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Maritime Labour Convention – A Brief Introduction

Maritime Labour Convention – A Brief Introduction. Dr. Matthew Attard – GANADO Advocates. Preamble.

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Maritime Labour Convention – A Brief Introduction

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  1. Maritime Labour Convention – A Brief Introduction Dr. Matthew Attard – GANADO Advocates

  2. Preamble The Preamble to the Maritime Labour Convention( the MLC) states that its objectives are to create a single, coherent instrument incorporating the latest standards as per international maritime labour Conventions and Recommendations, and fundamental principles found therein.

  3. Preamble • In particular the MLC’s objectives are to incorporate the principles found in: 1. The Forced Labour Convention (1930) 2. The Freedom of association and protection of the right to organize convention (1948) 3. The equal remuneration Convention (1951) 4. The abolition of Forced labour Convention (1957)

  4. Preamble 5. The discrimination (Employment and Occupation) Convention (1958) 6. The Minimum Age Convention (1973) 7. The Worst Forms of Child Labour Convention (1999)

  5. It is also held that the Convention is drafted in a spirit adhering to the core mandate of the International Labour Organisation (ILO) ; that being the promotion of decent conditions to work. Given the global nature of the shipping industry, seafarers need special protection

  6. The MLC is further mindful of Article 94 of the United Nations Convention on the Law of the Sea (1982) which establishes the duties and obligations of flag states: 3. Every State shall take such measures for ships flying its flag as are necessary to ensure safety at sea with regard, inter alia, to: (b) the manning of ships, labour conditions and the training of crews, taking into account the applicable international instruments;

  7. Article IV of the Preamble to the MLC directly highlights seafarers’ employment and social rights; including: • A safe and secure workplace complying with safety standards; • Fair terms of employment; • Decent working and living conditions on board; • Health protection and other forms of social protection.

  8. Structure of the Convention The MLC is further subdivided in five titles dealing with: • Minimum Requirements for seafarers to work on a ship • Conditions of Employment • Accommodation, Recreational Facilities, Food and Catering • Health protection, Medical Care, Welfare and Social Security Protection • Compliance and Enforcement

  9. Scope Clause 4 states that except as expressly provided otherwise, this Convention applies to all ships whether publicly or privately owned, ordinarily engaged in commercial activities. The convention does NOT apply to warships or naval auxiliaries

  10. Conditions of Employment The MLC makes reference to fair seafarer employment agreements under Regulation 2.1, providing decent working and living conditions on board. Regulation 2.3 further discusses hours of work and rest, ensuring that they are duly regulated and that each Member State establishes maximum hours of work and minimum hours of rest. Said maximum hours of work shall not exceed: • 14 hours in any 24 hour period; • 72 hours in any 7 day period; while the minimum hours of rest shall not be less than: • 10 hours in any 24 hour period; • 77 hours in any 7 day period;

  11. Accommodation Regulation 3.1 of the MLC ensures decent accommodation and recreational facilities on board. Further specific standards are provided to ensure clarity; namely relating to: • The size of rooms and other accommodation spaces; • Heating and ventilation; • Noise and vibration and other ambient factors; • Sanitary facilities; • Lighting; • Hospital Accommodation.

  12. General accommodation requirements include adequate headroom, insulation, proper lighting and sufficient drainage. Other requirements are subject specific; such as Clause 7 of Standard A3.1 dealing with ventilation and heating; stating that ships shall be equipped with air conditioning/heating (although this may be foregone in cases of ships of less than 200 gross tonnage as per Clause 20); or Clause 9, which holds that in ships other than passenger ships, an individual sleeping room shall be provided to each seafarer, albeit in the case of ships of less than 3,000 gross tonnage, exemptions from this requirement may be granted by the competent authority.

  13. Maltese Scenario As per its transposition into Maltese law on the 20th August 2013 via Subsidiary Legislation 234.51 via Legal Notice 145 of 2013 as amended by Legal Notice 262 of 2013, the Merchant Shipping (Maritime Labour Convention) Rules (hereafter referred to as the Rules), adopts the regulations listed in the MLC faithfully.

  14. Merchant Shipping (Maritime Labour Convention) Rules 3. (1) Subject to sub-rule (2), these rules shall apply to all Maltese seagoing ships wherever they are and to all other ships while they are in Maltese ports as determined by the Convention and to all seafarers serving onboard such ships.

  15. Article 3(2) goes on to add that the Rules shall NOT apply to: • Fishing vessels; • Ships of a traditional build; • Small ships as defined in the Small Ships Regulations and that navigate exclusively in internal waters or waters closely adjacent to Malta; • Yachts in non-commercial use; • Warships or naval auxiliaries.

  16. Guidelines for the Implementation of the MLC 2006 These Guidelines – issued by Transport Malta via Merchant Shipping Notice 105 on the 20th February 2013- make provision for the Declaration of Maritime Labour Compliance (DMLC), which summarises national legislation relating to the MLC by implementing an agreed upon list of 14 areas of maritime standards to be adhered to.

  17. The Merchant Shipping Directorate is responsible for issuing the DMLC Part I, detailing matters to be inspected, ship specific requirements and any applicable exemptions granted under Title III of the MLC dealing with Accommodation, Recreational Facilities, Food and Catering. The DMLC Part II shall then be completed by the ship-owner, who must identify the measures being adopted in order to ensure ongoing compliance with national legislation. Said compliance must be verified and vetted by taking various documents into consideration; these including seafarer employment agreements, collective bargaining agreements etc. This is to be further complimented by an onboard inspection verifying successful implementation of the measures earlier identified.

  18. Parameters • The 14 Parameters are the following: • Minimum Age (reg. 1.1) • Medical Certification (reg. 1.2) • Qualification of Seafarer (reg. 1.3) • Seafarer’s Employment Agreement (reg 2.1) • Use of any licensed or certified or regulated private recruitment and placement service * (reg 1.4)

  19. Parameters 2 6. Hours of work or rest (reg 2.3) 7. Manning Levels for the Ship (reg 2.7) 8. Accommodation (reg 3.1) 9. On-Board recreational facilities (regulation 4.1) 10. Food and Catering (reg 3.2) 11. Health and Safety and Accident prevention (reg 4.3)

  20. Parameters 3 12. On-Board Medial Care (reg 4.1) 13. On-Board Complaint Procedure (reg 5.1.5) 14. Payment of Wages (reg 2.2)

  21. Maritime Labour Certificate In furtherance to the DMLC, the Guidelines, in line with Title V of the MLC dealing with compliance and enforcement, a Maritime Labour Certificate is to be issued to ships of 500GT or more, confirming that working and living conditions have been inspected and verified in light of national legislation implementing the MLC. (audit carried out) This certificate shall be issued for a period not exceeding 5 years, and shall not be renewed prior to verifying whether all national requirements implementing the MLC are being met.

  22. Both the Maritime Labour Certificate and the DMLCs shall cease to be valid where: • required inspections have not been carried out; • the ship-owner has changed; • the flag has changed; or • substantial modifications to the structure or equipment have been made.

  23. Concluding Remarks As earlier mentioned, the ILO’s Declaration on Fundamental Principles and Rights at Work is committed towards employment at sea and holds: Whereas, in seeking to maintain the link between social progress and economic growth, the guarantee of fundamental principles and rights at work is of particular significance in that it enables the persons concerned, to claim freely and on the basis of equality of opportunity, their fair share of the wealth which they have helped to generate, and to achieve fully their human potential;

  24. Non-applicability of the MLC to crew aboard private pleasure yachts appears to be in direct contradiction to the aforementioned.

  25. THE END Thank you mattard@ganadoadvocates.com

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