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Introduction to MLC 2006

ILO Maritime Labour Convention 2006. Introduction to MLC 2006. Captain P. Michael DeCharles, BS, JD, LLM Executive Vice President. Agenda. What is MLC 2006? Why was it created? Applicability? Key players? Certification process? Where do we stand today?. ILO.

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Introduction to MLC 2006

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  1. ILO Maritime Labour Convention 2006 Introduction to MLC 2006 Captain P. Michael DeCharles, BS, JD, LLM Executive Vice President

  2. Agenda • What is MLC 2006? • Why was it created? • Applicability? • Key players? • Certification process? • Where do we stand today?

  3. ILO • Agency of the United Nations • Tri-partite structure • Common decent work conditions • First specialized agency of UN in 1946

  4. What is the Convention? • Updates and consolidates 68 existing instruments (37 Conventions and 31 recommendations) • Adopted 23 February 2006, the MLC incorporates fundamental principles of 8 ILO Conventions • Existing Conventions gradually phase out • Considered 4th pillar of Maritime regulations

  5. Why the Convention? Existing Conventions • Outdated and not reflective of current working conditions • High level of detail led to compliance and enforcement problems • Relatively low ratification record

  6. Why the Convention? • New Convention • Accelerated and less costly amendment procedures • Level playing field • System to resolve complaints • Ship operational changes

  7. Applicability of the Convention *ships less than 200 gt • All ships (and the seafarers on these ships) • Public and privately owned • Ordinarily engaged in commercial activities • Except as expressly provided*

  8. Applicability of the Convention • Definition of “ship” • A ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply

  9. Applicability of the Convention • Definition of “seafarer” • Any person who is employed or engaged or works in any capacity onboard a ship to which the Convention applies

  10. Applicability of the Convention • Exceptions • Convention does not apply to: • Ships engaged in fishing or similar pursuits • Ships navigating exclusively in inland waters or waters within, or closely adjacent to • Ships navigating exclusively in sheltered waters or areas where port regulations apply • Ships of traditional build such as dhows and junks • Warships or naval auxiliaries

  11. Applicability of the Convention • Applies to all ships: • Ships 500 gt and more need to be certified and must carry a: • Maritime Labour Certificate (MLC) • Document of Maritime Labour Compliance (DMLC) – 2 parts

  12. Makeup of the Convention • Articles, Regulations and the Code • Vertically integrated • Articles and Regulations • Set out the core rights, principlesand basic obligations of members • Code • Details for implementation of regulations • Part A (mandatory standards) • Part B (non-mandatory guidelines)

  13. Makeup of the Convention • Five Titles: • Title 1: Minimum requirements for seafarers to work on a ship • Title 2: Conditions of employment • Title 3: Accommodation, recreational facilities, food and catering • Title 4: Health protection, medical care, welfare and social security protection • Title 5: Compliance and enforcement

  14. Convention structure Note: Blue font indicates elements subject to inspection by PSC

  15. Key Players

  16. What Does this Really Mean? • Flag specifies the requirements • Company develops a system • Company implements the system • Flag/Recognized Organization (RO)verifies initial implementation • Company continues to implementand seeks continuous improvement • Flag/RO periodically verifiesongoing compliance

  17. The Labor Management System MLC Source: IACS

  18. Certification Flowchart Activities carried out by flag State or RO Onshore Activity, Review of Prior to Shipboard DMLC Part II Attendance Against Part I Inspect compliance Inspect working with the Convention and living conditions Shipboard Activity Endorse DMLC Part II Issue Maritime Labour Certificate (MLC) Company Prepares DMLC Part II Flag Issues DMLC Part 1 Flag state ratifies MLC & implements convention into its national law

  19. Entry Into Force • Entry into force • 12 months after 30 members with at least 33% of world’s gross tonnage (GT) have ratified: Entry Date:20 August 2013

  20. At this time Vanuatu may not be ratifying the convention,but it really does not matter to the international registry.。 *****The MCL,2006 will be enforced through the back door by Port State Control. The MCL 2006 obligates States that ratify the Convention to give no more favorable treatment to ships of States that havenot ratified the Convention. ***** (Article V, paragraph 7) _________________________________________________ • VMSL will develop a Voluntary Compliance Certificate for the Maritime Labor Convention to which a Voluntary Declaration for Maritime Labor Convention shall be attached. • VMSL will develop Declaration of Voluntary Compliance of the Maritime Labor Convention –Part I in which the vessel owner can draft the Voluntary Declaration of Compliance – Part II. 20

  21. THE FLAG OF QUALITY email@vanuatuships.com mdecharles@vanuatuships.com

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