An outline of the Maritime Labour Convention 2006 (MLC 2006)

Dear friends! The world currently has about 1.2 million seafarers working on ships, transporting some 90% of global merchandise trade. Facing freight demand is increasing, raising the quality and ensure the rights and obligations of the crew working on the sea is a world problem being very interested. So, on 02/07/2006, at the 54th Conference of the ILO, with the participation of nearly 100 member states, has agreed to build the Maritime Labour Convention 2006 (MLC 2006).
MLC 2006 include global standards and uniform aggregated from 68 of the Convention and the various recommendations on maritime labor was ratified ILO since 1920 to adjust uniform standards and consistent guidance with current maritime activities and removal of provisions no longer suitable. Once in force, the Convention will provide full rights and protect jobs for more than 1.2 million seafarers worldwide.
MLC 2006 Convention entered into force on 08.20.2013 will become the core conventions of the system Wednesday 4 major maritime conventions, including:
MLC 2006: Maritime Labour Convention 2006
SOLAS 74: International Convention for the Safety of Life at Sea (1974)
STCW 78/95/2010 is amended: the International Convention on Standards of Training, training and professional certification of seafarers and Watchkeeping
MARPOL 73/78: International Convention for Prevention of Pollution from Ships (1973) was amended by the Protocol of 1978.

Organizations and individuals need to enforce the requirements of the MLC 2006 include:
Government, maritime authorities
Marine Inspection Agency
Ship registry agencies
The shipyard and ship repair
The company recruits and providing seafarers
Sailor

The objective of the Convention:

Currently, the country in which the flag can not execute the inspection and supervision related to the working conditions of seafarers on board, damage to the health of seafarers and the safety of vessels operating on the sea international waters. Typically, crew members working abroad and under the management of the shipowner or the organization managing foreign seafarers, therefore, must comply with international standards. Of course, this standard must be prescribed by the laws of the Member States, particularly the governments of the countries where the flag in ensuring safety, maritime security and prevention of environmental pollution .
Content regulation of MLC 2006 Convention emphasized the importance of coordination between the government of the country and port authorities in order to consider and approve implementing a system to check, monitor and a health certificate drafted by the ILO and recommendations widely used in the world's ports.

Scope of application:

- For crew: This Convention applies to all persons who belong boat or employed on ships belonging to the scope of the MLC, irrespective of nationality flag.
- For vessels: This Convention applies to all ships, whether State-owned or private, or catering to the commercial activity or not, from fishing boats or similar vessels fishing boats, sailboats . This Convention shall not apply to military vessels or warships.

The content of the Convention:

The Convention consists of three main parts: Part 1 consists of 16 clauses, Part 2 is the regulations and laws, section 3 is relevant annexes. Specific:
Part 1: The provisions of 16 articles, the general provisions on the terms, basic concepts to understand the unity of the Convention; principles and fundamental rights of member states to adhere to, seafarers and seafarers' rights and responsibilities implementing the Convention; provisions of Part A and Part B of the Code, including provisions and provisions of part A of the Code are mandatory, regulations and provisions of Part B is not mandatory; consultation with shipowners, seafarers and effectiveness of the Convention.
Part 2: The regulations and the Code, including regulations and standards (Part A) and recommendations (Part B) in the Code are specified in 5 main contents were mentioned in 68 treaties Maritime Labour ago. Also, there is some additional content on occupational safety and health fit fitness standards for seafarers, such as the impact of noise and vibration to the working conditions of seafarers and the area dangerous. Specifically 5 the following:
- Minimum conditions for seafarers working on ships: regulation and guidelines on the minimum age, health certificates seafarer training and certification as well as the recruitment and replacement of seafarers.
- The terms of the labor contract: rules and guidelines on labor contracts, wages, hours of work and rest of seafarers; rights to leave, repatriation of seafarers, the minimum safe manning on board, the ability to develop skills and employment opportunities for seafarers.
- Accommodation accommodation and living facilities, food: regulations and guidelines on the conditions for accommodation and entertainment of the crew on board.
- Health protection, medical care and social security regimes: regulations and guidelines for health protection and medical care for seafarers on board and on shore, to prevent accidents to seafarers ; right of access to welfare services onshore and entitled social welfare of seafarers and the ship owner's responsibility to pay for the treatment of disease, injury or death of crew member while work.
- Implementing provisions: rules and guidelines of responsibility, an obligation to implement the national flag, national responsibility port and labor supply. The establishment of inspection systems and certification of maritime labor compliance and declaration of maritime labor laws for ships flying the flag of Member States as well as check for compliance with the Convention of foreign ships to port for countries with ports.
Part 3: Appendices relating included instruction forms relating to the implementation of the Convention, such as the form of certificates of maritime labor, compliance with the Convention Declaration, Certificate interim maritime labor.
When effective, all ships (irrespective of the national flag or ships FOC) tonnage by or on international voyages 500gt must be checked for Labor Certificate Maritime (Maritime Labour Certificate - MLC) and Declaration of Maritime Labour Compliance (Declaration of Maritime Labour Compliance - DMLC). The vessels equal to or above the national flag 500 GTwhen operating in the port area of ​​other countries have also had to MLC.
 The inspection was conducted by the Agency's inspectors national maritime flag (FSC) and the inspection agency of the port (PSC). Content inspection includes the compliance with the provisions of national legislation and measures to implement the requirements of the MLC 2006 is specified according to 14 points:

1. The minimum age of workers (1.1):

· According to the convention MLC was 16 years old, Chief Cook's own 18.
· The Convention prohibits crew members under 18 to work at night.
· The Convention prohibits hiring crew members under 18 years if the job is dangerous to their health.
  Crew members under age 18 work in hazardous places must be assessed risks.

2. The certificates of health (1.2):

Suitability of health of crew members is determined by conducting health checks before sailing and periodic.
· A crew member certificates expire when working on board could get a new medical certificate from a qualified basis upon the first opportunity in a period not exceeding three months.
· In case of emergency the competent authority may permit a seafarer to work without medical certificate valid until call ports follow where crew can get the certificate of a medical facility qualified:
   a. Time allowed no more than 3 months.
   b. Seaman holding new medical certificate expires.
· Medical certificate with the longest validity is 2 years; for crew members under 18 is 1 year.
· Certificate of the ability to distinguish colors longest 6 years.

3. Certificate professional competence of seafarers (1.3)

· The crew members on board was not working unless trained or certified professional ability, and be trained in personal safety on board.
· Deadline to receive paper certificates of seafarers to be controlled
· Certificate of seafarers should be original.
· When to boats must be acquainted fit guide.

4. Agreement work of seafarers (2.1):

· Crew members provided the original work agreement signed by them.
· The complaints of seafarers is done when shipowners fail to comply with such an agreement has been signed.

5. Use the base of recruitment & supply crew certified private or controlled (1.4):

· Generally, no crew members were recruited from countries not signing "Maritime Labour Convention".
· In case the crew members are recruited from a country not signing MLC-2006, the supply base crew periodic reviews at least annually to confirm A1-4 standards of MLC-2006

6. Working hours and rest time (2.3):

· Shipowners control of working hours and rest of seafarers.
· Typically crew should not work more than 8 hours / day & 40 hour / week.
· Work 2 hours to rest for 15 minutes.
· The number of hours of work shall not exceed:
Hours in any 24 hours.
72 hours in any 7 days.
· The number of hours of rest shall not be less than:
10 hours in any 24 hours.
77 hours in any 7 days.
· The number of hours of rest are divided not exceed 2 phase at least 6 hours between the time period not exceeding 14 consecutive hours.

7. The number of crew members (2.7):

· Every ship has one paper minimum manning, the requirements for professional competence are defined.
· The identification of each crew is required for security purposes.
· Arranging more crewmen in safe minimum manning for purpose:
· To ensure safety at work.
· Avoid excessive fatigue.

8. The living area (3.1):

· The living area is designed & newly fit the requirements of the national flag.
· The heating ventilation, noise, vibration, lighting sanitary facilities, medical care, air ... is caring.
· Equipment for preventing the infiltration of parasites, flies, mosquitoes also shipowners concerned.
9. Means of entertainment on board (3.1):
· Recreational facilities are located far from the noise.
· Sound recreational area if necessary, may be adequate attention.
· The high noise areas are marked with clearly defined requirements acquainted.
· Collective appointment of a caretaker, manage recreation areas.
· Entertainment: library, video, games, TV, music, karaoke.
· Cigarette smoking was defined area.
· Spirits are not used.
· Gym trying to arrange equipment.
· Crew members have access personal computer and mailed under postal system companies to avoid international tariffs.

10. To carry food and food supply:

· Food processing is periodically monitored monthly.
· Ensure cleanliness and avoid wasting food.
· Store food monthly hygiene.
· Chief Cook trained and certificated specialists.

11. Health and safety and accident prevention (4.3):

· Assess the risks to health and safety, accident prevention is carried out regularly before performing a complex task given.
· Crew members should be instructed to familiarize the steps off the train: using lifesaving equipment, fire, poison processing tool ...
· Regulation smoking areas to reduce impact on non-smokers.
· The capacity training programs for crew members is set to be able to handle the impact of the commodity is determined.
· Protective measures when working in a confined space and work with high-energy sources are set ..
· Factors related to drugs, tobacco, wine, company also ships concerned and wary.
· On board with at least one safety officer to manage the issues related to safety issues and environmental pollution.

12. Medical care on board:

· Train at least two crew members completed the training program "First Aid" & Medical care) in accordance with STCW.
· Crew members perform medical care were trained for 5 years.
· Information channels and satellite radio services registered with the medical advice is maintained.
· Medical Evacuation (Medical Evacuation) and other emergency situations contemplated aboard the rescue plan.
· Medical devices are equipped with matching country flag regulations.
· Inventory medicine cabinets monthly.
· Information on medical facilities on shore was the person responsible for maintaining GMDSS.
· The provisions on personal protective equipment and antidotes are provided by each carrier.
· The controlled drugs are kept in a secure manner of the master or dual buckle in the form of medical suites.

13. The complaint procedure on board (5.1.5):

· Complaints by seafarers to be handled promptly.
· Crew members have the right to complain to the captain, to representatives of shipowners, flag administrations to nationality.
· Address of the shipowner, the government representative of the ship administration is publicly posted.
· The reception aboard resolve complaints are forwarded to the office of onshore monitoring and subsequent solution. If you still can not resolve will send to the higher levels.
· Crew members issued a complaint and without discrimination when complaints.

14. The issue of wages:

· Working hours, rest is established, reporting, monitoring and reviewing on-board in our office every month.
· Working hours based on request of administrations and collective bargaining agreements.
· Ratio 1.25 overtime basic wage / hour, rates are considered and calculated.
· The payment of monthly salary.
· Overtime is paid with regular salaries.
· Work crews are not discriminatory.
· Finalization salaries offered at the end of the agreement.
· Confidential payrolls are maintained.
Note:
· The reference to the provisions of the national flag and nationality processes in the management system of the ship owner must be indicated.
· A number of other issues such as the right to leave, repatriation, social security ... are also due attention.

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