Maritime Labour Convention

1. Maritime Labour Convention Seafarers’ Bill of Rights What does it mean for us? www.itfglobal.org

2. Why was the MLC adopted? • Seafarers need special protection • MLC provides comprehensive rights and protection • Tool to balance the maritime industry • Long term benefits for Employers and Seafarers • ‘Fourth pillar’ of international maritime regulatory regime, beside the key IMO SOLAS, MARPOL & STCW • Set minimum requirements to work on a ship • Strengthen enforcement mechanisms at all levels SEAFARERS’ BILL OF RIGHTS www.itfglobal.org

3. Key issues for the ITF affiliates • Protect fundamental and seafarers’ rights • Maintain principles in existing ILO Conventions • Enforceable minimum labour standards • Definition of seafarers/Shipowner • Social security protection • Real enforcement and control SEAFARERS’ BILL OF RIGHTS www.itfglobal.org

4. Fundamental Rights and Principles • Freedom of association and the effective recognition of the right to collective bargaining • Elimination of all forms of forced or compulsory labour • Effective abolition of child labour • Elimination of discrimination in respect of employment and occupation SEAFARERS’ BILL OF RIGHTS www.itfglobal.org

5. Seafarers’ Employment and Social Rights As a bare minimum every seafarer has the right to: • Safe and secure workplace that complies with safety standards • Fair terms of employment • Decent working and living conditions • Health protection, medical care, welfare measures and other forms of social protection SEAFARERS’ BILL OF RIGHTS www.itfglobal.org

6. Structure of the MLC • Articles- set out the principles and obligations. • Regulations, Standards (Part A) and Guidelines (Part B) in the Code integrated/organized under five Titles: • 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 SEAFARERS’ BILL OF RIGHTS www.itfglobal.org

7. To whom MLC applies/ does not apply • Seafarer - any person who is employed/engaged works in any capacity on a ship covered by the MLC • The MLC applies to all ships [and seafarers] publicly or privately owned engaged in commercial activities • Smaller ships (below 200 gt ) may be exempted • The Convention does not apply to inland waters; fishing vessels, traditional builds and warships SEAFARERS’ BILL OF RIGHTS www.itfglobal.org

8. MLC requirements • Minimum age • Medical certification • Qualifications of seafarers • Recruitment and placement • Seafarers’ employment agreements • Wages • Hours of work and hours of rest SEAFARERS’ BILL OF RIGHTS www.itfglobal.org

9. What must be in your employment agreement? • Your full name, date of birth/age; place of birth • Shipowner’s name and address • Where and when the agreement was signed • Position on board • Your wages and how they are calculated • Amount of paid annual leave SEAFARERS’ BILL OF RIGHTS www.itfglobal.org

10. What must be in your employment agreement? • Conditions for terminating the contract • Expiry date/duration of contract • Health/ social security benefits provided • Entitlement and details to repatriation • Reference to the CBA, if applicable • Any other details required by national law SEAFARERS’ BILL OF RIGHTS www.itfglobal.org

11. Wages • You have the right to be paid regularly and in full • Basic pay or wages - pay for normal hours of work • The ILO minimum wage for ABs • Overtime • Keep your own copy of overtime • Sending money home • Your entitlements SEAFARERS’ BILL OF RIGHTS www.itfglobal.org

12. Hours of work and hours of rest • Normal working hours - 8-hour day/one day of rest • Maximum hours of work – No more than 14 hours in any 24-hour period – No more than 72 hours in any seven-day period • Minimum hours of rest – at least 10 hours of rest in any 24-hour period – at least 77 hours rest in any seven-day period • Table with shipboard working arrangements SEAFARERS’ BILL OF RIGHTS www.itfglobal.org

13. MLC requirements cont/… • Entitlement to leave • Repatriation • Seafarer compensation (ship’s loss or foundering) • Manning levels of the ship • Accommodation • On-board recreational facilities • Food and catering SEAFARERS’ BILL OF RIGHTS www.itfglobal.org www.itfglobal.org

14. MLC requirements cont/… • Health and safety and accident prevention • On-board medical care • Shipowners’ liability • Health and safety protection/ accident prevention • Access to shore-based welfare facilities • Consulates • Social security SEAFARERS’ BILL OF RIGHTS www.itfglobal.org

15. Safeguarding your rights • TITLE 5: Compliance and Enforcement – Flag State responsibilities – Port State responsibilities – Labour-supplying responsibilities • Maritime labour Certificate/ DMLC • Inspection and enforcement • On-board complaint procedures SEAFARERS’ BILL OF RIGHTS www.itfglobal.org

16. Inspections in port/Port State Control • Inspections in port • More detailed inspection can be carried out when: – the documents are not produced/ invalid/ falsified – grounds for believing that the working and living conditions are substandard – the ship has attempted to avoid compliance – a complaint by a seafarer, trade union, person interested in safety and health of seafarers/ their ship • Examples of circumstances that may require detention SEAFARERS’ BILL OF RIGHTS www.itfglobal.org

17. ITF/Affiliates/ Seafarers Prospective • We all need the MLC ratified and implemented • MLC will help to improve your living and working conditions on board • MLC is giving the minimum standards only • For further information www.itfseafarers.org • Questions please? SEAFARERS’ BILL OF RIGHTS www.itfglobal.org