarers, the shipowners’ and shipmasters’ supervision on their ships, the flag States’ control, and PSC of foreign ships. GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www. itfglobal. org

Why was the MLC, 2006 adopted? • Many of the existing ILO instruments needed to be updated to reflect the working conditions in the industry. • Increased internationalisation of ship registries and “Flags of Convenience”. • Changes in ownership, financing and the rise of ship management companies resulting in significant shifts in the labor market for seafarers. • Development of mixed nationality crews in highly organised global network linking shipowners, ship managers and crew managers. • A need to provide a “level playing field” and avoid exploitation of workers. • Increased stress and complexity in the maritime work place that has an impact on the health and social security. GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www. itfglobal. org

Advantages of the MLC, 2006 For Seafarers • A comprehensive set of basic maritime labour principles and rights as well as ILO fundamental rights. • Convention spells out in one place and clear language seafarers’ basic employment rights. • Seafarers better informed of their rights and remedies available. • Improved enforcement of minimum working and living conditions. • Right to make complaints both on board and ashore. • Clear identification of who is the shipowner with overall responsibility. GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www. itfglobal. org

Transition from Previous Conventions • The new Convention is combining the “best of the old with the new”. • It combines the core standards found in the existing maritime Labour Conventions with an innovative format aimed at achieving universal acceptance. • It builds upon and incorporates many of the wellestablished approaches developed in other major conventions such as STCW and SOLAS. • Unlike other ILO Conventions it does not have a Convention number assigned to it because its text will be amended in the future (rather than being revised by another Convention). GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www. itfglobal. org

Important Definitions • Seafarer • Shipowner • Competent authority • Seafarers’ employment agreement • Seafarer recruitment and placement service GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www. itfglobal. org

Scope of MLC, 2006 Application Except as expressly provided otherwise, this Convention applies: • To all seafarers or any person who is employed or engaged on works in any capacity on board a ship to which the Convention applies. • To all ships, whether publicly or privately owned, ordinarily engaged in commercial activities except: – Ships navigating exclusively in inland waters, close to the coast, in sheltered waters or areas where port regulations apply. – Fishing vessels. – Ships of traditional build, such as dhows and junks. – Warships and naval auxiliaries. • Smaller ships (below 200 GT) may be exempted. GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www. itfglobal. org

Structure and How to Use • The Convention is organised into three main parts: the Articles coming first set out the broad principles and obligations; • Followed by detailed Regulations and Code (with two parts: Parts A and B) provisions; and • Regulations, Standards (Part A) and Guidelines (Part B) in the Code are integrated and organised into general areas under 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. GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www. itfglobal. org

Structure and How to Use/cont… • Example of vertical integration (extracts) – Regulation 1. 2 – Medical certificate Purpose: To ensure that all seafarers are medically fit to perform their duties at sea. 1. Seafarers shall not work on a ship unless they are certified as medically fit to perform their duties. • … – Standard A 1. 2 – Medical certificate 1. The competent authority shall require that, prior to beginning work on a ship, seafarers hold a valid medical certificate attesting. . . • … – Guideline B 1. 2 – Medical certificate Guideline B 1. 2. 1 – International Guidelines 1. The competent authority. . . should follow… GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www. itfglobal. org

Fundamental Rights and Principles Each member shall satisfy that the provisions of its law and regulations respect, in the context of this Convention, the fundamental rights to: • Freedom of association. • Effective recognition of the right to collective bargaining. • The elimination of all forms of forced or compulsory labour. • The effective abolition of child labour. • Elimination of discrimination in respect of employment and occupation. GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www. itfglobal. org

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. • A right to fair terms of employment. • A right to decent working and living conditions on board ship. • A right to health protection, medical care, welfare measures and other forms of social protection. GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www. itfglobal. org

Substantial Equivalence Definition: Any law, regulation, collective agreement or other measure used by a State to implement the requirements of the MLC, 2006 that is conducive to the full achievement of its goals and purpose. • The MLC, 2006 allows for a certain amount of flexibility as to how it is put into practice. If a flag State can prove that its approach is ‘substantially equivalent’ to the MLC’s, 2006 requirement, i. e. it covers the basic principles but in a different way from that set out in the MLC, 2006, this can be acceptable for the Part A requirements in Titles 1 - 4. • For Title 5 there can be no substantial equivalence, the measures for compliance and enforcement must be followed according to the MLC. GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www. itfglobal. org

No More Favourable Treatment Definition: The concept which prevents ships flying flags of States that haven’t signed the Convention from having an unfair advantage over ships flying the flag of States that have. Article V establishes the principle of “no more favourable treatment”, a principle that is also found in the key IMO conventions: • Essentially it requires a ratifying Member to apply Convention standards to a foreign ship in its ports (if it chooses to inspect the ship), even if the flag State of the ship has not ratified the Convention. • This may provide an incentive for ratification of the Convention and help to secure a level playing field with respect to employment rights. GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www. itfglobal. org

Flag Nation Standards – No Reduction Recalling article 19 of the Constitution of the International Labour Organization: In no case shall the adoption of any Convention or Recommendation by the Conference or the ratification of any Convention by any Member be deemed to affect any law, award, custom or agreement which ensures more favourable conditions to the workers concerned than those provided for in the Convention or Recommendation. GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www. itfglobal. org

Entry into Force • Ratification requirement of a minimum of 30 countries representing at least one third of the world fleet in gross tonnage. • Twelve months after meeting this requirement, the MLC comes into force. • The MLC has been ratified by Liberia, the Marshall Islands, Bahamas, Panama and Norway and many others. • Entry into force can be expected by 2012. GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www. itfglobal. org

Amendments of the MLC, 2006 • Amendment of the Convention (all parts - Articles, Regulations or Code) – Express ratification procedure. – New concept called “deemed acceptance” (paragraph 4) for entry into force. • Amendments to the Code – One of the most important innovations of the MLC allows for the amendment of certain provisions (the Code) through an accelerated amendment or tacit acceptance procedure rather than express ratification. GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www. itfglobal. org

Summary Any Questions? GENERAL INTRODUCTION – GUIDANCE AND APPLICATION www. itfglobal. org