Regulations

Regulations
Maritime Labour Convention 2006  

          This article deals with the Martitime Labour convention 2006......and its related questions which we all have aboutthis convention.....

          To promote better understanding of the Maritime Labor Convention (MLC 2006), the International Labor Organization prepared brief answers to most frequently asked questions about the Convention now considered as the Bill of Right of Seafarers worldwide.

Seaway is reprinting some excerpts of the FAQ in a series.

Below is Part 3 of the series:

Who is protected by the MLC 2006?

       The MLC 2006 applies to seafarers as defined in its Article II that is all persons who are employed or are engaged or work in any capacity on board a ship to which the Convention applies.
This definition thus includes not just the crew involved in navigating or operating the ship but also, for example, hotel personnel working on the ship. There could be cases where it is not clear whether a category of workers are to be regarded as seafarers covered by the Convention. Article II says, in the event of doubt, the national competent authority must make a determination on the question after consultation with the shipowners and seafarers organizations concerned.

Does the MLC 2006 apply to entertainers and hotel service staff?

       Since the MLC 2006 applies to any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies, it covers all workers including cabin and cleaning personnel, bar staff, waiters, entertainers, singers, kitchen staff, casino personnel and aestheticians. This conclusion is applicable irrespective of whether the seafarers concerned have been recruited directly by a shipowner or are employed under a subcontracting arrangement.


      Nevertheless, there are certain categories of workers, who only board the ship briefly and who normally work on land, for example flag State or port State control inspectors, who clearly could not be considered as working on the ship concerned.

       In other cases, the situation may not be clear, for example when a performer has been engaged to work on a cruise ship for the whole of the cruise or to carry out on going ship maintenance or repair or other duties on a voyage. In such cases, a determination will be necessary under Article II.

Does the MLC 2006 apply to cadets?

      On the assumption that cadets are performing work on the ship, although under training, they would be considered as seafarers in accordance with the provisions and principles indicated in answer to the question.

What ships does the MLC 2006 apply to?

       The MLC 2006 defines a ship in Article II as a ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply.

       The MLC 2006 applies to all ships as so defined, whether publicly or privately owned, that are ordinarily engaged in commercial activities except (see Article II):
■ ships engaged in fishing or in similar pursuits;
■ ships of traditional build such as dhows and junks;
■ warships or naval auxiliaries.

       The MLC 2006 recognizes that there may be situations where there is doubt as to whether it applies to a ship or particular category of ships. In the event of doubt, the national competent authority must make a determination on the question after consultation with the shipowners and seafarers organizations concerned.

When is a ship considered to be ordinarily engaged in commercial activities?

        The MLC 2006 does not have a definition of the phrase ―ordinarily engaged in commercial activities, used in Article II, paragraph 4 [see B4. What ships does the MLC, 2006 apply to]. This would be a matter for good faith determination by the country concerned, and subject to the usual oversight role taken by the Committee of Experts under the ILO supervisory system.

Can a ratifying country make exemptions from certain provisions of the MLC, 2006?

     Exemptions are possible to a limited extent and only where they are expressly permitted by the Convention (most of the permitted exemptions are found in Title 3, on accommodation). In addition, for ships less than 200 gross tonnage (GT) that do not go on international voyages, a country may (under Article II) determine that it is not reasonable or practicable at the present time to apply certain details of the Code. This determination must be made by the government in consultation with the shipowners and seafarers organizations concerned
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Is there a general tonnage limitation on the application of MLC 2006?

        There is no general tonnage limitation to the MLC 2006. However there is some flexibility which can be applied by a flag State regarding the application of particular requirements based on the gross tonnage (GT) of ships. For example the requirement for certification (in addition to inspection) of working and living conditions on a ship is not mandatory for ships less than 500 GT that do not go on international voyages or voyage between foreign ports.

     In connection with on board accommodation requirements there is also some flexibility based on the gross tonnage of the ships concerned.

Are ships that do not go on international voyages covered by the MLC, 2006?

       The MLC 2006 applies to all ships irrespective of the nature of their tonnage or their voyage other than ships which navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply.
However there is some flexibility which can be applied by a Flag State regarding the application of particular requirements based on the gross tonnage (GT) of ships and voyages. For example the requirement for certification (in addition to inspection) of working and living conditions on a ship is not mandatory for ships less than 500GT that do not go on international voyages or voyage between foreign ports.
        In addition, a determination can be made under Article II.
Ships or seafarers that do not go on international voyages are not required to comply with some of the requirements for English language versions of documents such as medical certificates under the MLC 2006.

Are ships that exist at the time the MLC 2006 is ratified by a country excluded?

     The MLC, 2006 applies to all ships covered by the Convention. However, the technical requirements, of a structural nature, relating to accommodation in Title 3 may not apply to ships construction prior to entry into force of the Convention for the country concerned.

Does the MLC 2006 apply to offshore resource extraction or similar vessels?

    The question whether the MLC 2006 applies to offshore resource extraction or similar vessels (e.g., MODUs and dredgers) or vessels that are not self-propelled will depend on two factors: whether the vessel is considered ?a ship, under the relevant national law and the location of its activities.
The Convention leaves, to be decided by reference to the relevant national law or practice and court decisions, the more general question of whether, or the circumstances in which, a particular waterborne vessel would be considered a ship. If the vessel is considered a ship, it would then be necessary to see whether it should be a ship covered by the MLC, 2006.

     This would depend upon whether or not it navigates exclusively in inland waters or waters within or closely adjacent to sheltered waters or areas where port regulations apply.

Does the MLC, 2006 apply to yachts?

       Unless a yacht is of traditional build or otherwise expressly excluded by the MLC 2006 or is not ordinarily engaged in commercial activities and, in principle, if its operations mean that it comes within the definition of a ship under Article II, then it is covered by the MLC 2006.

Who is the shipowner under the MLC, 2006?

      The MLC 2006 defines a shipowner as the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with the Convention.

     This definition applies even if any other organizations or persons fulfill certain of the duties or responsibilities on behalf of the shipowner. This comprehensive definition was adopted to reflect the idea that irrespective of the particular commercial or other arrangements regarding a ships operations, there must be a single entity, the shipowner, that is responsible for seafarers living and working conditions. This idea is also reflected in the requirement that all seafarers employment agreements must be signed by the shipowner or a representative of the shipowner.

    Keep reading the blog for further articles on different regulations thats get updated.....