The NCMM Sea Health Conference 2011 – MLC 2006

1. How will the Maritime Labour Convention 2006
influence international shipping?
Natalie Shaw

2. Maritime Labour Standards
60 instruments on issues such as:
employment conditions e g:- minimum age
compulsory pre employment medical examination;
repatriation of seafarers;
social security
welfare facility standards;
health and Safety
food, catering & accommodation

3. Background
60 Current ILO maritime instruments
- out of date
- not widely ratified
- unenforceable
Vacuum not desirable
Too detailed
Slow amendment
Regulation overload
Substantial equivalence
Governmental Support

4. Consolidated Convention: The Objectives
2 primary purposes:
bring protection in existing standards closer to
seafarers,
improve applicability - those providing acceptable
working conditions do not bear an unequal burden
to ensure protection
All-encompassing instrument
Attractive to ratify
easily monitored & enforced
Easily updatable
User friendly.

5. ILO Consolidated Convention : Structure
ARTICLES
OF THE CONVENTION
General provisions; definitions; application; amendment procedures;
transition; entry into force requirements; final provisions.
REGULATION I REGULATION II REGULATION III REGULATION IV REGULATION V
Pre-requisites for going Conditions of Employment Accommodation, welfare Health protection, welfare, Enforcement
to sea and related provisions and Manning facilities, food and catering medical care and social Key broad principles
Key broad principles Key broad principles Key broad principles security protection
Key broad principles
CODE PART A I CODE PART A II CODE PART A III CODE PART A IV CODE PART A V
Pre-requisites for going Conditions of Employment Accommodation, welfare Health protection, welfare, Enforcement
to sea and related and Manning facilities, food and catering medical care and social Conventions
provisions Conventions Conventions security protection
Tacit amendment
Conventions
Conventions
CODE PART B I CODE PART B II CODE PART B III CODE PART B IV CODE PART B 1V
Pre-requisites for going Conditions of Employment Accommodation, welfare Health protection, welfare, Enforcement
to sea and related provisions and Manning facilities, food and catering medical care and social recommendations
recommendations recommendations recommendations security protection
recommendations
Substantial Equivalence

6. Consolidated Convention diagram example
ARTICLES
OF THE CONVENTION
“Every seafarer has the right to fair terms
General provisions; definitions; application; amendment procedures;
transition; entry into force requirements; final provisions.
of employment”
“Terms shall be written, clear, legally enforceable;
REGULATION II
Conditions of Employment
and Manning
opportunity to review before signing;
Key broad principles
form and content to comply with the Convention; and
may incorporate a CBA.”
CODE PART A II
Conditions of Employment “English version to be available, copies to be carried on board etc.”
and Manning
Conventions
CODE PART B II “Detailed guidance on content, model agreement etc.”
Conditions of Employment
and Manning
recommendations

7. New Amendment Procedures
• Express ratification • Simplified amendment
• Follows closely current ILO • Introduces tacit acceptance
procedures to replace ratification
• Updates Convention, but • Applies to Codes A & B
does not create new revising
instrument
New Tripartite Maritime Committee will consider amendment proposals

8. A New Approach To Enforcement
Specific section on Enforcement -
responsibilities & measures
Enforcement Chain - Integrate international &
national levels
Labour Standard Certification system
Maritime Labour Certificate & Declaration of
Maritime Labour Compliance
Quality control procedures

9. Next Steps
Maritime Labour Convention
Ratification by 30 Member states with
33% GT
Promotion of the Convention
Introduction into National Legislation

10. Key Points
Pillar like SOLAS & MARPOL
Practical
HR Manager’s Bible
Flag & Port State Inspectors Guide
Compendium Comprehensive convention
Well ratified
Enforceable
Global Level Playing Field

11. Medical Aspects
•Updating of guidelines for pre – employment medicals
•Review of the Contents of the Ships medical Chest
•Update for the International Medical Guide for Ships
•Greater respect for the content of Title 4 of the Convention
re medical issues and linking these in to title 3 for example
with regard to appropriate medical and sanitary provisions.

12. Natalie Shaw
12 Carthusian Street
London EC1M 6EZ
Telephone: + 44 20 7417 2849
Fax: + 44 20 7417 8877
E-mail: Natalie.shaw@marisec.org
Website: www.marisec.org