1. MLC – Consequences for
Norwegian shipping
Terje Hernes Pettersen
Senior adviser
Ministry of Trade and Industry

2. Introduction
28 March
2011

3. The role of the Ministry of Trade and Industry
• The Ministry of Labour has the main responsibility for working
and living conditions in Norway
• The Ministry of Trade and Industry has the overall responsibility
for shipping matters in Norway, including seafarers working and
living conditions
• The Norwegian Maritime Directorate (NMD) has the operative
responsibility to adopt standards and supervise that they are
complied with
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2011

4. The ILO and Norway
• Member of the ILO since the early days in 1919
• Played an active role within the organization to promote decent
working and living conditions worldwide
• Ratified most of the conventions adopted by the ILO
• We believe: Close co-operation between the social partnairs
and the governments is fundamental to promote high
international standards
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2011

5. Why was the MLC necessary?
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2011

6. The situation before MLC
• About 70 maritime ILO standards
• The degree of ratification varied substantially
• Reservations were taken by national states
• The level of working and living conditions varied
substantially from state to state
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2011

7. Need for one comprehensive binding standard
• The shipping industry is a genuine international industry
• In reality, there were no comprehensive global standards on
working and living conditions with wide-spread international
acceptence, as opposed to the standards adopted by the IMO
• As a result: Not sufficient and sustainable barriers against social
dumping in the maritime industry
• 2001: The social partners and the governments recognized the
need for a comprehensive convention
• 2006: The MLC adopted.
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2011

8. Consequences for Norwegian shipping
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2011

9. Implementation of the MLC in Norway
• 2008: Amendments to the Seafarer’s Act
• 2009: Norway ratified the MLC
• 2009: The Norwegian Maritime Directorate initiated a national
process of implementation
– Adopt regulations
– Adopt procedures
– Training of personell
• The process involves the social partners
• Aim to have everything in place in early 2012
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2011

10. Legal implications of the MLC in Norway
• Starting point:
• Norway has ratified most of the Conventions that are codified in
the MLC
• In addition, Norway has in some areas adopted a higher level of
protection than the ILO standards
• The implementation of the MLC shall NOT lead to a lower
national standard in Norway than before the MLC
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2011

11. The shipowner’s responsibility
• The shipowner has the responsibility of fulfilling the obligations
of the MLC
• In national law before the MLC: This was the obligation of the
employer
• There was a need to identify the shipowner; we have chosen the
ISM-company
• This will have some contractual implications for the industry
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2011

12. Certification
• MLC requires the issuance of a Maritime Labour Certificate
• Declaration of Maritime Labour Compliance (DMLC part I and II)
• Certification will be harmonized with safety certificate
inspections
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2011

13. The seafarer’s right to complain
• The MLC establishes a right for the seafarer to make complaints
• This is a novel right for seafarers envisaged in our national law
• The complaint shall seek to be resolved at the lowest level
• But, the seafarer may also complain to the Norwegian Maritime
Directorate (NMD)
• This will create certain adminitrative burdens on the NMD and
the shipowners
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2011

14. Economical and administrative consequences
• Costs for shipowners in total is estimated to 25 million kr (4
MILL USD). The costs are mainly related to the certification
process
• For the NMD: Administrative concequences; need for more
personell and training of personell
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2011

15. Other consequences
• For quality flag states like Norway, global standards of high
standard is an advantage
• It will promote equal competitions between flag states
• It will be easier for shipowners to document the standard of
living and working conditions on their ships
• For seafarers all over the world, the MLC is maybe the most
important single document ever adopted
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2011

16. STCW – health requirements
• The STCW was revised in Manila in June 2010
• The revised convention has more detailed health-requirements
• A joint ILO/IMO working group are working on harmonized
guidelines between MLC and STCW
• STCW has an important exemption regarding rest periods. An
amendment to make effect to the amendments will be sent on a
national hearing soon
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2011

17. The next step
• The MLC has unfortunately not entered into force yet.
• It is of great importance to keep the momentum going amongst
signatories to the MLC and speed up the ratification process
• What is needed is the MLC to enter into force!
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2011

18. Thank you for your attention!
28 March
2011