Frequently asked questions about MLC 2006
1. What is the definition of Shipowner according to MLC 2006
2. What is the definition of a Seafarer under MLC 2006?
3. Which countries have ratified MLC 2006 to date?
4. Who is the competent authority for MLC 2006?
5. Does the MLC 2006 apply to entertainers and hotel service staff?
6. Who is protected by the MLC 2006?
7. Who or what does the MLC 2006 apply to?
8. What is the Maritime Labour Convention, 2006 (MLC 2006)?
9. What does Declaration of Maritime Labour Compliance (DMLC) mean?
10. Where do I apply for my DMLC Part I for MLC 2006?
11. What is the DMLC Part I in MLC 2006?
12. What is the DMLC Part II in MLC 2006?
13. Who prepares the DMLC Part II for MLC 2006?
14. What needs to be recorded in DMLC Part II as part of MLC 2006?
15. How do I get my ML Certificate for MLC 2006?
16. Who inspects my ship for MLC 2006?
17. How do I know that my DMLC Part II for MLC 2006 is complete?
18. When does MLC 2006 enter into force?
19. Who needs to be certified for MLC 2006?
20. Does the MLC 2006 directly apply to shipowners, ships and seafarers?
21. What is the Special Tripartite Committee in MLC 2006?
22. What is meant by the term “Member” in MLC 2006?
23. Who is the competent authority in MLC 2006?
24. What is the master’s role in ensuring compliance with MLC 2006 requirements?
1. What is the definition of Shipowner according to MLC 2006
For the purpose of this Convention shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with this Convention, regardless of whether any other organization or persons fulfil certain of the duties or responsibilities on behalf of the shipowner.
2. What is the definition of a Seafarer under MLC 2006?
Under MLC-2006 ‘seafarer’ means any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies. The different flag states may implement more specific definitions as there are certain categories of workers, who only board the ship briefly and who normally work on land, for example flag State or port State control inspectors, who clearly could not be considered as working on the ship concerned.
In other cases, the situation may not be clear, for example when a performer has been engaged to work on a cruise ship for the whole of the cruise or to carry out on going ship maintenance or repair or other duties on a voyage. The MLC-2006 Document Generator gives detailed information per flag state as listed on the home page.
3. Which countries have ratified MLC 2006 to date?
The number of countries that have ratified to MLC-2006 is ever increasing. Please follow this link for up-to-date information.
http://www.ilo.org/dyn/normlex/en/f?p=1000:11300:0::NO::P11300_INSTRUMENT_ID:312331
4. Who is the competent authority for MLC 2006?
The MLC, 2006 defines the term ”competent authority” in Article II, paragraph 1(a) as “the minister, government department or other authority having power to issue and enforce regulations, orders or other instructions having the force of law in respect of the subject matter of the provision concerned”.
It is a term used to indicate the department(s) of a government with responsibility for implementing the MLC 2006. Practices could vary between countries and often more than one department or agency (e.g., labour or maritime or social security) could be involved in implementing aspects of the MLC 2006 in a country and could therefore be the “competent authority” for the particular issue.
Sometimes it is also referred to as the Administration.
5. Does the MLC 2006 apply to entertainers and hotel service staff?
Since the MLC 2006 applies to “any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies”, it covers all workers including cabin and cleaning personnel, bar staff, waiters, entertainers, singers, kitchen staff, casino personnel and estheticians. This conclusion is applicable irrespective of whether the seafarers concerned have been recruited directly by a shipowner or are employed under a subcontracting arrangement.
Nevertheless, there are certain categories of workers, who only board the ship briefly and who normally work on land, for example flag State or port State control inspectors, who clearly could not be considered as working on the ship concerned.
In other cases, the situation may not be clear, for example when a performer has been engaged to work on a cruise ship for the whole of the cruise or to carry out on going ship maintenance or repair or other duties on a voyage.
The MLC-2006 Document Generator gives detailed flag specific information for the flags listed on the home page.
6. Who is protected by the MLC 2006?
Seafarers are protected under MLC-2006. Seafarers are defined as “all persons who are employed or are engaged or work in any capacity on board a ship to which the Convention applies”
7. Who or what does the MLC 2006 apply to?
The Convention will apply to all ships, regardless of their tonnage, whether publicly or privately owned, ordinarily engaged in commercial activities, other than ships engaged in fishing or in similar pursuits and ships of traditional build such as dhows and junks. This Convention does not apply to warships or naval auxiliaries. A “ship” is defined as 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.
8. What is the Maritime Labour Convention, 2006 (MLC 2006)?
The ILO's Maritime Labour Convention (MLC), 2006 provides comprehensive rights and protection at work for the world's more than 1.2 million seafarers. The Convention aims to achieve both decent work for seafarers and secure economic interests in fair competition for quality shipowners.
A Maritime Labour Certificate (MLC) and a Declaration of Maritime Labour Compliance (DMLC) will be required to ensure compliance with the Convention for all ships above 500 tons in international trade.
9. What does Declaration of Maritime Labour Compliance (DMLC) mean?
DMLC means a declaration summarising the national laws or regulations implementing an agreed-upon list of 14 areas of the maritime standard. The Flag State of the vessel falling under the MLC 2006 will draw up a ship-specific Declaration of Maritime Labour Compliance, Part I (DMLC I).
The shipowner / operator shall develop and implement measures to ensure compliance with the national requirements in the ship-specific Declaration of Maritime Labour Compliance, Part II (DMLC II). The declaration is attached to the Maritime Labour Certificate and sets out the shipowner’s or operator’s plan for ensuring that the national requirements implementing the Convention will be maintained on the ship between inspections. The MLC-2006 Document Generator will guide you through the preparation of your DMLC Part II.
10. Where do I apply for my DMLC Part I for MLC 2006?
Application for DMLC I is with the Flag State in most countries, and in some one applies with Class. The MLC-2006 Document Generator provides flag specific information and links to the flags listed on the home page.
11. What is the DMLC Part I in MLC 2006?
The Flag State of the vessel falling under the MLC 2006 will draw up a ship-specific Declaration of Maritime Labour Compliance, Part I (DMLC I). This document contains references to the national laws and possible flag specific exemptions. The MLC-2006 Document generator contains direct links to DMLC Part I for all flags listed on the home page of the MLC-2006 Document Generator.
12. What is the DMLC Part II in MLC 2006?
The shipowner / operator shall develop and implement measures to ensure on-going compliance with the national requirements in the ship-specific Declaration of Maritime Labour Compliance, Part II (DMLC II). This declaration is attached to the Maritime Labour Certificate and sets out the shipowner’s or operator’s plan for ensuring that the national requirements implementing the Convention will be maintained on the ship between inspections. The MLC-2006 Document Generator will guide you through the preparation of your DMLC Part II.
13. Who prepares the DMLC Part II for MLC 2006?
The shipowner / operator shall develop and implement measures to ensure on-going compliance with the national requirements in the ship-specific Declaration of Maritime Labour Compliance, Part II (DMLC II).
14. What needs to be recorded in DMLC Part II as part of MLC 2006?
Im DMLC Part II the shipowner / operator needs to note the procedures or make references to existing procedures which ensure the compliance to the main points of the MLC covering ‘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’ and ‘Compliance and Enforcement’. The MLC-2006 Document Generator has been developed to ensure that you do not forget any of the items that are to be recorded in the DMLC Part II.
15. How do I get my ML Certificate for MLC 2006?
The ship specific MLCertificate will be issued once DMLC Part II is approved by class and if you have also passed inspection by class. With the MLC-2006 Document Generator, you can send a link of your DMLC Part II directly to class for comments. The MLC-2006 Document Generator also gives information on how to prepare for inspection.
16. Who inspects my ship for MLC 2006?
Most flag Administrations have delegated, under a separate written agreement, its inspection and certification functions under the MLC, 2006 to a list of Recognised Organisations (ROs). The MLC-2006 Document Generator indicates these per flag state for the flags listed on the home page.
17. How do I know that my DMLC Part II for MLC 2006 is complete?
The MLC-2006 Document generator will help you to make sure that all items for the DMLC Part II are covered and that you are prepared for inspection.
18. When does MLC 2006 enter into force?
The MLC-2006 will enter into force on 20 August 2013.
19. Who needs to be certified for MLC 2006?
Ships 500 GT or over, engaged in international voyages; and
Ships 500 GT or over, flying the flag of member and operating from a port or between ports in another country.
20. Does the MLC 2006 directly apply to shipowners, ships and seafarers?
The MLC 2006 is an international legal instrument and does not, therefore, apply directly to shipowners, ships or seafarers. Instead like all international law, it relies on implementation by countries through their national laws or other measures.
The national law or other measures would then apply to shipowners, seafarers and ships. The MLC 2006 sets out the minimum standards that must be implemented by all countries that ratify it.
The set standards must be reflected in the national standards or requirements and are subject to the usual oversight role taken by the Committee of Experts under the ILO supervisory system (a system established under the Constitution of the ILO)
21. What is the Special Tripartite Committee in MLC 2006?
Article XIII of the MLC, 2006 provides for the establishment of a Special Tripartite Committee by the ILO’s governing Body. The mandate of this Committee is to “keep the Working of this Convention under continuous review”. The Committee will consist of two representatives nominated by the Government of each country that has ratified the Convention, and the representatives of Shipowners and Seafarers appointed by the Governing Body after consultation with the´ILO’s Joint Maritime Commission (JMC). The Committee has an important role with respect to amendments to the Code. If faults are identified in the working of the Convention, or if the Convention needs to be updated, the Special Tripartite Committee will, in accordance with Article XV of the Convention, have the power to adopt amendments. The Committee will also play an important consultative role under Article VII for countries that do not have shipowners’ orseafarers’ organizations to consult when implementing the MLC 2006.
22. What is meant by the term “Member” in MLC 2006?
The Maritime Labour Convention, 2006 (MLC-2006) like other ILO legal instruments uses the terms “member” or “each member” throughout the MLC, 2006. The terms are used by the International Labour Organization (ILO) to refer to countries that are members of the ILO. In the context of this Convention a reference to “Member” or “Each Member” should be understood asreferring tocountries that have ratified the Convention, unless the Convention clearly refers to “any Member of the Organization”.
23. Who is the competent authority in MLC 2006?
The MLC, 2006 defines the term “competent authority” in Article II, paragraph 1 (a)
As “the minister, government department or other authority having power to issue and enforce regulations, orders or other instructions having the force of law in respect of the subject matter of the provision concerned”.
It is a term used to indicate the department(s) of a government with responsibility for implementing the MLC-2006. Practices could vary between countries and often more than one department or agency (e.g., labour or maritime or social security) could be involved in implementing aspects of the MLC-2006 in a country and could therefore be the “competent authority” for the particular issue.
24. What is the master’s role in ensuring compliance with MLC 2006 requirements?
The master, or a person authorised by the master, shall maintain and sign the records of seafarers’ daily hours of work or daily hours of rest.
Each seafarer concerned shall endorse his personal copy. It is the master’s obligation to carry out on-board the ship frequent inspections to ensure that accommodation areas and recreational facilities are safe and in a hygienic condition.
In addition, regular inspections of the galley, storerooms, provisions and equipment used for the handling and preparation of food shall be carried out by or under the authority of the master.
The results of these inspections, either carried out by the master or under his authority, shall be recorded and be available for review, which should include evidence for follow-up and rectifications if deficiencies are found.
In any case, masters should be familiar with the requirements of the MLC 2006 and the responsibilities with regard to its implementation.
