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ICS Guidelines on the Application of the ILO Maritime Labour Convention, 4th Ed. (2023)
More than ten years have passed since the entry into force of the ILO Maritime Labour Convention (MLC), which is now strictly enforced on a global basis and subject to Port State Control inspection.
This comprehensive and definitive guide to the MLC provides practical guidance on the convention to ensure readers are prepared for the regulatory changes that will affect them.
The updated and improved fourth edition:
- Addresses the wide range of MLC provisions including the 2022 updates, which will enter into force in December 2024, covering:
- Appropriately-sized personal protective equipment;
- Drinking water quality;
- Repatriation of abandoned seafarers;
- Repatriation of deceased seafarers;
- Medical care;
- Social connectivity;
- Information on rights concerning compensation; and
- Recording and reporting of deaths.
- Includes practical guidance and tools not in previous editions, including checklists which help clarify requirements for compliance, including the latest 2022 amendments.
- Is simple to navigate, using infographics and colour coding so readers can easily see what changes have been made to regulations.
- Has been written to go hand in hand with other ICS guides on regulations, including the new edition of Guidelines on the IMO STCW Convention.
Written for shipping companies, crewing agents, superintendents, maritime colleges, flag/port state inspectors and anyone involved in the employment of seafarers, a copy of this guide should be on board every merchant ship.
Contents
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1 Key issues, certification and enforcement and seafarers’ rights 1.1 Purpose and origins of the MLC 1.2 Convention structure 1.3 Labour standards overview 1.4 Entry into force, implementation and enforcement 1.5 Application 1.5.1 Application to ships 1.5.2 Application to seafarers 1.6 Links between the MLC, the STCW Convention and the ISM Code 1.7 MLC explanatory note 2 Fundamental seafarer rights 2.1 Freedom of association 2.2 Collective bargaining 2.3 Protection from discrimination, harassment and bullying 2.4 Promoting diversity and inclusion in shipping 3 Flag state inspection and certification 3.1 Flag state inspections 3.2 Areas to be inspected 3.3 Inspectors’ powers 3.4 MLC certification 3.4.1 Maritime labour certificate 3.4.2 Declaration of maritime labour compliance 3.4.3 Interim certificates 4 Port state control 4.1 Normal inspections 4.2 Grounds for a more detailed inspection 4.3 Detention of a ship 4.4 Common MLC deficiencies 5 Minimum requirements for seafarers to work on a ship 5.1 Minimum age 5.2 Medical certificate 5.3 Training and qualifications 5.4 Recruitment and placement 5.4.1 General principles 5.4.2 Government obligations 5.4.3 Shipowner obligations 5.4.4 Oversight of third party recruitment services 6 Young seafarers and the MLC 6.1 Minimum age of seafarers 6.2 Working hours of young seafarers 6.3 Medical certification for young seafarers 6.4 Young seafarers and food and catering 6.5 Repatriation of young seafarers 6.6 Safety and health education of young seafarers 7 Conditions of employment 7.1 Shipowner obligations 7.2 Seafarers’ employment agreements 7.3.1 ILO minimum wage 7.3.2 Definitions for the calculation of wages 7.3.3 Overtime 7.3.4 Consolidated wages 7.3.5 General principles for payment of wage deductions 7.4 Hours of work and rest 7.4.1 MLC and STCW rest requirements 7.4.2 The hours of work and rest regimes 7.4.3 Schedule of working 7.4.4 Record keeping 7.4.5 Permitted exceptions 7.4.6 Hours of work for young seafarers 7.5 Entitlement to shore leave 7.5.1 Calculation of entitlement for paid leave 7.5.2 Other considerations 7.6 In the event of loss or foundering 7.6.1 In the event of a hostage situation 7.7 Crewing levels 7.8 Career development 8 Accommodation and recreational facilities 8.1 Application to new and existing ships 8.2 Ongoing compliance 8.3 Design and construction 8.4 Prevention of noise and vibration 8.5 Heating, air conditioning and ventilation 8.6 Lighting 8.7 Living accommodation 8.7.1 Sleeping rooms 8.7.2 Mess rooms 8.7.3 Hospital 8.7.4 Laundry 8.7.5 Facilities for engine personnel 8.7.6 Ship’s office 8.7.7 Sanitary facilities 8.8 Recreational facilities 8.8.1 Social connectivity 8.8.2 Open decks 8.8.3 Mail and ship visits 8.8.4 Shore leave 8.9 Guidance for ships constructed before the MLC entered into force 8.9.1 Maintenance of accommodation for ships constructed before the MLC entered into force 8.9.2 Ventilation for ships constructed before the MLC entered into force 8.9.3 Sanitary accommodation for ships constructed before the MLC entered into force 9 Food and catering 9.1 Shipowners’ obligations 9.1.1 Food storage and sufficient food 9.1.2 Condition of galley 9.1.3 Vermin control 9.1.4 Drinking water 9.2 Ships’ cooks 9.2.1 Ship’s cook’s training 9.3 Inspection by the master 10 Health protection and medical care 10.1 The provisions for health, safety and medical care 10.2 Limitations permitted by national law for payment in the event of illness or injury 10.3 Medical care on board ship 10.4 Medical qualifications of seafarers 10.5 Carriage requirements for medical equipment 10.6 Diseases 11 Health and safety protection 11.1 Personal protective equipment 11.2 Prevention of noise and vibration 11.3 Young seafarers’ health and safety 11.4 Other issues 11.5 Shipowner obligations on accident prevention 11.6 National health and safety protection and prevention programmes 11.6.1 Instruction in occupational safety and health protection and the prevention of occupational accidents 11.7 Reporting and collection of statistics 11.7.1 Investigations 11.8 Investigation into the deaths of seafarers 12 Shipowners’ liability to protect seafarers from the consequences of sickness, injury and death 13 Seafarers’ welfare 13.1 Access to shore based welfare facilities 14 Social security 14.1 Social security 14.2 Seafarers’ Pension Convention 15 Repatriation 15.1 Shipowner obligations 15.2 Circumstances where repatriation is required 15.3 Costs to be met by the shipowner 15.4 Repatriation in the event of abandonment 15.5 Reimbursement of expenses in the event of abandonment 16 Death in service of a seafarer 16.1 Repatriation of a body in the event of a fatality 16.2 The seafarer’s effects 16.3 Seafarer compensation in the event of a fatality 17 Complaint procedures 17.1 On board complaints 17.2 Complaints to other parties 17.3 Contractual redress for seafarers Appendix Checklist to help masters and shipowners ensure compliance with MLC |
