Maritime Labour Convention

MLC

On the basis of Maritime Labour Convention (MLC), the Seafarer’s Employment Contracts will be implemented and mandated against nullifying the present employment contracts. MLC will be similar to the other statutory certifications such as ISM and ISPS onboard ships and the certificate will have 5 years of validity with interim, initial and intermediate surveys.

Under MLC, 2006, the ship owners are required to submit a DMLC or Declaration of Maritime Labour Compliance to their respective flag states which form a party to the convention. The flag states will accordingly issue the MLC Certificate to the fleet flying their flag following, surveys, inspections, paperwork and approvals. The certificate would be then required to be posted at a conspicuous position onboard.

Contents of MLC,2006 

  1. Minimum Requirements for seafarers to work on ships
  • Minimum age
  • Medical certificate
  • Training and certifications
  • Recruitment and placement
  1. Conditions of Employment 
  • Seafarer’s Employment Agreement
  • Wages
  • Hours of rest and hours of work
  • Entitlement to leave
  • Repatriation
  • Seafarer compensation for ship’s loss or foundering
  • Manning levels
  • Career and skill development and opportunities for seafarer’s employment
  1. Accommodation, Recreation, Food and Catering
  • Accommodation and recreational facilities
  • Food and catering
  1. Health Protection, Medical Care, Welfare and Social Security Protection
  • Medical care on board and ashore
  • Ship owner’s liability
  • Health and safety protection and accident prevention
  • Access to shore based welfare facilities
  • Social Security
  1. Compliance and Enforcement
  • Flag state responsibility
  • Authorization of recognized organizations
  • Maritime labour certificate and declaration of maritime labour compliance
  • Inspection and enforcement
  • On board compliance procedures
  • Port State Responsibilities
  • Marine Casualties
  • Labour Supplying responsibilities

Application of MLC,2006 to type of vessels

MLC applies to all the registered commercial vessels regardless of the flag state they belong to. This will also include leisure and commercial yachts, which are engaged on international voyages besides a few exceptions as stated in their circular discussing application of MLC on types of vessels. Vessels must be over 500 GRT to carry the MLC certificate. For vessels under 500 GRT, guidelines recommend the vessels to be voluntarily complying with the convention and as documented by the flag states.

Compliance requirements

The flag state administration is either doing the certifying process for the MLC certification or a Recognized Organisation (RO) maybe entitled to carry out the process on their behalf. The authorization may include the whole process of submission of the DMLC, inspection and ships operational verification to issuance of the MLC Certificate or a part of it. Classification societies or other third parties which specialize as recognized organisations are normally the service providers on behalf of the flag states.

Period of validity of the certificate

The MLC certificate may be issued for a period not exceeding five (5) years, following thorough inspection and verifying the vessels meet the minimum requirements of the MLC. To ascertain that the vessels which fly the flag of the member states continue complying with the requirements and standards of the convention, the competent authority of the flag may renew the certificate and maintain a public record for the same. Ships that are newly built and ships undergoing change of flag would also be issued with the certificate on interim or provisional basis for periods not exceeding six (6) months.