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ILO – MARITIME LABOR CONVENTION 2006

ILO – MARITIME LABOR CONVENTION 2006. Mayte Medina Office of Operating and Environmental Standards United States Coast Guard. April, 2009. THE MARITIME LABOR CONVENTION, 2006 HISTORY THE CONVENTION CONTENT. Talking Points. Adopted by ILO in February 2006 in Geneva, Switzerland.

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ILO – MARITIME LABOR CONVENTION 2006

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  1. ILO – MARITIME LABOR CONVENTION 2006 Mayte Medina Office of Operating and Environmental Standards United States Coast Guard April, 2009

  2. THE MARITIME LABOR CONVENTION, 2006 HISTORY THE CONVENTION CONTENT Talking Points

  3. Adopted by ILO in February 2006 in Geneva, Switzerland. “Fourth pillar” of the international regulatory regime. Comprehensive set of global standards Primary purpose Sets out seafarer’s rights to decent work conditions, and Create conditions of fair competition for shipowners MARITIME LABOR CONVENTION, 2006

  4. In response to “Globalization” Outdated ILO instruments Industry changes Management Mix nationality crews Open registries Low ratification levels MLC 2006 – HISTORYWhy a new Convention?

  5. Purpose To bring the system of protection contained in the existing labor standards closer to the workers concerned, in a form consistent with the rapidly developing, globalized sector (ensuring “decent work”); To improve the applicability of the system so that the shipowners and governments interested in providing decent conditions of work do not have to bear an unequal burden in ensuring protection (“level-playing field” – fair competition); and To provide for a more ratifiable instrument. MLC 2006 – The ConventionOverview

  6. Consolidates the substance from 68 maritime labor instruments 38 Conventions and 30 Recommendations Gradual phase out of the existing Conventions Transitional period - Non-ratifying countries will be bound by the existing Conventions, but Conventions will be closed to further ratification. MLC 2006 – The ConventionConsolidation of ILO Conventions

  7. Flexibilities Part B is non-mandatory Implementation may be achieved through national laws or regulations, through applicable collective bargaining agreements or through other measures in practice Implementation of Part A of the Code may also be achieved through measures of “substantially equivalent” The application of details may be relaxed to smaller ships – 200 GT and below Title 3 (accommodation) will not apply to ships constructed before the Convention comes into force MLC 2006 – The ConventionRatification

  8. A multi-level system for effective enforcement and compliance Seafarers – properly informed of their rights Shipowners – develop plans to comply with the requirements and maintain proper records of implementation a certification system for conditions of “decent work” Flag State – Issues the Maritime Labor Certificate and Declaration of Maritime Labor compliance ( for vessels over 500 GT) Port State – Control inspections MLC 2006 – The ConventionCompliance and Enforcement

  9. Formula Twelve months after the ILO receives 30 instruments of ratification equaling at least 33 percent of the world’s gross tonnage of ships. Why the complex formula? Achieve the right balance Numbers high enough to give legitimacy to the instrument but low enough to allow entry into force within five years of adoption Presence of the “no more favorable treatment” provision. MLC 2006 – The ConventionEntry into force

  10. Similar to IMO’s STCW Convention Articles – principles and obligations Regulations - Standard Two Part Code Part A – Standard (mandatory) Part B – Guidelines (non-mandatory*) *Note: Governments are required to consider Part B during implementation MLC 2006 – The ConventionStructure

  11. Title 1 – Minimum requirements of seafarers to work on a ship Minimum age Medical certificate Training and qualifications Recruitment and placement Title 2 – Conditions of employment Seafarers’ employment agreements Seafarers compensation for the ship’s loss Wages Manning levels Hours of work and rest Career and skill development & opportunities Entitlement to leave Repatriation MLC 2006 – The ConventionTitles

  12. Title 3 – Accommodation, recreational facilities, food and catering Accommodation and recreational facilities Food and catering Title 4 – Health protection, medical care, welfare and social security protection Medical care on board ship & ashore Shipowners liability Health & safety protection & accident prevention Access to shore-based welfare facilities Social security MLC 2006 – The ConventionTitles

  13. Title 5 – Compliance and enforcement Flag state responsibilities Port State responsibilities Labor-supplying responsibilities MLC 2006 – The ConventionTitles

  14. Convention entry into force 33 % of world’s gross tonnage of ships 30 countries Initiate US TAPILS process - DOL Governments Seafarers Shipowners Recommendation on ratification MLC 2006 – The ConventionNext Steps

  15. Mayte Medina Maritime Personnel Qualifications Division Office of Operating and Environmental Standards US Coast Guard (808) 393 2161 Mayte.Medina@uscg.mil Contact Information

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