Short Introduction to the Maritime Labour Convention

7/21/2019 Short Introduction to the Maritime Labour Convention

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Maritime Labour

Convention

Seafarers Bill ofRights

What does it meanfor us?

www.itfglobal.org


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Why was the MLC adopted?

Seafarers need special protectionSeafarers need special protection

MLC provides comprehensive rights andMLC provides comprehensive rights and

protectionprotection

Tool to balance the maritime industryTool to balance the maritime industry

Long term benets for Employers andLong term benets for Employers and

SeafarersSeafarers

!ourth pillar" of international maritime!ourth pillar" of international maritime

regulatory regime# beside the $ey %M& S&L'S#regulatory regime# beside the $ey %M& S&L'S#

M'()&L * STCWM'()&L * STCW

Set minimum re+uirements to wor$ on a shipSet minimum re+uirements to wor$ on a ship

Strengthen enforcement mechanisms at allStrengthen enforcement mechanisms at all

levelslevels

SE'!'(E(S" ,%LL &! (%-.TS www.itfglobal.org


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/ey issues for the %T! a0liates

)rotect fundamental and seafarers" rights)rotect fundamental and seafarers" rights Maintain principles in e1isting %L&Maintain principles in e1isting %L&

ConventionsConventions

Enforceable minimum labour standardsEnforceable minimum labour standards

2enition of seafarers3Shipowner2enition of seafarers3Shipowner

Social security protectionSocial security protection

(eal enforcement and control(eal enforcement and control



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!undamental (ightsand )rinciples

a4 !reedom of association and the e5ectiverecognitionof the right to collective bargaining

b4 Elimination of all forms of forced orcompulsory labour

c4 E5ective abolition of child labour

d4 Elimination of discrimination in respect ofemployment and occupation


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Seafarers" Employmentand Social (ights

's a bare minimum every seafarer has the rightto6

a4 Safe and secure wor$place that complieswith

safety standardsb4 !air terms of employment

c4 2ecent wor$ing and living conditions

d4 .ealth protection# medical care# welfaremeasures and other forms of socialprotection


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Structure of the MLC

'rticles7 set out the principles and'rticles7 set out the principles and

obligations8obligations8 (egulations# Standards 9)art '4 and(egulations# Standards 9)art '4 and

-uidelines 9)art ,4 in the Code-uidelines 9)art ,4 in the Codeintegrated3organi:ed under ve Titles6integrated3organi:ed under ve Titles6

;8;8 Minimum re+uirements for seafarers to wor$Minimum re+uirements for seafarers to wor$on a shipon a ship

8 .ealth protection# medical care# welfare and.ealth protection# medical care# welfare andsocial security protectionsocial security protection

88 Compliance and enforcementCompliance and enforcement



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To whom MLC applies3does not apply

Seafarer 7 any person who isSeafarer 7 any person who is

employed3engaged wor$s in any capacity onemployed3engaged wor$s in any capacity on

a ship covered by the MLCa ship covered by the MLC

The MLC applies to all ships @and seafarersAThe MLC applies to all ships @and seafarersA

publicly or privately owned engaged inpublicly or privately owned engaged incommercial activitiescommercial activities

Smaller ships 9below


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MLC re+uirements

Minimum age

Medical certication Dualications of seafarers (ecruitment and placement Seafarers" employment agreements

Wages .ours of wor$ and hours of rest



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What must be in your employment agreement?

our full name# date of birth3age place ofour full name# date of birth3age place of

birthbirth

Shipowner"s name and addressShipowner"s name and address

Where and when the agreement was signedWhere and when the agreement was signed

)osition on board)osition on board

our wages and how they are calculatedour wages and how they are calculated

'mount of paid annual leave'mount of paid annual leave



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What must be in your employment agreement?

Conditions for terminating the contractConditions for terminating the contract

E1piry date3duration of contractE1piry date3duration of contract

.ealth3 social security benets provided.ealth3 social security benets provided

Entitlement and details to repatriationEntitlement and details to repatriation

(eference to the C,'# if applicable(eference to the C,'# if applicable

'ny other details re+uired by national law'ny other details re+uired by national law


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Wages


ou have the right to be paid regularly and inou have the right to be paid regularly and infullfull

,asic pay or wages 7 pay for normal hours of,asic pay or wages 7 pay for normal hours of

wor$wor$

The %L& minimum wage for ',sThe %L& minimum wage for ',s

&vertime&vertime /eep your own copy of overtime/eep your own copy of overtime

Sending money homeSending money home

our entitlementsour entitlements


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.ours of wor$ and hours of rest

Formal wor$ing hours 7 G7hour day3one day ofFormal wor$ing hours 7 G7hour day3one day of

restrest

Ma1imum hours of wor$Ma1imum hours of wor$

H Fo more than ;> hours in any 7hour periodFo more than ;> hours in any 7hour period

HH Fo more than I< hours in any seven7dayFo more than I< hours in any seven7day

periodperiod

Minimum hours of restMinimum hours of rest

H at least ;B hours of rest in any 7hour periodat least ;B hours of rest in any 7hour period

HH at least II hours rest in any seven7day periodat least II hours rest in any seven7day period

Table with shipboard wor$ing arrangementsTable with shipboard wor$ing arrangements



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MLC re+uirements cont3J

Entitlement to leave (epatriation

Seafarer compensation 9ship"s loss orfoundering4

Manning levels of the ship

'ccommodation

&n7board recreational facilities

!ood and catering

SE'!'(E(S" ,%LL &! (%-.TS www.itfglobal.orgwww.itfglobal.org


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MLC re+uirements cont3J


.ealth and safety and accident prevention.ealth and safety and accident prevention

&n7board medical care&n7board medical care

Shipowners" liabilityShipowners" liability

.ealth and safety protection3 accident prevention.ealth and safety protection3 accident prevention 'ccess to shore7based welfare facilities'ccess to shore7based welfare facilities

ConsulatesConsulates

Social securitySocial security


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Safeguarding your rights


T%TLE 6 Compliance and EnforcementH !lag State responsibilities!lag State responsibilities

HH )ort State responsibilities)ort State responsibilities

HH Labour7supplying responsibilitiesLabour7supplying responsibilities Maritime labour Certicate3 2MLCMaritime labour Certicate3 2MLC %nspection and enforcement%nspection and enforcement &n7board complaint procedures&n7board complaint procedures


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%nspections in port3)ort State Control


%nspections in port%nspections in port More detailed inspection can be carried out when6More detailed inspection can be carried out when6

H the documents are not produced3 invalid3 falsiedthe documents are not produced3 invalid3 falsied

HH grounds for believing that the wor$ing and livinggrounds for believing that the wor$ing and living

conditions are substandardconditions are substandard

HH the ship has attempted to avoid compliancethe ship has attempted to avoid compliance

HH a complaint by a seafarer# trade union# persona complaint by a seafarer# trade union# person

interested in safety and health of seafarers3 their shipinterested in safety and health of seafarers3 their ship E1amples of circumstances that may re+uire detentionE1amples of circumstances that may re+uire detention


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%T!3'0liates3Seafarers )rospective


We all need the MLC ratied and implementedWe all need the MLC ratied and implemented

MLC will help to improve your living andMLC will help to improve your living and

wor$ing conditions on boardwor$ing conditions on board

MLC is giving the minimum standards onlyMLC is giving the minimum standards only

!or further information www8itfseafarers8org!or further information www8itfseafarers8org

Duestions please?Duestions please?

Short Introduction to the Maritime Labour Convention

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Transcript of Short Introduction to the Maritime Labour Convention